Climate Change (Scotland) Act 2009

[F1 Reporting S

Textual Amendments

F1 S. 33 and cross-heading substituted (23.3.2020) by Climate Change (Emissions Reduction Targets) (Scotland) Act 2019 (asp 15), ss. 18, 32(2) (with s. 11); S.S.I. 2020/66, reg. 2

33 Reports on emissions reduction targets S

[F2 (1) The Scottish Ministers must, following each period covered by a Scottish carbon budget, lay before the Scottish Parliament a report in relation to that period.

(2) The report must state—

(a) the Scottish carbon budget for the period,

(b) whether the Scottish carbon budget target arising from that budget has been met,

(c) the percentage by which the net Scottish emissions account for the period is lower than the baseline multiplied by the number of years comprising the period,

(d) the difference between—

(i) the net Scottish emissions account for the period, and

(ii) the Scottish carbon budget for the period.

[F3 (2ZA) The report must also set out details of any assessments, carried out during the period to which the report relates, in accordance with the proposals and policies set out in a climate change plan for assessing the impact of major capital projects on meeting Scottish carbon budget targets.]

(2A) The report relating to the period ending with the net-zero emissions target year must also state—

(a) the net-zero emissions target,

(b) whether that target has been met,

(c) the percentage by which the net Scottish emissions account for the net-zero emissions target year is lower than the baseline,

(d) the amount by which the net Scottish emissions account for the net-zero emissions target year is lower or higher than the net-zero emissions target.]

(3) The Scottish Ministers must—

(a) use target-relevant international carbon reporting practice for the purposes of assessing and reporting on the matters mentioned in [F4 subsections (2) and (2A)] and, in doing so, determine each figure and amount in a manner as would be consistent with the most up-to-date advice provided by the relevant body on the methods to be used for that purpose, and

(b) specify in the report the methods used to determine each figure and amount in accordance with paragraph (a).

(4) The report under this section must be laid before the Parliament as soon as reasonably practicable after the information to be contained in the report becomes available.]

Textual Amendments

F2 S. 33(1)-(2A) substituted for s. 33(1)(2) (23.11.2024) by Climate Change (Emissions Reduction Targets) (Scotland) Act 2024 (asp 15), ss. 2(15)(a), 15

F3 S. 33(2ZA) inserted (23.11.2024) by Climate Change (Emissions Reduction Targets) (Scotland) Act 2024 (asp 15), ss. 12(2), 15

F4 Words in s. 33(3) substituted (23.11.2024) by Climate Change (Emissions Reduction Targets) (Scotland) Act 2024 (asp 15), ss. 2(15)(b), 15

[F5 34 Reports on emissions reduction targets: further content S

(1) A report under section 33 must, in addition to the matters required under that section, state—

(a) in relation to net Scottish emissions of greenhouse gases—

(i) the baseline,

(ii) the aggregate amount of net Scottish emissions of greenhouse gases for [F6 each year] covered by the report,

(iii) the percentage by which the aggregate amount of net Scottish emissions of greenhouse gases for [F7 each year] covered by the report is lower than the baseline,

(iv) the percentage by which the aggregate amount of net Scottish emissions of greenhouse gases for [F8 each year] covered by the report is lower or higher than the equivalent amount for the immediately preceding year, and

(v) the methods used to determine the aggregate amount of net Scottish emissions of greenhouse gases, together with details of any changes to those methods,

(b) in relation to the net Scottish emissions account—

(i) its amount for [F9 each year] covered by the report,

(ii) the percentage by which the account for [F10 each year] covered by the report is lower than the baseline,

(iii) the percentage by which the account for [F11 each year] covered by the report is lower or higher than the equivalent account for the immediately preceding year, and

(iv) the percentage of any reduction in the account for [F12 each year] covered by the report, relative to the equivalent account for the immediately preceding year, which is accounted for by reductions in net Scottish emissions of greenhouse gases,

(c) the total amount of carbon units that were—

(i) credited to or debited from the net Scottish emissions account for [F13 each year] covered by the report,

(ii) purchased by the Scottish Ministers in [F14 each year] covered by the report, and

(iii) held by the Scottish Ministers immediately after the end of the [F15 final] year covered by the report and which remained available to offset greenhouse gas emissions for other F16 ... years,

(d) for each [F17 year between 2010 and the final] year covered by the report—

(i) the aggregate amount of net Scottish emissions of greenhouse gases, and

(ii) the amount of the net Scottish emissions account, and

(e) the fair and safe Scottish emissions budget, and the aggregate amount of net Scottish emissions of greenhouse gases for the period from 2010 to the end of the [F18 final] year covered by the report.

(2) The Scottish Ministers must use current international carbon reporting practice for the purposes of assessing and reporting on the matters mentioned in subsection (1).

(3) If the methods used to determine net Scottish emissions of greenhouse gases change and that change is such as to require adjustment of an amount for [F19 a year covered by a previous report under section 33 or 34A], the report must—

(a) specify the adjustment required and state the adjusted amount, and

(b) explain why the adjustment is required.

(4) An adjustment under subsection (3) must, in so far as reasonably practicable, be made in accordance with current international carbon reporting practice.

(5) The report may contain such other information as the Scottish Ministers consider appropriate.]

Textual Amendments

F5 S. 34 substituted (23.3.2020) by Climate Change (Emissions Reduction Targets) (Scotland) Act 2019 (asp 15), ss. 19, 32(2); S.S.I. 2020/66, reg. 2

F6 Word in s. 34(1)(a)(ii) substituted (23.11.2024) by Climate Change (Emissions Reduction Targets) (Scotland) Act 2024 (asp 15), ss. 2(16)(a)(i)(A), 15

F7 Word in s. 34(1)(a)(iii) substituted (23.11.2024) by Climate Change (Emissions Reduction Targets) (Scotland) Act 2024 (asp 15), ss. 2(16)(a)(i)(A), 15

F8 Word in s. 34(1)(a)(iv) substituted (23.11.2024) by Climate Change (Emissions Reduction Targets) (Scotland) Act 2024 (asp 15), ss. 2(16)(a)(i)(A), 15

F9 Word in s. 34(1)(b)(i) substituted (23.11.2024) by Climate Change (Emissions Reduction Targets) (Scotland) Act 2024 (asp 15), ss. 2(16)(a)(i)(B), 15

F10 Word in s. 34(1)(b)(ii) substituted (23.11.2024) by Climate Change (Emissions Reduction Targets) (Scotland) Act 2024 (asp 15), ss. 2(16)(a)(i)(B), 15

F11 Word in s. 34(1)(b)(iii) substituted (23.11.2024) by Climate Change (Emissions Reduction Targets) (Scotland) Act 2024 (asp 15), ss. 2(16)(a)(i)(B), 15

F12 Word in s. 34(1)(b)(iv) substituted (23.11.2024) by Climate Change (Emissions Reduction Targets) (Scotland) Act 2024 (asp 15), ss. 2(16)(a)(i)(B), 15

F13 Word in s. 34(1)(c)(i) substituted (23.11.2024) by Climate Change (Emissions Reduction Targets) (Scotland) Act 2024 (asp 15), ss. 2(16)(a)(i)(C), 15

F14 Word in s. 34(1)(c)(ii) substituted (23.11.2024) by Climate Change (Emissions Reduction Targets) (Scotland) Act 2024 (asp 15), ss. 2(16)(a)(i)(C), 15

F15 Word in s. 34(1)(c)(iii) inserted (23.11.2024) by Climate Change (Emissions Reduction Targets) (Scotland) Act 2024 (asp 15), ss. 2(16)(a)(ii)(A), 15

F16 Word in s. 34(1)(c)(iii) repealed (23.11.2024) by Climate Change (Emissions Reduction Targets) (Scotland) Act 2024 (asp 15), ss. 2(16)(a)(ii)(B), 15

F17 Words in s. 34(1)(d) substituted (23.11.2024) by Climate Change (Emissions Reduction Targets) (Scotland) Act 2024 (asp 15), ss. 2(16)(a)(iii), 15

F18 Word in s. 34(1)(e) inserted (23.11.2024) by Climate Change (Emissions Reduction Targets) (Scotland) Act 2024 (asp 15), ss. 2(16)(a)(iv), 15

F19 Words in s. 34(3) substituted (23.11.2024) by Climate Change (Emissions Reduction Targets) (Scotland) Act 2024 (asp 15), ss. 2(16)(b), 15

Commencement Information

I1 S. 34 in force at 31.10.2009 by S.S.I. 2009/341, art. 2(2)(a)

[F20 34A Annual report on emissions reduction S

(1) The Scottish Ministers must following each year lay before the Scottish Parliament a report in relation to that year.

(2) But subsection (1) does not apply in relation to a year if—

(a) it is the final year of a period covered by a Scottish carbon budget,

(b) it has been reported on under section 33, or

(c) it is a year that is—

(i) earlier than the first year to be reported on under section 33, or

(ii) later than the net-zero emissions target year.

(3) The report must be laid before the Parliament as soon as reasonably practicable after the information to be contained in the report becomes available.

(4) The report—

(a) must state—

(i) the percentage by which the net Scottish emissions account for the year is lower than the baseline, and

(ii) the information mentioned in section 34(1), read subject to the modification that references to each year, and the final year, covered by the report are to be read as references to the year covered by the report, and

(b) may contain such other information as the Scottish Ministers consider appropriate.

(5) The Scottish Ministers must use current international carbon reporting practice for the purposes of assessing and reporting on the matters mentioned in subsection (4).

(6) If the methods used to determine net Scottish emissions of greenhouse gases change and that change is such as to require adjustment of an amount for a year covered by a report under section 33 or a previous report under this section, the report must—

(a) specify the adjustment required and state the adjusted amount, and

(b) explain why the adjustment is required.

(7) An adjustment under subsection (6) must, in so far as practicable, be made in accordance with current international carbon reporting practice.]

Textual Amendments

F20 S. 34A inserted (23.11.2024) by Climate Change (Emissions Reduction Targets) (Scotland) Act 2024 (asp 15), ss. 2(17), 15