Climate Change (Scotland) Act 2009

[F135AClimate change plan: further procedureS

This section has no associated Explanatory Notes

(1)The Scottish Ministers must, before laying a climate change plan under section 35 before the Scottish Parliament—

(a)lay a draft of the plan before the Parliament for a period of 120 days, of which no fewer than 60 must be days on which the Parliament is not dissolved or in recess, F2...

[F3(aa)request the views of such persons as they consider appropriate with—

(i)knowledge of international law or policy relating to climate change,

(ii)scientific knowledge about climate change,

(iii)technical knowledge of climate change, and]

(b)have regard to—

(i)any representations on the draft plan made to them,

(ii)any views on the draft plan set out by the relevant body in a report under section 9(1)(d),

[F4(iia)any views on the draft plan set out by a person whose views were requested in accordance with paragraph (aa),]

(iii)any resolution relating to the draft plan passed by the Parliament, and

(iv)any report relating to the draft plan published by any committee of the Parliament for the time being appointed by virtue of standing orders.

[F5(1A)The Scottish Ministers must publish a response to any—

(a)resolution of a kind mentioned in sub-paragraph (iii) of subsection (1)(b), or

(b)report of a kind mentioned in sub-paragraph (iv) of that provision,

within 3 months of the resolution being passed or (as the case may be) the report being published.

(1B)The duty under subsection (1A) may be fulfilled by laying a statement before the Parliament in accordance with subsection (2) that addresses the resolution or report in question.]

(2)The Scottish Ministers must, when laying a climate change plan under section 35 before the Parliament, lay a statement setting out—

(a)details of any representations, views, resolutions or reports mentioned in subsection (1)(b),

(b)the changes (if any) they have made to the plan in response to such representations, views, resolutions or reports and the reasons for those changes.]

Textual Amendments

F1Ss. 35-35C and cross-heading substituted for s. 35 (23.3.2020) by Climate Change (Emissions Reduction Targets) (Scotland) Act 2019 (asp 15), ss. 24(1), 32(2); S.S.I. 2020/66, reg. 2