Climate Change (Scotland) Act 2009

Valid from 31/10/2009

4 Setting annual targets S

(1) The Scottish Ministers must, by order, set the annual targets for each year in the periods mentioned in paragraphs (a) to (g) of subsection (2).

(2) The Scottish Ministers must set the annual targets for each year—

(a) in the period 2010–2022, no later than 1 June 2010;

(b) in the period 2023–2027, no later than 31 October 2011;

(c) in the period 2028–2032, no later than 31 October 2016;

(d) in the period 2033–2037, no later than 31 October 2021;

(e) in the period 2038–2042, no later than 31 October 2026;

(f) in the period 2043–2047, no later than 31 October 2031;

(g) in the period 2048–2050, no later than 31 October 2036.

(3) The Scottish Ministers must, when setting annual targets, have regard to any advice they receive from the relevant body as to the cumulative amount of net Scottish emissions for the period 2010–2050 that is consistent with a reduction over that period of net Scottish emissions accounts which would allow the 2050 target to be met.

(4) The Scottish Ministers must, when setting annual targets, also have regard to the following matters (the “target-setting criteria”)—

(a) the objective of not exceeding the fair and safe Scottish emissions budget;

(b) scientific knowledge about climate change;

(c) technology relevant to climate change;

(d) economic circumstances, in particular the likely impact of the target on—

(i) the Scottish economy;

(ii) the competitiveness of particular sectors of the Scottish economy;

(iii) small and medium-sized enterprises;

(iv) jobs and employment opportunities;

(e) fiscal circumstances, in particular the likely impact of the target on taxation, public spending and public borrowing;

(f) social circumstances, in particular the likely impact of the target on those living in poorer or deprived communities;

(g) the likely impact of the target on those living in remote rural communities and island communities;

(h) energy policy, in particular the likely impact of the target on energy supplies, the renewable energy sector and the carbon and energy intensity of the Scottish economy;

(i) environmental considerations and, in particular, the likely impact of the targets on biodiversity;

(j) European and international law and policy relating to climate change.

(5) If annual targets for a period are not set by the corresponding date mentioned in paragraphs (a) to (g) of subsection (2), the Scottish Ministers must set the annual targets as soon as reasonably practicable afterwards.

(6) In this Act, the “fair and safe Scottish emissions budget” is the aggregate amount of net Scottish emissions for the period 2010–2050 recommended by the relevant body as being consistent with Scotland contributing appropriately to stabilisation of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system.