Climate Change (Scotland) Act 2009

97 Subordinate legislation: pre-laying procedure S

(1) This section applies where the Scottish Ministers propose to lay before the Scottish Parliament a draft of a statutory instrument containing

[F1 (a) the first regulations under section 84 or 88 (other than a draft containing regulations mentioned in section 96(7)(c) or (d) to which section 96(5) applies)][F2 ; or

(b) regulations under section 13A(1) that propose an increase to any limit on the maximum amount of carbon units that may be credited to the net Scottish emissions account for a year.]

(2) The Scottish Ministers must, before doing so, lay before the Parliament—

(a) a copy of the proposed regulations;F3 ...

(b) a statement setting out their reasons for proposing to make those regulations[F4 ; and

(c) in the case of regulations mentioned in subsection (1)(b), a statement setting out whether the proposed limit is consistent with the most up-to-date advice they have received from the relevant body.]

(3) The Scottish Ministers must, when laying such a copy, specify a period (the “representation period”) during which representations on the proposed regulations may be made to them.

(4) The representation period must be at least 90 days, of which no fewer than 30 must be days on which the Parliament is not dissolved or in recess.

(5) The Scottish Ministers must, as soon as reasonably practicable after laying a copy of the proposed regulations, publicise them in such manner as they consider appropriate.

(6) The Scottish Ministers must, before laying the proposed regulations before the Parliament, have regard to—

(a) any representations on the proposed regulations made to them;

(b) any resolution relating to those regulations passed by the Parliament; and

(c) any report relating to those regulations published by any committee of the Parliament for the time being appointed by virtue of standing orders,

before the expiry of the representation period.

(7) The Scottish Ministers must, when laying such proposed regulations, lay a statement setting out—

(a) details of any representations, resolutions or reports mentioned in subsection (6);

(b) the changes (if any) they have made to the proposed regulations in response to such representations, resolutions or reports and the reasons for those changes[F5 ; and

(c) in the case of regulations mentioned in subsection (1)(b), whether the proposed limit is consistent with the most up-to-date advice they have received from the relevant body.]

(8) In this section, “proposed regulations” means a draft of a statutory instrument to which subsection (1) applies.

Textual Amendments

F1 Words in s. 97(1) renumbered as s. 97(1)(a) (23.3.2020) by Climate Change (Emissions Reduction Targets) (Scotland) Act 2019 (asp 15), ss. 15(3)(a)(i), 32(2); S.S.I. 2020/66, reg. 2

F2 S. 97(1)(b) and word inserted (23.3.2020) by Climate Change (Emissions Reduction Targets) (Scotland) Act 2019 (asp 15), ss. 15(3)(a)(ii), 32(2); S.S.I. 2020/66, reg. 2

F3 Word in s. 97(2) repealed (23.3.2020) by Climate Change (Emissions Reduction Targets) (Scotland) Act 2019 (asp 15), ss. 15(3)(b)(i), 32(2); S.S.I. 2020/66, reg. 2

F4 S. 97(2)(c) and word inserted (23.3.2020) by Climate Change (Emissions Reduction Targets) (Scotland) Act 2019 (asp 15), ss. 15(3)(b)(ii), 32(2); S.S.I. 2020/66, reg. 2

F5 S. 97(7)(c) and word inserted (23.3.2020) by Climate Change (Emissions Reduction Targets) (Scotland) Act 2019 (asp 15), ss. 15(3)(c), 32(2); S.S.I. 2020/66, reg. 2

Commencement Information

I1 S. 97 in force at 31.10.2009 by S.S.I. 2009/341, art. 2(2)(a)