Climate Change (Emissions Reduction Targets) (Scotland) Act 2024

1 Scottish carbon budgets S

(1) The Climate Change (Scotland) Act 2009 is modified as follows.

(2) After section A1 insert—

“Scottish carbon budgets S

A2 Scottish carbon budgets and associated concepts

(1) A Scottish carbon budget is the number of tonnes of carbon dioxide equivalent prescribed for a given period.

(2) The Scottish carbon budget for a period is exceeded if the net Scottish emissions account for the period exceeds the number of tonnes of carbon dioxide equivalent prescribed for the period.

(3) Not exceeding a Scottish carbon budget is referred to in this Act as a “Scottish carbon budget target”.

(4) Where this Act refers to an emissions reduction target for a year, the reference is to be construed in the context of a Scottish carbon budget target as follows—

(a) the year in question is the final year of the period covered by the Scottish carbon budget giving rise to the target, and

(b) the target for the year is met if that budget has not been exceeded.

(5) In this section, “prescribed” means prescribed by virtue of regulations under section A4.

A3 Duty of Scottish Ministers in relation to budgets

The Scottish Ministers must ensure that each Scottish carbon budget target is met.

A4 Budget-setting regulations

(1) The Scottish Ministers must, by regulations, set Scottish carbon budgets so that every year between 2026 and the net-zero emissions target year is covered by a budget.

(2) A budget for a period—

(a) may be set by expressing the prescribed number of tonnes of carbon dioxide equivalent for the period either as a figure or as a method for calculating a figure, and

(b) may, in particular, be set by expressing the number as a proportion of the baseline multiplied by the number of years comprising the period.

(3) The period covered by a Scottish carbon budget—

(a) is to be 5 years (for example 2026 to 2030), but

(b) may be shorter in the case of the budget for the period that ends with the net-zero emissions target year.

(4) In preparing a draft of regulations to be made under this section, the Scottish Ministers must—

(a) have regard to the target-setting criteria, and

(b) take into account the most up-to-date advice they have received from the relevant body.

(5) On the same day as laying before the Scottish Parliament for approval a draft of regulations under this section, the Scottish Ministers must publish a statement setting out in respect of each Scottish carbon budget that would be set by the regulations—

(a) the extent to which the proposed budget takes account of the target-setting criteria, and

(b) whether the proposed budget is in accordance with the most up-to-date advice the Ministers have received from the relevant body and, if it is not, the reasons why.

(6) A statement under subsection (5) must also set out, in indicative terms, the proposals and policies in relation to each of the sectors mentioned in section 35(3) which are likely (if the regulations are approved) to be set out in the next climate change plan due to be laid before the Scottish Parliament under section 35(1).

(7) A statement under subsection (5) must also state whether the Scottish Ministers expect that, during the period covered by a Scottish carbon budget that would be set by the regulations, the net Scottish emissions account for a year will, for the first time since this section came into force, be—

(a) 75% lower than the baseline,

(b) 90% lower than the baseline.

A5 Alteration of budget periods

(1) The Scottish Ministers may by regulations modify section A4(3) so as to alter the length of the periods to be covered by Scottish carbon budgets.

(2) The power under this section may be exercised only if it appears to the Scottish Ministers necessary to do so in order to keep the periods covered by Scottish carbon budgets in line with similar periods under any international agreement to which the United Kingdom is a party.

(3) Before laying before the Scottish Parliament for approval a draft of regulations under this section, the Scottish Ministers must consult the relevant body.”.

(3) In section 97(1), before paragraph (a) insert—

“(za) regulations, other than the first regulations, under section A4;”.

Commencement Information

I1 S. 1 in force at 23.11.2024, see s. 15