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

2 Replacement of annual and interim targets with budget targets

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

(2) Section 2, and the italic cross heading immediately preceding it, are repealed.

(3) Section 2A is repealed.

(4) In section 2C—

(a) in subsection (3)—

(i) for paragraph (b) substitute—

“(ab) whether each Scottish carbon budget for a period not yet reported on under section 33 is appropriate by reference to the target-setting criteria (and if not, advice as to any alternative budget for the period that would be appropriate),”,

(ii) in paragraph (d), for “interim” substitute “Scottish carbon budget”,

(b) in subsection (4), for paragraphs (a) and (b) substitute—

“(ab) a Scottish carbon budget target arising from a Scottish carbon budget for a period that falls wholly within the period of 15 years beginning with the year immediately following the year in which the request is made under subsection (1), and”.

(5) In section 2E—

(a) after subsection (3) insert—

“(3A) Subsection (3B) applies if the relevant body’s advice states that the Scottish carbon budget for a period not yet reported on under section 33 is not appropriate and that a different Scottish carbon budget for the period would be appropriate.

(3B) The Scottish Ministers must—

(a) within 3 months of receiving that advice publish a statement setting out how they intend to respond to that advice, and

(b) if they do not, within 12 months of receiving that advice, lay for approval a draft of regulations under section A4 to make the advised change to the Scottish carbon budget for the period, make a statement to the Scottish Parliament setting out the reasons for not doing so.”,

(b) subsections (4) and (5) are repealed.

(6) Section 3, and the italic cross heading immediately preceding it, are repealed.

(7) Section 3A is repealed.

(8) Section 3B is repealed.

(9) In section 3C—

(a) in subsection (1), for paragraphs (b) and (c) substitute—

“(ab) the Scottish carbon budgets,”,

(b) for subsection (3) substitute—

“(3) The Scottish Ministers must lay a copy of the list before the Scottish Parliament as soon as reasonably practicable after any change is made to it.”.

(10) In section 9(2)(d), for “that year” substitute “the period of the Scottish carbon budget for the period ending with the target year”.

(11) In section 13A—

(a) in subsection (1), for “year” substitute “given period”,

(b) in subsection (2)—

(i) for “target year” substitute “period”,

(ii) for “that year” substitute “that period”,

(c) after subsection (2) insert—

“(2A) The planned reduction in the net Scottish emissions account for a period covered by a Scottish carbon budget is the difference between the following amounts, both being determined immediately before the regulations under subsection (1) are made—

(a) the Scottish carbon budget for the period, and

(b) the Scottish carbon budget for the immediately preceding period.

(2B) In order for the planned reduction in the net Scottish emissions account to be calculated for the first period to be covered by a Scottish carbon budget, the Scottish Ministers are by regulations to prescribe a notional Scottish carbon budget for the 5 years immediately preceding the first period to be covered by a Scottish carbon budget.

(2C) Subsections (4) and (5) of section A4 apply in relation to regulations under subsection (2B) of this section as they do in relation to regulations under that section.”,

(d) in subsection (3)—

(i) in the opening words, for “a target year” substitute “a year that does not fall within a period covered by a Scottish carbon budget”,

(ii) in paragraph (a), the word “target”, where it appears immediately before “year”, is repealed,

(e) after subsection (3) insert—

“(3A) In subsection (3), “emissions reduction target”, in relation to a year, means the annual target under section 3 or (as the case may be) the interim target under section 2 that applied in respect of the year immediately before the section was repealed.”,

(f) in subsection (4), in the opening words, for “a year” substitute “a period”.

(12) In section 17(3), for “section 33” substitute “sections 33 and 34A”.

(13) In section 18(2), for “section 33” substitute “sections 33 and 34A”.

(14) In section 24(3)(a), for “2(1)” substitute “ A3”.

(15) In section 33—

(a) for subsections (1) and (2) substitute—

“(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.

(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.”,

(b) in subsection (3), for “subsection (2)” substitute “subsections (2) and (2A)”.

(16) In section 34—

(a) in subsection (1)—

(i) in each of the following provisions, for “the year” substitute “each year”—

(A) paragraph (a)(ii), (iii) and (iv),

(B) paragraph (b)(i), (ii), (iii) and (iv),

(C) paragraph (c)(i) and (ii),

(ii) in paragraph (c)(iii)—

(A) before “year” insert “final”,

(B) the word “target” is repealed,

(iii) in paragraph (d), for “target year preceding the” substitute “year between 2010 and the final”,

(iv) in paragraph (e), before “year” insert “final”,

(b) in subsection (3), for “an earlier target year” substitute “a year covered by a previous report under section 33 or 34A”.

(17) After section 34 insert—

“34A Annual report on emissions reduction

(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.”.

(18) In section 35(4)(b), for the words from “the same year” to “emissions” substitute “a”.

(19) The title of section 36 becomes “Reports on proposals and policies where emissions reduction targets not met”.

(20) In section 42—

(a) for subsection (1A) substitute—

“(1A) If—

(a) the year covered by the report is a target year, and

(b) the emissions reduction target for that year has not been met,

the statement under subsection (1)(b) must explain why.”,

(b) in subsection (2), after paragraph (a) insert—

“(ab) section 34A(1) (annual report on emissions reduction);”,

(c) in subsection (3), after “33” insert “or 34A”.

(21) In section 57(3)(a), for “1, 2(1) or 3(1)(b)” substitute “A1 or A3”.

(22) In section 96(7)(aa), for “year” substitute “period”.

(23) In section 97(1)(b), for “year” substitute “period”.

(24) In section 98—

(a) the definition of “annual target” is repealed,

(b) in the definition of “emissions reduction target”, for paragraphs (a) and (b) substitute—

“(ab)

a Scottish carbon budget target (and references to meeting such a target are to be construed in accordance with section A2(4)), or”,

(c) the definition of “interim target” is repealed,

(d) after the definition of “renewable sources” insert—

• ““Scottish carbon budget” has the meaning given by section A2(1),

• “Scottish carbon budget target” has the meaning given by section A2(3),”,

(e) for the definition of “target year” substitute—

• ““target year” means—

  (a)

  the final year of a period for which a Scottish carbon budget is set,

  (b)

  the net-zero emissions target year,”.