Climate Change Act

The Climate Change (Scotland) Bill received Royal Assent on 04

August 2009. The Act will act as the principal Climate Change

framework in Scotland from which further, more specific regulations

will be made relating to renewable energy, forestry, energy

efficiency and waste, amongst others. The Act, has attracted a

great deal of comment, including the following observations:

It does not make provision for Ministerial accountability in

the event of targets not being achieved;

The targets up to 2020 are too relaxed and could result in

progress towards the 2030 and 2050 targets slipping;

Progress towards the 2020 targets has already slipped

significantly and catching up will present a considerable

challenge; and

There is no limit on the proportion of Scotland's emissions

reductions that can be achieved through purchasing international

carbon credits.

It might be that future amendments and sets of regulations will

address some of these concerns.

The provisions of the Act can be expected to have effects

ranging from the small-scale (e.g. being charged for carrier bags)

to the large-scale (e.g. climate change adaptation projects and

renewable energy and heat projects).

The Act is split into six parts:

Part 1 – The Targets

Part 2 – Scottish Climate Change Committee

Part 3 – Reporting Duties

Part 4 – Duties of Public Bodies

Part 5 – Other Climate Change Provisions

Part 6 – General and Miscellaneous

Part 1 – The Targets

The first part of the Act sets out the "black and

white" emissions reduction targets. These are as follows:

A long-term target of ensuring Scottish Emissions of greenhouse

gases in 2050 are at least 80% lower than the baseline.

An interim target of ensuring Scottish Emissions of greenhouse

gases in 2030 are at least 50% lower than the baseline.

Annual targets of ensuring that maximum emissions of greenhouse

gases for the period 2010-2022 (to be set no late than 01 June

2010) and for subsequent five-year periods are not exceeded. The

subsequent periods are; 2023-2027; 2028-2032, etc (the targets for

each to be set no later than 31 October in 12th year before the

beginning of the period in question i.e. the 2023 target must be

set by 31 October 2011); From 2020, each annual target must be at

least 3% lower than the previous one.

"Greenhouse Gases" refers to six gases –

carbon dioxide, methane, nitrous oxide, hydrofluorocarbons,

perfluorocarbons and sulphur hexafluoride. These are the same gases

referred to in the Kyoto Protocol.

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