Climate Change (Emissions Reduction Targets) (Scotland) Act 2019 (asp 15)

Before section 1 of the 2009 Act (and the italic cross heading immediately preceding it), insert— (1) The Scottish Ministers must ensure that the net Scottish emissions account for the net-zero emissions target year is at least 100% lower than the baseline (the target is known as the “net-zero emissions target”). (2) The “net-zero emissions target year” is 2045. (3) The Scottish Ministers may by regulations modify subsection (2) so as to substitute for the year for the time being mentioned in that subsection— (a) an earlier year, or (b) a later year if— (i) that later year is consistent with the most up-to-date advice they have received from the relevant body, and (ii) that advice states that the later year is appropriate on the basis of either scientific knowledge about climate change or current international carbon reporting practice (or both). (4) In preparing a draft of regulations to be made under subsection (3), the Scottish Ministers must have regard to— (a) the target-setting criteria, and (b) the most up-to-date advice they have received from the relevant body. (5) As soon as reasonably practicable after laying for approval a draft of such regulations, the Scottish Ministers must publish a statement setting out— (a) their reasons for proposing to modify the net-zero emissions target year, (b) the extent to which the proposed net-zero emissions target year takes account of the target-setting criteria, and (c) whether the proposed net-zero emissions target year is consistent with the most up-to-date advice they have received from the relevant body and, if it is not, the reasons why. ” Commencement Information I1 S. 1 in force at 23.3.2020 by S.S.I. 2020/66 , reg. 2

(1) The Scottish Ministers must request advice from the relevant body at least once before the expiry of each relevant 5 year period. (2) A “ relevant 5 year period ” means a period of 5 years which begins with— (a) in the case of the first period, the date on which this section comes into force, and (b) in the case of a subsequent period, the date on which the previous request for advice was, or is treated as having been, made under subsection (1). (3) A request for advice under subsection (1) must request the relevant body's views as to— (a) whether the net-zero emissions target is achievable and, if so, what is the earliest achievable net-zero emissions target year (with views on both matters taking account of the target-setting criteria), (b) whether the percentage figure applying for the purposes of each interim target not yet reported on under section 33 is appropriate by reference to the target-setting criteria (and if not, advice as to any alternative percentage figure that would be appropriate), (c) whether the fair and safe Scottish emissions budget is appropriate, and request that, if not, the body makes a fresh recommendation for the purpose of the budget, (d) the estimated contribution of the net-zero emissions target and the interim targets towards global efforts to limit the global average temperature increase to 1.5°C above pre-industrial levels, (e) the extent to which each relevant target should be met by— (i) taking action to reduce net Scottish emissions of greenhouse gases, and (ii) the crediting of carbon units to the net Scottish emissions account in accordance with regulations under section 13(5), (f) the respective contributions towards meeting each relevant target that should be made by— (i) the sectors of the Scottish economy which are covered by trading schemes within the meaning of section 44 of the 2008 Act, and (ii) the other sectors of the Scottish economy, (g) the respective contributions towards meeting each relevant target that should be made by each of the sectors mentioned in section 35(3), (h) whether the multiplier to reflect the direct and indirect non-carbon dioxide climate change impacts of emissions at altitude from international aviation which applies for each greenhouse gas by virtue of section 16(3) is appropriate (and if not, advice as to any alternative multiplier that would be appropriate). (4) A “relevant target” is— (a) an annual target for a year within the period of 15 years beginning with the year immediately following the year in which a request is made under subsection (1), (b) an interim target for a year within that 15 year period, and (c) the net-zero emissions target, if the net-zero emissions target year is within that 15 year period. (5) A request for advice under subsection (1) may request the relevant body's views as to any other matter which the Scottish Ministers consider relevant for the purposes of this Part. ” . Commencement Information I6 S. 6 in force at 23.3.2020 by S.S.I. 2020/66 , reg. 2