The Climate Change (Scotland) Act 2009 received Royal Assent on 4 August 2009, following a comprehensive period of Parliamentary scrutiny and amendment during the Bill process. On June 24, 2009 the Bill was passed unanimously by members of the Scottish Parliament.

What is the 2009 Climate Change Act about?

The Act is a key commitment of the Scottish Government and the most far-reaching environmental legislation considered by the Parliament during the first ten years of devolution. It comprises six parts aimed at reducing greenhouse gas emissions and transitioning to a low-carbon economy.

The six parts of the 2009 Act

Part 1 of the Act creates the statutory framework for greenhouse gas emissions reductions in Scotland by setting an interim 42% reduction target for 2020 and an 80% reduction target for 2050. To help ensure the delivery of these targets, this part of the Act also requires that the Scottish Ministers set annual targets, in secondary legislation, for Scottish emissions from 2010 to 2050.

The Scottish Ministers will take advice on the targets they set. In the first instance, this advice will be provided by the UK Committee on Climate Change.

Part 2 of the Act contains provisions that will allow the Scottish Ministers to establish a Scottish Committee on Climate Change or designate an existing body to exercise advisory functions if they decide this is appropriate.

Part 3 places duties on the Scottish Ministers, requiring that they report regularly to the Scottish Parliament on Scotland's emissions and the progress made towards meeting the emissions reduction targets set in the Act.

Part 4 places climate change duties on Scottish public bodies. This Part also contains powers to enable the Scottish Ministers, by order, to impose further duties on public bodies regarding climate change.

Part 5 Other provisions on climate change in Part 5 include adaptation, forestry, energy efficiency and waste reduction.

Part 6 Public engagement is a significant feature of Part 6 of the Act, which includes a carbon assessment provision.

The Climate Change (Scotland) Act 2009 Non-domestic EPC provisions

Section 63 requires the Scottish Ministers to make regulations providing for the assessment of (a) the energy performance of non-domestic buildings, (b) emissions of greenhouse gases produced by or associated with such buildings or with activities carried out in such buildings, and to make regulations requiring owners of such buildings to take steps to improve the energy performance of buildings and to reduce emissions.

Energy Efficiency and Non-domestic Rates

Section 67 amends section 153 of the Local Government Etc. (Scotland) Act 1994 by amending the power of the Scottish Ministers to make regulations prescribing the amount of non-domestic rates so that the amount payable for properties which fall into specific categories determined by energy efficiency and greenhouse gas emissions may be lower than the amount payable for other properties.