Part 1Emissions reduction targets
Annual targets
5Advice before setting annual targets
1
The Scottish Ministers must, before laying a draft of a statutory instrument containing an order under section 4(1) before the Scottish Parliament, request advice from the relevant body.
2
The request for advice must include requests for the relevant body’s views—
a
in the case of annual targets proposed for years in the period 2010–2020, as to whether those targets are consistent with a reduction over that period of net Scottish emissions accounts which would allow the interim target and the 2050 target to be met;
b
in the case of annual targets proposed for years in the period 2021–2050, as to whether those targets are consistent with a reduction over that period of net Scottish emissions accounts which would allow the 2050 target to be met;
c
in any case—
i
as to what annual targets are appropriate by reference to the target-setting criteria;
ii
as to the extent to which the annual targets should be met—
A
by taking action to reduce net Scottish emissions;
B
by the use of carbon units that in accordance with section 13(2) and regulations under section 13(5) may be credited to the net Scottish emissions account;
iii
as to the respective contributions towards meeting the annual targets and the domestic effort target that should be made—
A
by the traded sector of the Scottish economy;
B
by the other sectors of the Scottish economy;
iv
as to the respective contributions towards meeting the annual targets and the domestic effort target that should be made by—
A
energy efficiency;
B
energy generation;
C
land use;
D
transport.
3
The Scottish Ministers must publish the advice requested under subsection (1) as soon as reasonably practicable after they receive it.
4
As soon as reasonably practicable after laying such a draft, the Scottish Ministers must publish a statement setting out in respect of the annual targets set by the order—
a
the reasons for setting those annual targets at those levels;
b
the extent to which those targets take account of the target-setting criteria.
5
If the order under section 4(1) makes provision different from that recommended by the relevant body, the Scottish Ministers must publish a statement setting out the reasons why.
6
Advice requested under subsection (1) or a statement under subsection (4) or (5) may be published in such manner as the Scottish Ministers consider appropriate.
7
In this Part, the “relevant body” means—
a
where no order has been made under section 24(1) designating a person or body as the advisory body, the UK Committee on Climate Change; or
b
where such an order has been made, the advisory body.
8
In subsection (7)(a), the “UK Committee on Climate Change” means the Committee on Climate Change established under section 32 of the Climate Change Act 2008 (c. 27) (the “2008 Act”).
9
In this section, “traded sector” means the sectors of the Scottish economy which are covered by trading schemes within the meaning of section 44 of the 2008 Act.