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Secondary Legislation

The following pieces of secondary legislation have been made under the Climate Change (Scotland) Act 2009:

The Climate Change (Scotland) Act 2009 (Commencement No. 1) Order 2009
This Order specifies the dates on which the various provisions in the Act come into force.

The Carbon Accounting Scheme (Scotland) Regulations 2010
These Regulations establish the scheme for monitoring compliance with the annual emissions reduction targets set for 2010-2012. They also cover a range of administrative issues relating to emissions accounting, including specifying the circumstances in which carbon units may be credited to or debited from the net Scottish emissions account.

The Climate Change (Limit on Carbon Units) (Scotland) Order 2010
This Order places a limit of zero on the amount of carbon units that may be credited to the net Scottish emissions account for the period 2010-2012. It also specifies that certain carbon units associated with the EU Emissions Trading System do not count towards that limit.

The Climate Change (International Aviation and Shipping) (Scotland) Order 2010This Order describes the method by which emissions of greenhouse gases from international aviation and international shipping that are attributable to Scotland are calculated.

The Climate Change (Annual Targets) (Scotland) Order 2010
This Order sets the first batch of annual emissions reduction targets, for the period 2010-2022.

The Waste Information (Scotland) Regulations 2010
These Regulations introduce a statutory obligation on bodies which produce or manage waste, to provide the Scottish Environmental Protection Agency with waste data that is requested by them during surveys. The Regulations do not cover householders and the waste they produce.

The Climate Change (Annual Targets) (Scotland) Order 2011
This Order sets the second batch of annual emissions reduction targets, for the period 2023-2027.

The Climate Change (Limit on Carbon Units) (Scotland) Order 2011This Order places a limit on the amount of carbon units that may be credited to the net Scottish emissions account for the period 2013-2017. It also specifies that certain carbon units associated with the EU Emissions Trading System do not count towards that limit.

Supporting information and Parliamentary consideration

Prior to making some of the pieces of the secondary legislation listed above, the Act required that the Scottish Ministers request advice from the Committee on Climate Change (CCC) on a range of issues, including: the highest available target for 2020; the levels at which annual targets should be set; the appropriate limit on use of carbon units; and the methodology for inclusion of Scotland's share of international aviation and international shipping emissions.

The following documents were published in May 2010 to assist the Scottish Parliament in its consideration of the secondary legislation regarding the first batch of annual targets, carbon unit limit, international aviation and shipping emissions and carbon accounting:

a synopsis of the responses to theInternational Aviation and International Shipping: Technical Consultation which informed the relevant regulation.

a document summarising key climate change related publications and announcements since publication of the Climate Change Delivery Plan in June 2009.

a document which sets out information on the objectives of subgroups of the 2020 Climate Group.

A cross-party Short-Life Working Group was convened to provide additional consideration of the 2010-2022 annual targets Order. The Working Group met four times Between June and September 2010. The papers considered by the Working Group include advice from the CCC on the anticipated effect of economic recession.