Climate change duties: statutory guidance for public bodies

Executive Summary

This statutory guidance is issued by the Scottish Ministers to Scottish public bodies under the Climate Change (Scotland) Act 2009 (‘the 2009 Act’).

The 2009 Act requires relevant public bodies in Scotland to meet the climate change duties. The duties are set out in section 44(1) of the 2009 Act and require that a public body must, in exercising its functions, act –

a. in the way best calculated to contribute to the delivery of emissions reduction targets (i.e. mitigation. In the context of the duties, ‘targets’ means both the five-yearly carbon budgets and the final 2045 target)

b. in the way best calculated to help deliver the Scottish National Adaptation Plan

c. in a way that it considers most sustainable

Under the 2009 Act, public bodies subject to the climate change duties are required to have regard to the statutory guidance. This guidance is an advisory document only. Responsibility for compliance with the climate change duties rests with public bodies themselves.

The purpose of this statutory guidance is to support public bodies in performing their climate change duties. It aims to help public bodies to minimise their operational emissions, adapt and become resilient to the current and future impacts of the changing climate, live within environmental limits and ensure a strong, healthy and just society.

Actions set out in this guidance should be undertaken in a way that is proportionate to each body’s size, assets, functions and influence (see section 1.2).

The public sector has a critical role in helping Scotland to reduce greenhouse gas (GHG) emissions, make a just transition to a low-carbon economy and prepare for the future climate. Public bodies have an important leadership role to play as corporate organisations with estates, fleet and staff; in delivering national, regional and local services; as anchor organisations; as bodies with significant collective annual budgets and buying power; as partner organisations and as trusted messengers.

Leadership and Governance

Strong leadership, governance and accountability are essential to effective delivery of the climate change duties. This includes making a clear and public organisational commitment to climate action, embedding responsibility and oversight at senior and board level, and ensuring climate change and sustainability are reflected in learning and development across the organisation.

Practical guidance on leadership, governance and mainstreaming is provided in Chapter 4.

Implementing the first duty: reducing emissions

This guidance provides practical support on implementing the mitigation duty. To help demonstrate compliance with this duty, bodies should develop appropriate strategies, plans, targets and reporting arrangements (see Chapter 5). Consideration should be given to physical assets including buildings, land and fleet; staff and service users; service delivery; and the functions the body exercises.

Key expectations and outcomes for implementing the mitigation duty are also set out in Chapter 5.

Implementing the second duty: adaptation

This guidance sets out how public bodies can implement the adaptation duty and contribute to the delivery of the Scottish National Adaptation Plan (see Chapter 6). Key to this is assessment and effective management of climate change related risks, to ensure that bodies are resilient to the impacts of the current and future climate. Partnership working will be vital to developing and implementing place based adaptation action.

Implementing the third duty: acting in the most sustainable way

Guidance on embedding sustainability in decision making and aligning with the National Performance Framework is provided in Chapter 7. Integrating sustainability impact assessment into decision-making processes will help bodies demonstrate compliance with the third duty.

Reporting

Statutory and non-statutory reporting requirements are explained in Chapter 8.

Emissions reporting by public bodies has, to date, focused primarily on scope 1 and 2 emissions from heating buildings, grid electricity and operation of vehicle fleets. Moving forwards, it is important that bodies start to measure, monitor and reduce indirect emissions from the wider value chain (scope 3 emissions), for example emissions from travel, purchased goods and services, and construction.