The Climate Change (Additional Greenhouse Gas) (Scotland) Order 2015, No. 197 (as amended)

The purpose of the Order is to update Scotland’s statutory climate‑change framework by adding nitrogen trifluoride (NF₃) to the list of greenhouse gases covered by the Climate Change (Scotland) Act 2009. NF₃ is a high‑global‑warming‑potential gas recognised internationally as contributing to climate change.

The Order also establishes 1995 as the baseline year for NF₃ emissions. This ensures that Scotland’s emissions‑reduction targets and progress assessments reflect all significant greenhouse gases recognised in international greenhouse‑gas accounting.

The intention is to strengthen the integrity, completeness and international consistency of Scotland’s climate‑change reporting and target‑setting framework.

Key requirements

Although the Order does not create operational duties for organisations, it introduces two important statutory requirements:

1. Addition of nitrogen trifluoride to Scotland’s greenhouse‑gas list

NF₃ becomes part of the list of gases included in:

• national emissions inventories,
• annual and long‑term climate‑change target calculations, and
• statutory reporting under the Climate Change (Scotland) Act 2009.

This ensures NF₃ is fully integrated into Scotland’s emissions‑reduction framework.

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2. Setting the baseline year for NF₃ emissions

The baseline year for NF₃ is fixed at 1995.
This baseline is used when calculating percentage emissions reductions overtime and determining whether Scotland is meeting its statutory climate targets.

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3. Requirement to seek expert advice

Before making the Order, Scottish Ministers were required to seek the advice of the Committee on Climate Change, which confirmed the appropriateness of adding NF₃and designating 1995 as the baseline year.

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4. No additional burdens

The Order does not impose new regulatory, financial or reporting burdens on businesses, charities or the voluntary sector. It is an amendment to national climate‑accounting rules rather than an operational regulation.

Who the legislation applies to

The legislation primarily applies to:

• Scottish Ministers, who must incorporate NF₃ into national emissions accounting and ensure all statutory reporting and target assessments include it.
• Public bodies, where they have climate‑change duties requiring alignment with national emissions‑accounting standards.
• National emissions‑inventory compilers, who must include NF₃ in Scotland’s official greenhouse‑gas reporting.

The Order does not directly apply to private businesses, industries or individuals, as it does not impose emissions‑reporting or monitoring duties on them.

UK countries and regions where it applies

This legislation applies only in Scotland.

It amends the Climate Change(Scotland) Act 2009, which is devolved legislation.
It does not apply in:

• England
• Wales
• Northern Ireland

Each of those nations has its own climate‑change framework and rules for greenhouse‑gas accounting.

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The Order is a short, technical amendment to the Climate Change (Scotland) Act 2009. It adds nitrogen trifluoride (NF₃) to Scotland’s list of targeted greenhouse gases and sets 1995 as the baseline year for NF₃ emissions. Because of this, the Order does not impose evidence‑keepingduties on businesses or other organisations. All evidence obligations rest with Scottish Ministers and the bodies responsible for national emissions accounting.

The following evidencerequirements apply.

1. Evidence supporting theinclusion of NF₃

Scottish Ministers must keep evidence that:

• NF₃ is recognised internationally as a greenhouse gas.
• Its addition aligns with international climate‑reporting frameworks.
• Expert advice from the Committee on Climate Change was requested and considered before the Order was made.

This demonstrates that statutory criteria for modifying the greenhouse‑gas list were met.

2. Evidence supporting thebaseline year

Ministers must retain evidenceshowing:

• Why 1995 is the correct baseline year for NF₃.
• That this baseline aligns with international inventory practices.
• That the choice was supported by the Committee on Climate Change.

This supports consistent and defensible climate‑accounting.

3. National greenhouse‑gas inventory evidence

Because NF₃ is now part of Scotland’s emissions framework, inventory compilers must hold:

• Annual NF₃ emissions data, including calculations or estimates.
• Details of methodologies and assumptions used.
• Records showing alignment with recognised reporting standards.

These records ensure that NF₃ is included within Scotland’s national emissions totals.

4. Evidence for statutoryclimate‑change reporting

Scottish Ministers must maintainevidence demonstrating:

• How     NF₃     is integrated into annual climate‑change reports.
• The     role of NF₃ in calculating progress against Scotland’s statutory climate targets.
• Data     sets and supporting calculations forming the basis of the net Scottish     emissions account.

This ensures transparency andpublic accountability.

5. Evidence of procedural compliance

The process of making the Order requires evidence that:

• Ministers sought advice from the Committee on Climate Change.
• The Order followed the required parliamentary approval process.
• Statutory conditions for modifying the greenhouse‑gas list were fulfilled.

These procedural records confirm that the amendment was made lawfully.

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