Legislation deals with the mitigation of climate change emissions and adaptation to the changing climate.
The Climate Change (Scotland) Act 2009: The Public Bodies Climate Change Duties, established by the Climate Change (Scotland) Act 2009 requires that Public Bodies, as listed in schedule 2 of Freedom of Information (Scotland) Act 2002 exercise their functions: 'In a way best calculated to contribute to delivery of the Act’s emissions reduction targets; to deliver any statutory adaptation programme; and in a way that it considers most sustainable.'
In line with the Climate Change (Duties of Public Bodies: Reporting Requirements) (Scotland) Order 2015, those public bodies listed in Schedule 1 of the Climate Change (Scotland) Act 2009 are required to report annually to Scottish Ministers on how their procurement policies and activities contribute to compliance with climate change duties.
The Climate Change (Duties of Public Bodies: Reporting Requirements) (Scotland) Amendment Order 2020 strengthens the above requirements by requiring public bodies to report on, where applicable:
The Climate Change (Emissions Reduction Targets) (Scotland) Act 2024 established the framework for reliable and consistent carbon budgets, towards the target of 2045 for the achievement of Net Zero emissions. The Carbon Budgets set out in Scotland’s Climate Change Plan: 2026–2040 propose five-year, statutory limits on emissions from 2026 to 2045.
The Circular Economy (Scotland) 2024 Act mandates a sustainable, resource-efficient economy to boost resilience, reduce waste, and meet net-zero targets. Relevant circular approaches can support this.
The Procurement Reform (Scotland) Act 2014 requires that before a contracting authority buys anything, it must think how it can improve the social, environmental and economic wellbeing of the area in which it operates, with a particular focus on reducing inequality. The Act also requires obligated bodies to develop a Corporate Procurement Strategy and report against its delivery annually. This highlights the need to monitor and report delivery of climate change and other outcomes.
SPPN 3/2022 ‘Taking account of climate and circular economy considerations in public procurement’ clarifies expectations with respect to climate and circular economy considerations, highlighting that public bodies should use public procurement spend to support such ambitions.
Buyers should also consider prevailing standards and guidance, which include planning for known or anticipated changes in climate. For examples see Annex 2.
