Public Bodies Climate Change Duties - Proposed Updated Draft Guidance
Renfrewshire Council · 20 May 2025
Back to Planning and Climate Change Policy Board — 20 May 2025 and its agenda
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___________________________________________________________________ To: Planning and Climate Change Policy Board On: 20 May 2025 ___________________________________________________________________ Report by: Director of Environment, Housing and Infrastructure ___________________________________________________________________ Heading: Public Bodies Climate Change Duties: Proposed Updated Draft Guidance ___________________________________________________________________ 1. Summary 1.1 Public Bodies Climate Change Reporting Duties place a legal requirement on public bodies to set target dates for emission reductions; report on how spending and resource will contribute to these targets; and contribution to Scotland’s Climate Change Adaptation Programme. 1.2 Scottish Ministers are required to provide public bodies with guidance, to support them in putting their climate change duties into practice. Statutory guidance for public bodies was originally published in 2011 and requires to be updated in line with related legislation and increased knowledge around carbon reporting. 1.3 There is currently a live public consultation regarding proposed updated draft statutory guidance, which focuses on how public bodies should approach putting climate change duties into practice, including importance of leadership and governance. A response to the consultation will be submitted on Renfrewshire Council’s behalf prior to the closing date of 23 May 2025. 1.4 This paper outlines the proposed recommendations within the draft statutory guidance for each of the climate change duties that public bodies must comply with - setting out Renfrewshire Council’s current position, including areas that the Council is already fully compliant and work areas already being progressed within the Council that would demonstrate compliance for any proposed future changes. 2. Recommendations It is recommended that the Planning and Climate Change Policy Board:
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2.1 Note that this report provides a summary of the draft statutory guidance for Public Bodies Climate Change Duties; and 2.2 Note the alignment with Renfrewshire’s Plan for Net Zero and the areas already being strengthened ahead of any proposed changes in line with the draft statutory guidance. 2.3 Note the Council’s proposed position of being broadly supportive in response to the draft statutory guidance consultation. 3 Background 3.1 It is acknowledged that the public sector plays a vital role in enabling Scotland’s aim of a just transition to net zero and climate resilience. The Climate Change (Scotland) Act 2009 places statutory duties on relevant public bodies, known as the public bodies climate change duties. 3.2 The three climate change duties that public bodies must comply with relate to acting in a way that: is best calculated to contribute to the delivery of emissions reduction targets (also known as mitigation) is best calculated to help deliver Scotland’s Climate Change Adaptation Programme, and is considered most sustainable. 3.3 To comply with the requirements of the Climate Change (Duties of Public Bodies: Reporting Requirements) (Scotland) Order 2015 as amended by the Climate Change (Duties of Public Bodies: Reporting Requirements) (Scotland) Amendment Order 2020, Renfrewshire Council is required to prepare an Annual Report detailing progress in mitigation and adaptation to climate change. 3.4 Reporting year 2021-22 saw updates to the statutory reporting template as a result of the Climate Change (Duties of Public Bodies: Reporting Requirements) (Scotland) Amendment Order 2020, specifically new reporting requirements on: • emissions targets, and • how spend and resources are aligned with targets. 3.5 Scottish Ministers are required to provide public bodies with guidance, to support them in putting their climate change duties into practice. Statutory guidance for public bodies was originally published in 2011 and requires to be updated as, since then, related legislation in key areas including emission reduction targets and knowledge and methodologies around carbon reporting have moved forward significantly. 3.6 There is currently a consultation regarding proposed updated draft statutory guidance, which focuses on how public bodies should approach putting climate change duties into practice, including importance of leadership and governance. The guidance also has a focus on the importance of mainstreaming and embedding climate action and how to take climate change into account in decision making. The Council is broadly supportive of the draft guidance and plans to reflect this in
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response to the high-level questions contained within the consultation which closes on 23 May 2025. 3.7 In order to identify any potential implications for the Council, the proposed draft guidance and recommendations have been cross-referenced with Renfrewshire’s Plan for Net Zero and existing Council processes and activities as well as against new actions currently being undertaken, in order to benchmark and demonstrate compliance with the proposed new statutory obligations and identify areas that require to be strengthened. 3.8 As this paper highlights, Renfrewshire Council is already either fully compliant or is already addressing the key recommendations to demonstrate compliance within the draft statutory guidance ahead of time. Additional requirements proposed in the draft guidance had already largely been identified by Officers as areas that could be strengthened, based on best practice and development of improved processes and additional tools to support decision making and monitor and evaluate progress are already underway. 3.9 The additional requirements and action being taken by the Council are highlighted in the paper for consideration, setting out the alignment with the proposed statutory guidance ahead of time. 4. Updated Draft Statutory Guidance 4.1 Public bodies subject to the climate change duties are legally required to have regard to the statutory guidance. Dedicated chapters on each of the three climate change duties, as well as guidance on Leadership and Governance, highlight the key steps to demonstrate compliance for each within the draft guidance. Leadership and Governance 4.2 Public sector governance, leadership and commitment is vital to ensure climate targets and commitments are met at a local and national level. The table below sets out the steps to demonstrate compliance of the updated draft statutory guidance in relation to Leadership and Governance, with further detail on the Renfrewshire Council context in sections 4.3 to 4.4. LEADERSHIP & GOVERNANCE RENFREWSHIRE COUNCIL CONTEXT publishing a formal declared commitment to action on climate change ensuring climate change governance is integrated into the existing corporate governance approach embedding climate change into the management of risks and opportunities across the organisation reflecting climate action in the organisation’s corporate plans and annual reporting mechanisms ensuring that climate change considerations are mainstreamed across the organisation ALREADY IN PROGRESS
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ensuring that climate change systemically informs strategic investment planning and decision-making processes ALREADY IN PROGRESS ensure that taking effective climate action is a corporate priority, with commitment across the organisation actively seeking opportunities for partnership working with other public bodies embedding climate change and sustainable development within corporate learning and development programmes 4.3 Already Fully Compliant: Renfrewshire Council has strong climate related governance in place through the Climate Change Policy Board and the RenZero Oversight Group. Climate consideration is included within key Council policies and extensive engagement is undertaken with a range of stakeholders. 4.4 Areas in Progress: Although there is not currently a specific legal requirement for Councils to do so, Renfrewshire Council is currently developing processes and tools in relation to ensuring that climate change considerations are mainstreamed across the organisation and ensuring that climate change systemically informs strategic investment planning and decision-making processes - through carbon literacy training previously mentioned as well as the development and piloting of Climate Change Impact Assessments. The First Duty: Reducing Emissions (Climate Change Mitigation) 4.5 The table below sets out the steps to demonstrate compliance of the First Duty in the updated draft statutory guidance with further detail on the Renfrewshire Council context in sections 4.6 to 4.9. THE FIRST DUTY: REDUCING EMISSIONS RENFREWSHIRE COUNCIL CONTEXT develop a climate change strategy that includes net zero and other relevant targets and has regard to just transition principles develop and implement a carbon management plan or equivalent ALREADY IN PROGRESS develop action plans to deliver key elements of the carbon management plan, detailing interim steps, costs, timescales and dependencies ALREADY IN PROGRESS set up a process of monitoring and reporting, to report on performance against targets and action plans ALREADY IN PROGRESS ensure mitigation actions maximise co-benefits, e.g. improved public health, reduced inequalities and enhanced biodiversity, and minimise unintended consequences undertake the above giving due consideration to physical assets including buildings, land and fleet; staff and service users; and the services we deliver
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4.6 Already Fully Compliant: Renfrewshire Council has a climate change strategy with net zero targets, and a new carbon management plan is currently being developed. 4.7 Areas in Progress: The 3 areas which are in progress relate to the new Climate Change Plan template for Local Authorities that is proposed within the draft guidance. Within the Sustainability team, a new carbon management plan was already being developed with action plans sitting within that and monitoring and evaluation of progress. The Carbon Management Plan currently has a focus on Council emissions mainly (electricity, gas, water, fleet, waste, streetlighting and business miles). 4.8 The Climate Change Plan template in the draft guidance is more comprehensive than just the Council’s emissions. To ease resourcing pressures and for efficiencies, it is recommended for the future to incorporate our statutory requirements of the Climate Change Plan set out in the draft guidance into the Council’s Carbon Management Plan so there is one source of reporting, updating, etc. This would mean, if the guidance is accepted as it stands, the need to incorporate not just our own operational emissions, but also area-wide activities and emissions that may lie out- with our control, but that are within the Council’s sphere of influence. 4.9 All 32 Councils currently participate in the Scottish Climate Intelligence Service, which is a centralised data platform, tailored using data specifically for each local authority to understand, design, manage, prioritise and deliver action using a consistent methodology across organisational as well as area-wide emissions. The proposed Climate Change Plan template within the draft guidance aligns with the Scottish Climate Intelligence Service data and capabilities and will ensure consistent reporting across local authorities. The Second Duty: Adaptation 4.10 Public bodies have a duty to act in the best way calculated to help deliver the Scottish National Adaptation Plan. The table below sets out the steps to demonstrate compliance of the Second Duty in the updated draft statutory guidance with further detail on the Renfrewshire Council context in sections 4.11 to 4.14. THE SECOND DUTY: ADAPTATION RENFREWSHIRE COUNCIL CONTEXT undertake a climate related risk assessment or assessments ALREADY IN PROGRESS develop and implement an adaptation plan or plans with, as best practice, regard to just transition principles ALREADY IN PROGRESS ensure that appropriate climate risks are included on corporate risk registers note specific adaptation actions assigned in Scotland’s National Adaptation Plan (SNAP3) and align our work with these ALREADY IN PROGRESS actively seek to work in partnership with other organisations to develop and implement wider placed-based adaptation plans
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undertake the above giving due consideration to physical assets including buildings, land and fleet; staff and service users; and the services we deliver 4.11 Already Fully Compliant: As previously outlined, Renfrewshire Council are already compliant with regards to corporate risk registers, partnership opportunities and action around our assets, people and services. 4.12 Areas in Progress: One of the key actions within Renfrewshire’s Plan for Net Zero was to develop an Adaptation Plan for Renfrewshire. This is currently being developed and has a just transition, wellbeing and addressing inequalities at its core - with internal engagement and initial community engagement undertaken to date. It aims to develop adaptation solutions and implement a phased programme of priority actions that are designed to respond to and address the local impacts of climate change that are already happening, as well as prepare for future climate risks across the Renfrewshire area. 4.13 These actions will be centred around communities, security and resilience, infrastructure and our local environment. Data informed and data-led climate change risk assessments will be undertaken, but the draft statutory guidance also has a focus on lived experience and qualitative data that is harder to quantify. 4.14 When developing the Adaptation Plan it will align with relevant SNAP3 actions and indicators around nature, communities, public services, economies, industries and a just transition, including mainstreaming adaptation and embedding nature-based solutions when planning our local spaces. The Third Duty: Acting in the most sustainable way 4.15 The table below sets out the steps to demonstrate compliance of the Third Duty in the updated draft statutory guidance with further detail on the Renfrewshire Council context in sections 4.16 and 4.17. THE THIRD DUTY: ACTING IN THE MOST SUSTAINABLE WAY RENFREWSHIRE COUNCIL CONTEXT align their work to the National Performance Framework and delivery of the National Outcomes and, as best practice, to the just transition principles ensure that sustainable development is embedded in strategies, policies, plans and projects ALREADY IN PROGRESS integrate a sustainable development impact assessment, or equivalent, process into decision-making processes, including financial decisions ALREADY IN PROGRESS ensure that procurement activities are undertaken in line with relevant legislation and the Sustainable Procurement Duty monitor and evaluate policy implementation and outcomes against the five principles of the UK Shared Framework for Sustainable Development
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4.16 Already Fully Compliant: Scotland’s National Performance Framework is the overarching framework within which our work takes place, requiring us to align our work to the delivery of the national outcomes and just transition principles. The Council’s procurement activities are all undertaken in line with relevant legislation and Sustainable Procurement Duty. Renfrewshire Council doesn’t actively evaluate against the 5 principles of the Shared Framework for Sustainable Development, but we do apply all the principles: living within environmental limits; ensuring a strong, healthy and just society; achieving a sustainable economy; using sound science responsibly; and promoting good governance. 4.17 Areas in Progress: The use of Climate Change Impact Assessments will ensure that sustainable development is embedded in strategies, policies, plans and projects and can be incorporated into decision making. Reporting of Scope 3 Emissions 4.18 The final additional requirement for public bodies in the draft guidance relates to increased reporting of Scope 3 emissions. Currently Scope 1 and 2 emissions are mandatory, while Scope 3 are largely voluntary: Scope 1: sources controlled or owned by the Council, e.g. natural gas to heat our buildings, fuel in vehicles Scope 2: indirect emissions associated with the purchase of electricity Scope 3: are emissions we are indirectly responsible for as a result of our activities, but sources are not owned or controlled by us, e.g. business travel, waste collection and disposal, homeworking. 4.19 There are 15 categories of Scope 3 emissions – some we already report on as a Council; some categories which are not relevant for public bodies; and others that have huge complexities of methodology and accounting. Already it was expected that by 2027 local authorities would be reporting on additional Scope 3 emissions that were classed as Group 1, deemed to be “Practical and Feasible” – reasonably simple to collect data and report that would have a positive impact on monitoring and reducing emissions. This is the emissions outlined in the table below:
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AS A BASELINE, SCOPE 3 REPORTING EXPECTED TO INCLUDE GROUP 1 (PRACTICAL AND FEASIBLE) RENFREWSHIRE COUNCIL CONTEXT consumption of mains water waste and waste water business travel, including overnight stays PARTIALLY REPORT commuting and homeworking PARTIALLY REPORT fuel and energy-related emissions not included in scopes 1 and 2 4.20 Already Fully Compliant: Renfrewshire Council already include detail in annual Public Bodies Climate Change Duties reporting the consumption of mains water, waste and waste water and fuel and energy related activities not in scope 1 or 2. 4.21 Areas of Partial Reporting: Renfrewshire Council currently report annually on business miles, but don’t currently report on bus, train, plane travel or hotel stays. We will consider the means for collating this data and aim to ensure it is reported on moving forward. The Council currently report on homeworking – Scottish Government provide a formula to calculate this to ensure all local authorities are reporting consistently. The assumption is that a similar methodology would be provided for commuting, which we don’t currently report and which is more complex to calculate. 4.22 Renfrewshire Council have been working in collaboration with Scottish Government and the other local authorities to set out a practical approach with a balance between mandating reporting; what is technically feasible; and the value of data obtained and whether this adds value to the work undertaken to take action to reduce emissions. 4.23 This collaborative work is ongoing on Group 2 “Collaboration and Resource”. These categories are not as easy as Group 1 but produce significant amounts of carbon emissions Scope 3 emissions and so are equally important, but additional work is needed to set out standardised approaches and robust methodology. The key Group 2 category is Purchased Goods and Services. Currently the methodology is largely spend-based, which brings limitations - and advice states that this means it should not be used for target setting. The aim is to move to hybrid methodology combining spend-based with supplier specific data. This category is anticipated to have a significant impact due to levels of public sector spending. 4.24 The remaining Scope 3 categories (Group 3) were determined unlikely to be relevant to local authorities, but further research will be undertaken at a national level to confirm this.
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5. Implications of Draft Statutory Guidance 5.1 The Council Plan, approved actions within Renfrewshire’s Plan for Net Zero and the existing core Council priorities and processes already undertake actions which address the majority of the key recommendations to demonstrate compliance with the draft statutory guidance. 5.2 There are also additional areas that are already being progressed by the Council that will ensure processes are in place ahead of time, including development of an Adaptation Plan; piloting Climate Change Impact Assessments; development of a carbon budget; and development of action plans with metrics for monitoring and evaluation. Potential to strengthen these actions, such as incorporating the Climate Change Plan template set out in the statutory guidance into the Council’s Carbon Management Plan, have also been identified. 5.3 These identified improvements to internal processes alongside developing additional tools to support decision-making will help us in our goal of working towards net zero emissions in an open and transparent way as well as ensuring compliance with additional statutory requirements within public bodies duties. 5.4 Overall, due to the processes and work streams already in place, the implications for Renfrewshire Council with regards to compliance with the draft statutory guidance are limited as we are largely compliant ahead of any changes proposed for 2027 and all other areas we are already progressing ahead of time.
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Implications of the Report 1. Financial – None directly arising from this report. 2. HR & Organisational Development – None directly arising from this report. 3. Community/Council Planning – None directly arising from this report. 4. Legal - None directly arising from this report. 5. Property/Assets - None directly arising from this report. 6. Information Technology – None directly arising from this report. 7. Equality and Human Rights - The Recommendations contained within this report have been assessed in relation to their impact on equalities and human rights. No negative impacts on equality groups or potential for infringement of individuals’ human rights have been identified arising from the recommendations contained in the report because it is for noting only. If required following implementation, the actual impact of the recommendations and the mitigating actions will be reviewed and monitored, and the results of the assessment will be published on the Council’s website. 8. Health and Safety – None directly arising from this report. 9. Procurement – None directly arising from this report. 10. Risk – None directly arising from this report. 11. Privacy Impact – None directly arising from this report. 12. Climate Risk – this report details work being undertaken and progress made by Renfrewshire Council in response to the climate emergency and statutory obligations. 13. Children’s Rights - None directly arising from this report. 14. COSLA Policy Position – this work aligns with COSLA’s current work alongside the Scottish Government in response to the climate emergency. ___________________________________________________________________ List of Background Papers: None Author: Jamie Robertson, Sustainability Manager Environment, Housing and Infrastructure