Skip to content
Law Society of Scotland
Search
Find a Solicitor
Contact us
About us
Sign in
Search
Find a Solicitor
Contact us
About us
Sign in
  • For members

    • For members

    • CPD & Training

    • Membership and fees

    • Rules and guidance

    • Regulation and compliance

    • Journal

    • Business support

    • Career growth

    • Member benefits

    • Professional support

    • Lawscot Wellbeing

    • Lawscot Sustainability

    • Lawscot Tech

  • News and events

    • News and events

    • Law Society news

    • Blogs & opinions

    • CPD & Training

    • Events

  • Qualifying and education

    • Qualifying and education

    • Qualifying as a Scottish solicitor

    • Career support and advice

    • Our work with schools

    • Funding your education

    • Social mobility

  • Research and policy

    • Research and policy

    • Research

    • Influencing the law and policy

    • Equality and diversity

    • Our international work

    • Legal Services Review

    • Meet the Policy team

  • For the public

    • For the public

    • What solicitors can do for you

    • Making a complaint

    • Client protection

    • Find a Solicitor

    • Frequently asked questions

    • Your Scottish solicitor

  • About us

    • About us

    • Contact us

    • Who we are

    • Our strategy, reports and plans

    • Help and advice

    • Our standards

    • Work with us

    • Our logo and branding

    • Equality and diversity

Journal logo
  • PRACTICE

    PRACTICE

    • Practice

    • Corporate law

    • Criminal law

    • Employment law

    • Environment law

    • Family law

    • Industry updates

    • Intellectual property

    • Property law

    • Technology law

    • Technology and innovation

    • Practice

    • Corporate law

    • Criminal law

    • Employment law

    • Environment law

    • Family law

    • Industry updates

    • Intellectual property

    • Property law

    • Technology law

    • Technology and innovation

  • PEOPLE

    PEOPLE

    • People

    • Equality, diversity & inclusion

    • Ethics & professional responsibility

    • Obituaries

    • Wellbeing & support

    • Noticeboard

    • People

    • Equality, diversity & inclusion

    • Ethics & professional responsibility

    • Obituaries

    • Wellbeing & support

    • Noticeboard

  • CAREERS

    CAREERS

    • Careers

    • Job board

    • Leadership

    • Management

    • Skills

    • Training & education

    • Next generation

    • Careers

    • Job board

    • Leadership

    • Management

    • Skills

    • Training & education

    • Next generation

  • KNOWLEDGE BANK

    KNOWLEDGE BANK

    • Knowledge Bank

    • Book club

    • Interviews

    • Sponsored content

    • Knowledge Bank

    • Book club

    • Interviews

    • Sponsored content

  • ABOUT THE JOURNAL

    ABOUT THE JOURNAL

    • About the Journal

    • Contact us

    • Journal Editorial Advisory Board

    • Newsletter sign-up

    • About the Journal

    • Contact us

    • Journal Editorial Advisory Board

    • Newsletter sign-up

Why template agreements will increase confidence in carbon unit sales

30th April 2025 Written by: Graeme Leith

In a bid to support the voluntary carbon market and aid the UK’s journey to net zero, new free-to-access template agreements and guidance aims to streamline the carbon unit sales process.

Over the past five years, interest in buying and selling carbon units has significantly grown as landowners and investors have realised the critical role they can play in the UK’s net zero ambitions.

April marked the completion of an 18-month project aimed at developing and issuing template agreements for the sale of carbon units from UK woodland carbon and peatland restoration schemes.

The Woodland Carbon Code and Peatland Carbon Code that underpin such schemes have been in place for 14 years and 10 years, respectively. The codes set out the requirements for developing projects that tackle climate change by removing carbon dioxide from the atmosphere or stop it from entering in the first place. Projects that meet the requirements generate carbon units, a product that landowners can sell and companies can buy to compensate for their unavoidable greenhouse gas emissions.

A project with purpose

The project aimed to help buyers, sellers and their legal advisers to better understand the responsibilities, obligations and liabilities they should consider when buying or selling units. The new templates and the accompanying guidance are designed to provide greater clarity, making it easier for participants to engage in the market.

The project has been a collaborative effort involving Scottish Forestry in partnership with the IUCN UK Peatland Programme and law firms Brodies LLP, Gillespie Macandrew and Turcan Connell. It was supported by NatureScot in collaboration with the Scottish Government and in partnership with the National Lottery Heritage Fund, through the Facility for Investment Ready Nature in Scotland (FIRNS).

The initial stage of the project involved extensive consultation with stakeholders, including landowner representative bodies, insurance brokers, investor platforms and businesses who are involved in the design and delivery of carbon schemes.

The project team has produced two core agreement templates. The first addresses the sale of pending issuance units, which involves the seller of the units – typically a landowner but it can also be a tenant or joint venture vehicle – transferring the benefit of future carbon sequestration/emission reduction related to those units. The second is of the nature of an offtake agreement, where parties contract to transfer verified carbon units after the carbon sequestration/emission reductions have been evidenced.

Tailored approach

Variations of the core templates have been produced for use in each of the UK’s jurisdictions – Scotland, England and Wales, and Northern Ireland – reflecting differences in property law. The templates themselves are pro-forma documents, requiring only the completion of a commercial term sheet that will contain commercial and scheme-specific information and allow parties to record decisions on issues such as project risk, timing of payments and protection of investment.

The templates also enable contracting parties to tailor their agreement to individual preferences, through the provision for bespoke clauses. Detailed guidance has also been prepared to assist participants in identifying the pertinent issues and inform completion of the commercial term sheet.

The template agreements and guidance are now available on the Woodland Carbon Code website and are free to download.

It is hoped that these materials will support the voluntary carbon market by providing greater confidence to buyers, sellers and legal advisers, helping them to play their part in the country’s journey to net zero.

Written by Graeme Leith, a partner and forestry expert at Brodies LLP, and lead legal adviser on the FIRNS-funded contract project

Remembering our colleagues and friends in August 2025

1st August 2025
The Society has shared the latest obituary list, for all of us all to take a moment to remember those within our profession.

‘Threat or game-changer?’ — Lawyers worldwide to have say on future of AI in the profession

30th July 2025
The International Bar Association (IBA) has launched the next phase of a survey to help lawyers around the world respond to the challenges of artificial intelligence.

All change at top of leading Scottish firm as commercial real estate partner Neil Robb appointed chair

30th July 2025
Blackadders LLP has announced the appointment of Neil Robb, partner and head of commercial real estate, as chairman.
About the author
Add To Favorites

Additional

https://www.clio.com/uk/?utm_medium=bar_partner&utm_source=law-society-scotland&utm_campaign=law-society-scotland-q2
https://www.evelyn.com/people/keith-burdon/
https://lawware.co.uk
https://www.lawscotjobs.co.uk/client/frasia-wright-associates-92.htm
https://www.findersinternational.co.uk/our-services/private-client/?utm_campaign=Scotland-Law-society-Journal-online&utm_medium=MPU&utm_source=The-Journal
https://yourcashier.co.uk/

Related Articles

‘Threat or game-changer?’ — Lawyers worldwide to have say on future of AI in the profession

30th July 2025
The International Bar Association (IBA) has launched the next phase of a survey to help lawyers around the world respond...

How to Fund Litigation — Practical insights series (Part One: What will it cost?)

30th July 2025
In the first of a new series, litigation funding expert Jack Bradley-Seddon offers advice on answering a client's inevitable first...

Six key cases behind Burness Paull’s £93.5m turnover this year

30th July 2025
One of Scotland’s leading commercial law firms has posted strong results after a year which included work for Dobbies and...

Journal issues archive

Find all previous editions of the Journal here.

Issues about Journal issues archive
Law Society of Scotland
Atria One, 144 Morrison Street
Edinburgh
EH3 8EX
If you’re looking for a solicitor, visit FindaSolicitor.scot
T: +44(0) 131 226 7411
E: lawscot@lawscot.org.uk
About us
  • Contact us
  • Who we are
  • Strategy reports plans
  • Help and advice
  • Our standards
  • Work with us
Useful links
  • Find a Solicitor
  • Sign in
  • CPD & Training
  • Rules and guidance
  • Website terms and conditions
Law Society of Scotland | © 2025
Made by Gecko Agency Limited