|
| |
|
(c) | they alter the amount by which— |
| |
(i) | a carbon unit that is credited to the net UK carbon account for a |
| |
period reduces the net UK carbon account for that period, or |
| |
(ii) | a carbon unit that is debited from the net UK carbon account for |
| |
a period increases the net UK carbon account for that period, or |
| 5 |
(d) | they make modifications of an enactment contained in primary |
| |
| |
(3) | Otherwise the regulations are subject to negative resolution procedure. |
| |
(4) | The Secretary of State must consult the other national authorities— |
| |
(a) | in the case of regulations subject to affirmative resolution procedure, |
| 10 |
before laying before Parliament a draft of a statutory instrument |
| |
containing the regulations; |
| |
(b) | in the case of regulations subject to negative resolution procedure, |
| |
before making the regulations. |
| |
(5) | The Secretary of State must obtain, and take into account, the advice of the |
| 15 |
Committee on Climate Change before laying before Parliament a draft of a |
| |
statutory instrument containing— |
| |
(a) | the first regulations to be made under those sections, or |
| |
(b) | regulations making provision of the kind described in paragraph (b) or |
| |
| 20 |
Other supplementary provisions |
| |
29 | UK emissions and removals of greenhouse gases |
| |
| |
(a) | “UK emissions”, in relation to a greenhouse gas, means emissions of |
| |
that gas from sources in the United Kingdom; |
| 25 |
(b) | “UK removals”, in relation to a greenhouse gas, means removals of that |
| |
gas from the atmosphere due to land use, land-use change or forestry |
| |
activities in the United Kingdom; |
| |
(c) | the “net UK emissions” for a period, in relation to a greenhouse gas, |
| |
means the amount of UK emissions of that gas for the period reduced |
| 30 |
by the amount for the period of UK removals of that gas. |
| |
(2) | The amount of UK emissions and UK removals of a greenhouse gas for a |
| |
period must be determined consistently with international carbon reporting |
| |
| |
30 | Emissions from international passenger travel or imports or exports of goods |
| 35 |
(1) | Emissions from international passenger travel do not count as emissions from |
| |
sources in the United Kingdom for the purposes of this Part, except as |
| |
provided by regulations under this section. |
| |
(2) | Emissions from imports or exports of goods do not count as emissions from |
| |
sources in the United Kingdom for the purposes of this Part, except as |
| 40 |
provided by regulations under this section. |
| |
(3) | The Secretary of State must make provisions by regulations as to the |
| |
circumstances in which, and the extent to which, emissions from international |
| |
|
| |
|
| |
|
passenger travel from the United Kingdom are to be regarded for the purposes |
| |
of this Part as emissions from sources in the United Kingdom. |
| |
(4) | The Secretary of State must make provisions by regulations as to the |
| |
circumstances in which, and the extent to which, emissions from imports of |
| |
goods to the United Kingdom are to be regarded for the purposes of this Part |
| 5 |
as emissions from sources in the United Kingdom. |
| |
(5) | The Secretary of State must— |
| |
(a) | lay the regulations referred to in subsections (3) and (4) within the |
| |
period of five years beginning with the day this Act is passed, or |
| |
(b) | lay before both Houses of Parliament a report explaining why the |
| 10 |
regulations have not been laid within that period. |
| |
(6) | Regulations under this section may make provision— |
| |
(a) | as to the period or periods (whether past or future) in which emissions |
| |
of the targeted greenhouse gas are to be taken into account as UK |
| |
emissions of that gas, and |
| 15 |
(b) | as to the manner in which such emissions are to be taken into account |
| |
in determining the 1990 baseline in relation to those periods. |
| |
(7) | They may, in particular— |
| |
(a) | designate a different base year, or |
| |
(b) | designate a number of base years, |
| 20 |
| and provide for the emissions in that year, or the average amount of emissions |
| |
in those years, to be taken into account as if part of the 1990 baseline. |
| |
31 | Procedure for regulations under section 30 |
| |
(1) | Before making regulations under section 30, the Secretary of State must obtain, |
| |
and take into account, the advice of the Committee on Climate Change. |
| 25 |
(2) | As soon as is reasonably practicable after giving its advice to the Secretary of |
| |
State, the Committee must publish that advice in such manner as it considers |
| |
| |
(3) | If the regulations make provision different from that recommended by the |
| |
Committee, the Secretary of State must publish a statement setting out the |
| 30 |
reasons for that decision. |
| |
(4) | The statement may be published in such manner as the Secretary of State thinks |
| |
| |
(5) | Regulations under section 30 are subject to affirmative resolution procedure. |
| |
| 35 |
The Committee on Climate Change |
| |
| |
32 | The Committee on Climate Change |
| |
(1) | There shall be a body corporate to be known as the Committee on Climate |
| |
Change or, in Welsh, as y Pwyllgor ar Newid Hinsawdd (referred to in this Part |
| 40 |
| |
|
| |
|
| |
|
(2) | Schedule 1 contains further provisions about the Committee. |
| |
Functions of the Committee |
| |
33 | Advice on level of 2050 target |
| |
(1) | It is the duty of the Committee to advise the Secretary of State on— |
| |
(a) | whether the percentage specified in section 2(1) (the target for 2050) |
| 5 |
| |
(b) | if so, what the amended percentage should be. |
| |
(2) | Advice given by the Committee under this section must also contain the |
| |
| |
(3) | The Committee must give its advice under this section before 1st December |
| 10 |
| |
(4) | The Committee must, at the time it gives its advice under this section to the |
| |
Secretary of State, send a copy to the other national authorities. |
| |
(5) | As soon as is reasonably practicable after giving its advice to the Secretary of |
| |
State, the Committee must publish that advice in such manner as it considers |
| 15 |
| |
34 | Advice in connection with carbon budgets |
| |
(1) | It is the duty of the Committee to advise the Secretary of State, in relation to |
| |
each budgetary period, on— |
| |
(a) | the level of the carbon budget for the period, |
| 20 |
(b) | the extent to which the carbon budget for the period should be met— |
| |
(i) | by reducing the amount of net UK emissions of targeted |
| |
| |
(ii) | by the use of carbon units that in accordance with regulations |
| |
under sections 26 and 27 may be credited to the net UK carbon |
| 25 |
| |
(c) | the respective contributions towards meeting the carbon budget for the |
| |
period that should be made— |
| |
(i) | by the sectors of the economy covered by trading schemes |
| |
| 30 |
(ii) | by the sectors of the economy not so covered (taken as a whole), |
| |
| |
(d) | the sectors of the economy in which there are particular opportunities |
| |
for contributions to be made towards meeting the carbon budget for the |
| |
period through reductions in emissions of targeted greenhouse gases. |
| 35 |
(2) | In relation to the budgetary period 2008-2012, the Committee must also advise |
| |
the Secretary of State on— |
| |
(a) | whether it would be consistent with its advice on the level of the carbon |
| |
budget for the period to set a carbon budget such that the annual |
| |
equivalent for the period was lower than the 1990 baseline by 20%, and |
| 40 |
(b) | the costs and benefits of setting such a budget. |
| |
(3) | Advice given by the Committee under this section must also contain the |
| |
| |
|
| |
|
| |
|
(4) | The Committee must give its advice under this section— |
| |
(a) | for the budgetary periods 2008-2012, 2013-2017 and 2018-2022, before |
| |
| |
(b) | for any later period, not later than six months before the last date for |
| |
setting the carbon budget for the period (see section 5(2)(b)). |
| 5 |
(5) | It is the duty of the Committee, acting through the Adaptation Sub-Committee, |
| |
to provide expert advice to the Secretary of State in relation to— |
| |
(a) | the preparation of, and the adequacy of, any programme under section |
| |
56 to address the risks identified in the most recent report under section |
| |
| 10 |
(b) | the contribution of the objectives, proposals and policies mentioned in |
| |
section 56(1) to sustainable development; |
| |
(c) | any assessment for the second and each subsequent programme of the |
| |
progress made towards implementing those objectives, proposals and |
| |
policies set out in earlier programmes as required by section 56(3); and |
| 15 |
(d) | the need for directions by the Secretary of State to a reporting authority |
| |
| |
(6) | The Committee must, at the time it gives its advice under this section to the |
| |
Secretary of State, send a copy to the other national authorities. |
| |
(7) | As soon as is reasonably practicable after giving its advice under this section |
| 20 |
the Committee must publish that advice in such manner as it considers |
| |
| |
| |
(1) | It is the duty of the Committee to lay before Parliament and each of the |
| |
devolved legislatures each year, beginning with the year 2009, a report setting |
| 25 |
out the Committee’s views on— |
| |
(a) | the progress that has been made towards meeting the carbon budgets |
| |
that have been set under Part 1 and the target in section 2 (the target for |
| |
| |
(b) | the further progress that is needed to meet those budgets and that |
| 30 |
| |
(c) | whether those budgets and that target are likely to be met. |
| |
(2) | The Committee’s report in the second year after the end of a budgetary period |
| |
must also set out the Committee’s general views on— |
| |
(a) | the way in which the budget for the period was or was not met, and |
| 35 |
(b) | action taken during the period to reduce net UK emissions of targeted |
| |
| |
(3) | The Committee’s report must also set out the Committee’s views on the |
| |
programme for adaptation to climate change published by the Secretary of |
| |
State under section 56 and its implementation, and any further action required |
| 40 |
as part of the programme. |
| |
(4) | The first report under this section must be laid before Parliament and the |
| |
devolved legislatures not later than 30th September 2009. |
| |
(5) | Each subsequent report under this section, other than one in the second year |
| |
after the end of a budgetary period, must be laid before Parliament and the |
| 45 |
devolved legislatures not later than 30th June in the year in which it is made. |
| |
|
| |
|
| |
|
(6) | A report in the second year after the end of a budgetary period must be laid |
| |
before Parliament and the devolved legislatures not later than 15th July in the |
| |
year in which it is made. |
| |
(7) | The Secretary of State may by order extend the period mentioned in subsection |
| |
| 5 |
(8) | Before making such an order the Secretary of State must consult the other |
| |
| |
(9) | Any such order is subject to negative resolution procedure. |
| |
36 | Response to Committee’s reports on progress |
| |
(1) | The Secretary of State must lay before Parliament a response to the points |
| 10 |
raised by each report of the Committee on Climate Change under section 35 |
| |
| |
(2) | Before doing so, the Secretary of State must consult the other national |
| |
authorities on a draft of the response. |
| |
(3) | The response to the Committee’s first report under section 35 must be laid |
| 15 |
before Parliament not later than 15th January 2010. |
| |
(4) | Each subsequent response must be laid before Parliament not later than 15th |
| |
October in the year in which the Committee’s report is made. |
| |
(5) | The Secretary of State may by order extend that period. |
| |
(6) | Any such order is subject to negative resolution procedure. |
| 20 |
37 | Duty to provide advice or other assistance on request |
| |
(1) | The Committee must, at the request of a national authority, provide advice, |
| |
analysis, information or other assistance to the authority in connection with— |
| |
(a) | the authority’s functions under this Act, |
| |
(b) | the progress made towards meeting the objectives set by or under this |
| 25 |
| |
(c) | climate change generally. |
| |
(2) | In particular, the Committee must, at the request of a national authority— |
| |
(a) | advise the authority about any limit proposed to be set by a trading |
| |
scheme on the total amount of the activities to which the scheme |
| 30 |
| |
(b) | assist the authority in connection with the preparation of statistics |
| |
relating to greenhouse gas emissions. |
| |
(3) | The Committee must, at the request of a national authority other than the |
| |
Secretary of State, provide advice, analysis, information or other assistance to |
| 35 |
the authority in connection with any target, budget or similar requirement |
| |
relating to emissions of greenhouse gas that has been adopted by the authority |
| |
or to which the authority is otherwise subject. |
| |
|
| |
|