Climate Change Bill [HL]

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Climate Change Bill [HL]

Climate Change Bill [HL]
Part 1 — Carbon target and budgeting
15

(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
legislation.
(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,
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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
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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
(c) of subsection (2).
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Other supplementary provisions
29
UK emissions and removals of greenhouse gases
(1)
In this Part—
(a)
“UK emissions”, in relation to a greenhouse gas, means emissions of
that gas from sources in the United Kingdom;
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(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
practice.
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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
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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

Climate Change Bill [HL]
Part 2 — The Committee on Climate Change
16

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
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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
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(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,
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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.
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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.
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(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
appropriate.
(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
fit.
(5)
Regulations under section 30 are subject to affirmative resolution procedure.
Part 2
35
The Committee on Climate Change
The Committee
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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
as “the Committee”).

Climate Change Bill [HL]
Part 2 — The Committee on Climate Change
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(2)
Schedule 1 contains further provisions about the Committee.
Functions of the Committee
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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
should be amended, and
(b)
if so, what the amended percentage should be.
(2)
Advice given by the Committee under this section must also contain the
reasons for that advice.
(3)
The Committee must give its advice under this section before 1st December
10
2008.
(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
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appropriate.
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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,
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(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
greenhouse gases, or
(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
account for the period,
(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
(taken as a whole);
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(ii)
by the sectors of the economy not so covered (taken as a whole),
and
(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.
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(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
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(b)
the costs and benefits of setting such a budget.
(3)
Advice given by the Committee under this section must also contain the
reasons for that advice.

Climate Change Bill [HL]
Part 2 — The Committee on Climate Change
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(4)
The Committee must give its advice under this section—
(a)
for the budgetary periods 2008-2012, 2013-2017 and 2018-2022, before
1st December 2008;
(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)).
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(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
55;
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(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
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(d)
the need for directions by the Secretary of State to a reporting authority
under section 60.
(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
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the Committee must publish that advice in such manner as it considers
appropriate.
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Reports on progress
(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
2050),
(b)
the further progress that is needed to meet those budgets and that
30
target, and
(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
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(b)
action taken during the period to reduce net UK emissions of targeted
greenhouse gases.
(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
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devolved legislatures not later than 30th June in the year in which it is made.

Climate Change Bill [HL]
Part 2 — The Committee on Climate Change
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(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) or (6).
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(8)
Before making such an order the Secretary of State must consult the other
national authorities.
(9)
Any such order is subject to negative resolution procedure.
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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
(reports on progress).
(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
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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.
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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
Act, or
(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
applies, or
(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
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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.