Climate Change Bill [HL]

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Climate Change Bill [HL]

Climate Change Bill [HL]
Part 6 — General supplementary provisions
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83
Affirmative and negative resolution procedure
(1)
Where orders or regulations under this Act are subject to “affirmative
resolution procedure” the order or regulations must not be made unless a draft
of the statutory instrument containing them has been laid before and approved
by a resolution of each House of Parliament.
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(2)
Where orders or regulations under this Act are subject to “negative resolution
procedure” the statutory instrument containing the order or regulations is
subject to annulment in pursuance of a resolution of either House of
Parliament.
(3)
Any provision that may be made by an order or regulations under this Act
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subject to negative resolution procedure may be made by an order or
regulations subject to affirmative resolution procedure.
(4)
This section does not apply to regulations under Part 3 (trading schemes) (but
see Schedule 3).
Interpretation
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84
Meaning of “greenhouse gas”
(1)
In this Act “greenhouse gas” means any of the following—
(a)
carbon dioxide (CO2),
(b)
methane (CH4),
(c)
nitrous oxide (N2O),
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(d)
hydrofluorocarbons (HFCs),
(e)
perfluorocarbons (PFCs),
(f)
sulphur hexafluoride (SF6).
(2)
The Secretary of State may by order amend the definition of “greenhouse gas”
in subsection (1) to add to the gases listed in that definition.
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(3)
That power may only be exercised if it appears to the Secretary of State that an
agreement or arrangement at European or international level recognises that
the gas to be added contributes to climate change.
(4)
An order under this section is subject to negative resolution procedure.
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Measurement of emissions etc by reference to carbon dioxide equivalent
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(1)
For the purposes of this Act greenhouse gas emissions, reductions of such
emissions and removals of greenhouse gas from the atmosphere shall be
measured or calculated in tonnes of carbon dioxide equivalent.
(2)
A “tonne of carbon dioxide equivalent” means one metric tonne of carbon
dioxide or an amount of any other greenhouse gas with an equivalent global
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warming potential (calculated consistently with international carbon reporting
practice).
86
Meaning of “international carbon reporting practice”
(1)
In this Act “international carbon reporting practice” means accepted practice in
relation to reporting for the purposes of the protocols to the United Nations
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Framework Convention on Climate Change or such other agreements or

Climate Change Bill [HL]
Part 6 — General supplementary provisions
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arrangements at European or international level as the Secretary of State may
specify by order.
(2)
An order under this section is subject to negative resolution procedure.
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Meaning of “national authority”
(1)
In this Act “national authority” means any of the following—
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(a)
the Secretary of State;
(b)
the Scottish Ministers;
(c)
the Welsh Ministers;
(d)
the relevant Northern Ireland department.
(2)
Functions conferred or imposed by this Act on “the national authorities” are to
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be exercised by all of them jointly.
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Meaning of “relevant Northern Ireland department”
(1)
In this Act “the relevant Northern Ireland department”, in relation to a matter
or provision, means the Northern Ireland department responsible for the
matter or, as the case may be, for the matters to which the provision relates.
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(2)
If more than one department is responsible, the reference is to all of them.
(3)
Any question as to the Northern Ireland department responsible for a matter is
to be determined by the Department of Finance and Personnel in Northern
Ireland.
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Minor definitions
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In this Act—
“devolved legislature” means—
(a)
the Scottish Parliament,
(b)
the National Assembly for Wales, or
(c)
the Northern Ireland Assembly;
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“emissions”, in relation to a greenhouse gas, means emissions of that gas
into the atmosphere that are attributable to human activity;
“enactment” includes—
(a)
an enactment contained in subordinate legislation within the
meaning of the Interpretation Act 1978 (c. 30),
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(b)
an enactment contained in, or in an instrument made under, an
Act of the Scottish Parliament,
(c)
an enactment contained in, or in an instrument made under,
Northern Ireland legislation, and
(d)
an enactment contained in, or in an instrument made under, a
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Measure or Act of the National Assembly for Wales;
“European law” means—
(a)
all the rights, powers, liabilities, obligations and restrictions
from time to time created or arising by or under the Community
Treaties, and
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(b)
all the remedies and procedures from time to time provided for
by or under the Community Treaties,
and “European policy” has a corresponding meaning;

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Part 6 — General supplementary provisions
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“primary legislation” means—
(a)
an Act of Parliament,
(b)
an Act of the Scottish Parliament,
(c)
a Measure or Act of the National Assembly for Wales, or
(d)
Northern Ireland legislation.
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90
Index of defined expressions
In this Act the following expressions are defined or otherwise explained by the
provisions indicated—

“the 1990 baseline” (in Parts 1
section 2(2)

and 2)

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“administrator” (in Part 3)
section 54

“affirmative resolution
section 83(1)

procedure” (except in Part 3)

“annual equivalent”, in relation
section 6(2)

to the carbon budget for a period

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(in Parts 1 and 2)

“budgetary periods” (in Parts 1
section 5(1)

and 2)

“carbon budget” (in Parts 1 and
section 5(1)

2)

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“carbon unit” (in Parts 1 and 2)
section 26(1)

“the chair” (in Schedule 1)
paragraph 1(1) of Schedule

1

“the Committee” (in Part 2)
section 32

“Counsel General” (in sections 59
section 68(8)

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to 68)

“the deputy chair” (in Schedule
paragraph 2 of Schedule 1

1)

“devolved authority” (in sections
section 68(3)

59 to 68)

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“devolved functions”, in relation
section 68(4) and (5)

to a reporting authority (in

sections 59 to 67)

“devolved legislature”
section 89

“devolved Welsh functions”, in
section 68(6) and (7)

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relation to a reporting authority

(in sections 59 to 67)

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Part 6 — General supplementary provisions
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“electricity distributor” (in
paragraph 2(3) of Schedule

Schedule 4)
4

“electricity supplier” (in
paragraph 2(2) of Schedule

Schedule 4)
4

“emissions”
section 89

5

“enactment”
section 89

“environmental authority” (in
paragraph 1(2) of Schedule

Schedule 4)
4

“European law”
section 89

“European policy”
section 89

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“financial year” (in Schedule 1)
paragraph 23 of Schedule 1

“greenhouse gas”
section 84

“international carbon reporting
section 86

practice”

“Minister of the Crown” (in
section 68(8)

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sections 59 to 68)

“national authority”
section 87

“negative resolution procedure”
section 83(2)

(except in Part 3)

“net UK carbon account” (in
section 27(1)

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Parts 1 and 2)

“net UK emissions” for a period,
section 29(1)

in relation to a greenhouse gas

(in Parts 1 and 2)

“participant” (in Part 3)
section 54

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“potential participant” (in
paragraph 3(2) of Schedule

Schedule 4)
4

“primary legislation”
section 89

“the relevant national authority”
section 46

(in Part 3)

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“the relevant Northern Ireland
section 88

department”

“reporting authority” (in sections
section 68(1) and (2)

59 to 68)

“targeted greenhouse gas” (in
section 23(1)

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Parts 1 and 2)

“trading period” (in Part 3)
section 54

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“trading scheme”
section 43(2)

“UK emissions”, in relation to a
section 29(1)

greenhouse gas (in Part 1)

“UK removals”, in relation to a
section 29(1)

greenhouse gas (in Part 1)

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“Wales” (in sections 59 to 68)
section 68(8)

“the waste reduction provisions”
section 69(3)

(in sections 70 to 73)

Final provisions
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Extent
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(1)
This Act, apart from the provisions listed in subsection (2), extends to the
whole of the United Kingdom.
(2)
The following provisions of this Act extend to England and Wales only—
(a)
sections 69 to 73 and Schedule 5 (waste reduction schemes);
(b)
section 76 (climate change measures reports in Wales);
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(c)
section 79 (fines for offences relating to pollution).
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Commencement
(1)
Part 1 (carbon target and budgeting) and this Part come into force on the day
this Act is passed.
(2)
Part 2 (the Committee on Climate Change) comes into force on such day as may
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be appointed by order made by the Secretary of State.
(3)
Section 69(1) and Schedule 5 (waste reduction schemes) come into force in
accordance with sections 70 to 73.
(4)
Section 76 (climate change measures reports in Wales) comes into force on such
day as may be appointed by order made by the Welsh Ministers.
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(5)
Section 77 (repeal of previous reporting obligation) comes into force on 1st
January 2009.
(6)
The other provisions of this Act come into force at the end of two months
beginning with the day it is passed.
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Short title
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(1)
The short title of this Act is the Climate Change Act 2008.
(2)
Nothing in this Act shall impose any charge on the people or on public
funds, or vary the amount or incidence of or otherwise alter any such charge
in any manner, or affect the assessment, levying, administration or
application of any money raised by any such charge.
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