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83 | Affirmative and negative resolution procedure |
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(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. |
| 5 |
(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 |
| |
| |
(3) | Any provision that may be made by an order or regulations under this Act |
| 10 |
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 |
| |
| |
| 15 |
84 | Meaning of “greenhouse gas” |
| |
(1) | In this Act “greenhouse gas” means any of the following— |
| |
(a) | carbon dioxide (CO2), |
| |
| |
| 20 |
(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. |
| 25 |
(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. |
| |
85 | Measurement of emissions etc by reference to carbon dioxide equivalent |
| 30 |
(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 |
| 35 |
warming potential (calculated consistently with international carbon reporting |
| |
| |
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 |
| 40 |
Framework Convention on Climate Change or such other agreements or |
| |
|
| |
|
| |
|
arrangements at European or international level as the Secretary of State may |
| |
| |
(2) | An order under this section is subject to negative resolution procedure. |
| |
87 | Meaning of “national authority” |
| |
(1) | In this Act “national authority” means any of the following— |
| 5 |
(a) | the Secretary of State; |
| |
(b) | the Scottish Ministers; |
| |
| |
(d) | the relevant Northern Ireland department. |
| |
(2) | Functions conferred or imposed by this Act on “the national authorities” are to |
| 10 |
be exercised by all of them jointly. |
| |
88 | 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. |
| 15 |
(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 |
| |
| |
| 20 |
| |
“devolved legislature” means— |
| |
(a) | the Scottish Parliament, |
| |
(b) | the National Assembly for Wales, or |
| |
(c) | the Northern Ireland Assembly; |
| 25 |
“emissions”, in relation to a greenhouse gas, means emissions of that gas |
| |
into the atmosphere that are attributable to human activity; |
| |
| |
(a) | an enactment contained in subordinate legislation within the |
| |
meaning of the Interpretation Act 1978 (c. 30), |
| 30 |
(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 |
| 35 |
Measure or Act of the National Assembly for Wales; |
| |
| |
(a) | all the rights, powers, liabilities, obligations and restrictions |
| |
from time to time created or arising by or under the Community |
| |
| 40 |
(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; |
| |
|
| |
|
| |
|
“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. |
| 5 |
90 | Index of defined expressions |
| |
In this Act the following expressions are defined or otherwise explained by the |
| |
| |
| “the 1990 baseline” (in Parts 1 |
| | | | | | | | 10 | | “administrator” (in Part 3) |
| | | | | | | | | | procedure” (except in Part 3) |
| | | | | “annual equivalent”, in relation |
| | | | | to the carbon budget for a period |
| | | 15 | | | | | | | “budgetary periods” (in Parts 1 |
| | | | | | | | | | “carbon budget” (in Parts 1 and |
| | | | | | | | 20 | | “carbon unit” (in Parts 1 and 2) |
| | | | | “the chair” (in Schedule 1) |
| paragraph 1(1) of Schedule |
| | | | | | | | | “the Committee” (in Part 2) |
| | | | | “Counsel General” (in sections 59 |
| | | 25 | | | | | | | “the deputy chair” (in Schedule |
| paragraph 2 of Schedule 1 |
| | | | | | | | | “devolved authority” (in sections |
| | | | | | | | 30 | | “devolved functions”, in relation |
| | | | | to a reporting authority (in |
| | | | | | | | | | | | | | | “devolved Welsh functions”, in |
| | | 35 | | relation to a reporting authority |
| | | | | | | | |
|
|
| |
|
| |
|
| | | | | | “UK emissions”, in relation to a |
| | | | | greenhouse gas (in Part 1) |
| | | | | “UK removals”, in relation to a |
| | | | | greenhouse gas (in Part 1) |
| | | 5 | | “Wales” (in sections 59 to 68) |
| | | | | “the waste reduction provisions” |
| | | | | | | | |
|
|
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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); |
| 15 |
(c) | section 79 (fines for offences relating to pollution). |
| |
| |
(1) | Part 1 (carbon target and budgeting) and this Part come into force on the day |
| |
| |
(2) | Part 2 (the Committee on Climate Change) comes into force on such day as may |
| 20 |
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. |
| 25 |
(5) | Section 77 (repeal of previous reporting obligation) comes into force on 1st |
| |
| |
(6) | The other provisions of this Act come into force at the end of two months |
| |
beginning with the day it is passed. |
| |
| 30 |
(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. |
| 35 |
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