|
| |
|
(2) | In respect of each greenhouse gas (whether or not a targeted greenhouse gas), |
| |
| |
(a) | state the amount for the year of UK emissions, UK removals and net UK |
| |
| |
(b) | identify the methods used to measure or calculate those amounts, and |
| 5 |
(c) | state whether any of those amounts represents an increase or decrease |
| |
compared to the equivalent amount for the previous year. |
| |
(3) | It must state the aggregate amount for the year of UK emissions, UK removals |
| |
and net UK emissions of all greenhouse gases. |
| |
(4) | If in accordance with international carbon reporting practice a change of |
| 10 |
method is such as to require adjustment of an amount for an earlier year in the |
| |
same budgetary period, it must specify the adjustment required and state the |
| |
| |
(5) | If emissions of a greenhouse gas from international passenger travel and |
| |
imports or exports of goods are not required to be included in the statement by |
| 15 |
virtue of subsection (2), it must state any amounts relating to such emissions |
| |
that the United Kingdom is required to report for the year in accordance with |
| |
international carbon reporting practice. |
| |
| |
(a) | state the total amount of carbon units that have been credited to or |
| 20 |
debited from the net UK carbon account for the year, and |
| |
(b) | give details of the number and type of those carbon units. |
| |
(7) | It must state the amount of the net UK carbon account for the year. |
| |
| |
(a) | the amount of net UK emissions of each targeted greenhouse gas for the |
| 25 |
| |
(b) | a baseline amount for each greenhouse gas that is not a targeted |
| |
greenhouse gas, determined on such basis as the Secretary of State |
| |
| |
(9) | The amount referred to in subsection (8)(b) may be— |
| 30 |
(a) | the amount of net UK emissions of the gas for the year 1990 or a |
| |
| |
(b) | the average amount of net UK emissions of the gas for a number of |
| |
| |
(10) | The statement required by this section must be laid before Parliament not later |
| 35 |
than 31st March in the second year following that to which it relates. |
| |
(11) | The Secretary of State must send a copy of the statement to the other national |
| |
| |
16 | Powers to carry amounts from one budgetary period to another |
| |
(1) | The Secretary of State may decide to carry back part of the carbon budget for a |
| 40 |
budgetary period to the preceding budgetary period. |
| |
| The carbon budget for the later period is reduced, and that for the earlier |
| |
period increased, by the amount carried back. |
| |
(2) | The amount carried back under subsection (1) must not exceed 1% of the |
| |
carbon budget for the later period. |
| 45 |
|
| |
|
| |
|
(3) | The Secretary of State may decide to carry forward the whole or part of any |
| |
amount by which the carbon budget for a budgetary period exceeds the net UK |
| |
carbon account for the period. |
| |
| The amount of the carbon budget for the next budgetary period is increased by |
| |
the amount carried forward. |
| 5 |
(4) | Before deciding to carry an amount back or forward under this section, the |
| |
| |
(a) | consult the other national authorities, and |
| |
(b) | obtain, and take into account, the advice of the Committee on Climate |
| |
| 10 |
(5) | Any such decision must be made no later than 31st May in the second year after |
| |
the end of the earlier of the two budgetary periods affected. |
| |
17 | Final statement for budgetary period |
| |
(1) | It is the duty of the Secretary of State to lay before Parliament in respect of each |
| |
budgetary period a statement containing the following information. |
| 15 |
(2) | In respect of each targeted greenhouse gas, it must state the final amount for |
| |
the period of UK emissions, UK removals and net UK emissions of that gas. |
| |
| That is the total of the amounts (or adjusted amounts) stated under section 15 |
| |
(annual statement of UK emissions) in respect of that gas for the years included |
| |
| 20 |
| |
(a) | state the final amount of carbon units that have been credited to or |
| |
debited from the net UK carbon account for the period, and |
| |
(b) | give details of the number and type of those carbon units. |
| |
(4) | It must state the final amount of the net UK carbon account for the period. |
| 25 |
(5) | It must state whether the Secretary of State has decided to carry an amount |
| |
back under section 16(1) (power to carry amount back from the budget for the |
| |
next budgetary period), and if so what amount. |
| |
(6) | It must state the amount of the carbon budget for the period. |
| |
| That is the amount originally set, subject to any exercise of the powers |
| 30 |
conferred by section 16 (powers to carry amounts from one budgetary period |
| |
to another) and any alteration of the budget under section 20. |
| |
(7) | Whether the carbon budget for a period has been met shall be determined by |
| |
reference to the figures given in the statement laid before Parliament under this |
| |
section in respect of that period. |
| 35 |
(8) | If the carbon budget for the period has not been met, the statement must |
| |
explain why it has not been met. |
| |
(9) | The statement required by this section must be laid before Parliament not later |
| |
than 31st May in the second year following the end of the period to which it |
| |
| 40 |
(10) | The Secretary of State must send a copy of the statement to the other national |
| |
| |
|
| |
|
| |
|
18 | Duty to report on proposals and policies for compensating for budget excess |
| |
(1) | As soon as is reasonably practicable after laying a statement before Parliament |
| |
under section 17 in respect of a period for which the net UK carbon account |
| |
exceeds the carbon budget, the Secretary of State must lay before Parliament a |
| |
report setting out proposals and policies to compensate in future periods for |
| 5 |
| |
(2) | So far as the report relates to proposals and policies of the Scottish Ministers, |
| |
the Welsh Ministers or a Northern Ireland department, it must be prepared in |
| |
consultation with that authority. |
| |
(3) | The Secretary of State must send a copy of the report to those authorities. |
| 10 |
19 | Final statement for 2050 |
| |
(1) | It is the duty of the Secretary of State to lay before Parliament in respect of the |
| |
year 2050 a statement containing the following information. |
| |
(2) | In respect of each targeted greenhouse gas, it must state the amount for that |
| |
year of UK emissions, UK removals and net UK emissions of that gas. |
| 15 |
| That is the amount stated for that year in respect of that gas under section 15 |
| |
(annual statement of UK emissions). |
| |
| |
(a) | state the amount of carbon units that have been credited to or debited |
| |
from the net UK carbon account for the year, and |
| 20 |
(b) | give details of the number and type of those carbon units. |
| |
(4) | It must state the amount of the net UK carbon account for that year. |
| |
(5) | Whether the target in section 2 (the target for 2050) has been met shall be |
| |
determined by reference to the figures given in the statement laid before |
| |
Parliament under this section. |
| 25 |
(6) | If the target has not been met, the statement must explain why it has not been |
| |
| |
(7) | The statement required by this section must be laid before Parliament not later |
| |
| |
(8) | The Secretary of State must send a copy of the statement to the other national |
| 30 |
| |
Alteration of budgets or budgetary periods |
| |
20 | Alteration of carbon budgets |
| |
(1) | An order setting the carbon budget for a period may not be revoked after the |
| |
date by which a budget for the period was required to be set. |
| 35 |
(2) | An order setting the carbon budget for a period may be amended after the date |
| |
by which a budget for the period was required to be set only if it appears to the |
| |
Secretary of State that, since the budget was originally set (or previously |
| |
altered), there have been significant changes affecting the basis on which the |
| |
previous decision was made. |
| 40 |
|
| |
|
| |
|
(3) | An order setting the carbon budget for a period may be amended after the |
| |
period has begun only if it appears to the Secretary of State that there have been |
| |
such changes since the period began. |
| |
(4) | An order setting the carbon budget for a period may not be amended after the |
| |
| 5 |
(5) | An order revoking or amending an order setting a carbon budget is subject to |
| |
affirmative resolution procedure. |
| |
21 | Consultation on alteration of carbon budgets |
| |
(1) | Before laying before Parliament a draft of a statutory instrument containing an |
| |
order under section 20 (alteration of carbon budgets), the Secretary of State |
| 10 |
| |
(a) | obtain, and take into account, the advice of the Committee on Climate |
| |
| |
(b) | take into account any representations made by the other national |
| |
| 15 |
(2) | The Committee must, at the time it gives its advice to the Secretary of State, |
| |
send a copy to the other national authorities. |
| |
(3) | 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 |
| |
| 20 |
(4) | The Secretary of State may proceed to lay such a draft statutory instrument |
| |
before Parliament without having received a national authority’s |
| |
representations if the authority does not provide them before the end of the |
| |
| |
(5) | The relevant period is— |
| 25 |
(a) | if the budgetary period to which the order relates has begun, one |
| |
month beginning with the date the Committee’s advice was sent to the |
| |
| |
(b) | otherwise, three months beginning with that date. |
| |
(6) | At the same time as laying such a draft statutory instrument before Parliament, |
| 30 |
the Secretary of State must publish a statement setting out whether and how |
| |
the order takes account of any representations made by the other national |
| |
| |
(7) | If the order makes provision different from that recommended by the |
| |
Committee, the Secretary of State must also publish a statement setting out the |
| 35 |
reasons for that decision. |
| |
(8) | A statement under this section may be published in such manner as the |
| |
Secretary of State thinks fit. |
| |
22 | Alteration of budgetary periods |
| |
(1) | The Secretary of State may by order amend section 5(1)(a) so as to alter— |
| 40 |
(a) | the length of the budgetary periods, or |
| |
(b) | the dates in the calendar year on which the budgetary periods begin |
| |
| |
|
| |
|
| |
|
(2) | This power may only be exercised if it appears to the Secretary of State |
| |
necessary to do so in order to keep the budgetary periods under this Part in line |
| |
with similar periods under any agreement at European or international level to |
| |
which the United Kingdom is a party. |
| |
(3) | The power may not be exercised in such a way that any period falls outside a |
| 5 |
| |
(4) | An order may make such consequential amendments of the provisions of this |
| |
Act as appear to the Secretary of State to be necessary or expedient. |
| |
(5) | Before making an order under this section the Secretary of State must consult |
| |
the other national authorities. |
| 10 |
(6) | An order under this section is subject to affirmative resolution procedure. |
| |
Targeted greenhouse gases |
| |
23 | Targeted greenhouse gases |
| |
(1) | In this Part a “targeted greenhouse gas” means— |
| |
| 15 |
(b) | any other greenhouse gas designated as a targeted greenhouse gas by |
| |
order made by the Secretary of State. |
| |
(2) | The order may make such consequential amendments of the provisions of this |
| |
Act as appear to the Secretary of State to be necessary or expedient. |
| |
(3) | Before making an order under this section, the Secretary of State must— |
| 20 |
(a) | consult the other national authorities, and |
| |
(b) | obtain, and take into account, the advice of the Committee on Climate |
| |
| |
(4) | 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 |
| 25 |
| |
(5) | If the order makes provision different from that recommended by the |
| |
Committee, the Secretary of State must publish a statement setting out the |
| |
reasons for that decision. |
| |
(6) | The statement may be published in such manner as the Secretary of State thinks |
| 30 |
| |
(7) | An order under this section is subject to affirmative resolution procedure. |
| |
24 | Base years for targeted greenhouse gases other than CO2 |
| |
(1) | The Secretary of State may make provision by order as to the manner of |
| |
determining, in the case of a targeted greenhouse gas other than carbon |
| 35 |
dioxide, the amount of net UK emissions for the year 1990. |
| |
(2) | An order may, in particular— |
| |
(a) | designate a different base year, or |
| |
(b) | designate a number of base years, |
| |
| and provide for the amount of net UK emissions of the gas for that year, or the |
| 40 |
average amount of net UK emissions of the gas for those years, to be treated for |
| |
|
| |
|
| |
|
the purposes of this Act as the amount of net UK emissions of the gas for the |
| |
| |
(3) | Before making an order under this section, the Secretary of State must— |
| |
(a) | consult the other national authorities, and |
| |
(b) | obtain, and take into account, the advice of the Committee on Climate |
| 5 |
| |
(4) | 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 |
| |
| |
(5) | If the order makes provision different from that recommended by the |
| 10 |
Committee, the Secretary of State must publish a statement setting out the |
| |
reasons for that decision. |
| |
(6) | The statement may be published in such manner as the Secretary of State thinks |
| |
| |
(7) | An order under this section is subject to affirmative resolution procedure. |
| 15 |
Carbon units, carbon accounting and the net UK carbon account |
| |
| |
(1) | The Secretary of State must ensure that at least 70% of the effort undertaken for |
| |
compliance with section 5(1) is achieved by domestic emissions reductions and |
| |
domestic removal by sinks. |
| 20 |
(2) | In this section “effort” means the difference between the present UK carbon |
| |
budget and the verified emissions for the previous budgetary period. |
| |
26 | Carbon units and carbon accounting |
| |
(1) | In this Part a “carbon unit” means a unit of a kind specified in regulations made |
| |
by the Secretary of State and representing— |
| 25 |
(a) | a reduction in an amount of greenhouse gas emissions, |
| |
(b) | the removal of an amount of greenhouse gas from the atmosphere, or |
| |
(c) | an amount of greenhouse gas emissions allowed under a scheme or |
| |
arrangement imposing a limit on such emissions. |
| |
(2) | The Secretary of State may make provision by regulations for a scheme— |
| 30 |
(a) | for registering or otherwise keeping track of carbon units, or |
| |
(b) | for establishing and maintaining accounts in which carbon units may |
| |
be held, and between which they may be transferred, by the Secretary |
| |
| |
| The regulations may, in particular, provide for an existing scheme to be |
| 35 |
adapted for these purposes. |
| |
(3) | The regulations may make provision— |
| |
(a) | appointing a body to administer the scheme; |
| |
(b) | establishing a body for that purpose and making such provision in |
| |
relation to the appointment of members, staffing, expenditure, |
| 40 |
procedure and otherwise as the Secretary of State considers |
| |
| |
|
| |
|
| |
|
(c) | conferring power on the Secretary of State to give guidance or |
| |
directions to the body administering the scheme; |
| |
(d) | conferring power on the Secretary of State to delegate the performance |
| |
of any of the functions conferred or imposed on the Secretary of State |
| |
| 5 |
(e) | requiring the payment by persons using the scheme of charges (of an |
| |
amount determined by or under the regulations) towards the cost of |
| |
| |
(4) | If an existing body is appointed to administer the scheme, the regulations may |
| |
make such modifications of any enactment relating to that body as the |
| 10 |
Secretary of State considers appropriate. |
| |
| |
(1) | In this Part the “net UK carbon account” for a period means the amount of net |
| |
UK emissions of targeted greenhouse gases for the period— |
| |
(a) | reduced by the amount of carbon units credited to the net UK carbon |
| 15 |
account for the period in accordance with regulations under this |
| |
| |
(b) | increased by the amount of carbon units that in accordance with such |
| |
regulations are to be debited from the net UK carbon account for the |
| |
| 20 |
(2) | The Secretary of State must make provision by regulations about— |
| |
(a) | the circumstances in which carbon units may be credited to the net UK |
| |
carbon account for a period, |
| |
(b) | the circumstances in which such units must be debited from that |
| |
account for a period, and |
| 25 |
(c) | the manner in which this is to be done. |
| |
(3) | The regulations must contain provision for ensuring that carbon units that are |
| |
credited to the net UK carbon account for a period cease to be available to offset |
| |
other greenhouse gas emissions. |
| |
(4) | The regulations must contain provision— |
| 30 |
(a) | for determining whether the total amount of carbon units allocated to |
| |
the United Kingdom for each budgetary period under schemes or |
| |
arrangements imposing a limit on emissions from sources in the United |
| |
Kingdom represent an amount of net UK emissions of targeted |
| |
greenhouse gases for the period greater than the carbon budget for the |
| 35 |
| |
(b) | for ensuring that, if this is the case, carbon units representing the |
| |
amount of such emissions in excess of the budget are not used to offset |
| |
greenhouse gas emissions in the United Kingdom or elsewhere. |
| |
28 | Procedure for regulations under section 26 or 27 |
| 40 |
(1) | The following provisions apply in relation to regulations under section 26 |
| |
(carbon units and carbon accounting) or section 27 (net UK carbon account). |
| |
(2) | The regulations are subject to affirmative resolution procedure if— |
| |
(a) | they are the first regulations to be made under those sections, |
| |
(b) | they specify a carbon unit of a kind not previously specified in |
| 45 |
regulations made under those sections, |
| |
|
| |
|