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[AS AMENDED IN PUBLIC BILL COMMITTEE] |
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Set a target for the year 2050 for the reduction of targeted greenhouse gas |
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emissions; to provide for a system of carbon budgeting; to establish a |
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Committee on Climate Change; to confer powers to establish trading schemes |
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for the purpose of limiting greenhouse gas emissions or encouraging activities |
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that reduce such emissions or remove greenhouse gas from the atmosphere; to |
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make provision about adaptation to climate change; to confer powers to make |
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schemes for providing financial incentives to produce less domestic waste and |
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to recycle more of what is produced; to make provision about the collection of |
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household waste; to confer powers to make provision about charging for |
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single use carrier bags; to amend the provisions of the Energy Act 2004 about |
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renewable transport fuel obligations; to make other provision about climate |
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change; and for connected purposes. |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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Carbon target and budgeting |
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(1) | It is the duty of the Secretary of State to ensure that the net UK carbon account |
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for the year 2050 is at least 60% lower than the 1990 baseline. |
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(2) | “The 1990 baseline” means the amount of net UK emissions of targeted |
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greenhouse gases for the year 1990. |
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2 | Amendment of 2050 target or baseline year |
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(1) | The Secretary of State may by order— |
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(a) | amend the percentage specified in section 1(1); |
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(b) | amend section 1 to provide for a different year to be the baseline year. |
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(2) | The power in subsection (1)(a) may only be exercised— |
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(a) | if it appears to the Secretary of State that there have been significant |
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(i) | scientific knowledge about climate change, or |
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(ii) | European or international law or policy, |
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| that make it appropriate to do so, or |
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(b) | in connection with the making of— |
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(i) | an order under section 23 (designation of further greenhouse |
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gases as targeted greenhouse gases), or |
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(ii) | regulations under section 29 (emissions from international |
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aviation or international shipping). |
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(3) | The developments in scientific knowledge referred to in subsection (2) are— |
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(a) | in relation to the first exercise of the power in subsection (1)(a), |
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developments since June 2000 (the date of the Royal Commission on |
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Environmental Pollution's 22nd Report, “Energy - the Changing |
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(b) | in relation to a subsequent exercise of that power, developments since |
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the evidential basis for the previous exercise was established. |
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(4) | The power in subsection (1)(b) may only be exercised if it appears to the |
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Secretary of State that there have been significant developments in European |
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or international law or policy that make it appropriate to do so. |
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(5) | An order under subsection (1)(b) may make consequential amendments of |
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other references in this Act to the baseline year. |
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(6) | An order under this section is subject to affirmative resolution procedure. |
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3 | Consultation on order amending 2050 target or baseline year |
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(1) | Before laying before Parliament a draft of a statutory instrument containing an |
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order under section 2 (order amending the 2050 target or the baseline year), the |
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(a) | obtain, and take into account, the advice of the Committee on Climate |
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(b) | take into account any representations made by the other national |
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(2) | The Committee must, at the time it gives its advice to the Secretary of State, |
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send a copy to the other national authorities. |
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(3) | As soon as is reasonably practicable after giving its advice to the Secretary of |
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State, the Committee must publish that advice in such manner as it considers |
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(4) | The Secretary of State may proceed to lay such a draft statutory instrument |
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before Parliament without having received a national authority’s |
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representations if the authority does not provide them before the end of the |
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period of three months beginning with the date the Committee’s advice was |
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(5) | At the same time as laying such a draft statutory instrument before Parliament, |
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the Secretary of State must publish a statement setting out whether and how |
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the order takes account of any representations made by the other national |
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(6) | If the order makes provision different from that recommended by the |
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Committee, the Secretary of State must also publish a statement setting out the |
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reasons for that decision. |
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(7) | A statement under this section may be published in such manner as the |
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Secretary of State thinks fit. |
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(1) | It is the duty of the Secretary of State— |
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(a) | to set for each succeeding period of five years beginning with the |
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period 2008-2012 (“budgetary periods”) an amount for the net UK |
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carbon account (the “carbon budget”), and |
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(b) | to ensure that the net UK carbon account for a budgetary period does |
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not exceed the carbon budget. |
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(2) | The carbon budget for a budgetary period may be set at any time after this Part |
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comes into force, and must be set— |
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(a) | for the periods 2008-2012, 2013-2017 and 2018-2022, before 1st June |
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(b) | for any later period, not later than 30th June in the 12th year before the |
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beginning of the period in question. |
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5 | Level of carbon budgets |
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(a) | for the budgetary period including the year 2020, must be such that the |
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annual equivalent of the carbon budget for the period is at least 26% |
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lower than the 1990 baseline; |
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(b) | for the budgetary period including the year 2050, must be such that the |
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annual equivalent of the carbon budget for the period is lower than the |
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1990 baseline by at least the percentage specified in section 1 (the target |
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(c) | for the budgetary period including any later year specified by order of |
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the Secretary of State, must be such that the annual equivalent of the |
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carbon budget for the period is— |
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(i) | lower than the 1990 baseline by at least the percentage so |
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(ii) | at least the minimum percentage so specified, and not more |
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than the maximum percentage so specified, lower than the 1990 |
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(2) | The “annual equivalent”, in relation to the carbon budget for a period, means |
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the amount of the carbon budget for the period divided by the number of years |
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(3) | An order under this section is subject to affirmative resolution procedure. |
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6 | Amendment of target percentages |
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(1) | The Secretary of State may by order amend— |
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(a) | the percentage specified in section 5(1)(a); |
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(b) | any percentage specified under section 5(1)(c). |
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(2) | That power may only be exercised— |
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(a) | if it appears to the Secretary of State that there have been significant |
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(i) | scientific knowledge about climate change, or |
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(ii) | European or international law or policy, |
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| that make it appropriate to do so, or |
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(b) | in connection with the making of— |
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(i) | an order under section 23 (designation of further greenhouse |
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gases as targeted greenhouse gases), or |
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(ii) | regulations under section 29 (emissions from international |
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aviation or international shipping). |
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(3) | The developments in scientific knowledge referred to in subsection (2)(a) are— |
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(a) | in relation to the first exercise of the power conferred by this section in |
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relation to the percentage specified in section 5(1)(a), developments |
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since June 2000 (the date of the Royal Commission on Environmental |
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Pollution’s 22nd Report, “Energy - the Changing Climate”); |
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(b) | in relation to the first exercise of the power conferred by this section in |
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relation to any percentage specified under section 5(1)(c), |
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developments since the evidential basis for the order setting that |
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percentage was established; |
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(c) | in relation to a subsequent exercise of any of those powers, |
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developments since the evidential basis for the previous exercise was |
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(4) | An order under this section is subject to affirmative resolution procedure. |
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7 | Consultation on order setting or amending target percentages |
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(1) | Before laying before Parliament a draft of a statutory instrument containing an |
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order under section 5(1)(c) (order setting target percentage) or section 6 (order |
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amending target percentage), the Secretary of State must— |
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(a) | obtain, and take into account, the advice of the Committee on Climate |
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(b) | take into account any representations made by the other national |
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(2) | The Committee must, at the time it gives its advice to the Secretary of State, |
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send a copy to the other national authorities. |
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(3) | As soon as is reasonably practicable after giving its advice to the Secretary of |
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State, the Committee must publish that advice in such manner as it considers |
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(4) | The Secretary of State may proceed to lay such a draft statutory instrument |
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before Parliament without having received a national authority’s |
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representations if the authority does not provide them before the end of the |
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period of three months beginning with the date the Committee’s advice was |
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(5) | At the same time as laying such a draft statutory instrument before Parliament, |
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the Secretary of State must publish a statement setting out whether and how |
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the order takes account of any representations made by the other national |
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(6) | If the order makes provision different from that recommended by the |
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Committee, the Secretary of State must also publish a statement setting out the |
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reasons for that decision. |
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(7) | A statement under this section may be published in such manner as the |
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Secretary of State thinks fit. |
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8 | Setting of carbon budgets for budgetary periods |
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(1) | The Secretary of State must set the carbon budget for a budgetary period by |
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(2) | The carbon budget for a period must be set with a view to meeting— |
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(a) | the target in section 1 (the target for 2050), and |
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(b) | the requirements of section 5 (requirements as to level of carbon |
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| and complying with the European and international obligations of the United |
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(3) | An order setting a carbon budget is subject to affirmative resolution procedure. |
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9 | Consultation on carbon budgets |
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(1) | Before laying before Parliament a draft of a statutory instrument containing an |
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order under section 8 (order setting carbon budget), the Secretary of State |
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(a) | take into account the advice of the Committee on Climate Change |
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under section 33 (advice in connection with carbon budgets), and |
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(b) | take into account any representations made by the other national |
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(2) | The Secretary of State may proceed to lay such a draft statutory instrument |
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before Parliament without having received a national authority’s |
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representations if the authority does not provide them before the end of the |
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period of three months beginning with the date the Committee’s advice was |
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(3) | At the same time as laying such a draft statutory instrument before Parliament, |
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the Secretary of State must publish a statement setting out whether and how |
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the order takes account of any representations made by the other national |
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(4) | If the order sets the carbon budget at a different level from that recommended |
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by the Committee, the Secretary of State must also publish a statement setting |
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out the reasons for that decision. |
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(5) | A statement under this section may be published in such manner as the |
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Secretary of State thinks fit. |
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10 | Matters to be taken into account in connection with carbon budgets |
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(1) | The following matters must be taken into account— |
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(a) | by the Secretary of State in coming to any decision under this Part |
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relating to carbon budgets, and |
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(b) | by the Committee on Climate Change in considering its advice in |
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relation to any such decision. |
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(2) | The matters to be taken into account are— |
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(a) | scientific knowledge about climate change; |
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(b) | technology relevant to climate change; |
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(c) | economic circumstances, and in particular the likely impact of the |
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decision on the economy and the competitiveness of particular sectors |
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(d) | fiscal circumstances, and in particular the likely impact of the decision |
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on taxation, public spending and public borrowing; |
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(e) | social circumstances, and in particular the likely impact of the decision |
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(f) | energy policy, and in particular the likely impact of the decision on |
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energy supplies and the carbon and energy intensity of the economy; |
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(g) | differences in circumstances between England, Wales, Scotland and |
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(h) | circumstances at European and international level. |
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(3) | Nothing in this section is to be read as restricting the matters that the Secretary |
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of State or the Committee may take into account. |
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11 | Duty to provide indicative annual ranges for net UK carbon account |
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(1) | As soon as is reasonably practicable after making an order setting the carbon |
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budget for a budgetary period, the Secretary of State must lay before |
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Parliament a report setting out an indicative annual range for the net UK |
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carbon account for each year within the period. |
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(2) | An “indicative annual range”, in relation to a year, is a range within which the |
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Secretary of State expects the amount of the net UK carbon account for the year |
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(3) | Before laying a report under this section before Parliament, the Secretary of |
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State must consult the other national authorities on the indicative annual |
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ranges set out in the report. |
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(4) | The Secretary of State must send a copy of the report to those authorities. |
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