|
| |
|
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. |
| |
(2) | An order setting the carbon budget for a period may be amended after the date |
| 5 |
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. |
| |
(3) | An order setting the carbon budget for a period may be amended after the |
| 10 |
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) | An order revoking or amending an order setting a carbon budget is subject to |
| 15 |
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 |
| |
| 20 |
(a) | obtain, and take into account, the advice of the Committee on Climate |
| |
| |
(b) | take into account any representations made by the other national |
| |
| |
(2) | The Committee must, at the time it gives its advice to the Secretary of State, |
| 25 |
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 |
| |
| |
(4) | The Secretary of State may proceed to lay such a draft statutory instrument |
| 30 |
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— |
| |
(a) | if the budgetary period to which the order relates has begun, one |
| 35 |
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, |
| |
the Secretary of State must publish a statement setting out whether and how |
| 40 |
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 |
| |
reasons for that decision. |
| |
(8) | A statement under this section may be published in such manner as the |
| |
Secretary of State thinks fit. |
| 5 |
22 | Alteration of budgetary periods |
| |
(1) | The Secretary of State may by order amend section 4(1)(a) so as to alter— |
| |
(a) | the length of the budgetary periods, or |
| |
(b) | the dates in the calendar year on which the budgetary periods begin |
| |
| 10 |
(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 |
| 15 |
| |
(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. |
| 20 |
(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— |
| |
| 25 |
(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— |
| 30 |
(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 |
| 35 |
| |
(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 |
| 40 |
| |
|
| |
|
| |
|
(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 |
| |
dioxide, the amount of net UK emissions for the year 1990. |
| 5 |
(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 |
| |
average amount of net UK emissions of the gas for those years, to be treated for |
| 10 |
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 |
| 15 |
| |
(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 |
| 20 |
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. |
| 25 |
Carbon units, carbon accounting and the net UK carbon account |
| |
25 | 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— |
| |
(a) | a reduction in an amount of greenhouse gas emissions, |
| 30 |
(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— |
| |
(a) | for registering or otherwise keeping track of carbon units, or |
| 35 |
(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 |
| |
adapted for these purposes. |
| 40 |
(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, |
| |
procedure and otherwise as the Secretary of State considers |
| |
| |
(c) | conferring power on the Secretary of State to give guidance or |
| 5 |
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 |
| |
| |
(e) | requiring the payment by persons using the scheme of charges (of an |
| 10 |
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 |
| |
Secretary of State considers appropriate. |
| 15 |
| |
(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 |
| |
account for the period in accordance with regulations under this |
| 20 |
| |
(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 |
| |
| |
(2) | The Secretary of State must make provision by regulations about— |
| 25 |
(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 |
| |
(c) | the manner in which this is to be done. |
| 30 |
(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— |
| |
(a) | for determining whether the total amount of carbon units allocated to |
| 35 |
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 |
| |
| 40 |
(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. |
| |
27 | Procedure for regulations under section 25 or 26 |
| |
(1) | The following provisions apply in relation to regulations under section 25 |
| 45 |
(carbon units and carbon accounting) or section 26 (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 |
| |
regulations made under those sections, |
| |
(c) | they alter the amount by which— |
| 5 |
(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 |
| |
(d) | they make modifications of an enactment contained in primary |
| 10 |
| |
(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, |
| |
before laying before Parliament a draft of a statutory instrument |
| 15 |
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 |
| |
Committee on Climate Change before laying before Parliament a draft of a |
| 20 |
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 |
| |
| |
Other supplementary provisions |
| 25 |
28 | UK emissions and removals of greenhouse gases |
| |
| |
(a) | “UK emissions”, in relation to a greenhouse gas, means emissions of |
| |
that gas from sources in the United Kingdom; |
| |
(b) | “UK removals”, in relation to a greenhouse gas, means removals of that |
| 30 |
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 |
| |
by the amount for the period of UK removals of that gas. |
| 35 |
(2) | The amount of UK emissions and UK removals of a greenhouse gas for a |
| |
period must be determined consistently with international carbon reporting |
| |
| |
29 | Emissions from international aviation or international shipping |
| |
(1) | Emissions of greenhouse gases from international aviation or international |
| 40 |
shipping do not count as emissions from sources in the United Kingdom for the |
| |
purposes of this Part, except as provided by regulations made by the Secretary |
| |
| |
|
| |
|
| |
|
(2) | The Secretary of State may by order define what is to be regarded for this |
| |
purpose as international aviation or international shipping. |
| |
| Any such order is subject to affirmative resolution procedure. |
| |
(3) | The Secretary of State must, before the end of the period of five years beginning |
| |
with the passing of this Act— |
| 5 |
(a) | make provision by regulations as to the circumstances in which, and |
| |
the extent to which, emissions from international aviation or |
| |
international shipping are to be regarded for the purposes of this Part |
| |
as emissions from sources in the United Kingdom, or |
| |
(b) | lay before Parliament a report explaining why regulations making such |
| 10 |
provision have not been made. |
| |
(4) | The expiry of the period mentioned in subsection (3) does not affect the power |
| |
of the Secretary of State to make regulations under this section. |
| |
(5) | Regulations under this section— |
| |
(a) | may make provision only in relation to emissions of a targeted |
| 15 |
| |
(b) | may, in particular, provide for such emissions to be regarded as |
| |
emissions from sources in the United Kingdom if they relate to the |
| |
transport of passengers or goods to or from the United Kingdom. |
| |
(6) | Regulations under this section may make provision— |
| 20 |
(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 |
| |
(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. |
| 25 |
(7) | They may, in particular— |
| |
(a) | designate a different base year, or |
| |
(b) | designate a number of base years, |
| |
| 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. |
| 30 |
30 | Procedure for regulations under section 29 |
| |
(1) | Before making regulations under section 29, the Secretary of State must obtain, |
| |
and take into account, the advice of the Committee on Climate Change. |
| |
(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 |
| 35 |
| |
(3) | If the regulations make provision different from that recommended by the |
| |
Committee, the Secretary of State must publish a statement setting out the |
| |
reasons for that decision. |
| |
(4) | The statement may be published in such manner as the Secretary of State thinks |
| 40 |
| |
(5) | Regulations under section 29 are subject to affirmative resolution procedure. |
| |
|
| |
|
| |
|
| |
The Committee on Climate Change |
| |
| |
31 | The Committee on Climate Change |
| |
(1) | There shall be a body corporate to be known as the Committee on Climate |
| 5 |
Change or, in Welsh, as y Pwyllgor ar Newid Hinsawdd (referred to in this Part |
| |
| |
(2) | Schedule 1 contains further provisions about the Committee. |
| |
Functions of the Committee |
| |
32 | Advice on level of 2050 target |
| 10 |
(1) | It is the duty of the Committee to advise the Secretary of State on— |
| |
(a) | whether the percentage specified in section 1(1) (the target for 2050) |
| |
| |
(b) | if so, what the amended percentage should be. |
| |
(2) | Advice given by the Committee under this section must also contain the |
| 15 |
| |
(3) | The Committee must give its advice under this section before 1st December |
| |
| |
(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. |
| 20 |
(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 |
| |
| |
33 | Advice in connection with carbon budgets |
| |
(1) | It is the duty of the Committee to advise the Secretary of State, in relation to |
| 25 |
each budgetary period, on— |
| |
(a) | the level of the carbon budget for the period, |
| |
(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 |
| |
| 30 |
(ii) | by the use of carbon units that in accordance with regulations |
| |
under sections 25 and 26 may be credited to the net UK carbon |
| |
| |
(c) | the respective contributions towards meeting the carbon budget for the |
| |
period that should be made— |
| 35 |
(i) | by the sectors of the economy covered by trading schemes |
| |
| |
(ii) | by the sectors of the economy not so covered (taken as a whole), |
| |
| |
|
| |
|