Climate Change Bill [HL]

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Climate Change Bill [HL]

Climate Change Bill [HL]
Part 1 — Carbon target and budgeting
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Proposals and policies for meeting carbon budgets
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Duty to prepare proposals and policies for meeting carbon budgets
(1)
The Secretary of State must prepare such proposals and policies as the
Secretary of State considers will enable the carbon budgets that have been set
under this Act to be met.
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(2)
The proposals and policies must be prepared with a view to meeting—
(a)
the target in section 1 (the target for 2050), and
(b)
any target set under section 5(1)(c) (power to set targets for later years).
(3)
The proposals and policies, taken as a whole, must be such as to contribute to
sustainable development.
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(4)
In preparing the proposals and policies, the Secretary of State may take into
account the proposals and policies the Secretary of State considers may be
prepared by other national authorities.
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Duty to report on proposals and policies for meeting carbon budgets
(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
Parliament a report setting out proposals and policies for meeting the carbon
budgets for the current and future budgetary periods up to and including that
period.
(2)
The report must, in particular, set out—
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(a)
the Secretary of State’s current proposals and policies under section 12,
and
(b)
the time-scales over which those proposals and policies are expected to
take effect.
(3)
The report must explain how the proposals and policies set out in the report
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affect different sectors of the economy.
(4)
The report must outline the implications of the proposals and policies as
regards the crediting of carbon units to the net UK carbon account for each
budgetary period covered by the report.
(5)
So far as the report relates to proposals and policies of the Scottish Ministers,
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the Welsh Ministers or a Northern Ireland department, it must be prepared in
consultation with that authority.
(6)
The Secretary of State must send a copy of the report to those authorities.
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Duty to have regard to need for UK domestic action on climate change
(1)
In exercising functions under this Part involving consideration of how to
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meet—
(a)
the target in section 1(1) (the target for 2050), or
(b)
the carbon budget for any period,

the Secretary of State must have regard to the need for UK domestic action on
climate change.
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Climate Change Bill [HL]
Part 1 — Carbon target and budgeting
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(2)
“UK domestic action on climate change” means reductions in UK emissions of
targeted greenhouse gases or increases in UK removals of such gases (or both).
Determination whether objectives met
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Annual statement of UK emissions
(1)
It is the duty of the Secretary of State to lay before Parliament in respect of each
5
year, beginning with the year 2008, a statement containing the following
information.
(2)
In respect of each greenhouse gas (whether or not a targeted greenhouse gas),
it must—
(a)
state the amount for the year of UK emissions, UK removals and net UK
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emissions of that gas,
(b)
identify the methods used to measure or calculate those amounts, and
(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
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and net UK emissions of all greenhouse gases.
(4)
If in accordance with international carbon reporting practice a change of
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
adjusted amount.
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(5)
If emissions of a greenhouse gas from international aviation or international
shipping are not required to be included in the statement by 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.
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(6)
It must—
(a)
state the total amount of carbon units that have been credited to or
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.
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(8)
It must state—
(a)
the amount of net UK emissions of each targeted greenhouse gas for the
year 1990, and
(b)
a baseline amount for each greenhouse gas that is not a targeted
greenhouse gas, determined on such basis as the Secretary of State
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considers appropriate.
(9)
The amount referred to in subsection (8)(b) may be—
(a)
the amount of net UK emissions of the gas for the year 1990 or a
different year, or
(b)
the average amount of net UK emissions of the gas for a number of
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years.
(10)
The statement required by this section must be laid before Parliament not later
than 31st March in the second year following that to which it relates.

Climate Change Bill [HL]
Part 1 — Carbon target and budgeting
9

(11)
The Secretary of State must send a copy of the statement to the other national
authorities.
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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
budgetary period to the preceding budgetary period.
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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.
(3)
The Secretary of State may decide to carry forward the whole or part of any
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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.
(4)
Before deciding to carry an amount back or forward under this section, the
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Secretary of State must—
(a)
consult the other national authorities, and
(b)
obtain, and take into account, the advice of the Committee on Climate
Change.
(5)
Any such decision must be made no later than 31st May in the second year after
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the end of the earlier of the two budgetary periods affected.
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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.
(2)
In respect of each targeted greenhouse gas, it must state the final amount for
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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
in the period.
(3)
It must—
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(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.
(5)
It must state whether the Secretary of State has decided to carry an amount
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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
conferred by section 16 (powers to carry amounts from one budgetary period
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to another) and any alteration of the budget under section 20.

Climate Change Bill [HL]
Part 1 — Carbon target and budgeting
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(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.
(8)
If the carbon budget for the period has not been met, the statement must
explain why it has not been met.
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(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
relates.
(10)
The Secretary of State must send a copy of the statement to the other national
authorities.
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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
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the excess emissions.
(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.
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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.
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That is the amount stated for that year in respect of that gas under section 15
(annual statement of UK emissions).
(3)
It must—
(a)
state the amount of carbon units that have been credited to or debited
from the net UK carbon account for the year, and
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(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 1 (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.
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(6)
If the target has not been met, the statement must explain why it has not been
met.
(7)
The statement required by this section must be laid before Parliament not later
than 31st May 2052.
(8)
The Secretary of State must send a copy of the statement to the other national
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authorities.