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Climate Change Bill [HL]


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

1

 

A

Bill

[AS AMENDED IN COMMITTEE]

To

Set a target for the year 2050 for the reduction of targeted greenhouse gas

emissions; to provide for a system of carbon budgeting; to establish a

Committee on Climate Change; to confer powers to establish trading schemes

for the purpose of limiting greenhouse gas emissions or encouraging activities

that reduce such emissions or remove greenhouse gas from the atmosphere; to

make provision about adaptation to climate change; to confer powers to make

schemes for providing financial incentives to produce less domestic waste and

to recycle more of what is produced; to amend the provisions of the Energy

Act 2004 about renewable transport fuel obligations; to make other provision

about climate change; and for connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

Part 1

Carbon target and budgeting

The target for 2050

1       

The target for 2050

(1)   

It is the duty of the Secretary of State to ensure that the net UK carbon account

5

for the year 2050 is at least 60% lower than the 1990 baseline.

(2)   

“The 1990 baseline” means the amount of net UK emissions of targeted

greenhouse gases for the year 1990.

 
HL Bill 2954/3
 
 

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

2

 

2       

Amendment of 2050 target or baseline year

(1)   

The Secretary of State may by order—

(a)   

amend the percentage specified in section 1(1);

(b)   

amend section 1 to provide for a different year to be the baseline year.

(2)   

The power in subsection (1)(a) may only be exercised—

5

(a)   

if it appears to the Secretary of State that there have been significant

developments in—

(i)   

scientific knowledge about climate change, or

(ii)   

European or international law or policy,

   

that make it appropriate to do so, or

10

(b)   

in connection with the making of—

(i)   

an order under section 19 (designation of further greenhouse

gases as targeted greenhouse gases), or

(ii)   

regulations under section 25 (emissions from international

aviation or international shipping).

15

(3)   

The developments in scientific knowledge referred to in subsection (2) are—

(a)   

in relation to the first exercise of the power in subsection (1)(a),

developments since June 2000 (the date of the Royal Commission on

Environmental Pollution's 22nd Report, “Energy - the Changing

Climate”);

20

(b)   

in relation to a subsequent exercise of that power, developments since

the evidential basis for the previous exercise was established.

(4)   

The power in subsection (1)(b) may only be exercised if it appears to the

Secretary of State that there have been significant developments in European

or international law or policy that make it appropriate to do so.

25

(5)   

An order under subsection (1)(b) may make consequential amendments of

other references in this Act to the baseline year.

(6)   

An order under this section is subject to affirmative resolution procedure.

3       

Consultation on order amending 2050 target or baseline year

(1)   

Before laying before Parliament a draft of a statutory instrument containing an

30

order under section 2 (order amending the 2050 target or the baseline year), the

Secretary of State must—

(a)   

obtain, and take into account, the advice of the Committee on Climate

Change, and

(b)   

take into account any representations made by the other national

35

authorities.

(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)   

The Secretary of State may proceed to lay such a draft statutory instrument

before Parliament without having received a national authority’s

40

representations if the authority does not provide them before the end of the

period of three months beginning with the date the Committee’s advice was

sent to the authority.

(4)   

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

45

 
 

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

3

 

the order takes account of any representations made by the other national

authorities.

(5)   

The statement may be published in such manner as the Secretary of State thinks

fit.

Carbon budgeting

5

4       

Carbon budgets

(1)   

It is the duty of the Secretary of State—

(a)   

to set for each succeeding period of five years beginning with the

period 2008-2012 (“budgetary periods”) an amount for the net UK

carbon account (the “carbon budget”), and

10

(b)   

to ensure that the net UK carbon account for a budgetary period does

not exceed the carbon budget.

(2)   

The carbon budget for a budgetary period may be set at any time after this Part

comes into force, and must be set—

(a)   

for the periods 2008-12, 2013-2017 and 2018-2022, before 28th February

15

2009;

(b)   

for any later period, not later than 30th June in the 12th year before the

beginning of the period in question.

5       

Level of carbon budgets

(1)   

The carbon budget—

20

(a)   

for the budgetary period including the year 2020, must be such that the

annual equivalent of the carbon budget for the period is at least 26%,

but not more than 32%, lower than the 1990 baseline;

(b)   

for the budgetary period including the year 2050, must be such that the

annual equivalent of the carbon budget for the period is lower than the

25

1990 baseline by at least the percentage specified in section 1 (the target

for 2050);

(c)   

for the budgetary period including any later year specified by order of

the Secretary of State, must be such that the annual equivalent of the

carbon budget for the period is—

30

(i)   

lower than the 1990 baseline by at least the percentage so

specified, or

(ii)   

at least the minimum percentage so specified, and not more

than the maximum percentage so specified, lower than the 1990

baseline.

35

(2)   

The “annual equivalent”, in relation to the carbon budget for a period, means

the amount of the carbon budget for the period divided by the number of years

in the period.

(3)   

An order under this section is subject to affirmative resolution procedure.

6       

Amendment of target percentages

40

(1)   

The Secretary of State may by order amend—

(a)   

the percentages specified in section 5(1)(a);

(b)   

any percentage specified under section 5(1)(c).

 
 

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

4

 

(2)   

That power may only be exercised—

(a)   

if it appears to the Secretary of State that there have been significant

developments in—

(i)   

scientific knowledge about climate change, or

(ii)   

European or international law or policy,

5

   

that make it appropriate to do so, or

(b)   

in connection with the making of—

(i)   

an order under section 19 (designation of further greenhouse

gases as targeted greenhouse gases), or

(ii)   

regulations under section 25 (emissions from international

10

aviation or international shipping).

(3)   

The developments in scientific knowledge referred to in subsection (2)(a) are—

(a)   

in relation to the first exercise of the power conferred by this section in

relation to the percentages specified in section 5(1)(a), developments

since June 2000 (the date of the Royal Commission on Environmental

15

Pollution's 22nd Report, “Energy - the Changing Climate”);

(b)   

in relation to the first exercise of the power conferred by this section in

relation to any percentage specified under section 5(1)(c),

developments since the evidential basis for the order setting that

percentage was established;

20

(c)   

in relation to a subsequent exercise of any of those powers,

developments since the evidential basis for the previous exercise was

established.

(4)   

An order under this section is subject to affirmative resolution procedure.

7       

Consultation on order setting or amending target percentages

25

(1)   

Before laying before Parliament a draft of a statutory instrument containing an

order under section 5(1)(c) (order setting target percentage) or section 6 (order

amending target percentage), the Secretary of State must—

(a)   

obtain, and take into account, the advice of the Committee on Climate

Change, and

30

(b)   

take into account any representations made by the other national

authorities.

(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)   

The Secretary of State may proceed to lay such a draft statutory instrument

35

before Parliament without having received a national authority’s

representations if the authority does not provide them before the end of the

period of three months beginning with the date the Committee’s advice was

sent to the authority.

(4)   

At the same time as laying such a draft statutory instrument before Parliament,

40

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

authorities.

(5)   

The statement may be published in such manner as the Secretary of State thinks

fit.

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