Climate Change Bill [HL]

House of Lords

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
5

8
Setting of carbon budgets for budgetary periods
(1)
The Secretary of State must set the carbon budget for a budgetary period by
order.
(2)
The carbon budget for a period must be set with a view to meeting—
(a)
the target in section 1 (the target for 2050), and
5
(b)
the requirements of section 5 (requirements as to level of carbon
budgets),

and complying with the European and international obligations of the United
Kingdom.
(3)
An order setting a carbon budget is subject to affirmative resolution procedure.
10
9
Consultation on carbon budgets
(1)
Before laying before Parliament a draft of a statutory instrument containing an
order under section 8 (order setting carbon budget), the Secretary of State
must—
(a)
obtain, and take into account, the advice of the Committee on Climate
15
Change, and
(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.
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(3)
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
period of three months beginning with the date the Committee’s advice was
sent to the authority.
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(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
the order takes account of any representations made by the other national
authorities.
(5)
If the order sets the carbon budget at a different level from that recommended
30
by the Committee, the Secretary of State must also publish a statement setting
out the reasons for that decision.
(6)
A statement under this section may be published in such manner as the
Secretary of State thinks fit.
10
Matters to be taken into account in connection with carbon budgets
35
(1)
The following matters must be taken into account—
(a)
by the Secretary of State in coming to any decision under this Part
relating to carbon budgets, and
(b)
by the Committee on Climate Change in considering its advice in
relation to any such decision.
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(2)
The matters to be taken into account are—
(a)
scientific knowledge about climate change;
(b)
technology relevant to climate change;

Climate Change Bill [HL]
Part 1 — Carbon target and budgeting
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(c)
economic circumstances, and in particular the likely impact of the
decision on the economy and the competitiveness of particular sectors
of the economy;
(d)
fiscal circumstances, and in particular the likely impact of the decision
on taxation, public spending and public borrowing;
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(e)
social circumstances, and in particular the likely impact of the decision
on fuel poverty;
(f)
energy policy, and in particular the likely impact of the decision on
energy supplies and the carbon and energy intensity of the economy;
(g)
differences in circumstances between England, Wales, Scotland and
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Northern Ireland;
(h)
circumstances at European and international level.
(3)
Nothing in this section is to be read as restricting the matters that the Secretary
of State or the Committee may take into account.
11
Duty to report on proposals and policies for meeting carbon budgets
15
(1)
As soon as is reasonably practicable after making an order setting the carbon
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.
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(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.
Determination whether objectives met
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12
Annual statement of UK emissions
(1)
It is the duty of the Secretary of State to lay before Parliament in respect of each
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),
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it must—
(a)
state the amount for the year of UK emissions, UK removals and net UK
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
35
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
method is such as to require adjustment of an amount for an earlier year in the
40
same budgetary period, it must specify the adjustment required and state the
adjusted amount.

Climate Change Bill [HL]
Part 1 — Carbon target and budgeting
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(5)
If emissions of a greenhouse gas from international aviation or from
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 budgetary period in
which the year falls, and
(b)
give details of the number and type of those carbon units.
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(7)
It must state the amount of the net UK carbon account for that budgetary
period.
(8)
The amounts referred to in subsections (6) and (7) must be stated as at the latest
date before the date of the statement as is reasonably practicable.
(9)
The statement required by this section must be laid before Parliament not later
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than 31st March in the second year following that to which it relates.
(10)
The Secretary of State must send a copy of the statement to the other national
authorities.
13
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
20
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.
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(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.
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(4)
Before deciding to carry an amount back or forward under this section, the
Secretary of State—
(a)
must consult the other national authorities, and
(b)
must obtain, and take into account, the advice of the Committee on
Climate Change.
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(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.
14
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.
40
(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.

Climate Change Bill [HL]
Part 1 — Carbon target and budgeting
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That is the total of the amounts (or adjusted amounts) stated under section 12
(annual statement of UK emissions) in respect of that gas for the years included
in the period.
(3)
It must—
(a)
state the final amount of carbon units that have been credited to or
5
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
back under section 13(1) (power to carry amount back from the budget for the
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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 13 (powers to carry amounts from one budgetary period
to another) and any alteration of the budget under section 16.
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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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15
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.
30

That is the amount stated for that year in respect of that gas under section 12
(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
35
(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.

Climate Change Bill [HL]
Part 1 — Carbon target and budgeting
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(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
authorities.
Alteration of budgets or budgetary periods
5
16
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
by which a budget for the period was required to be set only if it appears to the
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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
period has begun only if it appears to the Secretary of State that there have been
15
such changes since the period began.
(4)
An order revoking or amending an order setting a carbon budget is subject to
affirmative resolution procedure.
17
Consultation on alteration of carbon budgets
(1)
Before laying before Parliament a draft of a statutory instrument containing an
20
order under section 16 (alteration of carbon budgets), 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
25
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
30
representations if the authority does not provide them before the end of the
relevant period.
(4)
The relevant period is—
(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
35
authority, or
(b)
otherwise, three months beginning with that date.
(5)
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
the order takes account of any representations made by the other national
40
authorities.
(6)
The statement may be published in such manner as the Secretary of State thinks
fit.