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Climate Change Bill [HL]


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

15

 

(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—

(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

5

(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

legislation.

(3)   

Otherwise the regulations are subject to negative resolution procedure.

10

(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

containing the regulations;

(b)   

in the case of regulations subject to negative resolution procedure,

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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

statutory instrument containing—

(a)   

the first regulations to be made under those sections, or

20

(b)   

regulations making provision of the kind described in paragraph (b) or

(c) of subsection (2).

Other supplementary provisions

29      

UK emissions and removals of greenhouse gases

(1)   

In this Part—

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(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

gas from the atmosphere due to land use, land-use change or forestry

activities in the United Kingdom;

30

(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.

(2)   

The amount of UK emissions and UK removals of a greenhouse gas for a

period must be determined consistently with international carbon reporting

35

practice.

30      

Emissions from international passenger travel or imports or exports of goods

(1)   

Emissions from international passenger travel do not count as emissions from

sources in the United Kingdom for the purposes of this Part, except as

provided by regulations under this section.

40

(2)   

Emissions from imports or exports of goods do not count as emissions from

sources in the United Kingdom for the purposes of this Part, except as

provided by regulations under this section.

 
 

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

16

 

(3)   

The Secretary of State must make provisions by regulations as to the

circumstances in which, and the extent to which, emissions from international

passenger travel from the United Kingdom are to be regarded for the purposes

of this Part as emissions from sources in the United Kingdom.

(4)   

The Secretary of State must make provisions by regulations as to the

5

circumstances in which, and the extent to which, emissions from imports of

goods to the United Kingdom are to be regarded for the purposes of this Part

as emissions from sources in the United Kingdom.

(5)   

The Secretary of State must—

(a)   

lay the regulations referred to in subsections (3) and (4) within the

10

period of five years beginning with the day this Act is passed, or

(b)   

lay before both Houses of Parliament a report explaining why the

regulations have not been laid within that period.

(6)   

Regulations under this section may make provision—

(a)   

as to the period or periods (whether past or future) in which emissions

15

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.

(7)   

They may, in particular—

20

(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.

31      

Procedure for regulations under section 30

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(1)   

Before making regulations under section 30, 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

appropriate.

30

(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

fit.

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(5)   

Regulations under section 30 are subject to affirmative resolution procedure.

 
 

Climate Change Bill [HL]
Part 2 — The Committee on Climate Change

17

 

Part 2

The Committee on Climate Change

The Committee

32      

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

as “the Committee”).

(2)   

Schedule 1 contains further provisions about the Committee.

Functions of the Committee

33      

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 2(1) (the target for 2050)

should be amended, and

(b)   

if so, what the amended percentage should be.

(2)   

Advice given by the Committee under this section must also contain the

15

reasons for that advice.

(3)   

The Committee must give its advice under this section before 1st December

2008.

(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.

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(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

appropriate.

34      

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

greenhouse gases, or

30

(ii)   

by the use of carbon units that in accordance with regulations

under sections 26 and 27 may be credited to the net UK carbon

account for the period,

(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

(taken as a whole);

(ii)   

by the sectors of the economy not so covered (taken as a whole),

and

 
 

Climate Change Bill [HL]
Part 2 — The Committee on Climate Change

18

 

(d)   

the sectors of the economy in which there are particular opportunities

for contributions to be made towards meeting the carbon budget for the

period through reductions in emissions of targeted greenhouse gases.

(2)   

In relation to the budgetary period 2008-2012, the Committee must also advise

the Secretary of State on—

5

(a)   

whether it would be consistent with its advice on the level of the carbon

budget for the period to set a carbon budget such that the annual

equivalent for the period was lower than the 1990 baseline by 20%, and

(b)   

the costs and benefits of setting such a budget.

(3)   

Advice given by the Committee under this section must also contain the

10

reasons for that advice.

(4)   

The Committee must give its advice under this section—

(a)   

for the budgetary periods 2008-2012, 2013-2017 and 2018-2022, before

1st December 2008;

(b)   

for any later period, not later than six months before the last date for

15

setting the carbon budget for the period (see section 5(2)(b)).

(5)   

It is the duty of the Committee, acting through the Adaptation Sub-Committee,

to provide expert advice to the Secretary of State in relation to—

(a)   

the preparation of, and the adequacy of, any programme under section

56 to address the risks identified in the most recent report under section

20

55;

(b)   

the contribution of the objectives, proposals and policies mentioned in

section 56(1) to sustainable development;

(c)   

any assessment for the second and each subsequent programme of the

progress made towards implementing those objectives, proposals and

25

policies set out in earlier programmes as required by section 56(3); and

(d)   

the need for directions by the Secretary of State to a reporting authority

under section 60.

(6)   

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.

30

(7)   

As soon as is reasonably practicable after giving its advice under this section

the Committee must publish that advice in such manner as it considers

appropriate.

35      

Reports on progress

(1)   

It is the duty of the Committee to lay before Parliament and each of the

35

devolved legislatures each year, beginning with the year 2009, a report setting

out the Committee’s views on—

(a)   

the progress that has been made towards meeting the carbon budgets

that have been set under Part 1 and the target in section 2 (the target for

2050),

40

(b)   

the further progress that is needed to meet those budgets and that

target, and

(c)   

whether those budgets and that target are likely to be met.

(2)   

The Committee’s report in the second year after the end of a budgetary period

must also set out the Committee’s general views on—

45

(a)   

the way in which the budget for the period was or was not met, and

 
 

Climate Change Bill [HL]
Part 2 — The Committee on Climate Change

19

 

(b)   

action taken during the period to reduce net UK emissions of targeted

greenhouse gases.

(3)   

The Committee’s report must also set out the Committee’s views on the

programme for adaptation to climate change published by the Secretary of

State under section 56 and its implementation, and any further action required

5

as part of the programme.

(4)   

The first report under this section must be laid before Parliament and the

devolved legislatures not later than 30th September 2009.

(5)   

Each subsequent report under this section, other than one in the second year

after the end of a budgetary period, must be laid before Parliament and the

10

devolved legislatures not later than 30th June in the year in which it is made.

(6)   

A report in the second year after the end of a budgetary period must be laid

before Parliament and the devolved legislatures not later than 15th July in the

year in which it is made.

(7)   

The Secretary of State may by order extend the period mentioned in subsection

15

(5) or (6).

(8)   

Before making such an order the Secretary of State must consult the other

national authorities.

(9)   

Any such order is subject to negative resolution procedure.

36      

Response to Committee’s reports on progress

20

(1)   

The Secretary of State must lay before Parliament a response to the points

raised by each report of the Committee on Climate Change under section 35

(reports on progress).

(2)   

Before doing so, the Secretary of State must consult the other national

authorities on a draft of the response.

25

(3)   

The response to the Committee’s first report under section 35 must be laid

before Parliament not later than 15th January 2010.

(4)   

Each subsequent response must be laid before Parliament not later than 15th

October in the year in which the Committee’s report is made.

(5)   

The Secretary of State may by order extend that period.

30

(6)   

Any such order is subject to negative resolution procedure.

37      

Duty to provide advice or other assistance on request

(1)   

The Committee must, at the request of a national authority, provide advice,

analysis, information or other assistance to the authority in connection with—

(a)   

the authority’s functions under this Act,

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(b)   

the progress made towards meeting the objectives set by or under this

Act, or

(c)   

climate change generally.

(2)   

In particular, the Committee must, at the request of a national authority—

 
 

Climate Change Bill [HL]
Part 2 — The Committee on Climate Change

20

 

(a)   

advise the authority about any limit proposed to be set by a trading

scheme on the total amount of the activities to which the scheme

applies, or

(b)   

assist the authority in connection with the preparation of statistics

relating to greenhouse gas emissions.

5

(3)   

The Committee must, at the request of a national authority other than the

Secretary of State, provide advice, analysis, information or other assistance to

the authority in connection with any target, budget or similar requirement

relating to emissions of greenhouse gas that has been adopted by the authority

or to which the authority is otherwise subject.

10

Supplementary provisions

38      

General ancillary powers

(1)   

The Committee may do anything that appears to it necessary or appropriate for

the purpose of, or in connection with, the carrying out of its functions.

(2)   

In particular the Committee may—

15

(a)   

carry out or commission research,

(b)   

enter into contracts,

(c)   

acquire, hold and dispose of property,

(d)   

borrow money,

(e)   

accept gifts, and

20

(f)   

invest money.

(3)   

The Committee must have regard to the desirability of involving the public in

the exercise of its functions.

39      

Grants to the Committee

A national authority may make grants to the Committee of such amount and

25

subject to such conditions as the authority thinks fit.

40      

Powers to give guidance

(1)   

The national authorities may give the Committee guidance as to the matters it

is to take into account in the exercise of—

(a)   

its functions generally, or

30

(b)   

any of its functions under Schedule 1.

(2)   

The Secretary of State may give the Committee guidance as to the matters it is

to take into account in the exercise of its functions under—

(a)   

Part 1 (carbon target and budgeting),

(b)   

section 33 (advice on level of 2050 target),

35

(c)   

section 34 (advice in connection with carbon budgets), or

(d)   

section 35 (reports on progress).

   

Before giving such guidance, the Secretary of State must consult the other

national authorities.

(3)   

A national authority that requests the Committee to provide advice, analysis,

40

information or other assistance under—

 
 

Climate Change Bill [HL]
Part 2 — The Committee on Climate Change

21

 

(a)   

section 37 (duty to provide advice or assistance on request), or

(b)   

section 47 (advice on trading scheme regulations),

   

may give the Committee guidance as to the matters it is to take into account in

responding to that request.

   

If the request is made by two or more national authorities, the guidance must

5

be given by them jointly.

(4)   

The power to give guidance under this section includes power to vary or

revoke it.

(5)   

In performing its functions the Committee must have regard to any guidance

given under this section.

10

41      

Powers to give directions

(1)   

The national authorities may give the Committee directions as to the exercise

of—

(a)   

its functions generally, or

(b)   

any of its functions under Schedule 1.

15

(2)   

The Secretary of State may give the Committee directions as to the exercise of

its functions under—

(a)   

Part 1 (carbon target and budgeting),

(b)   

section 33 (advice on level of 2050 target),

(c)   

section 34 (advice in connection with carbon budgets), or

20

(d)   

section 35 (reports on progress).

   

Before giving such directions, the Secretary of State must consult the other

national authorities.

(3)   

A national authority that requests the Committee to provide advice, analysis,

information or other assistance under—

25

(a)   

section 37 (duty to provide advice or assistance on request), or

(b)   

section 47 (advice on trading scheme regulations),

   

may give the Committee directions as to the exercise of its functions in

responding to that request.

   

If the request is made by two or more national authorities, the directions must

30

be given by them jointly.

(4)   

The power to give directions under this section does not include power to

direct the Committee as to the content of any advice or report.

(5)   

The power to give directions under this section includes power to vary or

revoke the directions.

35

(6)   

The Committee must comply with any directions given under this section.

Interpretation

42      

Interpretation of Part 2

Expressions used in this Part that are defined in Part 1 (carbon target and

budgeting) have the same meaning as in that Part.

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