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Climate Change Bill [HL]


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

8

 

(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

emissions of that gas,

(b)   

identify the methods used to measure or calculate those amounts, and

5

(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

and net UK emissions of all greenhouse gases.

(4)   

If in accordance with international carbon reporting practice a change of

10

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.

(5)   

If emissions of a greenhouse gas from international passenger travel and

imports or exports of goods are not required to be included in the statement by

15

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.

(6)   

It must—

(a)   

state the total amount of carbon units that have been credited to or

20

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.

(8)   

It must state—

(a)   

the amount of net UK emissions of each targeted greenhouse gas for the

25

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

considers appropriate.

(9)   

The amount referred to in subsection (8)(b) may be—

30

(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

years.

(10)   

The statement required by this section must be laid before Parliament not later

35

than 31st March in the second year following that to which it relates.

(11)   

The Secretary of State must send a copy of the statement to the other national

authorities.

16      

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

40

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

9

 

(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.

5

(4)   

Before deciding to carry an amount back or forward 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

Change.

10

(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.

17      

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.

15

(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.

   

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.

20

(3)   

It must—

(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.

25

(5)   

It must state whether the Secretary of State has decided to carry an amount

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

30

conferred by section 16 (powers to carry amounts from one budgetary period

to another) and any alteration of the budget under section 20.

(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.

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(8)   

If the carbon budget for the period has not been met, the statement must

explain why it has not been met.

(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.

40

(10)   

The Secretary of State must send a copy of the statement to the other national

authorities.

 
 

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

10

 

18      

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

5

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.

10

19      

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.

15

   

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 2 (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

30

authorities.

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.

35

(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

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.

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

11

 

(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

such changes since the period began.

(4)   

An order setting the carbon budget for a period may not be amended after the

period has ended.

5

(5)   

An order revoking or amending an order setting a carbon budget is subject to

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

10

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

authorities.

15

(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)   

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.

20

(4)   

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

relevant period.

(5)   

The relevant period is—

25

(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

authority, or

(b)   

otherwise, three months beginning with that date.

(6)   

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

30

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.

(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

35

reasons for that decision.

(8)   

A statement under this section may be published in such manner as the

Secretary of State thinks fit.

22      

Alteration of budgetary periods

(1)   

The Secretary of State may by order amend section 5(1)(a) so as to alter—

40

(a)   

the length of the budgetary periods, or

(b)   

the dates in the calendar year on which the budgetary periods begin

and end.

 
 

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

12

 

(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

5

budgetary period.

(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.

10

(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—

(a)   

carbon dioxide, and

15

(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—

20

(a)   

consult the other national authorities, and

(b)   

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

Change.

(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

25

appropriate.

(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

30

fit.

(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

35

dioxide, the amount of net UK emissions for the year 1990.

(2)   

An order may, in particular—

(a)   

designate a different base year, or

(b)   

designate a number of base years,

 
 

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

13

 

   

and provide for the 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 taken into account

as if they were net UK emissions of the gas for the year 1990.

(3)   

Before making an order under this section, the Secretary of State must—

(a)   

consult the other national authorities, and

5

(b)   

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

Change.

(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

appropriate.

10

(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

fit.

15

(7)   

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

Carbon units, carbon accounting and the net UK carbon account

25      

UK domestic effort

(1)   

The Secretary of State must ensure that at least 70% of the effort undertaken for

compliance with section 5(1) is achieved by domestic emissions reductions and

20

domestic removal by sinks.

(2)   

In this section “effort” means the difference between the present UK carbon

budget and the verified emissions for the previous budgetary period.

26      

Carbon units and carbon accounting

(1)   

In this Part a “carbon unit” means a unit of a kind specified in regulations made

25

by the Secretary of State and representing—

(a)   

a reduction in an amount of greenhouse gas emissions,

(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.

30

(2)   

The Secretary of State may make provision by regulations for a scheme—

(a)   

for registering or otherwise keeping track of carbon units, or

(b)   

for establishing and maintaining accounts in which carbon units may

be held, and between which they may be transferred, by the Secretary

of State.

35

   

The regulations may, in particular, provide for an existing scheme to be

adapted for these purposes.

(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

40

relation to the appointment of members, staffing, expenditure,

 
 

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

14

 

procedure and otherwise as the Secretary of State considers

appropriate;

(c)   

conferring power on the Secretary of State to give guidance or

directions to the body administering the scheme;

(d)   

conferring power on the Secretary of State to delegate the performance

5

of any of the functions conferred or imposed on the Secretary of State

by the regulations;

(e)   

requiring the payment by persons using the scheme of charges (of an

amount determined by or under the regulations) towards the cost of

operating it.

10

(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.

27      

Net UK carbon account

(1)   

In this Part the “net UK carbon account” for a period means the amount of net

15

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

section, and

(b)   

increased by the amount of carbon units that in accordance with such

20

regulations are to be debited from the net UK carbon account for the

period.

(2)   

The Secretary of State must make provision by regulations about—

(a)   

the circumstances in which carbon units may be credited to the net UK

carbon account for a period,

25

(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.

(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

30

other greenhouse gas emissions.

(4)   

The regulations must contain provision—

(a)   

for determining whether the total amount of carbon units allocated to

the United Kingdom for each budgetary period under schemes or

arrangements imposing a limit on emissions from sources in the United

35

Kingdom represent an amount of net UK emissions of targeted

greenhouse gases for the period greater than the carbon budget for the

period, and

(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

40

greenhouse gas emissions in the United Kingdom or elsewhere.

28      

Procedure for regulations under section 26 or 27

(1)   

The following provisions apply in relation to regulations under section 26

(carbon units and carbon accounting) or section 27 (net UK carbon account).

(2)   

The regulations are subject to affirmative resolution procedure if—

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(a)   

they are the first regulations to be made under those sections,

 
 

 
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