House of Lords Amendments

House of Lords

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Climate Change Bill [HL]

Climate Change Bill [HL]
commons amendments
[The page and line references are to Bill 97, as first printed for the Commons]
Clause 1
1
Leave out Clause 1
Clause 2
2
Page 2, line 4, leave out “60%” and insert “80%”
3
Page 2, line 5, leave out subsection (2) and insert—

“(2)
“The 1990 baseline” means the aggregate amount of—

(a)
net UK emissions of carbon dioxide for that year, and

(b)
net UK emissions of each of the other targeted greenhouse gases for

the year that is the base year for that gas.”
Clause 3
4
Page 2, line 24, leave out from “since” to end of line 26 and insert “the passing of

this Act;”
Clause 6
5
Page 4, line 12, at end insert—

“(4)
For the purposes of subsection (1)(a) there shall be left out of account—

(a)
so much of the carbon budget for the budgetary period including

the year 2020 as the Secretary of State may determine relates to

targeted greenhouse gases other than carbon dioxide, and

(b)
so much of the 1990 baseline as is attributable to targeted

greenhouse gases other than carbon dioxide.”
Clause 7
6
Page 4, line 39, at end insert—

HL Bill 87 54/3

(  2  )

“( )
The power conferred by this section to amend the percentage in section

6(1)(a) includes power to amend or repeal section 6(4) (which directs that

targeted greenhouse gases other than carbon dioxide are to be left out of

account for the purposes of that provision).”
Clause 11
7
Page 6, line 32, at end insert—

“(i)
the emissions of greenhouse gases from international aviation or

international shipping that the Secretary of State expects to arise

during the budget period.”
Clause 14
8
Page 7, line 20, leave out “Prime Minister” and insert “Secretary of State”
9
Page 7, line 29, at end insert—

“( )
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.”
10
Page 7, line 33, leave out “Prime Minister” and insert “Secretary of State”
After Clause 14
11
Insert the following new Clause—

“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

meet—

(a)
the target in section 2(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.

(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).”
Clause 15
12
Page 8, line 14, leave out “passenger travel and imports or exports of goods” and

insert “aviation or international shipping”
13
Page 8, line 25, leave out “each targeted greenhouse gas” and insert “carbon

dioxide”
14
Page 8, line 26, after “1990,” insert—

“( )
the amount of net UK emissions of each targeted greenhouse gas

other than carbon dioxide for the year that is the base year for that

gas,”

(  3  )

Clause 23
15
Page 12, line 15, after “dioxide,” insert—

“( )
methane,

( )
nitrous oxide,

( )
hydrofluorocarbons,

( )
perfluorocarbons,

( )
sulphur hexafluoride,”
Clause 24
16
Page 12, line 34, leave out subsections (1) and (2) and insert—

“(1)
The base years for the purposes of this Act for targeted greenhouse gases

other than carbon dioxide are—

Gas
Base year

methane
1990

nitrous oxide
1990

hydrofluorocarbons
1995

perfluorocarbons
1995

sulphur hexafluoride
1995

(1A)
The Secretary of State may make provision by order amending the table in

subsection (1) so as to—

(a)
specify the base year for a gas designated as a targeted greenhouse

gas by order under section 23(1), or

(b)
specify a different base year from that for the time being specified

in relation to any targeted greenhouse gas other than carbon

dioxide.

(1B)
An order may—

(a)
designate a particular base year, or

(b)
designate a number of base years and provide that the average

amount of net UK emissions of a gas for those years is to be treated

for the purposes of this Act as the amount of net UK emissions for

the base year.

(1C)
The power in subsection (1A)(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.”
Clause 25
17
Leave out Clause 25
Clause 30
18
Page 15, line 36, leave out subsections (1) to (5) and insert—

(  4  )

“(1)
Emissions of greenhouse gases from international aviation or international

shipping do not count as emissions from sources in the United Kingdom

for the purposes of this Part, except as provided by regulations made by the

Secretary of State.

(2)
The Secretary of State may by order define what is to be regarded for this

purpose as international aviation or international shipping.


Any such order is subject to affirmative resolution procedure.

(3)
The Secretary of State must, before the expiry of the period ending with

31st December 2012—

(a)
make provision by regulations as to the circumstances in which,

and the extent to which, emissions from international aviation or

international shipping are to be regarded for the purposes of this

Part as emissions from sources in the United Kingdom, or

(b)
lay before Parliament a report explaining why regulations making

such provision have not been made.

(4)
The expiry of the period mentioned in subsection (3) does not affect the

power of the Secretary of State to make regulations under this section.

(5)
Regulations under this section—

(a)
may make provision only in relation to emissions of a targeted

greenhouse gas;

(b)
may, in particular, provide for such emissions to be regarded as

emissions from sources in the United Kingdom if they relate to the

transport of passengers or goods to or from the United Kingdom.”
19
Page 16, line 17, leave out “the 1990 baseline in relation to those periods” and insert

“UK emissions of that gas for the year that is the base year for that gas”
20
Page 16, line 22, leave out “taken into account as if part of the 1990 baseline” and

insert “treated for the purposes of this Act as UK emissions of that gas for the year

that is the base year for that gas”
21
Page 16, line 22, at end insert—

“( )
For the purposes of this section the base year for carbon dioxide is the year

that is the baseline year for the purposes of this Part.”
Clause 33
22
Page 17, line 10, leave out “before” and insert “not later than”
Clause 34
23
Page 18, line 2, leave out “before” and insert “not later than”
24
Page 18, line 6, leave out subsection (5)
After Clause 34
25
Insert the following new Clause—

“Advice on emissions from international aviation and international shipping

(1)
It is the duty of the Committee to advise the Secretary of State on the

consequences of treating emissions of targeted greenhouse gases from—

(  5  )

(a)
international aviation, and

(b)
international shipping,


as emissions from sources in the United Kingdom for the purposes of Part

1.

(2)
The duty applies if and to the extent that regulations under section 30 do

not provide for such emissions to be so treated.

(3)
Advice given by the Committee under this section must also contain the

reasons for that advice.

(4)
The Committee must give its advice under this section—

(a)
when it gives its advice under section 34 for the budgetary period

2023-2027, and

(b)
when it gives its advice under that section for each subsequent

budgetary period.

(5)
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.

(6)
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.”
Clause 35
26
Page 18, line 38, leave out subsection (3)
Clause 37
27
Page 19, line 26, leave out from “Act,” to end of line 27 and insert—

“(c)
adaptation to climate change, or

(d)
any other matter relating to climate change.”
Clause 40
28
Page 20, line 30, after “budgets),” insert—

“( )
section (Advice on emissions from international aviation and

international shipping) (advice in connection with international

aviation and international shipping),”
29
Page 20, line 31, at end insert—

“(e)
section (Advice of Committee on Climate Change on impact report)

(advice on report on impact of climate change), or

(f)
section (Reporting on progress in connection with adaptation)

(reporting on progress in connection with adaptation).”
30
Page 20, line 32, leave out “such guidance” and insert “guidance under any of

paragraphs (a) to (e)”
Clause 41
31
Page 21, line 14, after “budgets),” insert—

“( )
section (Advice on emissions from international aviation and

international shipping) (advice in connection with international

aviation and international shipping),”