Climate Change Act 2008 - Legislation.gov.uk

1 Climate Change Act 2008 CHAPTER 27 CONTENTSPART 1 CARBON TARGET AND BUDGETINGThe target for 20501 The target for 20502 Amendment of 2050 target or baseline year3 Consultation on order amending 2050 target or baseline yearCarbon budgeting4 Carbon budgets5 Level of carbon budgets6 Amendment of target percentages7 Consultation on order setting or amending target percentages8 Setting of carbon budgets for budgetary periods9 Consultation on carbon budgets10 Matters to be taken into account in connection with carbon budgetsLimit on use of carbon units11 Limit on use of carbon unitsIndicative annual ranges12 Duty to provide indicative annual ranges for net UK carbon accountProposals and policies for meeting carbon budgets13 Duty to prepare proposals and policies for meeting carbon budgets14 Duty to report on proposals and policies for meeting carbon budgets15 Duty to have regard to need for UK domestic action on Climate changeClimate Change Act 2008 (c.)

2 27)iiDetermination whether objectives met16 Annual statement of UK emissions17 Powers to carry amounts from one budgetary period to another18 Final statement for budgetary period19 Duty to report on proposals and policies for compensating for budget excess20 Final statement for 2050 Alteration of budgets or budgetary periods21 Alteration of carbon budgets22 Consultation on alteration of carbon budgets23 Alteration of budgetary periodsTargeted greenhouse gases24 Targeted greenhouse gases25 Base years for targeted greenhouse gases other than CO2 Carbon units, carbon accounting and the net UK carbon account26 Carbon units and carbon accounting27 Net UK carbon account28 Procedure for regulations under section 26 or 27 Other supplementary provisions29UK emissions and removals of greenhouse gases30 emissions from international aviation or international shipping31 Procedure for regulations under section 30 part 2 THE COMMITTEE ON Climate CHANGEThe Committee32 The Committee on Climate ChangeFunctions of the Committee33 Advice on level of 2050 target34 Advice in connection with carbon budgets35 Advice on emissions from international aviation and international shipping36 Reports on progress37 Response to Committee s reports on progress38 Duty to provide advice or other assistance on requestSupplementary provisions39 General

3 Ancillary powers40 Grants to the Committee41 Powers to give guidance42 Powers to give directionsClimate Change Act 2008 (c. 27)iiiInterpretation43 Interpretation of part 2 part 3 TRADING SCHEMEST rading schemes44 Trading schemes45 Activities to which trading schemes may apply46 Matters that may or must be provided for in regulationsAuthorities and regulations47 Relevant national authorities48 Procedure for making regulations49 Further provisions about regulationsOther supplementary provisions50 Information51 Powers to give guidance52 Powers to give directions53 Grants to administrators and participants54 Power to make consequential provisionInterpretation55 Interpretation of part 3 part 4 IMPACT OF AND ADAPTATION TO Climate CHANGEN ational reports and programmes56 Report on impact of Climate change57 Advice of Committee on Climate Change on impact report58 Programme for adaptation to

4 Climate change59 Reporting on progress in connection with adaptation60 Programme for adaptation to Climate Change : Northern IrelandReporting authorities: non-devolved functions61 Guidance by Secretary of State to reporting authorities62 Directions by Secretary of State to prepare reports63 Compliance with Secretary of State s directions64 Consent of, or consultation with, devolved authorities65 Report on exercise of power to give directionsReporting authorities: devolved Welsh functions66 Guidance by Welsh Ministers to reporting authoritiesClimate Change Act 2008 (c. 27)iv67 Directions by Welsh Ministers to prepare reports68 Compliance with Welsh Ministers directions69 Consent of, or consultation with, Secretary of StateInterpretation70 InterpretationPART 5 OTHER PROVISIONSW aste reduction schemes71 Waste reduction schemes72 Waste reduction provisions: piloting73 Waste reduction provisions: report and review74 Waste reduction provisions: interim report75 Waste reduction provisions: roll-out or repealCollection of household waste76 Collection of household wasteCharges for single use carrier bags77 Charges for single use carrier bagsRenewable transport fuel obligations78 Renewable transport fuel obligationsCarbon emissions reduction targets79 Carbon emissions reduction targetsMiscellaneous80 Report on Climate Change .

5 Wales81 Climate Change measures reports in Wales82 Repeal of previous reporting obligation83 Guidance on reporting84 Report on contribution of reporting to Climate Change objectives85 Regulations about reporting by companies86 Report on the civil estate87 Power of Ministers and departments to offset greenhouse gas emissions88 Fines for offences relating to pollutionClimate Change Act 2008 (c. 27)vPART 6 GENERAL SUPPLEMENTARY PROVISIONST erritorial scope of provisions relating to greenhouse gas emissions89 Territorial scope of provisions relating to greenhouse gas emissionsOrders and regulations90 Orders and regulations91 Affirmative and negative resolution procedureInterpretation92 Meaning of greenhouse gas 93 Measurement of emissions etc by reference to carbon dioxide equivalent94 Meaning of international carbon reporting practice 95 Meaning of national authority 96 Meaning of relevant Northern Ireland department 97 Minor definitions98 Index of defined expressionsFinal provisions99 Extent100 Commencement101 Short titleSchedule 1 The Committee on Climate ChangeSchedule 2 Trading schemesPart 1 Schemes limiting activitiesPart 2 Schemes encouraging

6 ActivitiesPart 3 Administration and enforcementSchedule 3 Trading schemes regulations: further provisionsPart 1 Regulations made by a single national authorityPart 2 Regulations made by two or more national authoritiesPart 3 Power to make provision by Order in CouncilSchedule 4 Trading schemes: powers to require informationSchedule 5 Waste reduction schemesPart 1 Main provisionsPart 2 Consequential amendmentsSchedule 6 Charges for single use carrier bagsPart 1 Powers to make regulations about chargesPart 2 Civil sanctionsPart 3 Procedures applying to regulationsSchedule 7 Renewable transport fuel obligationsSchedule 8 Carbon emissions reduction targetsELIZABETH IIc. 27 Climate Change Act 20082008 CHAPTER 27An Act to set a target for the year 2050 for the reduction of targetedgreenhouse gas emissions ; to provide for a system of carbon budgeting; toestablish a Committee on Climate Change ; to confer powers to establishtrading schemes for the purpose of limiting greenhouse gas emissions orencouraging activities that reduce such emissions or remove greenhouse gasfrom the atmosphere; to make provision about adaptation to Climate Change ;to confer powers to make schemes for providing financial incentives toproduce less domestic waste and to recycle more of what is produced; to makeprovision about the collection of household waste.

7 To confer powers to makeprovision about charging for single use carrier bags; to amend the provisionsof the Energy Act 2004 about renewable transport fuel obligations; to makeprovision about carbon emissions reduction targets; to make other provisionabout Climate Change ; and for connected purposes.[26th November 2008]E IT ENACTED by the Queen s most Excellent Majesty, by and with the advice andconsent of the Lords Spiritual and Temporal, and Commons, in this presentParliament assembled, and by the authority of the same, as follows: part 1 CARBON TARGET AND BUDGETINGThe target for 20501 The target for 2050(1)It is the duty of the Secretary of State to ensure that the net UK carbon accountfor the year 2050 is at least 80% lower than the 1990 baseline.

8 (2) The 1990 baseline means the aggregate amount of (a)net UK emissions of carbon dioxide for that year, andBClimate Change Act 2008 (c. 27) part 1 Carbon target and budgeting2(b)net UK emissions of each of the other targeted greenhouse gases for theyear that is the base year for that 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 (a)if it appears to the Secretary of State that there have been significantdevelopments in (i)scientific knowledge about Climate Change , or(ii)European or international law or policy,that make it appropriate to do so, or(b)in connection with the making of (i)an order under section 24 (designation of further greenhousegases as targeted greenhouse gases), or(ii)regulations under section 30 ( emissions from internationalaviation or international shipping).

9 (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 the passing of this Act;(b)in relation to a subsequent exercise of that power, developments sincethe evidential basis for the previous exercise was established.(4)The power in subsection (1)(b) may only be exercised if it appears to theSecretary of State that there have been significant developments in Europeanor international law or policy that make it appropriate to do so.(5)An order under subsection (1)(b) may make consequential amendments ofother references in this Act to the baseline year.(6)An order under this section is subject to affirmative resolution on order amending 2050 target or baseline year(1)Before laying before Parliament a draft of a statutory instrument containing anorder under section 2 (order amending the 2050 target or the baseline year), theSecretary of State must (a)obtain, and take into account, the advice of the Committee on ClimateChange, and(b)take into account any representations made by the other nationalauthorities.

10 (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 ofState, the Committee must publish that advice in such manner as it considersappropriate.(4)The Secretary of State may proceed to lay such a draft statutory instrumentbefore Parliament without having received a national authority sClimate Change Act 2008 (c. 27) part 1 Carbon target and budgeting3representations if the authority does not provide them before the end of theperiod of three months beginning with the date the Committee s advice wassent to the authority.(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 howthe order takes account of any representations made by the other nationalauthorities.