Search Legislation

Climate Change Act 2008

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

Climate Change Act 2008, Cross Heading: Carbon budgeting is up to date with all changes known to be in force on or before 30 April 2017. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Carbon budgetingE+W+S+N.I.

4Carbon budgetsE+W+S+N.I.

(1)It is the duty of the Secretary of State—

(a)to set for each succeeding period of five years beginning with the period 2008-2012 (“budgetary periods”) an amount for the net UK carbon account (the “carbon budget”), and

(b)to ensure that the net UK carbon account for a budgetary period does not exceed the carbon budget.

(2)The carbon budget for a budgetary period may be set at any time after this Part comes into force, and must be set—

(a)for the periods 2008-2012, 2013-2017 and 2018-2022, before 1st June 2009;

(b)for any later period, not later than 30th June in the 12th year before the beginning of the period in question.

5Level of carbon budgetsE+W+S+N.I.

(1)The carbon budget—

(a)for the budgetary period including the year 2020, must be such that the annual equivalent of the carbon budget for the period is at least [F134%] lower than the 1990 baseline;

(b)for the budgetary period including the year 2050, must be such that the annual equivalent of the carbon budget for the period is lower than the 1990 baseline by at least the percentage specified in section 1 (the target for 2050);

(c)for the budgetary period including any later year specified by order of the Secretary of State, must be such that the annual equivalent of the carbon budget for the period is—

(i)lower than the 1990 baseline by at least the percentage so specified, or

(ii)at least the minimum percentage so specified, and not more than the maximum percentage so specified, lower than the 1990 baseline.

(2)The “annual equivalent”, in relation to the carbon budget for a period, means the amount of the carbon budget for the period divided by the number of years in the period.

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

F2(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

6Amendment of target percentagesE+W+S+N.I.

(1)The Secretary of State may by order amend—

(a)the percentage specified in section 5(1)(a);

(b)any percentage specified under section 5(1)(c).

(2)That power may only be exercised—

(a)if it appears to the Secretary of State that there have been significant developments 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 greenhouse gases as targeted greenhouse gases), or

(ii)regulations under section 30 (emissions from international aviation or international shipping).

(3)The developments in scientific knowledge referred to in subsection (2)(a) are—

(a)in relation to the first exercise of the power conferred by this section in relation to the percentage specified in section 5(1)(a), developments since June 2000 (the date of the Royal Commission on Environmental Pollution's 22nd Report, “Energy – the Changing Climate”);

(b)in relation to the first exercise of the power conferred by this section in relation to any percentage specified under section 5(1)(c), developments since the evidential basis for the order setting that percentage was established;

(c)in relation to a subsequent exercise of any of those powers, developments since the evidential basis for the previous exercise was established.

(4)The power conferred by this section to amend the percentage in section 5(1)(a) includes power to amend or repeal section 5(4) (which directs that targeted greenhouse gases other than carbon dioxide are to be left out of account for the purposes of that provision).

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

7Consultation on order setting or amending target percentagesE+W+S+N.I.

(1)Before laying before Parliament a draft of a statutory instrument containing an order under section 5(1)(c) (order setting target percentage) or section 6 (order amending target percentage), 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 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)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.

(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 period of three months beginning with the date the Committee's advice was sent 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 how the order takes account of any representations made by the other national authorities.

(6)If the order makes provision different from that recommended by the Committee, the Secretary of State must also publish a statement setting out the reasons for that decision.

(7)A statement under this section may be published in such manner as the Secretary of State thinks fit.

8Setting of carbon budgets for budgetary periodsE+W+S+N.I.

(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

(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.

9Consultation on carbon budgetsE+W+S+N.I.

(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)take into account the advice of the Committee on Climate Change under section 34 (advice in connection with carbon budgets), and

(b)take into account any representations made by the other national authorities.

(2)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.

(3)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.

(4)If the order sets the carbon budget at a different level from that recommended by the Committee, the Secretary of State must also publish a statement setting out the reasons for that decision.

(5)A statement under this section may be published in such manner as the Secretary of State thinks fit.

10Matters to be taken into account in connection with carbon budgetsE+W+S+N.I.

(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.

(2)The matters to be taken into account are—

(a)scientific knowledge about climate change;

(b)technology relevant to climate change;

(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;

(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 Northern Ireland;

(h)circumstances at European and international level;

(i)the estimated amount of reportable emissions from international aviation and international shipping for the budgetary period or periods in question.

(3)In subsection (2)(i) “the estimated amount of reportable emissions from international aviation and international shipping”, in relation to a budgetary period, means the aggregate of the amounts relating to emissions of targeted greenhouse gases from international aviation and international shipping that the Secretary or State or (as the case may be) the Committee estimates the United Kingdom will be required to report for that period in accordance with international carbon reporting practice.

(4)Such amounts may be estimated using such reasonable method or methods as the Secretary of State or (as the case may be) the Committee considers appropriate.

(5)The duty in subsection (2)(i) applies if and to the extent that regulations under section 30 do not provide for emissions of targeted greenhouse gases from international aviation and international shipping in the budgetary period or periods in question to be treated as emissions from sources in the United Kingdom for the purposes of this Part.

(6)Section 30(1) (emissions from international aviation and international shipping not to count as emissions from UK sources for the purposes of this Part, except as provided by regulations) does not prevent the Secretary of State or the Committee from taking into account the matter referred to in subsection (2)(i) for the purposes of this section.

(7)Nothing in this section is to be read as restricting the matters that the Secretary of State or the Committee may take into account.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources