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Climate Change Act 2008

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Climate Change Act 2008, Cross Heading: Functions of the Committee is up to date with all changes known to be in force on or before 18 December 2018. 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

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Functions of the CommitteeE+W+S+N.I.

33Advice on level of 2050 targetE+W+S+N.I.

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

(a)whether the percentage specified in section 1(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 reasons for that advice.

(3)The Committee must give its advice under this section not later than 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.

(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.

34Advice in connection with carbon budgetsE+W+S+N.I.

(1)It is the duty of the Committee to advise the Secretary of State, in relation to 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

(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—

(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

(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—

(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 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, not later than 1st December 2008;

(b)for any later period, not later than six months before the last date for setting the carbon budget for the period (see section 4(2)(b)).

(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 under this section the Committee must publish that advice in such manner as it considers appropriate.

35Advice on emissions from international aviation and international shippingE+W+S+N.I.

(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—

(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.

36Reports on progressE+W+S+N.I.

(1)It is the duty of the Committee to lay before Parliament and each of the 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 1 (the target for 2050),

(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—

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

(b)action taken during the period to reduce net UK emissions of targeted greenhouse gases.

(3)The first report under this section must be laid before Parliament and the devolved legislatures not later than 30th September 2009.

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

(5)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.

(6)The Secretary of State may by order extend the period mentioned in subsection (4) or (5).

(7)Before making such an order the Secretary of State must consult the other national authorities.

(8)Any such order is subject to negative resolution procedure.

37Response to Committee's reports on progressE+W+S+N.I.

(1)The Secretary of State must lay before Parliament a response to the points raised by each report of the Committee under section 36 (reports on progress).

(2)Before doing so, the Secretary of State must consult the other national authorities on a draft of the response.

(3)The response to the Committee's first report under section 36 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.

(6)Any such order is subject to negative resolution procedure.

38Duty to provide advice or other assistance on requestE+W+S+N.I.

(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,

(b)the progress made towards meeting the objectives set by or under this Act,

(c)adaptation to climate change, or

(d)any other matter relating to climate change.

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

(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.

(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.

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