Climate Change Act 2008

81 Climate change measures reports in Wales

(1) The Climate Change and Sustainable Energy Act 2006 (c. 19) is amended as follows.

(2) After section 3 insert—

“3A Local authorities in Wales to have regard to climate change measures reports

(1) The Welsh Ministers must from time to time publish a climate change measures report.

(2) A local authority in Wales must, in exercising its functions, have regard to any current climate change measures report.

(3) A “climate change measures report” means a report containing information about the local authority measures the Welsh Ministers consider would or might have any of the following effects—

(a) improving efficiency in the use of any description or source of energy;

(b) increasing the amount of energy generated, or heat produced, by microgeneration;

(c) increasing the amount of energy generated, or heat produced, by plant that relies wholly or mainly on a source of energy or a technology listed in section 26(2);

(d) reducing emissions of greenhouse gases;

(e) reducing the number of households in which one or more persons are living in fuel poverty;

(f) addressing the impact of climate change.

(4) Before publishing a climate change measures report, the Welsh Ministers must consult such representatives of local government, and such other persons, as the Welsh Ministers consider appropriate.

(5) The Secretary of State’s consent is required to the publication in a climate change measures report of information about a local authority measure to which subsection (6) applies.

(6) This subsection applies to a local authority measure if the Secretary of State has a function in relation to the measure of—

(a) making subordinate legislation,

(b) issuing guidance or directions, or

(c) making determinations or hearing appeals,

and that function is exercisable in relation to Wales.

(7) In this section—

• “local authority” means any of the following—

  (a)

  a county council;

  (b)

  a county borough council;

  (c)

  a community council;

• “local authority measure” means anything a local authority in Wales may do in the exercise of its functions (including deciding not to exercise a power).”.

(3) In section 3 of that Act (local authorities to have regard to information on energy in exercising functions)—

(a) for the heading substitute “Local authorities in England to have regard to energy measures reports”,

(b) in subsection (2), after “local authority” insert “in England”,

(c) in subsection (4), in the definition of “local authority measure”, for “a local authority” substitute “a local authority in England”,

(d) in subsection (5) omit “the National Assembly for Wales and”, and

(e) in subsection (6) omit paragraphs (b) and (h).