Explanatory Notes

Climate Change Act 2008

2008 CHAPTER 27

26th November 2008

Commentary on Sections

Part 1: Carbon Target and Budgeting

Other supplementary provisions

Section 31: Procedure for regulations under section 30

158.This section sets out the procedures that the Secretary of State must follow before making regulations on emissions from international aviation or international shipping under section 30.

159.Subsection (1) places a duty on the Secretary of State to obtain and consider advice from the Committee on Climate Change. Subsection (2) requires the Committee on Climate Change, as soon as is reasonably practicable after giving its advice to the Secretary of State, to publish that advice in any way it thinks is appropriate.

160.Subsection (3) places a duty on the Secretary of State, if making regulations in a way that differs from the Committee’s recommendations, to publish a statement setting out the reasons for that decision. The statement may be published in any way the Secretary of State thinks is appropriate (subsection (4)).

161.Subsection (5) provides that regulations made under section 30 are subject to the affirmative resolution procedure.