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Part 1Carbon target and budgeting

The target for 2050

1The target for 2050

(1)It is the duty of the Secretary of State to ensure that the net UK carbon account for the year 2050 is at least 80% lower than the 1990 baseline.

(2)“The 1990 baseline” means the aggregate amount of—

(a)net UK emissions of carbon dioxide for that year, and

(b)net UK emissions of each of the other targeted greenhouse gases for the year that is the base year for that gas.

2Amendment 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 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) 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 since the evidential basis for the previous exercise was established.

(4)The power in subsection (1)(b) may only be exercised if it appears to the Secretary of State that there have been significant developments in European or international law or policy that make it appropriate to do so.

(5)An order under subsection (1)(b) may make consequential amendments of other references in this Act to the baseline year.

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

3Consultation on order amending 2050 target or baseline year

(1)Before laying before Parliament a draft of a statutory instrument containing an order under section 2 (order amending the 2050 target or the baseline year), 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.