Part 1Carbon target and budgeting
Carbon units, carbon accounting and the net UK carbon account
28Procedure for regulations under section 26 or 27
1
The following provisions apply in relation to regulations under section 26 (carbon units and carbon accounting) or section 27 (net UK carbon account).
2
The regulations are subject to affirmative resolution procedure if—
a
they are the first regulations to be made under those sections,
b
they specify a carbon unit of a kind not previously specified in regulations made under those sections,
c
they alter the amount by which—
i
a carbon unit that is credited to the net UK carbon account for a period reduces the net UK carbon account for that period, or
ii
a carbon unit that is debited from the net UK carbon account for a period increases the net UK carbon account for that period, or
d
they make modifications of an enactment contained in primary legislation.
3
Otherwise the regulations are subject to negative resolution procedure.
4
The Secretary of State must consult the other national authorities—
a
in the case of regulations subject to affirmative resolution procedure, before laying before Parliament a draft of a statutory instrument containing the regulations;
b
in the case of regulations subject to negative resolution procedure, before making the regulations.
5
The Secretary of State must obtain, and take into account, the advice of the Committee on Climate Change before laying before Parliament a draft of a statutory instrument containing—
a
the first regulations to be made under those sections, or
b
regulations making provision of the kind described in paragraph (b) or (c) of subsection (2).