The Carbon Budgets Order 2009

Statutory Instruments

2009 No. 1259

Climate Change

The Carbon Budgets Order 2009

Made

20th May 2009

Coming into force in accordance with article 1

A draft of this instrument has been laid before and approved by a resolution of each House of Parliament, in accordance with sections 8(3) and 91(1) of the Climate Change Act 2008 (“the Act”)(1).

Before the draft was so laid, the Secretary of State took into account—

(a) the advice of the Committee on Climate Change under section 34 of the Act, in accordance with section 9(1)(a) of the Act; and

(b) any representations made by the Scottish Ministers, the Welsh Ministers and the Department of the Environment in Northern Ireland, in accordance with section 9(1)(b) of the Act(2).

This Order is made in accordance with the duty to set carbon budgets for budgetary periods imposed by sections 4(1)(a) and 8(1) of the Act, and is made with a view to—

(a) meeting the target in section 1, and the requirements of section 5, of the Act(3); and

(b) complying with the European and international obligations of the United Kingdom.

The Secretary of State has taken into account the matters mentioned in section 10(2) of the Act.

Accordingly the Secretary of State, in exercise of the powers conferred by section 8(1) of the Act, makes the following Order:

Citation and coming into force

1.  This Order may be cited as the Carbon Budgets Order 2009 and comes into force immediately after the coming into force of the Climate Change Act 2008 (2020 Target, Credit Limit and Definitions) Order 2009(4).

Carbon budgets

2.  The carbon budgets for the 2008–2012, 2013–2017 and 2018–2022 budgetary periods are as follows—

(a) the carbon budget for the 2008–2012 budgetary period is 3,018,000,000 tonnes of carbon dioxide equivalent;

(b) the carbon budget for the 2013–2017 budgetary period is 2,782,000,000 tonnes of carbon dioxide equivalent; and

(c) the carbon budget for the 2018–2022 budgetary period is 2,544,000,000 tonnes of carbon dioxide equivalent.

Joan Ruddock

Parliamentary Under Secretary of State

Department of Energy and Climate Change

Date 20th May 2009

EXPLANATORY NOTE

(This note is not part of the Order)

This Order sets carbon budgets for the budgetary periods 2008–2012 (3,018 million tonnes of carbon dioxide equivalent), 2013–2017 (2,782 million tonnes of carbon dioxide equivalent) and 2018–2022 (2,544 million tonnes of carbon dioxide equivalent). Carbon budgets set a cap on the maximum level of the net UK carbon account for each five-year budgetary period.

An impact assessment has been produced on the EU Climate and Energy package, the revised EU Emissions Trading System Directive and meeting the UK non-traded target through UK carbon budgets. It can be obtained at the website of the Department of Energy and Climate Change: www.decc.gov.uk.

(1)

2008 c. 27.

(2)

See the definitions of “national authority” and “the relevant Northern Ireland department” in sections 95 and 96.

(3)

Section 5 is amended by the Climate Change Act 2008 (2020 Target, Credit Limit and Definitions) Order 2009 (S.I. 2009/1258).

(4)

That Order comes into force on 31st May 2009.