Climate Change Act 2008

1. Introductory Text

2. Part 1 Carbon target and budgeting

   1. The target for 2050

      1. 1. The target for 2050

      2. 2. Amendment of 2050 target or baseline year

      3. 3. Consultation on order amending 2050 target or baseline year

   2. Carbon budgeting

      1. 4. Carbon budgets

      2. 5. Level of carbon budgets

      3. 6. Amendment of target percentages

      4. 7. Consultation on order setting or amending target percentages

      5. 8. Setting of carbon budgets for budgetary periods

      6. 9. Consultation on carbon budgets

      7. 10. Matters to be taken into account in connection with carbon budgets

   3. Limit on use of carbon units

      1. 11. Limit on use of carbon units

   4. Indicative annual ranges

      1. 12. Duty to provide indicative annual ranges for net UK carbon account

   5. Proposals and policies for meeting carbon budgets

      1. 13. Duty to prepare proposals and policies for meeting carbon budgets

      2. 14. Duty to report on proposals and policies for meeting carbon budgets

      3. 15. Duty to have regard to need for UK domestic action on climate change

   6. Determination whether objectives met

      1. 16. Annual statement of UK emissions

      2. 17. Powers to carry amounts from one budgetary period to another

      3. 18. Final statement for budgetary period

      4. 19. Duty to report on proposals and policies for compensating for budget excess

      5. 20. Final statement for 2050

   7. Alteration of budgets or budgetary periods

      1. 21. Alteration of carbon budgets

      2. 22. Consultation on alteration of carbon budgets

      3. 23. Alteration of budgetary periods

   8. Targeted greenhouse gases

      1. 24. Targeted greenhouse gases

      2. 25. Base years for targeted greenhouse gases other than CO2

   9. Carbon units, carbon accounting and the net UK carbon account

      1. 26. Carbon units and carbon accounting

      2. 27. Net UK carbon account

      3. 28. Procedure for regulations under section 26 or 27

   10. Other supplementary provisions

       1. 29. UK emissions and removals of greenhouse gases

       2. 30. Emissions from international aviation or international shipping

       3. 31. Procedure for regulations under section 30

3. Part 2 The Committee on Climate Change

   1. The Committee

      1. 32. The Committee on Climate Change

   2. Functions of the Committee

      1. 33. Advice on level of 2050 target

      2. 34. Advice in connection with carbon budgets

      3. 35. Advice on emissions from international aviation and international shipping

      4. 36. Reports on progress

      5. 37. Response to Committee's reports on progress

      6. 38. Duty to provide advice or other assistance on request

   3. Supplementary provisions

      1. 39. General ancillary powers

      2. 40. Grants to the Committee

      3. 41. Powers to give guidance

      4. 42. Powers to give directions

   4. Interpretation

      1. 43. Interpretation of Part 2

4. Part 3 Trading schemes

   1. Trading schemes

      1. 44. Trading schemes

      2. 45. Activities to which trading schemes may apply

      3. 46. Matters that may or must be provided for in regulations

   2. Authorities and regulations

      1. 47. Relevant national authorities

      2. 48. Procedure for making regulations

      3. 49. Further provisions about regulations

   3. Other supplementary provisions

      1. 50. Information

      2. 51. Powers to give guidance

      3. 52. Powers to give directions

      4. 53. Grants to administrators and participants

      5. 54. Power to make consequential provision

   4. Interpretation

      1. 55. Interpretation of Part 3

5. Part 4 Impact of and adaptation to climate change

   1. National reports and programmes

      1. 56. Report on impact of climate change

      2. 57. Advice of Committee on Climate Change on impact report

      3. 58. Programme for adaptation to climate change

      4. 59. Reporting on progress in connection with adaptation

      5. 60. Programme for adaptation to climate change: Northern Ireland

   2. Reporting authorities: non-devolved functions

      1. 61. Guidance by Secretary of State to reporting authorities

      2. 62. Directions by Secretary of State to prepare reports

      3. 63. Compliance with Secretary of State's directions

      4. 64. Consent of, or consultation with, devolved authorities

      5. 65. Report on exercise of power to give directions

   3. Reporting authorities: devolved Welsh functions

      1. 66. Guidance by Welsh Ministers to reporting authorities

      2. 67. Directions by Welsh Ministers to prepare reports

      3. 68. Compliance with Welsh Ministers' directions

      4. 69. Consent of, or consultation with, Secretary of State

   4. Interpretation

      1. 70. Interpretation

6. Part 5 Other provisions

   1. Waste reduction schemes

      1. 71. Waste reduction schemes

      2. 72. Waste reduction provisions: piloting

      3. 73. Waste reduction provisions: report and review

      4. 74. Waste reduction provisions: interim report

      5. 75. Waste reduction provisions: roll-out or repeal

   2. Collection of household waste

      1. 76. Collection of household waste

   3. Charges for carrier bags

      1. 77. Charges for carrier bags

   4. Renewable transport fuel obligations

      1. 78. Renewable transport fuel obligations

   5. Carbon emissions reduction targets

      1. 79. Carbon emissions reduction targets

   6. Miscellaneous

      1. 80. Report on climate change: Wales

      2. 81. Climate change measures reports in Wales

      3. 82. Repeal of previous reporting obligation

      4. 83. Guidance on reporting

      5. 84. Report on contribution of reporting to climate change objectives

      6. 85. Regulations about reporting by companies

      7. 86. Report on the civil estate

      8. 87. Power of Ministers and departments to offset greenhouse gas emissions

      9. 88. Fines for offences relating to pollution

7. Part 6 General supplementary provisions

   1. Territorial scope of provisions relating to greenhouse gas emissions

      1. 89. Territorial scope of provisions relating to greenhouse gas emissions

   2. Orders and regulations

      1. 90. Orders and regulations

      2. 91. Affirmative and negative resolution procedure

   3. Interpretation

      1. 92. Meaning of “greenhouse gas”

      2. 93. Measurement of emissions etc by reference to carbon dioxide equivalent

      3. 94. Meaning of “international carbon reporting practice”

      4. 95. Meaning of “national authority”

      5. 96. Meaning of “relevant Northern Ireland department”

      6. 97. Minor definitions

      7. 98. Index of defined expressions

   4. Final provisions

      1. 99. Extent

      2. 100. Commencement

      3. 101. Short title

8. SCHEDULES

   1. SCHEDULE 1

      The Committee on Climate Change

      1. Membership

         1. 1. (1) The Committee shall consist of— (a) a person appointed...

         2. 2. The national authorities may, after consulting the chair, appoint one...

      2. Term of office

         1. 3. A member holds and vacates office in accordance with the...

         2. 4. A member may resign by giving written notice to the...

         3. 5. The national authorities may remove a member—

         4. 6. A person ceases to be the chair or the deputy...

         5. 7. A person who— (a) ceases to be a member, or...

      3. Remuneration and pensions etc

         1. 8. The Committee may pay to the members such remuneration and...

         2. 9. The Committee must, if required to do so by the...

         3. 10. If the national authorities consider there are special circumstances which...

      4. Staff

         1. 11. (1) The Committee must appoint a person to be chief...

         2. 12. The Committee may appoint other employees.

         3. 13. The Committee must, if required to do so by the...

         4. 14. (1) In Schedule 1 to the Superannuation Act 1972 (c....

      5. Sub-committees

         1. 15. (1) The Committee may establish sub-committees. (2) A sub-committee may...

      6. The Adaptation Sub-Committee

         1. 16. (1) There shall be a sub-committee of the Committee, to...

      7. Proceedings

         1. 17. The Committee may regulate— (a) its own procedure (including quorum),...

         2. 18. The validity of anything done by the Committee or any...

         3. 19. The Committee must publish the minutes of its meetings in...

      8. Discharge of functions

         1. 20. The Committee may authorise a sub-committee, member or employee to...

      9. Application of seal and proof of documents

         1. 21. (1) The application of the Committee's seal must be authenticated...

      10. Reports and accounts

          1. 22. (1) For each financial year the Committee must—

          2. 23. In this Schedule “financial year” means— (a) the period beginning...

          3. 24. (1) The Committee must keep proper accounts and proper records...

      11. Information

          1. 25. (1) The Committee must provide the national authorities with such...

      12. Publication of advice etc

          1. 26. A requirement under this Act for the Committee to publish...

      13. Status

          1. 27. (1) The Committee is not to be regarded as the...

      14. Public Records Act 1958 (c. 51)

          1. 28. In Schedule 1 to the Public Records Act 1958 (definition...

      15. Parliamentary Commissioner Act 1967 (c. 13)

          1. 29. In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments...

      16. House of Commons Disqualification Act 1975 (c. 24)

          1. 30. In Part 2 of Schedule 1 to the House of...

      17. Northern Ireland Assembly Disqualification Act 1975 (c. 25)

          1. 31. In Part 2 of Schedule 1 to the Northern Ireland...

      18. Race Relations Act 1976 (c. 74)

          1. 32. In Part 2 of Schedule 1A to the Race Relations...

      19. Freedom of Information Act 2000 (c. 36)

          1. 33. In Part 6 of Schedule 1 to the Freedom of...

      20. Scottish Public Services Ombudsman Act 2002 (asp 11)

          1. 34. (1) The Scottish Public Services Ombudsman Act 2002 is amended...

      21. Public Services Ombudsman (Wales) Act 2005 (c. 10)

          1. 35. In Schedule 3 to the Public Services Ombudsman (Wales) Act...

   2. SCHEDULE 2

      Trading schemes

      1. Part 1 Schemes limiting activities

         1. Introductory

            1. 1. This Part of this Schedule deals with trading schemes that...

         2. Trading periods

            1. 2. The regulations must specify the period or periods by reference...

         3. Activities

            1. 3. (1) The regulations must identify the activities to which the...

         4. Participants

            1. 4. (1) The regulations must identify the persons to whom the...

         5. Allocation of allowances

            1. 5. (1) The regulations may provide for the allocation among the...

         6. Use of allowances

            1. 6. (1) The regulations may require each participant to have or...

         7. Credits

            1. 7. (1) The regulations may enable participants to offset the carrying...

         8. Payments

            1. 8. (1) The regulations may provide that a participant who does...

         9. Trading

            1. 9. (1) The regulations must provide for the participants in a...

         10. Permits

             1. 10. (1) The regulations may provide that participants may only carry...

         11. Units under other schemes

             1. 11. (1) The regulations may make provision for recognising any of...

      2. Part 2 Schemes encouraging activities

         1. Introductory

            1. 12. This Part of this Schedule deals with trading schemes that...

         2. Trading periods

            1. 13. The regulations must specify the period or periods by reference...

         3. Activities

            1. 14. (1) The regulations must identify the activities to which the...

         4. Participants

            1. 15. (1) The regulations must identify the persons to whom the...

         5. Targets and obligations

            1. 16. The regulations must, for each trading period—

         6. Certificates

            1. 17. (1) The regulations must provide for the issue of certificates...

         7. Payments

            1. 18. (1) The regulations may provide that a participant who does...

         8. Trading

            1. 19. (1) The regulations must provide for the participants in a...

         9. Units under other schemes

            1. 20. (1) The regulations may make provision for recognising any of...

      3. Part 3 Administration and enforcement

         1. The administrator

            1. 21. (1) The regulations may appoint a person as the administrator...

         2. Information

            1. 22. (1) The regulations may require such information as may be...

         3. Registers

            1. 23. (1) The regulations may provide for the creation and maintenance...

         4. Publication of information

            1. 24. The regulations may confer or impose functions on the administrator...

         5. Acquisition of units by the administrator

            1. 25. The regulations may confer powers on the administrator of a...

         6. Charges

            1. 26. (1) The regulations may— (a) require the payment by participants...

         7. Monitoring compliance

            1. 27. (1) The regulations may make provision for monitoring compliance with...

         8. Enforcement

            1. 28. (1) The regulations may confer powers on a person to...

         9. Penalties

            1. 29. (1) The regulations may provide that a person is liable...

         10. Offences

             1. 30. (1) The regulations may create offences relating to trading schemes....

         11. Appeals

             1. 31. (1) The regulations may confer rights of appeal against—

   3. SCHEDULE 3

      Trading schemes regulations: further provisions

      1. Part 1 Regulations made by a single national authority

         1. 1. This Part of this Schedule applies in relation to an...

         2. 2. (1) Where the instrument contains regulations that—

         3. 3. (1) An instrument containing regulations made by the Secretary of...

         4. 4. Any provision that may be made by regulations subject to...

      2. Part 2 Regulations made by two or more national authorities

         1. 5. This Part of this Schedule applies in relation to an...

         2. 6. If any of the regulations are subject to affirmative resolution...

         3. 7. Paragraphs 2 and 3 (affirmative and negative resolution procedure) apply...

         4. 8. (1) If in accordance with paragraph 3 (negative resolution procedure)—...

      3. Part 3 Power to make provision by Order in Council

         1. 9. (1) Her Majesty may by Order in Council make provision...

         2. 10. No recommendation is to be made to Her Majesty in...

         3. 11. (1) This paragraph applies to an Order in Council under...

         4. 12. (1) This paragraph applies to an Order in Council under...

         5. 13. (1) If in accordance with paragraph 12—

   4. SCHEDULE 4

      Trading schemes: powers to require information

      1. Introductory

         1. 1. (1) The powers conferred by this Schedule are exercisable by...

      2. Information from electricity suppliers and distributors

         1. 2. (1) An environmental authority may, for the purposes of enabling...

      3. Information from potential participants in a trading scheme

         1. 3. (1) An environmental authority may, for the purposes of enabling...

      4. Requirements for a valid notice

         1. 4. (1) A notice under this Schedule must comply with the...

      5. Failure to comply with notice etc an offence

         1. 5. (1) A person who— (a) fails without reasonable excuse to...

      6. Disclosure of information

         1. 6. (1) This paragraph applies to information obtained by an environmental...

   5. SCHEDULE 5

      Waste reduction schemes

      1. Part 1 Main provisions

         1. 1. After section 60 of the Environmental Protection Act 1990 (c....

         2. 2. After Schedule 2A to that Act insert— SCHEDULE 2AA Waste...

      2. Part 2 Consequential amendments

         1. 3. (1) Section 46 of the Environmental Protection Act 1990 (c....

         2. 4. (1) Section 161 of that Act (regulations, orders and directions)...

   6. SCHEDULE 6

      Charges for carrier bags

      1. Part 1 Powers to make regulations about charges

         1. General power

            1. 1. The relevant national authority may make provision by regulations about...

         2. Requirement to charge

            1. 2. The regulations may make provision requiring sellers of goods to...

         3. 2A. The regulations may make provision for treating carrier bags as...

         4. Sellers of goods

            1. 3. (1) “Seller”, in relation to goods, has the meaning given...

         5. Amount of charge

            1. 4. The regulations may specify the minimum amount that a seller...

         6. 4A. Destination of proceeds – Wales

         7. 4A. (1) This paragraph applies to regulations made by the Department...

         8. 4B. Interpretation of paragraph 4A

         9. Carrier bags

            1. 5. (1) “Single use carrier bagCarrier bag” has the meaning given...

         10. Administration

             1. 6. (1) The regulations may appoint a person (an “administrator”) to...

         11. Registration

             1. 6A. (1) This paragraph applies to regulations made by—

         12. Record-keeping and publication of records

             1. 7. (1) The regulations may require records to be kept relating...

         13. Enforcement

             1. 8. (1) The regulations may confer or impose powers or duties...

      2. Part 2 Civil sanctions

         1. Civil sanctions

            1. 9. (1) The relevant national authority may make provision by regulations...

         2. Fixed monetary penalties

            1. 10. (1) The regulations may make provision conferring on an administrator...

         3. Fixed monetary penalties: procedure

            1. 11. (1) Provision under paragraph 10 must secure that—

         4. Discretionary requirements

            1. 12. (1) The regulations may make provision conferring on an administrator...

         5. Discretionary requirements: procedure

            1. 13. (1) Provision under paragraph 12 must secure that—

         6. Discretionary requirements: enforcement

            1. 14. (1) Provision under paragraph 12 may include provision for a...

         7. Combination of sanctions

            1. 15. (1) Provision may not be made under paragraphs 10 and...

         8. Monetary penalties

            1. 16. (1) If the regulations confer power on an administrator to...

         9. Costs recovery

            1. 17. (1) Provision under paragraph 12 may include provision for an...

         10. Appeals

             1. 18. (1) The regulations may not provide for the making of...

         11. Publicity for imposition of civil sanctions

             1. 19. (1) The regulations may make provision enabling an administrator to...

         12. Persons liable to civil sanctions

             1. 20. The regulations may make provision about the persons liable to...

         13. Guidance as to use of civil sanctions

             1. 21. (1) Where power is conferred on an administrator by the...

         14. Publication of enforcement action

             1. 22. (1) Where power is conferred on an administrator by the...

         15. Compliance with regulatory principles

             1. 23. A relevant national authority may not make any provision conferring...

         16. Review

             1. 24. (1) A relevant national authority must in accordance with this...

         17. Suspension

             1. 25. (1) Where provision has been made by a relevant national...

         18. Payment of penalties into Consolidated Fund

             1. 26. (1) Where pursuant to any provision made under this Schedule...

      3. Part 3 Procedures applying to regulations

         1. Regulations made by a single authority

            1. 27. (1) This paragraph applies in relation to an instrument containing...

         2. Regulations made by two or more national authorities

            1. 28. (1) This paragraph applies in relation to an instrument containing...

         3. Hybrid instruments

            1. 29. If a draft of an instrument containing regulations under this...

   7. SCHEDULE 7

      Renewable transport fuel obligations

      1. Introductory

         1. 1. Chapter 5 of Part 2 of the Energy Act 2004...

      2. The Administrator

         1. 2. For section 125 (the Administrator) substitute— Appointment of the Administrator...

      3. Determination of amounts of transport fuel

         1. 3. In section 126 (determination of amounts of transport fuel), after...

      4. Discharge of obligation by payment

         1. 4. In section 128 (discharge of obligation by payment), for subsections...

      5. Civil penalties

         1. 5. In section 129 (imposition of civil penalties), for subsection (7)...

      6. Disclosure of information

         1. 6. After section 131 insert— Disclosure of information held by Revenue...

      7. Interpretation

         1. 7. (1) Section 132(1) (interpretation of Chapter 5 of Part 2)...

   8. SCHEDULE 8

      Carbon emissions reduction targets

      1. Gas Act 1986 (c. 44)

         1. 1. (1) Section 33BC of the Gas Act 1986 (promotion of...

      2. Electricity Act 1989 (c. 29)

         1. 2. In section 6(9) of the Electricity Act 1989 (definition of...

         2. 3. (1) Section 41A of that Act (promotion of reductions in...

         3. 4. (1) Section 42AA of that Act (publication of statistical information...

         4. 5. In section 64(1) of that Act (interpretation etc of Part...

      3. Utilities Act 2000 (c. 27)

         1. 6. (1) Section 103 of the Utilities Act 2000 (overall carbon...