PART 6Supplementary

Regulation-making powers: restrictions and considerations

54Regulations that amend or add an emissions target or amend a carbon budget

1

This section applies in relation to the making of regulations, under any provision of this Act, that—

a

amend an emissions target or add a new target in relation to emissions, or

b

amend a carbon budget.

2

The Department may make such regulations only if—

a

it is satisfied that it is appropriate to do so as a result of significant developments in one or more of the following matters—

i

United Kingdom or international law or policy relating to climate change;

ii

scientific knowledge about climate change;

iii

technology relevant to climate change; or

b

the provision made by the regulations—

i

has been recommended by the Committee on Climate Change, or

ii

is not substantially different from provision that has been recommended by the Committee.

3

When making such regulations, the Department must have regard to the following matters—

a

United Kingdom and international law or policy relating to climate change,

b

scientific knowledge about climate change,

c

technology relevant to climate change, and

d

the views of the Northern Ireland Climate Commissioner and the Just Transition Commission.

4

But if the Department is satisfied that it is appropriate to make the regulations as a result of significant developments in a matter listed in subsection (2)(a) the Department is not also required by subsection (3) to have separate regard to that matter.