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Part IXU.K. Environmental functions

[F1Climate change, energy etcE+W

Textual Amendments

F1S. 361A and cross-heading inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 42, 59(7); S.I. 2008/113, art. 2(i)

361ADuties of Mayor and Assembly with respect to climate changeE+W

(1)The Mayor and the Assembly are each under a duty to address climate change, so far as relating to Greater London.

(2)In the case of the Mayor, the duty consists of each of the following—

(a)to take action with a view to mitigation of, or adaptation to, climate change (see subsections (5) and (6) below),

(b)in exercising any of his functions under this Act or any other Act (whenever passed), to take into account any policies announced by Her Majesty's government with respect to climate change or the consequences of climate change,

(c)to have regard to any guidance, and comply with any directions, issued to the Authority by the Secretary of State with respect to the means by which, or manner in which, the Mayor is to perform the duties imposed on him by paragraph (a) or (b) above.

(3)In the case of the Assembly, the duty consists of each of the following—

(a)in exercising any functions of the Assembly under this Act or any other Act (whenever passed), to take into account any policies announced by Her Majesty's government with respect to climate change or the consequences of climate change,

(b)to have regard to any guidance, and comply with any directions, issued to the Authority by the Secretary of State with respect to the means by which, or manner in which, the Assembly is to perform the duties imposed by paragraph (a) above.

(4)Any reference in this section to functions of the Mayor, or functions of the Assembly, includes a reference to functions exercisable by the Mayor and the Assembly acting jointly on behalf of the Authority.

(5)For the purposes of this section—

(a)climate change” means changes in climate which are, or which might reasonably be thought to be, the result of human activity altering the composition of the global atmosphere and which are in addition to natural climate variability; and

(b)changes in climate” includes a reference to changes in climate which are reasonably expected, or might reasonably be expected, to happen or which are reasonably thought to be happening or to have recently happened.

(6)In this section—

[F2361B[F3The London Environment Strategy: climate change mitigation and energy]E+W

F4(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)The [F5provisions of the London Environment Strategy dealing with climate change mitigation and energy] shall contain the Mayor's proposals and policies with respect to the contribution to be made in Greater London towards each of the following—

(a)the mitigation of climate change,

(b)the achievement of any objectives specified or described in national policies relating to energy.

(3)The [F6provisions dealing with climate change mitigation and energy] must include the Mayor's proposals and policies relating to each of the following—

(a)minimising emissions of carbon dioxide and other significant greenhouse substances from the use of energy in Greater London for the purposes of surface transport,

(b)minimising emissions of carbon dioxide and other significant greenhouse substances from the use of energy in Greater London for purposes other than those of transportation,

(c)supporting innovation, and encouraging investment, in energy technologies in Greater London,

(d)promoting the efficient production and use of energy in Greater London.

(4)In subsection (3) above “other significant greenhouse substances” means substances (other than carbon dioxide)—

(a)which contribute to climate change, and

(b)which the Mayor considers it appropriate to deal with in the [F7provisions dealing with climate change mitigation and energy].

(5)In performing the duty under subsection (3)(c) above, the Mayor must have regard to the desirability of advancing energy technologies which involve the emission of lower levels of substances which contribute to climate change.

(6)The [F8provisions dealing with climate change mitigation and energy] shall also contain information about—

(a)the pattern of energy use in Greater London,

(b)the levels of emissions in, or attributable to, Greater London of substances which contribute to climate change,

(c)the number of households in Greater London in which one or more persons are living in fuel poverty, within the meaning of the Warm Homes and Energy Conservation Act 2000 (see section 1 of that Act),

(d)the measures to be taken, for the purpose of implementing [F9those provisions], by each of the following—

(i)the Authority,

(ii)Transport for London,

F10(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)the measures which other bodies or persons are to be encouraged by the Mayor to take for the purpose of implementing [F11those provisions].

F12(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)The strategy must not be inconsistent with—

(a)national policies relating to mitigation of climate change, or

(b)national policies relating to energy.

F13(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12)In this section—

Textual Amendments

F2Ss. 361B, 361C inserted (E.W.) (23.10.2007 for specified purposes, 21.1.2008 in so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 43(2), 59(4)(b); S.I. 2008/113, art. 2(i)

F3S. 361B heading substituted (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 8(2); S.I. 2012/1008, art. 3(e) (with arts. 7, 9-11)

F5Words in s. 361B(2) substituted (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 8(3); S.I. 2012/1008, art. 3(e) (with arts. 7, 9-11)

F6Words in s. 361B(3) substituted (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 8(4); S.I. 2012/1008, art. 3(e) (with arts. 7, 9-11)

F7Words in s. 361B(4) substituted (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 8(5); S.I. 2012/1008, art. 3(e) (with arts. 7, 9-11)

F8Words in s. 361B(6) substituted (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 8(6)(a); S.I. 2012/1008, art. 3(e) (with arts. 7, 9-11)

F9Words in s. 361B(6)(d) substituted (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 8(6)(b); S.I. 2012/1008, art. 3(e) (with arts. 7, 9-11)

F10S. 361B(6)(d)(iii) repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d)

F11Words in s. 361B(6)(e) substituted (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 8(6)(b); S.I. 2012/1008, art. 3(e) (with arts. 7, 9-11)

F15361CDirections by the Secretary of State to revise the strategyE+W

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Textual Amendments

[F16361D[F17The London Environment Strategy: adaptation to climate change]E+W

F18(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)The [F19provisions of the London Environment Strategy dealing with adaptation to climate change] shall contain—

(a)the Mayor's assessment of the consequences of climate change for Greater London;

(b)the Mayor's proposals and policies for adaptation to climate change, so far as relating to Greater London.

F20(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)In this section—

F21361EDirections by the Secretary of State to revise the strategyE+W

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