Climate Change Act 2008 Explanatory Notes

Climate Change Act 2008

2008 CHAPTER 27

Commentary on Sections

Part 1: Carbon Target and Budgeting

Carbon budgeting

Section 9: Consultation on carbon budgets

56. This section sets out the procedures that the Secretary of State must follow before setting a carbon budget.

57. Subsection (1) places a duty on the Secretary of State to take into account advice from the Committee on Climate Change (as provided for in section 34). The Secretary of State also has to consider any views of the devolved administrations.

58. Subsections (2) to (5) set out the stages of the process:

• Subsection (2) provides that the devolved administrations have three months to send the Secretary of State their views. If they send their views within the three month period, the Secretary of State can lay a draft order before Parliament immediately after he has considered them; otherwise, he may lay the draft order only after the three month period has expired;

• Subsections (3) to (5) place a duty on the Secretary of State to publish a statement that sets out whether and how he has taken account of the devolved administrations’ views. If the budget is not set at the level recommended by the Committee, the Secretary of State must publish a statement explaining why not. The Secretary of State must publish the statements when he lays the order, in any way he thinks is appropriate.