Determination of excess UK assigned amount units3.
(1)
The Secretary of State must as soon as is practicable after 31st March 2024—
(a)
determine whether the assigned amount is greater than the sum of—
(ii)
that part of the carbon budget for the 2018–2022 budgetary period5 which falls within the second commitment period; and
(b)
where the assigned amount under sub-paragraph (a) is greater, calculate the number of UK assigned amount units that represent the excess.
(2)
The calculation under paragraph (1)(b) must be made using the best evidence available to the Secretary of State at the time the calculation is made and must take into account—
(a)
net UK emissions6 as reported in—
(i)
the final statement7 for the carbon budget for the 2013-2017 budgetary period;
(ii)
the annual statement8 of UK emissions in respect of 2022 insofar as that statement relates to the second commitment period; and
(b)
net UK emissions as reported to the United Nations Framework Convention on Climate Change in the final accounting report9 for the United Kingdom for the second commitment period.
(3)
The Secretary of State must ensure that UK assigned amount units that represent the excess, as calculated under paragraph (1)(b), are not used to offset greenhouse gas emissions in the United Kingdom or elsewhere.