Climate Change Act 2008
 

Climate Change Act 2008

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CONTENTS

Climate Change Act 2008

2008 CHAPTER 27

Part 1

Carbon target and budgeting

The target for 2050

1. The target for 2050

2. Amendment of 2050 target or baseline year

3. Consultation on order amending 2050 target or baseline year

Carbon budgeting

4. Carbon budgets

5. Level of carbon budgets

6. Amendment of target percentages

7. Consultation on order setting or amending target percentages

8. Setting of carbon budgets for budgetary periods

9. Consultation on carbon budgets

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

Limit on use of carbon units

11. Limit on use of carbon units

Indicative annual ranges

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

Proposals and policies for meeting carbon budgets

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

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

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

Determination whether objectives met

16. Annual statement of UK emissions

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

18. Final statement for budgetary period

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

20. Final statement for 2050

Alteration of budgets or budgetary periods

21. Alteration of carbon budgets

22. Consultation on alteration of carbon budgets

23. Alteration of budgetary periods

Targeted greenhouse gases

24. Targeted greenhouse gases

25. Base years for targeted greenhouse gases other than CO2

Carbon units, carbon accounting and the net UK carbon account

26. Carbon units and carbon accounting

27. Net UK carbon account

28. Procedure for regulations under section 26 or 27

Other supplementary provisions

29. UK emissions and removals of greenhouse gases

30. Emissions from international aviation or international shipping

31. Procedure for regulations under section 30

Part 2

The Committee on Climate Change

The Committee

32. The Committee on Climate Change

Functions of the Committee

33. Advice on level of 2050 target

34. Advice in connection with carbon budgets

35. Advice on emissions from international aviation and international shipping

36. Reports on progress

37. Response to Committee’s reports on progress

38. Duty to provide advice or other assistance on request

Supplementary provisions

39. General ancillary powers

40. Grants to the Committee

41. Powers to give guidance

42. Powers to give directions

Interpretation

43. Interpretation of Part 2

Part 3

Trading schemes

Trading schemes

44. Trading schemes

45. Activities to which trading schemes may apply

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

Authorities and regulations

47. Relevant national authorities

48. Procedure for making regulations

49. Further provisions about regulations

Other supplementary provisions

50. Information

51. Powers to give guidance

52. Powers to give directions

53. Grants to administrators and participants

54. Power to make consequential provision

Interpretation

55. Interpretation of Part 3

Part 4

Impact of and adaptation to climate change

National reports and programmes

56. Report on impact of climate change

57. Advice of Committee on Climate Change on impact report

58. Programme for adaptation to climate change

59. Reporting on progress in connection with adaptation

60. Programme for adaptation to climate change: Northern Ireland

Reporting authorities: non-devolved functions

61. Guidance by Secretary of State to reporting authorities

62. Directions by Secretary of State to prepare reports

63. Compliance with Secretary of State’s directions

64. Consent of, or consultation with, devolved authorities

65. Report on exercise of power to give directions

Reporting authorities: devolved Welsh functions

66. Guidance by Welsh Ministers to reporting authorities

67. Directions by Welsh Ministers to prepare reports

68. Compliance with Welsh Ministers' directions

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

Interpretation

70. Interpretation

Part 5

Other provisions

Waste reduction schemes

71. Waste reduction schemes

72. Waste reduction provisions: piloting

73. Waste reduction provisions: report and review

74. Waste reduction provisions: interim report

75. Waste reduction provisions: roll-out or repeal

Collection of household waste

76. Collection of household waste

Charges for single use carrier bags

77. Charges for single use carrier bags

Renewable transport fuel obligations

78. Renewable transport fuel obligations

Carbon emissions reduction targets

79. Carbon emissions reduction targets

Miscellaneous

80. Report on climate change: Wales

81. Climate change measures reports in Wales

82. Repeal of previous reporting obligation

83. Guidance on reporting

84. Report on contribution of reporting to climate change objectives

85. Regulations about reporting by companies

86. Report on the civil estate

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

88. Fines for offences relating to pollution

Part 6

General supplementary provisions

Territorial scope of provisions relating to greenhouse gas emissions

89. Territorial scope of provisions relating to greenhouse gas emissions

Orders and regulations

90. Orders and regulations

91. Affirmative and negative resolution procedure

Interpretation

92. Meaning of “greenhouse gas”

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

94. Meaning of “international carbon reporting practice”

95. Meaning of “national authority”

96. Meaning of “relevant Northern Ireland department”

97. Minor definitions

98. Index of defined expressions

Final provisions

99. Extent

100. Commencement

101. Short title

Schedule 1: The Committee on Climate Change

Schedule 2: Trading schemes

Part 1: Schemes limiting activities

Part 2: Schemes encouraging activities

Part 3: Administration and enforcement

Schedule 3: Trading schemes regulations: further provisions

Part 1: Regulations made by a single national authority

Part 2: Regulations made by two or more national authorities

Part 3: Power to make provision by Order in Council

Schedule 4: Trading schemes: powers to require information

Schedule 5: Waste reduction schemes

Part 1: Main provisions

Part 2: Consequential amendments

Schedule 6: Charges for single use carrier bags

Part 1: Powers to make regulations about charges

Part 2: Civil sanctions

Part 3: Procedures applying to regulations

Schedule 7: Renewable transport fuel obligations

Schedule 8: Carbon emissions reduction targets

 

An Act to set a target for the year 2050 for the reduction of targeted greenhouse gas emissions; to provide for a system of carbon budgeting; to establish a Committee on Climate Change; to confer powers to establish trading schemes for the purpose of limiting greenhouse gas emissions or encouraging activities that reduce such emissions or remove greenhouse gas from the atmosphere; to make provision about adaptation to climate change; to confer powers to make schemes for providing financial incentives to produce less domestic waste and to recycle more of what is produced; to make provision about the collection of household waste; to confer powers to make provision about charging for single use carrier bags; to amend the provisions of the Energy Act 2004 about renewable transport fuel obligations; to make provision about carbon emissions reduction targets; to make other provision about climate change; and for connected purposes. 9

[26th November 2008]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part 1

Carbon target and budgeting

The target for 2050

1 The target for 2050

(1) It is the duty of the Secretary of State to ensure that the net UK carbon account for the year 2050 is at least 80% lower than the 1990 baseline.

(2) “The 1990 baseline” means the aggregate amount of—

(a) net UK emissions of carbon dioxide for that year, and

(b) net UK emissions of each of the other targeted greenhouse gases for the year that is the base year for that gas.

2 Amendment of 2050 target or baseline year

(1) The Secretary of State may by order—

(a) amend the percentage specified in section 1(1);

(b) amend section 1 to provide for a different year to be the baseline year.

(2) The power in subsection (1)(a) may only be exercised—

(a) if it appears to the Secretary of State that there have been significant developments in—

(i) scientific knowledge about climate change, or

(ii) European or international law or policy,

that make it appropriate to do so, or

(b) in connection with the making of—

(i) an order under section 24 (designation of further greenhouse gases as targeted greenhouse gases), or

(ii) regulations under section 30 (emissions from international aviation or international shipping).

(3) The developments in scientific knowledge referred to in subsection (2) are—

(a) in relation to the first exercise of the power in subsection (1)(a), developments since the passing of this Act;

(b) in relation to a subsequent exercise of that power, developments since the evidential basis for the previous exercise was established.

(4) The power in subsection (1)(b) may only be exercised if it appears to the Secretary of State that there have been significant developments in European or international law or policy that make it appropriate to do so.

(5) An order under subsection (1)(b) may make consequential amendments of other references in this Act to the baseline year.

(6) An order under this section is subject to affirmative resolution procedure.

3 Consultation on order amending 2050 target or baseline year

(1) Before laying before Parliament a draft of a statutory instrument containing an order under section 2 (order amending the 2050 target or the baseline year), the Secretary of State must—

(a) obtain, and take into account, the advice of the Committee on Climate Change, and

(b) take into account any representations made by the other national authorities.

(2) The Committee must, at the time it gives its advice to the Secretary of State, send a copy to the other national authorities.

(3) As soon as is reasonably practicable after giving its advice to the Secretary of State, the Committee must publish that advice in such manner as it considers appropriate.

(4) The Secretary of State may proceed to lay such a draft statutory instrument before Parliament without having received a national authority’s representations if the authority does not provide them before the end of the period of three months beginning with the date the Committee’s advice was sent to the authority.

(5) At the same time as laying such a draft statutory instrument before Parliament, the Secretary of State must publish a statement setting out whether and how the order takes account of any representations made by the other national authorities.

(6) If the order makes provision different from that recommended by the Committee, the Secretary of State must also publish a statement setting out the reasons for that decision.

(7) A statement under this section may be published in such manner as the Secretary of State thinks fit.

Carbon budgeting

4 Carbon budgets

(1) It is the duty of the Secretary of State—

(a) to set for each succeeding period of five years beginning with the period 2008-2012 (“budgetary periods”) an amount for the net UK carbon account (the “carbon budget”), and

(b) to ensure that the net UK carbon account for a budgetary period does not exceed the carbon budget.

(2) The carbon budget for a budgetary period may be set at any time after this Part comes into force, and must be set—

(a) for the periods 2008-2012, 2013-2017 and 2018-2022, before 1st June 2009;

(b) for any later period, not later than 30th June in the 12th year before the beginning of the period in question.

5 Level of carbon budgets

(1) The carbon budget—

(a) for the budgetary period including the year 2020, must be such that the annual equivalent of the carbon budget for the period is at least 26% lower than the 1990 baseline;

(b) for the budgetary period including the year 2050, must be such that the annual equivalent of the carbon budget for the period is lower than the 1990 baseline by at least the percentage specified in section 1 (the target for 2050);

(c) for the budgetary period including any later year specified by order of the Secretary of State, must be such that the annual equivalent of the carbon budget for the period is—

(i) lower than the 1990 baseline by at least the percentage so specified, or

(ii) at least the minimum percentage so specified, and not more than the maximum percentage so specified, lower than the 1990 baseline.

(2) The “annual equivalent”, in relation to the carbon budget for a period, means the amount of the carbon budget for the period divided by the number of years in the period.

(3) An order under this section is subject to affirmative resolution procedure.

(4) For the purposes of subsection (1)(a) there shall be left out of account—

(a) so much of the carbon budget for the budgetary period including the year 2020 as the Secretary of State may determine relates to targeted greenhouse gases other than carbon dioxide, and

(b) so much of the 1990 baseline as is attributable to targeted greenhouse gases other than carbon dioxide.

6 Amendment of target percentages

(1) The Secretary of State may by order amend—

(a) the percentage specified in section 5(1)(a);

(b) any percentage specified under section 5(1)(c).

(2) That power may only be exercised—

(a) if it appears to the Secretary of State that there have been significant developments in—

(i) scientific knowledge about climate change, or

(ii) European or international law or policy,

that make it appropriate to do so, or

(b) in connection with the making of—

(i) an order under section 24 (designation of further greenhouse gases as targeted greenhouse gases), or

(ii) regulations under section 30 (emissions from international aviation or international shipping).

(3) The developments in scientific knowledge referred to in subsection (2)(a) are—

(a) in relation to the first exercise of the power conferred by this section in relation to the percentage specified in section 5(1)(a), developments since June 2000 (the date of the Royal Commission on Environmental Pollution’s 22nd Report, “Energy – the Changing Climate”);

(b) in relation to the first exercise of the power conferred by this section in relation to any percentage specified under section 5(1)(c), developments since the evidential basis for the order setting that percentage was established;

(c) in relation to a subsequent exercise of any of those powers, developments since the evidential basis for the previous exercise was established.

(4) The power conferred by this section to amend the percentage in section 5(1)(a) includes power to amend or repeal section 5(4) (which directs that targeted greenhouse gases other than carbon dioxide are to be left out of account for the purposes of that provision).

(5) An order under this section is subject to affirmative resolution procedure.

7 Consultation on order setting or amending target percentages

(1) Before laying before Parliament a draft of a statutory instrument containing an order under section 5(1)(c) (order setting target percentage) or section 6 (order amending target percentage), the Secretary of State must—

(a) obtain, and take into account, the advice of the Committee on Climate Change, and

(b) take into account any representations made by the other national authorities.

(2) The Committee must, at the time it gives its advice to the Secretary of State, send a copy to the other national authorities.

(3) As soon as is reasonably practicable after giving its advice to the Secretary of State, the Committee must publish that advice in such manner as it considers appropriate.

(4) The Secretary of State may proceed to lay such a draft statutory instrument before Parliament without having received a national authority’s representations if the authority does not provide them before the end of the period of three months beginning with the date the Committee’s advice was sent to the authority.

(5) At the same time as laying such a draft statutory instrument before Parliament, the Secretary of State must publish a statement setting out whether and how the order takes account of any representations made by the other national authorities.

(6) If the order makes provision different from that recommended by the Committee, the Secretary of State must also publish a statement setting out the reasons for that decision.

(7) A statement under this section may be published in such manner as the Secretary of State thinks fit.

8 Setting of carbon budgets for budgetary periods

(1) The Secretary of State must set the carbon budget for a budgetary period by order.

(2) The carbon budget for a period must be set with a view to meeting—

(a) the target in section 1 (the target for 2050), and

(b) the requirements of section 5 (requirements as to level of carbon budgets),

and complying with the European and international obligations of the United Kingdom.

(3) An order setting a carbon budget is subject to affirmative resolution procedure.

9 Consultation on carbon budgets

(1) Before laying before Parliament a draft of a statutory instrument containing an order under section 8 (order setting carbon budget), the Secretary of State must—

(a) take into account the advice of the Committee on Climate Change under section 34 (advice in connection with carbon budgets), and

(b) take into account any representations made by the other national authorities.

(2) The Secretary of State may proceed to lay such a draft statutory instrument before Parliament without having received a national authority’s representations if the authority does not provide them before the end of the period of three months beginning with the date the Committee’s advice was sent to the authority.

(3) At the same time as laying such a draft statutory instrument before Parliament, the Secretary of State must publish a statement setting out whether and how the order takes account of any representations made by the other national authorities.

(4) If the order sets the carbon budget at a different level from that recommended by the Committee, the Secretary of State must also publish a statement setting out the reasons for that decision.

(5) A statement under this section may be published in such manner as the Secretary of State thinks fit.

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

(1) The following matters must be taken into account—

(a) by the Secretary of State in coming to any decision under this Part relating to carbon budgets, and

(b) by the Committee on Climate Change in considering its advice in relation to any such decision.

(2) The matters to be taken into account are—

(a) scientific knowledge about climate change;

(b) technology relevant to climate change;

(c) economic circumstances, and in particular the likely impact of the decision on the economy and the competitiveness of particular sectors of the economy;

(d) fiscal circumstances, and in particular the likely impact of the decision on taxation, public spending and public borrowing;

(e) social circumstances, and in particular the likely impact of the decision on fuel poverty;

(f) energy policy, and in particular the likely impact of the decision on energy supplies and the carbon and energy intensity of the economy;

(g) differences in circumstances between England, Wales, Scotland and Northern Ireland;

(h) circumstances at European and international level;

(i) the estimated amount of reportable emissions from international aviation and international shipping for the budgetary period or periods in question.

(3) In subsection (2)(i) “the estimated amount of reportable emissions from international aviation and international shipping”, in relation to a budgetary period, means the aggregate of the amounts relating to emissions of targeted greenhouse gases from international aviation and international shipping that the Secretary or State or (as the case may be) the Committee estimates the United Kingdom will be required to report for that period in accordance with international carbon reporting practice.

(4) Such amounts may be estimated using such reasonable method or methods as the Secretary of State or (as the case may be) the Committee considers appropriate.

(5) The duty in subsection (2)(i) applies if and to the extent that regulations under section 30 do not provide for emissions of targeted greenhouse gases from international aviation and international shipping in the budgetary period or periods in question to be treated as emissions from sources in the United Kingdom for the purposes of this Part.

(6) Section 30(1) (emissions from international aviation and international shipping not to count as emissions from UK sources for the purposes of this Part, except as provided by regulations) does not prevent the Secretary of State or the Committee from taking into account the matter referred to in subsection (2)(i) for the purposes of this section.

(7) Nothing in this section is to be read as restricting the matters that the Secretary of State or the Committee may take into account.

Limit on use of carbon units

11 Limit on use of carbon units

(1) It is the duty of the Secretary of State to set a limit on the net amount of carbon units that may be credited to the net UK carbon account for each budgetary period.

(2) The “net amount of carbon units” means—

(a) the amount of carbon units credited to the net UK carbon account for the period in accordance with regulations under section 27, less 9 9

(b) the amount of carbon units debited from the net UK carbon account for the period in accordance with such regulations.

(3) The limit for a budgetary period must be set—

(a) for the period 2008-2012, not later than 1st June 2009, and

(b) for any later period, not later than 18 months before the beginning of the period in question.

(4) The Secretary of State must set a limit under this section by order.

(5) The order may provide that carbon units of a description specified in the order do not count towards the limit.

(6) An order under this section is subject to affirmative resolution procedure.

(7) Before laying before Parliament a draft of a statutory instrument containing an order under this section in relation to a budgetary period, the Secretary of State must—

(a) take into account the advice of the Committee on Climate Change under section 34(1)(b) (advice on use of carbon units) in relation to that period, and

(b) consult the other national authorities.

Indicative annual ranges

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

(1) As soon as is reasonably practicable after making an order setting the carbon budget for a budgetary period, the Secretary of State must lay before Parliament a report setting out an indicative annual range for the net UK carbon account for each year within the period.

(2) An “indicative annual range”, in relation to a year, is a range within which the Secretary of State expects the amount of the net UK carbon account for the year to fall.

(3) Before laying a report under this section before Parliament, the Secretary of State must consult the other national authorities on the indicative annual ranges set out in the report.

(4) The Secretary of State must send a copy of the report to those authorities.

Proposals and policies for meeting carbon budgets

13 Duty to prepare proposals and policies for meeting carbon budgets

(1) The Secretary of State must prepare such proposals and policies as the Secretary of State considers will enable the carbon budgets that have been set under this Act to be met.

(2) The proposals and policies must be prepared with a view to meeting—

(a) the target in section 1 (the target for 2050), and

(b) any target set under section 5(1)(c) (power to set targets for later years).

(3) The proposals and policies, taken as a whole, must be such as to contribute to sustainable development.

(4) In preparing the proposals and policies, the Secretary of State may take into account the proposals and policies the Secretary of State considers may be prepared by other national authorities.

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

(1) As soon as is reasonably practicable after making an order setting the carbon budget for a budgetary period, the Secretary of State must lay before Parliament a report setting out proposals and policies for meeting the carbon budgets for the current and future budgetary periods up to and including that period.

(2) The report must, in particular, set out—

(a) the Secretary of State’s current proposals and policies under section 13, and

(b) the time-scales over which those proposals and policies are expected to take effect.

(3) The report must explain how the proposals and policies set out in the report affect different sectors of the economy.

(4) The report must outline the implications of the proposals and policies as regards the crediting of carbon units to the net UK carbon account for each budgetary period covered by the report.

(5) So far as the report relates to proposals and policies of the Scottish Ministers, the Welsh Ministers or a Northern Ireland department, it must be prepared in consultation with that authority.

(6) The Secretary of State must send a copy of the report to those authorities.

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

(1) In exercising functions under this Part involving consideration of how to meet—

(a) the target in section 1(1) (the target for 2050), or

(b) the carbon budget for any period,

the Secretary of State must have regard to the need for UK domestic action on climate change.

(2) “UK domestic action on climate change” means reductions in UK emissions of targeted greenhouse gases or increases in UK removals of such gases (or both).
Determination whether objectives met

16 Annual statement of UK emissions

(1) It is the duty of the Secretary of State to lay before Parliament in respect of each year, beginning with the year 2008, a statement containing the following information.

(2) In respect of each greenhouse gas (whether or not a targeted greenhouse gas), it must—

(a) state the amount for the year of UK emissions, UK removals and net UK emissions of that gas,

(b) identify the methods used to measure or calculate those amounts, and

(c) state whether any of those amounts represents an increase or decrease compared to the equivalent amount for the previous year.

(3) It must state the aggregate amount for the year of UK emissions, UK removals and net UK emissions of all greenhouse gases.

(4) If in accordance with international carbon reporting practice a change of method is such as to require adjustment of an amount for an earlier year in the same budgetary period, it must specify the adjustment required and state the adjusted amount.

(5) If emissions of a greenhouse gas from international aviation or international shipping are not required to be included in the statement by virtue of subsection (2), it must state any amounts relating to such emissions that the United Kingdom is required to report for the year in accordance with international carbon reporting practice.

(6) It must—

(a) state the total amount of carbon units that have been credited to or debited from the net UK carbon account for the year, and

(b) give details of the number and type of those carbon units.

(7) It must state the amount of the net UK carbon account for the year.

(8) It must state—

(a) the amount of net UK emissions of carbon dioxide for the year 1990,

(b) the amount of net UK emissions of each targeted greenhouse gas other than carbon dioxide for the year that is the base year for that gas, and

(c) a baseline amount for each greenhouse gas that is not a targeted greenhouse gas, determined on such basis as the Secretary of State considers appropriate.

(9) The amount referred to in subsection (8)(c) may be—

(a) the amount of net UK emissions of the gas for the year 1990 or a different year, or

(b) the average amount of net UK emissions of the gas for a number of years.

(10) The statement required by this section must be laid before Parliament not later than 31st March in the second year following that to which it relates.

(11) The Secretary of State must send a copy of the statement to the other national authorities.

17 Powers to carry amounts from one budgetary period to another

(1) The Secretary of State may decide to carry back part of the carbon budget for a budgetary period to the preceding budgetary period.

The carbon budget for the later period is reduced, and that for the earlier period increased, by the amount carried back.

(2) The amount carried back under subsection (1) must not exceed 1% of the carbon budget for the later period.

(3) The Secretary of State may decide to carry forward the whole or part of any amount by which the carbon budget for a budgetary period exceeds the net UK carbon account for the period.

The amount of the carbon budget for the next budgetary period is increased by the amount carried forward.

(4) Before deciding to carry an amount back or forward under this section, the Secretary of State must—

(a) consult the other national authorities, and

(b) obtain, and take into account, the advice of the Committee on Climate Change.

(5) Any such decision must be made no later than 31st May in the second year after the end of the earlier of the two budgetary periods affected.

18 Final statement for budgetary period

(1) It is the duty of the Secretary of State to lay before Parliament in respect of each budgetary period a statement containing the following information.

(2) In respect of each targeted greenhouse gas, it must state the final amount for the period of UK emissions, UK removals and net UK emissions of that gas.
That is the total of the amounts (or adjusted amounts) stated under section 16 (annual statement of UK emissions) in respect of that gas for the years included in the period.

(3) It must—

(a) state the final amount of carbon units that have been credited to or debited from the net UK carbon account for the period, and

(b) give details of the number and type of those carbon units.

(4) It must state the final amount of the net UK carbon account for the period.

(5) It must state whether the Secretary of State has decided to carry an amount back under section 17(1) (power to carry amount back from the budget for the next budgetary period), and if so what amount.

(6) It must state the amount of the carbon budget for the period.

That is the amount originally set, subject to any exercise of the powers conferred by section 17 (powers to carry amounts from one budgetary period to another) and any alteration of the budget under section 21.

(7) Whether the carbon budget for a period has been met shall be determined by reference to the figures given in the statement laid before Parliament under this section in respect of that period.

(8) If the carbon budget for the period has not been met, the statement must explain why it has not been met.

(9) The statement required by this section must be laid before Parliament not later than 31st May in the second year following the end of the period to which it relates.

(10) The Secretary of State must send a copy of the statement to the other national authorities.

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

(1) As soon as is reasonably practicable after laying a statement before Parliament under section 18 in respect of a period for which the net UK carbon account exceeds the carbon budget, the Secretary of State must lay before Parliament a report setting out proposals and policies to compensate in future periods for the excess emissions.

(2) So far as the report relates to proposals and policies of the Scottish Ministers, the Welsh Ministers or a Northern Ireland department, it must be prepared in consultation with that authority.

(3) The Secretary of State must send a copy of the report to those authorities.

20 Final statement for 2050

(1) It is the duty of the Secretary of State to lay before Parliament in respect of the year 2050 a statement containing the following information.

(2) In respect of each targeted greenhouse gas, it must state the amount for that year of UK emissions, UK removals and net UK emissions of that gas.

That is the amount stated for that year in respect of that gas under section 16 (annual statement of UK emissions).

(3) It must—

(a) state the amount of carbon units that have been credited to or debited from the net UK carbon account for the year, and

(b) give details of the number and type of those carbon units.

(4) It must state the amount of the net UK carbon account for that year.

(5) Whether the target in section 1 (the target for 2050) has been met shall be determined by reference to the figures given in the statement laid before Parliament under this section.

(6) If the target has not been met, the statement must explain why it has not been met.

(7) The statement required by this section must be laid before Parliament not later than 31st May 2052.

(8) The Secretary of State must send a copy of the statement to the other national authorities.

Alteration of budgets or budgetary periods

21 Alteration of carbon budgets

(1) An order setting the carbon budget for a period may not be revoked after the date by which a budget for the period was required to be set.

(2) An order setting the carbon budget for a period may be amended after the date by which a budget for the period was required to be set only if it appears to the Secretary of State that, since the budget was originally set (or previously altered), there have been significant changes affecting the basis on which the previous decision was made.

(3) An order setting the carbon budget for a period may be amended after the period has begun only if it appears to the Secretary of State that there have been such changes since the period began.

(4) An order setting the carbon budget for a period may not be amended after the period has ended.

(5) An order revoking or amending an order setting a carbon budget is subject to affirmative resolution procedure.

 
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