Introductory Text
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 carrier bags
77.Charges for 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
SCHEDULES
SCHEDULE 1
The Committee on Climate Change
Membership
1.(1) The Committee shall consist of— (a) a person appointed...
2.The national authorities may, after consulting the chair, appoint one...
Term of office
3.A member holds and vacates office in accordance with the...
4.A member may resign by giving written notice to the...
5.The national authorities may remove a member—
6.A person ceases to be the chair or the deputy...
7.A person who— (a) ceases to be a member, or...
Remuneration and pensions etc
8.The Committee may pay to the members such remuneration and...
9.The Committee must, if required to do so by the...
10.If the national authorities consider there are special circumstances which...
Staff
11.(1) The Committee must appoint a person to be chief...
12.The Committee may appoint other employees.
13.The Committee must, if required to do so by the...
14.(1) In Schedule 1 to the Superannuation Act 1972 (c....
Sub-committees
15.(1) The Committee may establish sub-committees. (2) A sub-committee may...
The Adaptation Sub-Committee
16.(1) There shall be a sub-committee of the Committee, to...
Proceedings
17.The Committee may regulate— (a) its own procedure (including quorum),...
18.The validity of anything done by the Committee or any...
19.The Committee must publish the minutes of its meetings in...
Discharge of functions
20.The Committee may authorise a sub-committee, member or employee to...
Application of seal and proof of documents
21.(1) The application of the Committee's seal must be authenticated...
Reports and accounts
22.(1) For each financial year the Committee must—
23.In this Schedule “financial year” means— (a) the period beginning...
24.(1) The Committee must keep proper accounts and proper records...
Information
25.(1) The Committee must provide the national authorities with such...
Publication of advice etc
26.A requirement under this Act for the Committee to publish...
Status
27.(1) The Committee is not to be regarded as the...
Public Records Act 1958 (c. 51)
28.In Schedule 1 to the Public Records Act 1958 (definition...
Parliamentary Commissioner Act 1967 (c. 13)
29.In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments...
House of Commons Disqualification Act 1975 (c. 24)
30.In Part 2 of Schedule 1 to the House of...
Northern Ireland Assembly Disqualification Act 1975 (c. 25)
31.In Part 2 of Schedule 1 to the Northern Ireland...
Race Relations Act 1976 (c. 74)
32.In Part 2 of Schedule 1A to the Race Relations...
Freedom of Information Act 2000 (c. 36)
33.In Part 6 of Schedule 1 to the Freedom of...
Scottish Public Services Ombudsman Act 2002 (asp 11)
34.(1) The Scottish Public Services Ombudsman Act 2002 is amended...
Public Services Ombudsman (Wales) Act 2005 (c. 10)
35.In Schedule 3 to the Public Services Ombudsman (Wales) Act...
SCHEDULE 2
Trading schemes
Part 1 Schemes limiting activities
Introductory
1.This Part of this Schedule deals with trading schemes that...
Trading periods
2.The regulations must specify the period or periods by reference...
Activities
3.(1) The regulations must identify the activities to which the...
Participants
4.(1) The regulations must identify the persons to whom the...
Allocation of allowances
5.(1) The regulations may provide for the allocation among the...
Use of allowances
6.(1) The regulations may require each participant to have or...
Credits
7.(1) The regulations may enable participants to offset the carrying...
Payments
8.(1) The regulations may provide that a participant who does...
Trading
9.(1) The regulations must provide for the participants in a...
Permits
10.(1) The regulations may provide that participants may only carry...
Units under other schemes
11.(1) The regulations may make provision for recognising any of...
Part 2 Schemes encouraging activities
Introductory
12.This Part of this Schedule deals with trading schemes that...
Trading periods
13.The regulations must specify the period or periods by reference...
Activities
14.(1) The regulations must identify the activities to which the...
Participants
15.(1) The regulations must identify the persons to whom the...
Targets and obligations
16.The regulations must, for each trading period—
Certificates
17.(1) The regulations must provide for the issue of certificates...
Payments
18.(1) The regulations may provide that a participant who does...
Trading
19.(1) The regulations must provide for the participants in a...
Units under other schemes
20.(1) The regulations may make provision for recognising any of...
Part 3 Administration and enforcement
The administrator
21.(1) The regulations may appoint a person as the administrator...
Information
22.(1) The regulations may require such information as may be...
Registers
23.(1) The regulations may provide for the creation and maintenance...
Publication of information
24.The regulations may confer or impose functions on the administrator...
Acquisition of units by the administrator
25.The regulations may confer powers on the administrator of a...
Charges
26.(1) The regulations may— (a) require the payment by participants...
Monitoring compliance
27.(1) The regulations may make provision for monitoring compliance with...
Enforcement
28.(1) The regulations may confer powers on a person to...
Penalties
29.(1) The regulations may provide that a person is liable...
Offences
30.(1) The regulations may create offences relating to trading schemes....
Appeals
31.(1) The regulations may confer rights of appeal against—
SCHEDULE 3
Trading schemes regulations: further provisions
Part 1 Regulations made by a single national authority
1.This Part of this Schedule applies in relation to an...
2.(1) Where the instrument contains regulations that—
3.(1) An instrument containing regulations made by the Secretary of...
4.Any provision that may be made by regulations subject to...
Part 2 Regulations made by two or more national authorities
5.This Part of this Schedule applies in relation to an...
6.If any of the regulations are subject to affirmative resolution...
7.Paragraphs 2 and 3 (affirmative and negative resolution procedure) apply...
8.(1) If in accordance with paragraph 3 (negative resolution procedure)—...
Part 3 Power to make provision by Order in Council
9.(1) Her Majesty may by Order in Council make provision...
10.No recommendation is to be made to Her Majesty in...
11.(1) This paragraph applies to an Order in Council under...
12.(1) This paragraph applies to an Order in Council under...
13.(1) If in accordance with paragraph 12—
SCHEDULE 4
Trading schemes: powers to require information
Introductory
1.(1) The powers conferred by this Schedule are exercisable by...
Information from electricity suppliers and distributors
2.(1) An environmental authority may, for the purposes of enabling...
Information from potential participants in a trading scheme
3.(1) An environmental authority may, for the purposes of enabling...
Requirements for a valid notice
4.(1) A notice under this Schedule must comply with the...
Failure to comply with notice etc an offence
5.(1) A person who— (a) fails without reasonable excuse to...
Disclosure of information
6.(1) This paragraph applies to information obtained by an environmental...
SCHEDULE 5
Waste reduction schemes
Part 1 Main provisions
1.After section 60 of the Environmental Protection Act 1990 (c....
2.After Schedule 2A to that Act insert— SCHEDULE 2AA Waste...
Part 2 Consequential amendments
3.(1) Section 46 of the Environmental Protection Act 1990 (c....
4.(1) Section 161 of that Act (regulations, orders and directions)...
SCHEDULE 6
Charges for carrier bags
Part 1 Powers to make regulations about charges
General power
1.The relevant national authority may make provision by regulations about...
Requirement to charge
2.The regulations may make provision requiring sellers of goods to...
2A.The regulations may make provision for treating carrier bags as...
Sellers of goods
3.(1) “Seller”, in relation to goods, has the meaning given...
Amount of charge
4.The regulations may specify the minimum amount that a seller...
4A.Destination of proceeds – Wales
4A.(1) This paragraph applies to regulations made by the Department...
4B.Interpretation of paragraph 4A
Carrier bags
5.(1) “Single use carrier bagCarrier bag” has the meaning given...
Administration
6.(1) The regulations may appoint a person (an “administrator”) to...
Record-keeping and publication of records
7.(1) The regulations may require records to be kept relating...
Enforcement
8.(1) The regulations may confer or impose powers or duties...
Part 2 Civil sanctions
Civil sanctions
9.(1) The relevant national authority may make provision by regulations...
Fixed monetary penalties
10.(1) The regulations may make provision conferring on an administrator...
Fixed monetary penalties: procedure
11.(1) Provision under paragraph 10 must secure that—
Discretionary requirements
12.(1) The regulations may make provision conferring on an administrator...
Discretionary requirements: procedure
13.(1) Provision under paragraph 12 must secure that—
Discretionary requirements: enforcement
14.(1) Provision under paragraph 12 may include provision for a...
Combination of sanctions
15.(1) Provision may not be made under paragraphs 10 and...
Monetary penalties
16.(1) If the regulations confer power on an administrator to...
Costs recovery
17.(1) Provision under paragraph 12 may include provision for an...
Appeals
18.(1) The regulations may not provide for the making of...
Publicity for imposition of civil sanctions
19.(1) The regulations may make provision enabling an administrator to...
Persons liable to civil sanctions
20.The regulations may make provision about the persons liable to...
Guidance as to use of civil sanctions
21.(1) Where power is conferred on an administrator by the...
Publication of enforcement action
22.(1) Where power is conferred on an administrator by the...
Compliance with regulatory principles
23.A relevant national authority may not make any provision conferring...
Review
24.(1) A relevant national authority must in accordance with this...
Suspension
25.(1) Where provision has been made by a relevant national...
Payment of penalties into Consolidated Fund
26.(1) Where pursuant to any provision made under this Schedule...
Part 3 Procedures applying to regulations
Regulations made by a single authority
27.(1) This paragraph applies in relation to an instrument containing...
Regulations made by two or more national authorities
28.(1) This paragraph applies in relation to an instrument containing...
Hybrid instruments
29.If a draft of an instrument containing regulations under this...
SCHEDULE 7
Renewable transport fuel obligations
Introductory
1.Chapter 5 of Part 2 of the Energy Act 2004...
The Administrator
2.For section 125 (the Administrator) substitute— Appointment of the Administrator...
Determination of amounts of transport fuel
3.In section 126 (determination of amounts of transport fuel), after...
Discharge of obligation by payment
4.In section 128 (discharge of obligation by payment), for subsections...
Civil penalties
5.In section 129 (imposition of civil penalties), for subsection (7)...
Disclosure of information
6.After section 131 insert— Disclosure of information held by Revenue...
Interpretation
7.(1) Section 132(1) (interpretation of Chapter 5 of Part 2)...
SCHEDULE 8
Carbon emissions reduction targets
Gas Act 1986 (c. 44)
1.(1) Section 33BC of the Gas Act 1986 (promotion of...
Electricity Act 1989 (c. 29)
2.In section 6(9) of the Electricity Act 1989 (definition of...
3.(1) Section 41A of that Act (promotion of reductions in...
4.(1) Section 42AA of that Act (publication of statistical information...
5.In section 64(1) of that Act (interpretation etc of Part...
Utilities Act 2000 (c. 27)
6.(1) Section 103 of the Utilities Act 2000 (overall carbon...
