Climate Change Act 2008 in Scotland
2008 c. 27 · Enacted 26 November 2008 · Extends to United Kingdom
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:—
Contents
- Part 1: Carbon target and budgeting
- The target for 2050
- 1The target for 2050
- 2Amendment of 2050 target or baseline year
- 3Consultation on order amending 2050 target or baseline year
- Carbon budgeting
- 4Carbon budgets
- 5Level of carbon budgets
- 6Amendment of target percentages
- 7Consultation on order setting or amending target percentages
- 8Setting of carbon budgets for budgetary periods
- 9Consultation on carbon budgets
- 10Matters to be taken into account in connection with carbon budgets
- Limit on use of carbon units
- 11Limit on use of carbon units
- Indicative annual ranges
- 12Duty to provide indicative annual ranges for net UK carbon account
- Proposals and policies for meeting carbon budgets
- 13Duty to prepare proposals and policies for meeting carbon budgets
- 14Duty to report on proposals and policies for meeting carbon budgets
- 15Duty to have regard to need for UK domestic action on climate change
- Determination whether objectives met
- 16Annual statement of UK emissions
- 17Powers to carry amounts from one budgetary period to another
- 18Final statement for budgetary period
- 19Duty to report on proposals and policies for compensating for budget excess
- 20Final statement for 2050
- Alteration of budgets or budgetary periods
- 21Alteration of carbon budgets
- 22Consultation on alteration of carbon budgets
- 23Alteration of budgetary periods
- Targeted greenhouse gases
- 24Targeted greenhouse gases
- 25Base years for targeted greenhouse gases other than CO2
- Carbon units, carbon accounting and the net UK carbon account
- 26Carbon units and carbon accounting
- 27Net UK carbon account
- 28Procedure for regulations under section 26 or 27
- Other supplementary provisions
- 29UK emissions and removals of greenhouse gases
- 30Emissions from international aviation or international shipping
- 31Procedure for regulations under section 30
- Part 2: The Committee on Climate Change
- The Committee
- 32The Committee on Climate Change
- Functions of the Committee
- 33Advice on level of 2050 target
- 34Advice in connection with carbon budgets
- 35Advice on emissions from international aviation and international shipping
- 36Reports on progress
- 37Response to Committee's reports on progress
- 38Duty to provide advice or other assistance on request
- Supplementary provisions
- 39General ancillary powers
- 40Grants to the Committee
- 41Powers to give guidance
- 42Powers to give directions
- Interpretation
- 43Interpretation of Part 2
- Part 3: Trading schemes
- Trading schemes
- 44Trading schemes
- 45Activities to which trading schemes may apply
- 46Matters that may or must be provided for in regulations
- Authorities and regulations
- 47Relevant national authorities
- 48Procedure for making regulations
- 49Further provisions about regulations
- Other supplementary provisions
- 50Information
- 51Powers to give guidance
- 52Powers to give directions
- 53Grants to administrators and participants
- 54Power to make consequential provision
- Interpretation
- 55Interpretation of Part 3
- Part 4: Impact of and adaptation to climate change
- National reports and programmes
- 56Report on impact of climate change
- 57Advice of Committee on Climate Change on impact report
- 58Programme for adaptation to climate change
- 59Reporting on progress in connection with adaptation
- 60Programme for adaptation to climate change: Northern Ireland
- Reporting authorities: non-devolved functions
- 61Guidance by Secretary of State to reporting authorities
- 62Directions by Secretary of State to prepare reports
- 63Compliance with Secretary of State's directions
- 64Consent of, or consultation with, devolved authorities
- 65Report on exercise of power to give directions
- Reporting authorities: devolved Welsh functions
- 66Guidance by Welsh Ministers to reporting authorities
- 67Directions by Welsh Ministers to prepare reports
- 68Compliance with Welsh Ministers' directions
- 69Consent of, or consultation with, Secretary of State
- Interpretation
- 70Interpretation
- Part 5: Other provisions
- 71Waste reduction schemes
- 72Waste reduction provisions: piloting Repealed
- 73Waste reduction provisions: report and review Repealed
- 74Waste reduction provisions: interim report Repealed
- 75Waste reduction provisions: roll-out or repeal Repealed
- 76Collection of household waste
- 77Charges for single use carrier bagscarrier bags
- Renewable transport fuel obligations
- 78Renewable transport fuel obligations
- Carbon emissions reduction targets
- 79Carbon emissions reduction targets
- Miscellaneous
- 80Report on climate change: Wales
- 82Repeal of previous reporting obligation
- 83Guidance on reporting
- 84Report on contribution of reporting to climate change objectives
- 85Regulations about reporting by companies
- 86Report on the civil estate
- 87Power of Ministers and departments to offset greenhouse gas emissions
- Part 6: General supplementary provisions
- Territorial scope of provisions relating to greenhouse gas emissions
- 89Territorial scope of provisions relating to greenhouse gas emissions
- Orders and regulations
- 90Orders and regulations
- 91Affirmative and negative resolution procedure
- Interpretation
- 92Meaning of “greenhouse gas”
- 93Measurement of emissions etc by reference to carbon dioxide equivalent
- 94Meaning of “international carbon reporting practice”
- 95Meaning of “national authority”
- 96Meaning of “relevant Northern Ireland department”
- 97Minor definitions
- 98Index of defined expressions
- Final provisions
- 99Extent
- 100Commencement
- 101Short title
- Schedule 1: The Committee on Climate Change
- Membership
- 1Paragraph 1
- 2Paragraph 2
- Term of office
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Remuneration and pensions etc
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- Staff
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- Sub-committees
- 15Paragraph 15
- The Adaptation Sub-Committee
- 16Paragraph 16
- Proceedings
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- Discharge of functions
- 20Paragraph 20
- Application of seal and proof of documents
- Reports and accounts
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- Information
- 25Paragraph 25
- Publication of advice etc
- 26Paragraph 26
- Status
- 27Paragraph 27
- Public Records Act 1958 (c. 51)
- 28Paragraph 28
- Parliamentary Commissioner Act 1967 (c. 13)
- 29Paragraph 29
- House of Commons Disqualification Act 1975 (c. 24)
- 30Paragraph 30
- Northern Ireland Assembly Disqualification Act 1975 (c. 25)
- 31Paragraph 31
- Race Relations Act 1976 (c. 74)
- 32Paragraph 32
- Freedom of Information Act 2000 (c. 36)
- 33Paragraph 33
- Scottish Public Services Ombudsman Act 2002 (asp 11)
- 34Paragraph 34
- Public Services Ombudsman (Wales) Act 2005 (c. 10)
- 35Paragraph 35
- Schedule 2: Trading schemes
- Part 1: Schemes limiting activities
- Introductory
- 1Paragraph 1
- Trading periods
- 2Paragraph 2
- Activities
- 3Paragraph 3
- Participants
- 4Paragraph 4
- Allocation of allowances
- 5Paragraph 5
- Use of allowances
- 6Paragraph 6
- Credits
- 7Paragraph 7
- Payments
- 8Paragraph 8
- Trading
- 9Paragraph 9
- Permits
- 10Paragraph 10
- Units under other schemes
- 11Paragraph 11
- Part 2: Schemes encouraging activities
- Introductory
- 12Paragraph 12
- Trading periods
- 13Paragraph 13
- Activities
- 14Paragraph 14
- Participants
- 15Paragraph 15
- Targets and obligations
- 16Paragraph 16
- Certificates
- 17Paragraph 17
- Payments
- 18Paragraph 18
- Trading
- 19Paragraph 19
- Units under other schemes
- 20Paragraph 20
- Part 3: Administration and enforcement
- The administrator
- 21Paragraph 21
- Information
- 22Paragraph 22
- Registers
- 23Paragraph 23
- Publication of information
- 24Paragraph 24
- Acquisition of units by the administrator
- 25Paragraph 25
- Charges
- 26Paragraph 26
- Monitoring compliance
- 27Paragraph 27
- Enforcement
- 28Paragraph 28
- Penalties
- 29Paragraph 29
- Offences
- 30Paragraph 30
- Appeals
- 31Paragraph 31
- Schedule 3: Trading schemes regulations: further provisions
- Part 1: Regulations made by a single national authority
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Part 2: Regulations made by two or more national authorities
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- Part 3: Power to make provision by Order in Council
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- Schedule 4: Trading schemes: powers to require information
- Introductory
- 1Paragraph 1
- Information from electricity suppliers and distributors
- 2Paragraph 2
- Information from potential participants in a trading scheme
- 3Paragraph 3
- Requirements for a valid notice
- 4Paragraph 4
- Failure to comply with notice etc an offence
- 5Paragraph 5
- Disclosure of information
- 6Paragraph 6
- Part 1: Main provisions Repealed
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- Part 2: Consequential amendments Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- Part 1: Powers to make regulations about charges
- General power
- 1Paragraph 1
- Requirement to charge
- 2Paragraph 2
- 2AParagraph 2A
- Sellers of goods
- 3Paragraph 3
- Amount of charge
- 4Paragraph 4
- 4ADestination of proceeds – Wales
- 4AParagraph 4A
- 4BInterpretation of paragraph 4A
- Single use carrier bagsCarrier bags
- 5Paragraph 5
- Administration
- 6Paragraph 6
- Registration
- 6AParagraph 6A
- Record-keeping and publication of records
- 7Paragraph 7
- Enforcement
- 8Paragraph 8
- Part 2: Civil sanctions
- Civil sanctions
- 9Paragraph 9
- Fixed monetary penalties
- 10Paragraph 10
- Fixed monetary penalties: procedure
- 11Paragraph 11
- Discretionary requirements
- 12Paragraph 12
- Discretionary requirements: procedure
- 13Paragraph 13
- Discretionary requirements: enforcement
- 14Paragraph 14
- Combination of sanctions
- 15Paragraph 15
- Monetary penalties
- 16Paragraph 16
- Costs recovery
- 17Paragraph 17
- Appeals
- 18Paragraph 18
- Publicity for imposition of civil sanctions
- 19Paragraph 19
- Persons liable to civil sanctions
- 20Paragraph 20
- Guidance as to use of civil sanctions
- 21Paragraph 21
- Publication of enforcement action
- 22Paragraph 22
- Compliance with regulatory principles
- 23Paragraph 23
- Review
- 24Paragraph 24
- Suspension
- 25Paragraph 25
- Payment of penalties into Consolidated Fund
- 26Paragraph 26
- Part 3: Procedures applying to regulations
- Regulations made by a single authority
- 27Paragraph 27
- Regulations made by two or more national authorities
- 28Paragraph 28
- Hybrid instruments
- 29Paragraph 29
- Schedule 7: Renewable transport fuel obligations
- Introductory
- 1Paragraph 1
- The Administrator
- 2Paragraph 2
- Determination of amounts of transport fuel
- 3Paragraph 3
- Discharge of obligation by payment
- 4Paragraph 4
- Civil penalties
- 5Paragraph 5
- Disclosure of information
- 6Paragraph 6
- Interpretation
- 7Paragraph 7
- Schedule 8: Carbon emissions reduction targets
- Gas Act 1986 (c. 44)
- 1Paragraph 1
- Electricity Act 1989 (c. 29)
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Utilities Act 2000 (c. 27)
- 6Paragraph 6