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The Climate Change Act 2008 (Credit Limit) Order 2016

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2016, ISBN 9780111147818

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before Parliament under sections 11(6) and 91(1) of the Climate Change Act 2008, for approval by resolution of each House of Parliament.

Climate Change

Made 2016

Coming into force in accordance with article 1

A draft of this instrument was laid before and approved by a resolution of each House of Parliament, in accordance with sections 11(6) and 91(1) of the Climate Change Act 2008 (“the Act”)f1.

Before the draft was so laid, the Secretary of State—

(a)

took into account the advice of the Committee on Climate Change under section 34(1)(b) in relation to the 2018-2022 budgetary period in accordance with section 11(7)(a) of the Act; and

(b)

consulted the Scottish Ministers, the Welsh Ministers and the Department of the Environment in Northern Ireland in accordance with section 11(7)(b) of the Actf2.

Accordingly the Secretary of State, in exercise of the powers conferred by section 11(4) and (5) of the Act, makes the following Order:

Annotations to the whole text

Footnotes

f1

2008 c.27.

f2

See the definitions of “national authority” and “the relevant Northern Ireland department” in sections 95 and 96.

Contents

  1. 1Citation and coming into force
  2. 2Interpretation
  3. 3Limit on the net amount of carbon units
  4. Signature
  5. Explanatory note

1Citation and coming into force

This Order may be cited as the Climate Change Act 2008 (Credit Limit) Order 2016 and comes into force on the day after the day on which it is made.

2Interpretation

In this Order—

  • “the Emissions Trading Directive” means Directive 2003/87/EC of the European Parliament and of the Council establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/ECf1; and

  • “the EU ETS” means the scheme for greenhouse gas allowance trading established under the Emissions Trading Directive as implemented by the Greenhouse Gas Emissions Trading Scheme Regulations 2012f2 (including that scheme as amended from time to time), or any replacement for that scheme that has effect for any of the 2018-2022 budgetary period.

3Limit on the net amount of carbon units

(1)

The limit on the net amount of carbon unitsf1 that may be credited to the net UK carbon account for the 2018-2022 budgetary period is 55,000,000 carbon units.

(2)

Carbon units credited to or debited from the net UK carbon account as a result of the operation of the EU ETS in respect of each year of the 2018-2022 budgetary period in accordance with regulations made under section 27(3) of the Climate Change Act 2008 do not count towards the limit in paragraph (1).

Signature

Name

Secretary of State

Department of Energy and Climate Change

Date

Explanatory note

(This note is not part of the Order)

This Order sets a limit of the net amount of carbon units that may be credited to the net UK carbon account for the 2018-2022 budgetary period of 55,000,000 carbon units. Article 3(2) sets out certain carbon units which are excluded from the level of the limit. They are carbon units credited to and debited from the net UK carbon account as a result of the operation of the EU emissions trading scheme during the 2018-2022 budgetary period in accordance with regulations made under section 27(3) of the Climate Change Act 2008. Carbon units are defined in regulation 3 of the Carbon Accounting Regulations 2009 (S.I. 2009/1257).

A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Department of Energy and Climate Change at 3 Whitehall Place, London, SW1A 2AW and published with its Explanatory Memorandum alongside this instrument on www.legislation.gov.uk.