The Climate Change Act 2008 establishes a framework to reduce greenhouse gas emissions in the UK, to help move towards a low carbon economy and meet the targets set in this Act. This Act covers the UK; however Scotland has also made the Climate Change (Scotland) Act in addition to this.
Duties
The Act does not have any direct duties on organisations; however, they may be affected by secondary legislation. It is the duty of the Secretary of State to ensure that the UK reduces its greenhouse gas emissions by the targeted amount.

Part 1 – Carbon target and budgeting
A duty is put on the Secretary of State to reduce UK greenhouse gas emissions to at least 80% below the 1990 baseline by 2050. In addition, carbon budgets must be set for each 5-year period, starting 2008-2012. Reports must be made to Parliament on the UK emissions levels and the measures the Government will take to meet the carbon budgets. The carbon budget for 2018-2022 must be consistent with the target to reduce greenhouse gas emissions by 26% below the 1990 baseline by 2020.

Part 2 – The Committee on Climate Change
This establishes the Committee on Climate Change as an independent, non-departmental body to advise the Secretary of State. The Committee must make an annual report to Parliament on the progress made to meet the carbon targets and budget set in Part 1.

Part 3 – Trading schemes
Part 3 includes powers to enable the Government to introduce new trading schemes related to greenhouse gas emissions to be set up via secondary legislation.

Part 4 – Impact of, and adaptation to, climate change
The Secretary of State has a duty to carry out an assessment of the risks to the UK from the impact of climate change and provide reports every 5 years.

Part 5 – Other provisions
Other measures for the reduction of greenhouse gases are introduced, including for pilot waste reduction schemes, for regulations to be made relating to single use carrier bag charges, provisions to enable a renewable transport obligation scheme to be established under the Energy Act 2004, and for carbon emissions reduction targets to be set.

Part 6 – General supplementary provisions
This describes the territorial scope of provisions in the Act.

On the 1st July 2010, the National Oil Reserves Agency (NORA) commenced its administration of Ireland’s Biofuel Obligation Scheme upon the introduction of the Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010. The Act was introduced to give effect to the provisions of the Council Directive 2009/28/EC on the promotion of the use of energy from renewable sources.

The Biofuels Obligation Scheme (BOS) places an obligation on suppliers of mineral oil to ensure that 16.985% (by volume) of the motor fuels (generally Gasoline and Motor Diesel) they place on the market in Ireland is produced from renewable sources, e.g. Ethanol and Biodiesel.  The obligation was increased from 1st January 2023; it was previously 14.942%. Under the terms of the National Oil Reserves Agency Act 2007 (Returns and Biofuel Levy) Regulations 2010 (SI 356/2010), a Biofuel Levy of 2 cents per litre is payable on the sales of all Biofuels into the market with effect from the 1st July 2010.

The Environment Act 1995 introduced the idea of a National Air Quality Strategy to be prepared by the Secretary of State with requirements on Local Authorities to review local air quality for 7 pollutants and to adopt action plans to achieve air quality targets.

The Commencement Order as of 23 December 1997 implements various sections of the Environment Act 1995, Part IV relating to the role of Local Authorities in the management of air quality.

The Secretary of State has published a statement containing policies to assess and manage air quality. The statement includes standards relating to air quality objectives, including restrictions for the emission of particular substances, and measures to be taken by Local Authorities and others (the public, householders, vehicle owners, industry and commerce).

Local Authorities are required to survey and report air quality in their areas, this includes making a prediction of likely air quality level in the future. Local Authorities are empowered to establish Air Quality Management Areas where air quality standards are not, or are not likely to be met. Where this is the case an action plan must be produced setting out how standards will be met. Local Authorities are then able to use all exercisable powers in order to achieve objectives.

The Environment Agency must also have regard to the National Air Quality Strategy when carrying out its duties.
Duties
Although industry is not directly affected by this legislation regard must be had of indirect implications. Where air quality standards are not being met in an area, then the Local Authority will be under an obligation to reverse this trend using any exercisable powers. This may include increased restrictions or limits on industrial emissions to atmosphere.

The Renewable Heat Incentive Scheme Regulations 2018 revoke and replace the Renewable Heat Incentive Scheme Regulations 2011.

They continue the Renewable Heat Incentive (RHI) Scheme to facilitate and encourage the renewable generation of heat by giving subsidy payments to eligible generators of renewable heat and producers of biomethane.

*Note from 31st March 2021 the scheme is closed to new applicants barring a few exceptions. Payments for installations already accredited under the scheme will continue until 31st March 2041.*
Duties
Part 1: Introductory provisions
The Gas and Electricity Markets Authority (‘the Authority’)  must make, to participants who are owners of accredited RHI installations, payments for generating heat that is:

• used in a building for any of the following purposes:
  • heating a space;
  • heating water;
  • carrying out a process; or
• used otherwise than in a building for either of the following purposes carried out on a commercial basis:
  • cleaning;
  • drying.

The Authority must make periodic support payments to participants who are producers of biomethane for injection.

The Authority must not make periodic support payments for the generation of heat by an accredited RHI installation which the Authority considers is used for an excluded heat use. This includes heating a swimming pool other than one which is used for commercial or municipal purposes, drying digestate or woodfuel (with exceptions), and drying, cleaning or processing certain waste.

Part 2: Eligibility and matters relating to eligibility
Chapter 1 defines the eligibility criteria that must be satisfied for a plant to be eligible to participate in the Scheme.

Chapter 2 specifies the eligibility criteria other than those in relation to metering.

Chapter 3 specifies the eligibility criteria in relation to metering, setting out the types of meters which may be used, the requirements with which they must comply, and what must be measured.

Part 3: Accreditation, registration and tariff guarantees
An owner of a plant, including a plant which is additional RHI capacity, may apply for it to be accredited. An application for accreditation may be accepted or refused by the Authority.

A producer of biomethane for injection may apply to the Authority to be registered as a participant. An application for registration may be accepted or refused by the Authority.

In specified circumstances the Authority may or may not accredit a plant or register a biomethane producer where the participant has received a grant from public funds.

A person may apply for, and the Authority may grant preliminary accreditation in respect of, a plant and preliminary registration of biomethane producers.

In specified circumstances a person may apply for, and the Authority may grant a tariff guarantee subject to the budget allocation for, tariff guarantees set by the Secretary of State.

Part 4: Ongoing obligations for participants
Chapter 1 of Part 4 sets out ongoing obligations with which participants generating heat from biomass must comply.

Chapter 2 of Part 4 sets out ongoing obligations for participants who are generating heat from biogas and producing biomethane for injection.

Chapter 3 of Part 4 sets out the ongoing obligations for participants which are not specific to those participants generating heat from biomass or biogas or producing biomethane for injection.

Part 5: Sustainable solid biomass, biogas or biomethane
Part 5 imposes requirements in relation to solid biomass or biogas used to generate heat and on biomethane which is injected. These provisions require compliance with life cycle greenhouse gas emission limits and restrict the place from which solid biomass or feedstock for biogas or biomethane can be sourced.

Part 6: Changes affecting accredited RHI installations and registered producers
This Part specifies the powers of the Authority, including suspending payments where it is made aware of a change in circumstances affecting an accredited RHI installation, including where there has been a transfer in ownership or a change in location of an RHI installation, or a change in circumstances in respect of a shared ground loop system such that the heat generated by a ground source heat pump forming part of that system is required to be metered.

Part 7: Periodic support payments
Part 7 confers on the Authority the function of calculating and paying periodic support payments to participants. These Regulations specify the method by which tariffs are assigned; confer a function on the Authority to calculate and publish a table of tariffs each year, adjusted in line with the consumer prices index; and specify the method by which periodic support payments are calculated.

Part 8: Additional RHI capacity and additional capacity for biomethane production
This Part specifies how a plant using the same source of energy and technology as an accredited RHI installation and supplying heat to the same heating system (known as additional RHI capacity) and how a biomethane producer who produces biomethane which is additional to the capacity specified in the initial application (known as additional biomethane) are to be treated under the Scheme.

Part 9: Enforcement
Part 9 sets out requirements in relation to the enforcement of these Regulations.

Part 10: Administrative functions of the Authority
This Part confers various administrative functions on the Authority.

Part 11: Revocations and savings
Part 11 revokes the Renewable Heat Incentive Scheme Regulations 2011, and makes saving provisions in relation to that revocation.

The Electricity (Guarantees of Origin of Electricity Produced from Renewable Energy Sources) Regulations 2003 implement Article 5 of Directive 2009/28/EC on the promotion of the use of energy from renewable sources (the Renewable Energy Directive).

Article 5 requires Member States to ensure that a Guarantee of Origin (GOO) is issued, on request, in respect of electricity produced from renewable energy sources.

Guarantees of Origin (GOO) are certificates issued by ‘the Authority’ which certify that electricity or was produced from renewable energy sources.

Within the UK GOOs are called Renewable Energy Guarantees of Origin (REGOs)

The Gas and Electricity Markets Authority is designated as the body to issue Renewable Energy Guarantees of Origin (REGOs) in Great Britain.

REGOs must:

• Specify the energy source(s) from which the electricity was produced, the dates and place of production, and in the case of hydro-electricity, the capacity of the installation;
• Serve to enable producers of electricity from renewable energy sources to demonstrate that the electricity they sell is produced from renewable sources; and
• Should be mutually recognised by Member States, and any refusal to recognise should be based on objective, transparent and non-discriminatory criteria.