Updates

The Climate Change (Targeted Greenhouse Gases) Order 2023

  • Legal

Jurisdiction: United Kingdom

Commencement: 2nd February 2023

Amends: Climate Change Act 2008

Mini Summary

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.

 

Amendment

Nitrogen trifluoride (NF3)* is added to the scope of greenhouse gas emissions that must be captured and reported for the Annual Statement of Emissions** 2021.

*NF3 is an inorganic, colourless, and non-flammable greenhouse gas that is used in a small number of industrial processes.

**Annual Statement of Emissions are required under section 16 of the Climate Change Act 2008. They set out the steps taken to calculate the net UK carbon account.

There are no changes to duties for organisations.

Link to full government text

 

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