[AS CALLED FOR BY THE PEOPLE OF BRITAIN]
To control emissions of climate change gases in the United Kingdom; and for connected purposes.
PURPOSE OF THE BILL
(1) The principal purpose of this Act is to enhance the United Kingdom’s contribution
to combating climate change by –
(a) specifying measures and mechanisms by which the principal target is to be met, and
(b) establishing mechanisms for setting annual and other targets.
(2) The principal target is a reduction in emissions of carbon dioxide of at least 60% against the current level to be achieved by 31 December 2050.
CLIMATE CHANGE COMMISSION
(1) There is to be a body known as the Climate Change Commission.
(2) The Commission must consist of not fewer than seven and not more than 12 Commissioners.
(3) The Commissioners’ terms of office are six years from the date of the approval of each Commissioner pursuant to subsection (7).
(4) The Secretary of State must nominate up to six Commissioners, one of whom he shall also nominate to be the chairman of the Commission.
(5) The Secretary of State must seek the nomination of a further six Commissioners by the Royal Society.
(6) The Commissioners nominated pursuant to subsections (4) or (5) must be persons with experience or expertise in:
(a) climate change science,
(b) measures to reduce climate change,
(d) relevant non-governmental organisations,
(f) commerce, or
(7) The nominations made pursuant to subsections (4) or (5) must be considered by a relevant select committee of the House of Commons and no person shall become a Commissioner unless and until their appointment as such is approved by such committee.
(8) If any nomination is not approved, or a vacancy arises, the Secretary of State must make, or seek from the Royal Society, as the case may be, such further nominations as may be necessary.
(9) The Secretary of State must by regulation make provision for the constitution and management of the Commission.
(10) The Commission’s general purpose is to ensure that the principal target is met.
(11) The Commission may do anything that appears to it to be conducive or incidental to the discharge of its functions.
RESPONSIBILITY OF THE COMMISSION TO SET TARGETS
(1) The Commission must within one year of its establishment specify –
(a) framework targets, and
(b) annual targets for each of the next five subsequent years.
(2) Framework targets are targets for reductions in emissions of carbon dioxide to be achieved by 2015, 2020, 2030 and 2040, in order to meet or exceed the principal target.
(3) The Commission may specify, and from time to time revise or revoke, targets for reductions in emissions of carbon dioxide in particular sectors, if it considers that such targets will assist in meeting the principal target or any framework or annual targets.
(4) The Commission must in every calendar year until 2044 specify an annual target for the year six years thereafter.
(5) When specifying any target the Commission must have regard to –
(a) progress achieved towards reaching any existing targets; and
(b) information gathered by it pursuant to section 6(6).
(6) The Commission may revise any target if it is necessary or expedient to do so.
(7) When deciding whether or not to revise any target the Commission shall, without prejudice to the generality, take into account any information gathered by it pursuant to section 6(6) of this Act.
DUTY TO ACHIEVE TARGETS
(1) The Secretary of State must within one year of the specification of the targets under subsection 3(1) lay before Parliament a climate change strategy containing the measures that are in his opinion necessary in order to achieve such targets.
(2) It shall be the duty of –
(a) the Secretary of State to make a motion for a resolution approving the climate change strategy in the House of Commons, and
(b) the relevant Minister of the Crown to make a motion for a resolution approving the climate change strategy in the House of Lords.
(3) The Secretary of State must revise the climate change strategy in each calendar year to take into account any new or revised targets specified by the Commission under section 3, and any such revision shall be subject to subsection (2).
(4) Any revised climate change strategy approved under this section shall supersede any earlier strategy.
(5) The Secretary of State must implement the climate change strategy approved under this section.
ANNUAL REPORT TO PARLIAMENT
(1) The Secretary of State must lay annually before Parliament a carbon budget report.
(2) A carbon budget report is a report which sets out –
(a) a statement of the progress made in implementing the climate change strategy, the Secretary of State’s assessment as to whether any targets specified in or pursuant to this Act are likely to be met,
(b) establishing mechanisms for setting annual and other targets.any such assessment made by the Commission pursuant to section 6(2),
(c) the Secretary of State’s response to any reports published or recommendations made by the Commission in the previous year, and
(d) any new measures that in the Secretary of State’s opinion are required to ensure that any targets specified in or pursuant to this Act are met.
(3) The assessment referred to in subsection (2)(b) shall be made in accordance with the methodology published by the Commission under section 6(1).
(4) It shall be the duty of –
(a) the Secretary of State to make a motion for a resolution approving any carbon budget report in the House of Commons, and
(b) the relevant Minister of the Crown to make a motion for a resolution approving any carbon budget report in the House of Lords.
DUTY OF THE COMMISSION TO MONITOR THE CLIMATE CHANGE STRATEGY
(1) The Commission must publish a methodology for measuring the achievement of any targets specified in or pursuant to this Act.
(2) The Commission must assess the climate change strategy and the progress made towards achieving any targets specified in or pursuant to this Act, and must publish reports of its findings in this respect no less than twice in each calendar year.
(3) In assessing the progress made towards meeting any targets specified in or pursuant to this Act, the Commission must make allowance for measures taken to reduce emissions of carbon dioxide in other countries by persons in the United Kingdom, provided that such measures –
(a) are recognised under any treaty as counting towards compliance by the United Kingdom with its international carbon dioxide reduction obligations, and
(b) do not exceed 8% of the reduction required by the principal target.
(4) Every report published by the Commission pursuant to subsection (2) must contain –
(a) a detailed statement of the extent to which existing measures are in its opinion likely to result in the achievement of any targets specified in or pursuant to this Act, and
(b) a full explanation of the reasons for and methodology used in preparing that statement.
(5) Reports published by the Commission pursuant to subsection (2) may contain such further information as the Commission considers necessary to inform Parliament and the public about the effect of government policies on the level of emissions of carbon dioxide.
(6) The Commission must take all reasonable steps to keep itself informed of all scientific reports, assessments, forecasts and the like regarding climate change and its likely impacts.
Climate Change Bill 5
(7) If in its opinion any targets specified in or pursuant to this Act are not likely to be met, the Commission shall recommend to the Secretary of State any further measures which it considers should be taken.
The climate change strategy must not include measures relating to functions –
(a) transferred to the Welsh Assembly under the Government of Wales Act 1998 or to the Northern Ireland Assembly under the Northern Ireland Act 1998, or
(b) within the legislative competence of the Scottish Parliament under the Scotland Act 1998, without such measures having been approved by the relevant body.
There is to be paid out of money provided by Parliament –
(a) any expenditure incurred by a Minister of the Crown or by any Committee of the House of Commons in consequence of this Act, and
(b) any increase attributable to this Act in the sums payable by virtue of any other Act out of money so provided.
In this Act – “annual target” means a target for the reduction in the level of emissions of carbon dioxide in each calendar year in order to meet or exceed the principal target; “climate change strategy” means the strategy approved under section 4 as may be revised from time to time; “the Commission” means the Climate Change Commission; “Commissioner” means a duly appointed member of the Commission; and “principal target” has the meaning given in subsection 1(2)
CITATION AND EXTENT
(1) This Act may be cited as the Climate Change Act 2006.
(2) This Act extends to the whole of the United Kingdom.