Climate Change Act 2008

6Amendment of target percentagesU.K.

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(1)The Secretary of State may by order amend—

(a)the percentage specified in section 5(1)(a);

(b)any percentage specified under section 5(1)(c).

(2)That power may only be exercised—

(a)if it appears to the Secretary of State that there have been significant developments in—

(i)scientific knowledge about climate change, or

(ii)European or international law or policy,

that make it appropriate to do so, or

(b)in connection with the making of—

(i)an order under section 24 (designation of further greenhouse gases as targeted greenhouse gases), or

(ii)regulations under section 30 (emissions from international aviation or international shipping).

(3)The developments in scientific knowledge referred to in subsection (2)(a) are—

(a)in relation to the first exercise of the power conferred by this section in relation to the percentage specified in section 5(1)(a), developments since June 2000 (the date of the Royal Commission on Environmental Pollution's 22nd Report, “Energy – the Changing Climate”);

(b)in relation to the first exercise of the power conferred by this section in relation to any percentage specified under section 5(1)(c), developments since the evidential basis for the order setting that percentage was established;

(c)in relation to a subsequent exercise of any of those powers, developments since the evidential basis for the previous exercise was established.

(4)The power conferred by this section to amend the percentage in section 5(1)(a) includes power to amend or repeal section 5(4) (which directs that targeted greenhouse gases other than carbon dioxide are to be left out of account for the purposes of that provision).

(5)An order under this section is subject to affirmative resolution procedure.