Section 28: Procedure for regulations under section 26 or 27
144.This section sets out the procedure that must be followed when carbon accounting regulations are made under section 26 or section 27.
145.Subsection (2) provides that the affirmative resolution procedure must be used in the following cases:
for the first set of carbon accounting regulations;
if the regulations specify a new kind of carbon unit;
if the regulations alter the value of a carbon unit;
if the regulations modify primary legislation.
146.Subsection (3) provides that the negative resolution procedure applies in all other situations.
147.Subsection (4) requires the Secretary of State to consult the devolved administrations before laying or making the regulations (depending on which Parliamentary process is being used).
148.Subsection (5) requires the Secretary of State to consult the Committee on Climate Change on the first set of regulations and whenever subsequent regulations specify a new kind of carbon unit or alter the value of a carbon unit.