Explanatory Notes

Climate Change Act 2008

2008 CHAPTER 27

26th November 2008

Commentary on Sections

Part 4: Impact of and adaptation to climate change

Reporting authorities: non-devolved functions

Section 65: Report on exercise of power to give directions

281.Subsection (1) of this section requires the Secretary of State to lay reports before Parliament setting out how he intends to exercise his powers under section 62.

282.Subsection (2) provides that the Secretary of State must state the circumstances in which he is likely to give directions to reporting authorities, and the authorities (or kinds of authorities) to whom directions should be given as a matter of priority; subsection (3) provides that this does not affect the Secretary of State’s general discretion as to how he may exercise his power to issue directions.

283.Subsection (4) requires the Secretary of State to consult, as appropriate, persons likely to be affected by his report before he lays it before Parliament.

284.Subsection (5) requires the Secretary of State to lay his first report before Parliament within 12 months of the Act obtaining Royal Assent. Subsection (6) provides that subsequent reports must be laid before Parliament no later than the time he lays his adaptation programme under section 58 before Parliament (this means that there will be reports at least every 5 years).

285.Subsection (7) requires the Secretary of State to send a copy of each report to each of the other national authorities.