Climate Change Act 2008

10Matters to be taken into account in connection with carbon budgets

(1)The following matters must be taken into account—

(a)by the Secretary of State in coming to any decision under this Part relating to carbon budgets, and

(b)by the Committee on Climate Change in considering its advice in relation to any such decision.

(2)The matters to be taken into account are—

(a)scientific knowledge about climate change;

(b)technology relevant to climate change;

(c)economic circumstances, and in particular the likely impact of the decision on the economy and the competitiveness of particular sectors of the economy;

(d)fiscal circumstances, and in particular the likely impact of the decision on taxation, public spending and public borrowing;

(e)social circumstances, and in particular the likely impact of the decision on fuel poverty;

(f)energy policy, and in particular the likely impact of the decision on energy supplies and the carbon and energy intensity of the economy;

(g)differences in circumstances between England, Wales, Scotland and Northern Ireland;

(h)circumstances at European and international level;

(i)the estimated amount of reportable emissions from international aviation and international shipping for the budgetary period or periods in question.

(3)In subsection (2)(i) “the estimated amount of reportable emissions from international aviation and international shipping”, in relation to a budgetary period, means the aggregate of the amounts relating to emissions of targeted greenhouse gases from international aviation and international shipping that the Secretary or State or (as the case may be) the Committee estimates the United Kingdom will be required to report for that period in accordance with international carbon reporting practice.

(4)Such amounts may be estimated using such reasonable method or methods as the Secretary of State or (as the case may be) the Committee considers appropriate.

(5)The duty in subsection (2)(i) applies if and to the extent that regulations under section 30 do not provide for emissions of targeted greenhouse gases from international aviation and international shipping in the budgetary period or periods in question to be treated as emissions from sources in the United Kingdom for the purposes of this Part.

(6)Section 30(1) (emissions from international aviation and international shipping not to count as emissions from UK sources for the purposes of this Part, except as provided by regulations) does not prevent the Secretary of State or the Committee from taking into account the matter referred to in subsection (2)(i) for the purposes of this section.

(7)Nothing in this section is to be read as restricting the matters that the Secretary of State or the Committee may take into account.