Climate Change Act 2008
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Change 1
41 Powers to give guidance
(1) The national authorities may give the Committee guidance as to the matters it is to take into account in the exercise of— (a) its functions generally, or (b) any of its functions under Schedule 1. (2) The Secretary of State may give the Committee guidance as to the matters it is to take into account in the exercise of its functions under— (a) Part 1 (carbon target and budgeting), (b) section 33 (advice on level of 2050 target), (c) section 34 (advice in connection with carbon budgets), (d) section 35 (advice on emissions from international aviation and international shipping), (e) section 36 (reports on progress), (f) section 57 (advice on report on impact of climate change), or (g) section 59 (reporting on progress in connection with adaptation). Before giving guidance under any of paragraphs (a) to (f), the Secretary of State must consult the other national authorities. (3) A national authority that requests the Committee to provide advice, analysis, information or other assistance under— (a) section 38 (duty to provide advice or assistance on request), or (b) section 48 (advice on trading scheme regulations), may give the Committee guidance as to the matters it is to take into account in responding to that request. If the request is made by two or more national authorities, the guidance must be given by them jointly. (4) The power to give guidance under this section includes power to vary or revoke it. (5) In performing its functions the Committee must have regard to any guidance given under this section.
41 Powers to give guidance
(1) The national authorities may give the Committee guidance as to the matters it is to take into account in the exercise of— (a) its functions generally, or (b) any of its functions under Schedule 1. (2) The Secretary of State may give the Committee guidance as to the matters it is to take into account in the exercise of its functions under— (a) Part 1 (carbon target and budgeting), (b) section 33 (advice on level of 2050 target), (c) section 34 (advice in connection with carbon budgets), (d) section 35 (advice on emissions from international aviation and international shipping), (e) section 36 (reports on progress), (f) section 57 (advice on report on impact of climate change), or (g) section 59 (reporting on progress in connection with adaptation). Before giving guidance under any of paragraphs (a) to (f), the Secretary of State must consult the other national authorities. (3) A national authority that requests the Committee to provide advice, analysis, information or other assistance under— (a) section 38 (duty to provide advice or assistance on request), or (b) section 48 (advice on trading scheme regulations), may give the Committee guidance as to the matters it is to take into account in responding to that request. If the request is made by two or more national authorities, the guidance must be given by them jointly. (4) The power to give guidance under this section includes power to vary or revoke it. (5) In performing its functions the Committee must have regard to any guidance given under this section.
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