Law

Climate Change Act 2008

United Kingdom · statute

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In force since 2023-12-26, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 108 provisions
  1. Title and introductory text
  2. 1 The target for 2050
  3. 2 Amendment of 2050 target or baseline year
  4. 3 Consultation on order amending 2050 target or baseline year
  5. 4 Carbon budgets
  6. 5 Level of carbon budgets
  7. 6 Amendment of target percentages
  8. 7 Consultation on order setting or amending target percentages
  9. 8 Setting of carbon budgets for budgetary periods
  10. 9 Consultation on carbon budgets
  11. 10 Matters to be taken into account in connection with carbon budgets
  12. 11 Limit on use of carbon units
  13. 12 Duty to provide indicative annual ranges for net UK carbon account
  14. 13 Duty to prepare proposals and policies for meeting carbon budgets
  15. 14 Duty to report on proposals and policies for meeting carbon budgets
  16. 15 Duty to have regard to need for UK domestic action on climate change
  17. 16 Annual statement of UK emissions
  18. 17 Powers to carry amounts from one budgetary period to another
  19. 18 Final statement for budgetary period
  20. 19 Duty to report on proposals and policies for compensating for budget excess
  21. 20 Final statement for 2050
  22. 21 Alteration of carbon budgets
  23. 22 Consultation on alteration of carbon budgets
  24. 23 Alteration of budgetary periods
  25. 24 Targeted greenhouse gases
  26. 25 Base years for targeted greenhouse gases other than CO2
  27. 26 Carbon units and carbon accounting
  28. 27 Net UK carbon account
  29. 28 Procedure for regulations under section 26 or 27
  30. 29 UK emissions and removals of greenhouse gases
  31. 30 Emissions from international aviation or international shipping
  32. 31 Procedure for regulations under section 30
  33. 32 The Committee on Climate Change
  34. 33 Advice on level of 2050 target
  35. 34 Advice in connection with carbon budgets
  36. 35 Advice on emissions from international aviation and international shipping
  37. 36 Reports on progress
  38. 37 Response to Committee's reports on progress
  39. 38 Duty to provide advice or other assistance on request
  40. 39 General ancillary powers
  41. 40 Grants to the Committee
  42. 41 Powers to give guidance
  43. 42 Powers to give directions
  44. 43 Interpretation of Part 2
  45. 44 Trading schemes
  46. 45 Activities to which trading schemes may apply
  47. 46 Matters that may or must be provided for in regulations
  48. 47 Relevant national authorities
  49. 48 Procedure for making regulations
  50. 49 Further provisions about regulations
  51. 50 Information
  52. 51 Powers to give guidance
  53. 52 Powers to give directions
  54. 53 Grants to administrators and participants
  55. 54 Power to make consequential provision
  56. 55 Interpretation of Part 3
  57. 56 Report on impact of climate change
  58. 57 Advice of Committee on Climate Change on impact report
  59. 58 Programme for adaptation to climate change
  60. 59 Reporting on progress in connection with adaptation
  61. 60 Programme for adaptation to climate change: Northern Ireland
  62. 61 Guidance by Secretary of State to reporting authorities
  63. 62 Directions by Secretary of State to prepare reports
  64. 63 Compliance with Secretary of State's directions
  65. 64 Consent of, or consultation with, devolved authorities
  66. 65 Report on exercise of power to give directions
  67. 66 Guidance by Welsh Ministers to reporting authorities
  68. 67 Directions by Welsh Ministers to prepare reports
  69. 68 Compliance with Welsh Ministers' directions
  70. 69 Consent of, or consultation with, Secretary of State
  71. 70 Interpretation
  72. 71 Waste reduction schemes
  73. 72 Waste reduction provisions: piloting
  74. 73 Waste reduction provisions: report and review
  75. 74 Waste reduction provisions: interim report
  76. 75 Waste reduction provisions: roll-out or repeal
  77. 76 Collection of household waste
  78. 77 Charges for single use carrier bagscarrier bags
  79. 78 Renewable transport fuel obligations
  80. 79 Carbon emissions reduction targets
  81. 80 Report on climate change: Wales
  82. 82 Repeal of previous reporting obligation
  83. 83 Guidance on reporting
  84. 84 Report on contribution of reporting to climate change objectives
  85. 85 Regulations about reporting by companies
  86. 86 Report on the civil estate
  87. 87 Power of Ministers and departments to offset greenhouse gas emissions
  88. 88 Fines for offences relating to pollution
  89. 89 Territorial scope of provisions relating to greenhouse gas emissions
  90. 90 Orders and regulations
  91. 91 Affirmative and negative resolution procedure
  92. 92 Meaning of “greenhouse gas”
  93. 93 Measurement of emissions etc by reference to carbon dioxide equivalent
  94. 94 Meaning of “international carbon reporting practice”
  95. 95 Meaning of “national authority”
  96. 96 Meaning of “relevant Northern Ireland department”
  97. 97 Minor definitions
  98. 98 Index of defined expressions
  99. 99 Extent
  100. 100 Commencement
  101. 101 Short title
  102. SCHEDULE 1 The Committee on Climate Change
  103. SCHEDULE 2 Trading schemes
  104. SCHEDULE 3 Trading schemes regulations: further provisions
  105. SCHEDULE 4 Trading schemes: powers to require information
  106. SCHEDULE 6 Charges for single use carrier bagscarrier bags
  107. SCHEDULE 7 Renewable transport fuel obligations
  108. SCHEDULE 8 Carbon emissions reduction targets

Proposed changes to this act

No one has proposed a change to this act yet.

108 provisions

40 Grants to the Committee

A national authority may make grants to the Committee of such amount and subject to such conditions as the authority thinks fit.

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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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42 Powers to give directions

(1) The national authorities may give the Committee directions as to 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 directions as to 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 directions 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 directions as to the exercise of its functions in responding to that request. If the request is made by two or more national authorities, the directions must be given by them jointly. (4) The power to give directions under this section does not include power to direct the Committee as to the content of any advice or report. (5) The power to give directions under this section includes power to vary or revoke the directions. (6) The Committee must comply with any directions given under this section.

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43 Interpretation of Part 2

Expressions used in this Part that are defined in Part 1 (carbon target and budgeting) have the same meaning as in that Part.

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44 Trading schemes

(1) The relevant national authority may make provision by regulations for trading schemes relating to greenhouse gas emissions. (2) A “trading scheme” is a scheme that operates by— (a) limiting or encouraging the limitation of activities that consist of the emission of greenhouse gas or that cause or contribute, directly or indirectly, to such emissions, or (b) encouraging activities that consist of, or that cause or contribute, directly or indirectly, to reductions in greenhouse gas emissions or the removal of greenhouse gas from the atmosphere.

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45 Activities to which trading schemes may apply

(1) For the purposes of this Part activities are regarded as indirectly causing or contributing to greenhouse gas emissions if they involve, in particular— (a) the consumption of energy, (b) the use of materials in whose production energy was consumed, (c) the disposal otherwise than for recycling of materials in whose production energy was consumed, or (d) the production or supply of anything whose subsequent use directly causes or contributes to greenhouse gas emissions. (2) Correspondingly, for the purposes of this Part activities are regarded as indirectly causing or contributing to the reduction of greenhouse gas emissions if they involve a reduction under any of those heads. (3) This Part applies to activities carried on in the United Kingdom, regardless of where the related emissions, reductions or removals of greenhouse gas occur.

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46 Matters that may or must be provided for in regulations

(1) Schedule 2 specifies matters that may or must be provided for in regulations under section 44. (2) In that Schedule— Part 1 deals with schemes that operate by limiting or encouraging the limitation of activities that consist of the emission of greenhouse gas or that cause or contribute, directly or indirectly, to such emissions; Part 2 deals with schemes that operate by encouraging activities that consist of, or that cause or contribute, directly or indirectly, to reductions in greenhouse gas emissions or the removal of greenhouse gas from the atmosphere; Part 3 deals with administration and enforcement. (3) Regulations under section 44 may also make provision about the application of the regulations to the Crown.

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47 Relevant national authorities

(1) This section identifies “the relevant national authority” for the purposes of this Part. (2) The Scottish Ministers are the relevant national authority in relation to matters within the legislative competence of the Scottish Parliament. (3) The Welsh Ministers are the relevant national authority in relation to matters that— (a) are within the legislative competence of the National Assembly for Wales, or (b) relate to limiting or encouraging the limitation of activities in Wales that consist of the emission of greenhouse gas, other than activities in connection with offshore oil and gas exploration and exploitation. (4) In subsection (3)(b)— “Wales” has the same meaning as in the Government of Wales Act 2006 (c. 32); and “offshore oil and gas exploration and exploitation” has the same meaning as in the National Assembly for Wales (Transfer of Functions) Order 2005 (S.I. 2005/1958). (5) The Secretary of State or the relevant Northern Ireland department is the relevant authority in relation to reserved matters within the meaning of the Northern Ireland Act 1998 (c. 47). (6) The relevant Northern Ireland department is the relevant authority in relation to all other matters within the legislative competence of the Northern Ireland Assembly. (7) The Secretary of State is the relevant national authority in relation to all other matters.

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48 Procedure for making regulations

(1) Before making regulations under this Part, a national authority must— (a) obtain, and take into account, the advice of the Committee on Climate Change, and (b) consult such persons likely to be affected by the regulations as the authority considers appropriate. (2) In particular, before making regulations under this Part that set a limit on the total amount of the activities to which a trading scheme applies for a trading period or periods, a national authority must obtain, and take into account, the advice of the Committee on Climate Change on the amount of that limit. (3) Regulations under this Part are subject to affirmative resolution procedure if they contain provision— (a) setting up a trading scheme, (b) extending the class of participants or activities to which a trading scheme applies, (c) extending the duration of a trading scheme, (d) making the overall requirements of a trading scheme significantly more onerous, (e) conferring new powers to enforce the requirements of a trading scheme, (f) imposing or providing for the imposition of new financial or other penalties or increasing the amount of existing financial penalties, (g) creating an offence or increasing the penalties for an existing offence, or (h) amending or repealing a provision of an enactment contained in primary legislation. (4) Regulations under this Part are subject to affirmative resolution procedure if they are the first such regulations to contain provision under paragraph 31 of Schedule 2 (appeals). (5) Other regulations under this Part are subject to negative resolution procedure. (6) The relevant Northern Ireland department may only make regulations under this Part dealing with a reserved matter within the meaning of the Northern Ireland Act 1998 (c. 47) with the consent of the Secretary of State.

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49 Further provisions about regulations

(1) Schedule 3 makes further provision about regulations under this Part. (2) In that Schedule— Part 1 relates to regulations made by a single national authority; Part 2 relates to regulations made by two or more national authorities; and Part 3 confers power to make provision by Order in Council.

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50 Information

(1) Schedule 4 confers powers to require information for the purposes of enabling a trading scheme to be established. (2) Paragraphs 1 to 5 of that Schedule shall cease to have effect on 1st January 2011.

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51 Powers to give guidance

(1) The relevant national authority may give guidance to the administrator of a trading scheme. (2) The power to give guidance under this section includes power to vary or revoke it. (3) The administrator must have regard to any guidance given under this section.

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52 Powers to give directions

(1) The relevant national authority may give directions to the administrator of a trading scheme. (2) The power to give directions under this section includes power to vary or revoke the directions. (3) The administrator must comply with any directions given under this section.

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53 Grants to administrators and participants

(1) A national authority may make, or arrange for the making of, grants to— (a) the administrator of a trading scheme, or (b) the participants in a trading scheme. (2) A grant under this section may be made subject to such conditions as may be determined by, or in accordance with arrangements made by, the national authority that makes the grant.

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54 Power to make consequential provision

A national authority may by regulations— (a) make such provision amending, repealing or revoking any enactment as the authority considers appropriate in consequence of provision made by that authority by regulations under section 44 (trading schemes); (b) make such transitional provision and savings as the authority considers appropriate in connection with the coming into effect of such provision.

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55 Interpretation of Part 3

In this Part— “administrator”, in relation to a trading scheme, means a person appointed as the administrator of the scheme by regulations under paragraph 21 of Schedule 2; “participant”, in relation to a trading scheme, means a person to whom the scheme applies by virtue of regulations under paragraph 4 or 15 of Schedule 2; “trading period”, in relation to a trading scheme, means a period by reference to which the scheme is to operate by virtue of regulations under paragraph 2 or 13 of Schedule 2.

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56 Report on impact of climate change

(1) It is the duty of the Secretary of State to lay reports before Parliament containing an assessment of the risks for the United Kingdom of the current and predicted impact of climate change. (2) The first report under this section must be laid before Parliament no later than three years after this section comes into force. (3) Subsequent reports must be laid before Parliament no later than five years after the previous report was so laid. (4) The Secretary of State may extend the period for laying any such report, but must publish a statement setting out the reasons for the delay and specifying when the report will be laid before Parliament. (5) Before laying a report under this section before Parliament, the Secretary of State must take into account the advice of the Committee on Climate Change under section 57. (6) The Secretary of State must send a copy of each report under this section to the other national authorities.

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57 Advice of Committee on Climate Change on impact report

(1) It is the duty of the Committee on Climate Change to advise the Secretary of State on the preparation of each of the Secretary of State's reports under section 56. (2) The Committee must give its advice under this section in relation to a report not later than six months before the last date for laying the report before Parliament (see subsections (2) to (4) of section 56). (3) The Committee must, at the time it gives its advice under this section to the Secretary of State, send a copy to the other national authorities. (4) As soon as is reasonably practicable after giving its advice under this section the Committee must publish that advice in such manner as it considers appropriate.

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58 Programme for adaptation to climate change

(1) It is the duty of the Secretary of State to lay programmes before Parliament setting out — (a) the objectives of Her Majesty's Government in the United Kingdom in relation to adaptation to climate change, (b) the Government's proposals and policies for meeting those objectives, and (c) the time-scales for introducing those proposals and policies, addressing the risks identified in the most recent report under section 56. (2) The objectives, proposals and policies must be such as to contribute to sustainable development. (3) Each programme under this section must be laid before Parliament as soon as is reasonably practicable after the laying of the report under section 56 to which it relates. (4) The Secretary of State must send a copy of each programme under this section to the other national authorities.

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59 Reporting on progress in connection with adaptation

(1) Each report of the Committee on Climate Change under section 36 to which this section applies must contain an assessment of the progress made towards implementing the objectives, proposals and policies set out in the programmes laid before Parliament under section 58 (adaptation to climate change). (2) This section applies to the report in the second year after that in which the Secretary of State lays the first programme under section 58 before Parliament. (3) After that, this section applies to the report under section 36 in every second year after that in which the Committee last made a report to which this section applies, subject to any order under subsection (4). (4) The Secretary of State may by order provide that this section shall apply to the report under section 36 in the year specified in the order and in every subsequent year. (5) An order under subsection (4) is subject to negative resolution procedure.

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60 Programme for adaptation to climate change: Northern Ireland

(1) It is the duty of the relevant Northern Ireland department to lay programmes before the Northern Ireland Assembly setting out— (a) the objectives of the department in relation to adaptation to climate change, (b) the department's proposals and policies for meeting those objectives, and (c) the time-scales for introducing those proposals and policies, addressing the risks identified in the most recent report under section 56. (2) The objectives, proposals and policies must be such as to contribute to sustainable development. (3) The second and each subsequent programme under this section must contain an assessment of the progress made towards implementing the objectives, proposals and policies set out in earlier programmes. (4) Each programme under this section must be laid before the Northern Ireland Assembly as soon as is reasonably practicable after the laying before Parliament of the report under section 56 to which it relates. (5) The relevant Northern Ireland department must send a copy of each programme under this section to the other national authorities.

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61 Guidance by Secretary of State to reporting authorities

(1) The Secretary of State may issue guidance to reporting authorities about— (a) assessing the current and predicted impact of climate change in relation to the authorities' functions, (b) preparing proposals and policies for adapting to climate change in the exercise of their functions, and (c) co-operating with other reporting authorities for that purpose. (2) This section does not apply to devolved functions.

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62 Directions by Secretary of State to prepare reports

(1) The Secretary of State may direct a reporting authority to prepare a report containing any of the following— (a) an assessment of the current and predicted impact of climate change in relation to the authority's functions; (b) a statement of the authority's proposals and policies for adapting to climate change in the exercise of its functions and the time-scales for introducing those proposals and policies; (c) an assessment of the progress made by the authority towards implementing the proposals and policies set out in its previous reports. (2) The Secretary of State may direct two or more reporting authorities to prepare a joint report. (3) The Secretary of State may give directions about— (a) the time within which a report must be prepared, and (b) its content, and may, in particular, require it to cover a particular geographical area. (4) This section does not apply to devolved functions.

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63 Compliance with Secretary of State's directions

(1) A reporting authority must comply with any directions under section 62. (2) Where two or more reporting authorities are directed to prepare a joint report, they must take reasonable steps to co-operate with each other for that purpose. (3) In preparing a report, a reporting authority must have regard to the following, so far as relevant— (a) the most recent report under section 56 (report on impact of climate change); (b) the most recent programme under section 58 (programme for adaptation to climate change); (c) any guidance issued by the Secretary of State under section 61. (4) If the authority— (a) has functions that are exercisable in or as regards Wales, or (b) has devolved Welsh functions, it must also have regard, so far as relevant, to any guidance issued by the Welsh Ministers under section 66 and the most recent report under section 80 (report on climate change: Wales). (5) The authority must send a copy of the report to the Secretary of State. (6) The Secretary of State must publish the report in such manner as the Secretary of State considers appropriate. (7) This does not require the Secretary of State to publish— (a) information the Secretary of State could refuse to disclose in response to a request under— (i) the Freedom of Information Act 2000 (c. 36), or (ii) the Environmental Information Regulations 2004 (S.I. 2004/3391) or any regulations replacing those regulations; (b) information whose disclosure is prohibited by any enactment. (8) The authority must have regard to the report in exercising its functions other than its devolved functions.

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64 Consent of, or consultation with, devolved authorities

(1) The Secretary of State must obtain the consent of a devolved authority before issuing guidance under section 61 or giving a direction under section 62 relating to functions in relation to which— (a) functions are exercisable jointly by that devolved authority and a Minister of the Crown, or (b) functions are exercisable by a Minister of the Crown only with the agreement of that devolved authority. (2) The Secretary of State must consult a devolved authority before issuing guidance under section 61 or giving a direction under section 62 relating to functions in relation to which— (a) functions are exercisable by that devolved authority other than jointly with a Minister of the Crown, or (b) functions are exercisable by a Minister of the Crown only after consultation with that devolved authority.

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65 Report on exercise of power to give directions

(1) It is the duty of the Secretary of State to lay reports before Parliament setting out how the Secretary of State intends to exercise the power under section 62 to give directions to reporting authorities. (2) The reports must, in particular, identify— (a) the circumstances in which directions are likely to be given, and (b) the authorities or kinds of authority to whom the Secretary of State considers directions should be given as a matter of priority. (3) Nothing in a report under this section affects the exercise of the Secretary of State's power under section 62. (4) Before laying a report under this section before Parliament the Secretary of State must consult such persons likely to be affected by the report as the Secretary of State considers appropriate. (5) The first report under this section must be laid before Parliament no later than 12 months after this Act is passed. (6) Subsequent reports must be laid before Parliament no later than the time when the next programme under section 58 is so laid. (7) The Secretary of State must send a copy of each report under this section to the other national authorities.

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66 Guidance by Welsh Ministers to reporting authorities

The Welsh Ministers may issue guidance to reporting authorities about— (a) assessing the current and predicted impact of climate change in relation to the authorities' devolved Welsh functions, (b) preparing proposals and policies for adapting to climate change in the exercise of those functions, and (c) co-operating with other reporting authorities for that purpose.

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67 Directions by Welsh Ministers to prepare reports

(1) The Welsh Ministers may direct a reporting authority to prepare a report containing any of the following— (a) an assessment of the current and predicted impact of climate change in relation to the authority's devolved Welsh functions; (b) a statement of the authority's proposals and policies for adapting to climate change in the exercise of those functions and the time-scales for introducing those proposals and policies; (c) an assessment of the progress made by the authority towards implementing the proposals and policies set out in its previous reports. (2) The Welsh Ministers may direct two or more reporting authorities to prepare a joint report. (3) The Welsh Ministers may give directions about— (a) the time within which a report must be prepared, and (b) its content, and may, in particular, require it to cover a particular geographical area.

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68 Compliance with Welsh Ministers' directions

(1) A reporting authority must comply with any directions under section 67. (2) Where two or more reporting authorities are directed to prepare a joint report, they must take reasonable steps to co-operate with each other for that purpose. (3) In preparing a report, a reporting authority must have regard to the following, so far as relevant— (a) the most recent report under section 56 (report on impact of climate change); (b) the most recent programme under section 58 (programme for adaptation to climate change); (c) any guidance issued by the Secretary of State under section 61; (d) any guidance issued by the Welsh Ministers under section 66; (e) the most recent report under section 80 (report on climate change: Wales). (4) The authority must send a copy of the report to the Welsh Ministers. (5) The Welsh Ministers must publish the report in such manner as they consider appropriate. (6) This does not require the Welsh Ministers to publish— (a) information they could refuse to disclose in response to a request under— (i) the Freedom of Information Act 2000 (c. 36), or (ii) the Environmental Information Regulations 2004 (S.I. 2004/3391) or any regulations replacing those regulations; (b) information whose disclosure is prohibited by any enactment. (7) The authority must have regard to the report in exercising its devolved Welsh functions.

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69 Consent of, or consultation with, Secretary of State

(1) The Welsh Ministers must obtain the consent of the Secretary of State before issuing guidance under section 66 or giving a direction under section 67 relating to functions in relation to which— (a) functions are exercisable by a Minister of the Crown jointly with the Welsh Ministers, the First Minister or the Counsel General, or (b) functions are exercisable by the Welsh Ministers, the First Minister or the Counsel General only with the agreement of a Minister of the Crown. (2) The Welsh Ministers must consult the Secretary of State before issuing guidance under section 66 or giving a direction under section 67 relating to functions in relation to which— (a) functions are exercisable by a Minister of the Crown other than jointly with the Welsh Ministers, the First Minister or the Counsel General, or (b) functions are exercisable by the Welsh Ministers, the First Minister or the Counsel General only after consultation with a Minister of the Crown.

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70 Interpretation

(1) In sections 61 to 69 and this section “reporting authority” means— (a) a person or body with functions of a public nature, (b) a person who is or is deemed to be a statutory undertaker for the purposes of any provision of— (i) Part 11 of the Town and Country Planning Act 1990 (c. 8) (see section 262 of that Act), or (ii) Part 10 of the Town and Country Planning (Scotland) Act 1997 (c. 8) (see section 214 of that Act), or (c) a person who is a statutory undertaker within the meaning of the Planning Act (Northern Ireland) 2011 (see section 250 of that Act). (2) None of the following are reporting authorities for the purposes of those sections and this section— (a) a Minister of the Crown; (b) either House of Parliament; (c) a devolved authority; (d) a devolved legislature. (3) In those sections and this section “devolved authority” means— (a) the Welsh Ministers, the First Minister or the Counsel General, (b) the Scottish Ministers, the First Minister, the Lord Advocate or the Solicitor General for Scotland, or (c) a Minister within the meaning of the Northern Ireland Act 1998 (c. 47) or a Northern Ireland department. (4) References in those sections to a reporting authority's “devolved functions” are to functions— (a) conferred or imposed by or under a Measure or Act of the National Assembly for Wales, (b) exercisable in or as regards Wales and capable of being conferred by provision falling within the legislative competence of the National Assembly for Wales, (c) exercisable in or as regards Scotland and relating to matters within the legislative competence of the Scottish Parliament, (d) exercisable in or as regards Northern Ireland and relating to transferred matters within the meaning of the Northern Ireland Act 1998, or (e) in relation to which functions are exercisable by a devolved authority, and in relation to which no functions are exercisable by a Minister of the Crown. (5) For this purpose functions are not to be regarded as exercisable by a Minister of the Crown in relation to a reporting authority's functions merely because— (a) the Minister of the Crown may exercise functions— (i) under section 2(2) of the European Communities Act 1972 (c. 68), (ii) by virtue of section 57(1) or under section 58 of the Scotland Act 1998 (c. 46) (Community and international obligations), (iii) under section 27 or 28 of the Northern Ireland Act 1998 (international etc obligations), (iv) by virtue of paragraph 5 of Schedule 3 to the Government of Wales Act 2006 (c. 32) or under section 82 of that Act (Community and international obligations), or (v) under section 152 of that Act (intervention in case of functions relating to water etc), in relation to the reporting authority's functions, (b) the Minister of the Crown's agreement is required to the exercise of a function by a devolved authority in relation to the reporting authority's functions, or (c) the Minister of the Crown must be consulted by a devolved authority about the exercise of a function in relation to the reporting authority's functions. (6) References in those sections to a reporting authority's “devolved Welsh functions” are to functions— (a) conferred or imposed by or under a Measure or Act of the National Assembly for Wales, (b) exercisable in or as regards Wales and capable of being conferred by provision falling within the legislative competence of the National Assembly for Wales, or (c) in relation to which functions are exercisable by the Welsh Ministers, the First Minister or the Counsel General. (7) For this purpose functions are not to be regarded as exercisable by the Welsh Ministers, the First Minister or the Counsel General in relation to a reporting authority's functions merely because— (a) the agreement of the Welsh Ministers, the First Minister or the Counsel General is required to the exercise of a function by a Minister of the Crown in relation to the reporting authority's functions, or (b) the Welsh Ministers, the First Minister or the Counsel General must be consulted by a Minister of the Crown about the exercise of a function in relation to the reporting authority's functions. (8) In those sections and this section— (a) “Counsel General” and “Wales” have the same meanings as in the Government of Wales Act 2006 (c. 32); (b) “Minister of the Crown” includes a government department.

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71 Waste reduction schemes

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72 Waste reduction provisions: piloting

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73 Waste reduction provisions: report and review

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74 Waste reduction provisions: interim report

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75 Waste reduction provisions: roll-out or repeal

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76 Collection of household waste

In section 46 of the Environmental Protection Act 1990 (c. 43) (receptacles for household waste), after subsection (10) insert— (11) A waste collection authority is not obliged to collect household waste that is placed for collection in contravention of a requirement under this section. .

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77 Charges for single use carrier bagscarrier bags

(1) Schedule 6 makes provision about charges for single use carrier bagscarrier bags. (2) In that Schedule— Part 1 confers power on the relevant national authority to make regulations about charges for single use carrier bagscarrier bags; Part 2 makes provision about civil sanctions; Part 3 makes provision about the procedures applying to regulations under the Schedule. (3) In that Schedule “the relevant national authority” means— (a) the Secretary of State in relation to England; (b) the Welsh Ministers in relation to Wales; (c) the Department of the Environment in Northern Ireland in relation to Northern Ireland. (4) Regulations under that Schedule are subject to affirmative resolution procedure if— (a) they are the first regulations to be made by the relevant national authority in question under the Schedule, (aa) they are the first regulations to be made by the Welsh Ministers under paragraph 4A of the Schedule, (aa) they are to be made by the Department of the Environment in Northern Ireland under paragraph 4A of the Schedule; (ab) they are to be made by the Department of the Environment in Northern Ireland and increase the minimum amount specified under paragraph 4 of the Schedule; (b) they contain provision imposing or providing for the imposition of new civil sanctions, (c) they increase the amount or maximum amount of a monetary penalty or change the basis on which such an amount or maximum is to be determined, or (d) they amend or repeal a provision of an enactment contained in primary legislation. (5) Otherwise regulations under that Schedule are subject to negative resolution procedure. (6) Section 17(5) of the Interpretation Act (Northern Ireland) 1954 applies to a power to make regulations under Schedule 6.

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78 Renewable transport fuel obligations

Schedule 7 contains amendments to the provisions of the Energy Act 2004 (c. 20) relating to renewable transport fuel obligations.

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79 Carbon emissions reduction targets

Schedule 8 contains amendments to the provisions of the Gas Act 1986 (c. 44), the Electricity Act 1989 (c. 29) and the Utilities Act 2000 (c. 27) relating to carbon emissions reduction targets.

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