Defined terms — Climate Change Act 2008
United Kingdom · ukpga/2008/27 · 1016 provisions
46 defined in this instrument.
Administrator — the person for the time being appointed as the Administrator by order under this Chapter Schedule 7, paragraph 7(2)
authorised person — a person who—
provides services to, or exercises functions on behalf of, the Administrator, and
is authorised by the Administrator to receive information to which this section applies Schedule 7, paragraph 6(3)
building — a building that uses energy for heating or cooling the whole or any part of its interior Section 86(5)
carbon unit — a unit of a kind specified in regulations made by the Secretary of State and representing—
a reduction in an amount of greenhouse gas emissions,
the removal of an amount of greenhouse gas from the atmosphere, or
an amount of greenhouse gas emissions allowed under a scheme or arrangement imposing a limit on such emissions Section 26(1)
Children — persons who have not attained the age of 18 Schedule 6, Part 1, paragraph 4B(2)
civil sanction — —
a fixed monetary penalty (see paragraph 10), or
a discretionary requirement (see paragraph 12) Schedule 6, Part 2, paragraph 9(3)
climate change measures report — a report containing information about the local authority measures the Welsh Ministers consider would or might have any of the following effects—
improving efficiency in the use of any description or source of energy;
increasing the amount of energy generated, or heat produced, by microgeneration;
increasing the amount of energy generated, or heat produced, by plant that relies wholly or mainly on a source of energy or a technology listed in section 26(2);
reducing emissions of greenhouse gases;
reducing the number of households in which one or more persons are living in fuel poverty;
addressing the impact of climate change.
Before publishing a climate change measures report, the Welsh Ministers must consult such representatives of local government, and such other persons, as the Welsh Ministers consider appropriate.
The Secretary of State's consent is required to the publication in a climate change measures report of information about a local authority measure to which subsection (6) applies.
This subsection applies to a local authority measure if the Secretary of State has a function in relation to the measure of—
and that function is exercisable in relation to Wales.
making… Section 81(2)
devolved authority — —
the Welsh Ministers, the First Minister or the Counsel General,
the Scottish Ministers, the First Minister, the Lord Advocate or the Solicitor General for Scotland, or
a Minister within the meaning of the Northern Ireland Act 1998 (c. 47) or a Northern Ireland department Section 70(3)
devolved legislature — —
the Scottish Parliament,
the National Assembly for Wales, or
the Northern Ireland Assembly;
“emissions”, in relation to a greenhouse gas, means emissions of that gas into the atmosphere that are attributable to human activity;
“enactment” includes—
an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978 (c. 30),
an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament,
an enactment contained in, or in an instrument made under, Northern Ireland legislation, and
an enactment contained in, or in an instrument made under, a Measure or Act of the National Assembly for Wales Section 97
discretionary requirement — —
a requirement to pay a monetary penalty to an administrator of such amount as the administrator may determine, or
a requirement to take such steps as an administrator may specify, within such period as the administrator may specify, to secure that the breach does not continue or recur Schedule 6, Part 2, paragraph 12(3)
electricity generator — any person who is authorised by a generation licence to generate electricity except where that person is acting otherwise than for purposes connected with the carrying on of activities authorised by the licence Schedule 8, paragraph 2
environmental harm — any of the following–
harm to the health of humans and other living organisms;
harm to the quality of the environment, including–
harm to the quality of the environment taken as a whole,
harm to the quality of the air, water or land, and
other impairment of, or interference with, the ecological systems of which any living organisms form part;
offence to the senses of human beings;
damage to property;
impairment of, or interference with, the amenity of the environment or any legitimate use of the environment Schedule 6, Part 1, paragraph 4B(4)
European law — —
and “European policy” has a corresponding meaning;
all the rights, powers, liabilities, obligations and restrictions from time to time created or arising by or under the EU Treaties, and
all the remedies and procedures from time to time provided for by or under the EU Treaties,
“modifications”, in relation to an enactment, includes additions or amendments to, or omissions from, the enactment Section 97
financial year — —
the period beginning with the day the Committee is established and ending with the next 31st March, and
each subsequent period of 12 months ending with 31st March Schedule 1, paragraph 23
greenhouse gas — any of the following—
carbon dioxide (CO2),
methane (CH4),
nitrous oxide (N2O),
hydrofluorocarbons (HFCs),
perfluorocarbons (PFCs),
sulphur hexafluoride (SF6),
nitrogen trifluoride (NF3) Section 92(1)
gross proceeds of the charge — the amount received by the seller by way of charges for single use carrier bags carrier bags Schedule 6, Part 1, paragraph 4A(4)
gross proceeds of the charge — the amount received by the seller by way of charges for single use carrier bagscarrier bags Schedule 6, Part 1, paragraph 7(4)
information about a person — revenue and customs information relating to a person within the meaning of section 19(2) of the Commissioners for Revenue and Customs Act 2005 (wrongful disclosure) Schedule 7, paragraph 6(2)
international carbon reporting practice — accepted practice in relation to reporting for the purposes of the protocols to the United Nations Framework Convention on Climate Change or such other agreements or arrangements at European or international level as the Secretary of State may specify by order Section 94(1)
local authority — any of the following—
a county council;
a county borough council;
a community council Section 81(2)
local authority measure — anything a local authority in Wales may do in the exercise of its functions (including deciding not to exercise a power) Section 81(2)
national authority — any of the following—
the Secretary of State;
the Scottish Ministers;
the Welsh Ministers;
the relevant Northern Ireland department Section 95(1)
net amount of carbon units — —
the amount of carbon units credited to the net UK carbon account for the period in accordance with regulations under section 27, less
the amount of carbon units debited from the net UK carbon account for the period in accordance with such regulations Section 11(2)
net proceeds of the charge — the seller's gross proceeds of the charge reduced by such amounts as may be specified Schedule 6, Part 1, paragraph 4A(4)
net proceeds of the charge — the seller's gross proceeds of the charge reduced by such amounts as may be specified Schedule 6, Part 1, paragraph 7(4)
non-monetary discretionary requirement — a requirement referred to in sub-paragraph (3)(b) Schedule 6, Part 2, paragraph 12(4)
normal maximum term — —
in relation to England and Wales—
in the case of an offence triable only summarily, 51 weeks, and
in the case of an offence triable either summarily or on indictment, twelve months;
in relation to Scotland—
in the case of an offence triable only summarily, 6 months, and
in the case of an offence triable either summarily or on indictment, twelve months;
in relation to Northern Ireland, six months Schedule 2, Part 3, paragraph 30(4)
Nuisance — an act or omission affecting any place, or a state of affairs in any place, which may impair, or interfere with, the amenity of the environment or any legitimate use of the environment Schedule 6, Part 1, paragraph 4B(6)
Pollution — pollution of the air, water or land which may give rise to any environmental harm, including (but not limited to) pollution caused by light, noise, heat or vibrations or any other kind of release of energy Schedule 6, Part 1, paragraph 4B(3)
price — the price paid by a specified person, excluding any minimum charge that may be applicable by virtue of paragraph 4 Schedule 6, Part 1, paragraph 5(2)
primary legislation — —
an Act of Parliament,
an Act of the Scottish Parliament,
a Measure or Act of the National Assembly for Wales, or
Northern Ireland legislation Section 97
relevant Fund — —
in a case where the administrator has functions only in relation to Wales, the Welsh Consolidated Fund,
in a case where the administrator has functions only in relation to Northern Ireland, the Northern Ireland Consolidated Fund, and
in any other case, the Consolidated Fund Schedule 6, Part 2, paragraph 26(2)
reporting authority — —
a person or body with functions of a public nature,
a person who is or is deemed to be a statutory undertaker for the purposes of any provision of—
Part 11 of the Town and Country Planning Act 1990 (c. 8) (see section 262 of that Act), or
Part 10 of the Town and Country Planning (Scotland) Act 1997 (c. 8) (see section 214 of that Act), or
a person who is a statutory undertaker within the meaning of the Planning Act (Northern Ireland) 2011 (see section 250 of that Act) Section 70(1)
specified — specified in regulations under this Schedule Schedule 6, Part 1, paragraph 3(4)
specified — specified in the order Schedule 8, paragraph 1(4)
specified — specified in the order Schedule 8, paragraph 3(11)
targeted greenhouse gas — —
carbon dioxide,
methane,
nitrous oxide,
hydrofluorocarbons,
perfluorocarbons,
sulphur hexafluoride, and
any other greenhouse gas designated as a targeted greenhouse gas by order made by the Secretary of State Section 24(1)
The 1990 baseline — the aggregate amount of—
net UK emissions of carbon dioxide for that year, and
net UK emissions of each of the other targeted greenhouse gases for the year that is the base year for that gas Section 1(2)
the Department — the Department of the Environment in Northern Ireland Schedule 6, Part 1, paragraph 4A(4)
the relevant national authority — —
the Secretary of State in relation to England;
the Welsh Ministers in relation to Wales;
the Department of the Environment in Northern Ireland in relation to Northern Ireland Section 77(3)
the UK sector of the continental shelf — the areas designated under section 1(7) of the Continental Shelf Act 1964 (c. 29) Section 89(2)
tonne of carbon dioxide equivalent — one metric tonne of carbon dioxide or an amount of any other greenhouse gas with an equivalent global warming potential (calculated consistently with international carbon reporting practice) Section 93(2)
UK coastal waters — areas landward of the seaward limit of the territorial sea adjacent to the United Kingdom Section 89(2)
UK domestic action on climate change — reductions in UK emissions of targeted greenhouse gases or increases in UK removals of such gases (or both) Section 15(2)
variable monetary penalty — a requirement referred to in sub-paragraph (3)(a) Schedule 6, Part 2, paragraph 12(4)
Young people — persons who have attained the age of 18, but not the age of 25 Schedule 6, Part 1, paragraph 4B(8)