The Climate Change Act 2008 (2020 Target, Credit Limit and Definitions) Order 2009

• Citation: S.I. 2009/1258
• Sections: 4

Section 1 Citation and coming into force

This Order may be cited as the Climate Change Act 2008 (2020 Target, Credit Limit and Definitions) Order 2009 and comes into force on 31st May 2009.

Section 2 Amendment of the Climate Change Act 2008

(1) Section 5 of the Climate Change Act 2008 is amended as follows.

(2) In subsection (1)(a), for “26%” substitute “34%”.

(3) Omit subsection (4).

Section 3 Limit on the net amount of carbon units

(1) The limit on the net amount of carbon units that may be credited to the net UK carbon account for the 2008–2012 budgetary period is zero carbon units.

(2) The following carbon units do not count towards the limit in paragraph (1)—

(a) carbon units credited to or debited from the net UK carbon account in accordance with regulation 6 of the Carbon Accounting Regulations 2009 ; and

(b) European Union allowances which are both—

(i) acquired by the administrator of a trading scheme established in accordance with Part 3 of the Climate Change Act 2008; and

(ii) credited to the net UK carbon account in accordance with regulation 5 of those Regulations.

(3) In paragraph (2), “European Union allowance” has the meaning given by regulation 2 of those Regulations.

Section 4 Definition of international aviation and international shipping

(1) This article sets out what is to be regarded as international aviation and international shipping for the purposes of section 30(1) of the Climate Change Act 2008.

(2) International aviation consists of—

(a) the whole of any flight which—

(i) begins at an aerodrome in the United Kingdom and ends at an aerodrome outside the United Kingdom, or

(ii) begins at an aerodrome outside the United Kingdom and ends at an aerodrome in the United Kingdom,

regardless of whether the flight includes one or more interim stops at aerodromes in the United Kingdom; and

(b) the whole of any flight which begins and ends at aerodromes outside the United Kingdom.

(3) International shipping consists of the whole of any navigation by ship which—

(a) begins at a harbour in the United Kingdom and ends at a harbour outside the United Kingdom;

(b) begins at a harbour outside the United Kingdom and ends at a harbour in the United Kingdom; or

(c) begins and ends at harbours outside the United Kingdom.

(4) In this article—

“aerodrome” means any area of land or water designed, equipped, set apart or commonly used for affording facilities for the landing and departure of aircraft and includes any area or space, whether on the ground, on the roof of a building or elsewhere, which is designed, equipped or set apart for affording facilities for the landing and departure of aircraft capable of descending or climbing vertically;

“harbour” includes estuaries, navigable rivers, piers, jetties and other works in or at which ships can obtain shelter or ship and unship goods or passengers; and

“ship” includes every description of vessel used in navigation.