The Climate Change Act 2008

Introduction

The Climate Change Act 2008 (CCA 2008) is the foundational piece of UK climate change legislation, establishing the world’s first legally binding long-term framework for reducing greenhouse gas emissions. The Act was passed with near-unanimous cross-party support and has served as a model for climate legislation in other jurisdictions. The Act was amended in 2019 to introduce a net-zero target, and it remains the central statutory framework for UK climate policy.

The Net Zero Target

Section 1 of the CCA 2008 requires the Secretary of State to ensure that the UK’s net carbon account for the year 2050 is at least 100 per cent lower than the 1990 baseline — the net-zero target. This target was introduced by the Climate Change Act 2008 (2050 Target Amendment) Order 2019, which increased the target from 80 per cent to 100 per cent on the advice of the Climate Change Committee.

The net-zero target covers all greenhouse gases, including carbon dioxide, methane, nitrous oxide, and fluorinated gases. The target is expressed as a net account, meaning that the UK may use carbon credits (such as from carbon capture and storage, afforestation, and international carbon trading) to offset residual emissions that cannot be eliminated.

Carbon Budgets

The CCA 2008 establishes a system of carbon budgets — legally binding limits on greenhouse gas emissions over successive five-year periods. The carbon budgets are set by the Secretary of State on the advice of the Climate Change Committee (CCC), and must be consistent with meeting the 2050 target.

The first carbon budget covered 2008 to 2012 and the twelfth will cover 2038 to 2042 (as of current legislation). The carbon budgets are set at decreasing levels, requiring progressively deeper emissions reductions. The sixth carbon budget (2033–2037), set at 965 million tonnes of carbon dioxide equivalent, requires a 78 per cent reduction in emissions by 2035 compared to 1990 levels.

The carbon budgets are set at least 12 years in advance, providing long-term certainty for investors and policymakers. The Secretary of State must ensure that the net UK carbon account for each budgetary period does not exceed the carbon budget, and must report to Parliament on compliance.

The Climate Change Committee

The CCA 2008 established the Climate Change Committee (CCC) as an independent statutory body to advise the government on emissions targets and to monitor progress. The CCC comprises a chair and members appointed by the devolved administrations, with expertise in climate science, economics, business, and environmental policy.

The CCC’s functions include: advising the Secretary of State on the level of carbon budgets and the 2050 target; reporting annually to Parliament on progress towards carbon budgets and the net-zero target; providing advice on the inclusion of international aviation and shipping in carbon budgets; and conducting independent assessments of the government’s climate policies.

The CCC’s annual progress reports to Parliament are influential documents that assess the government’s performance and make recommendations for policy changes. The government must respond to each report, setting out its proposals and policies for meeting carbon budgets.

The National Adaptation Programme

The CCA 2008 also addresses climate adaptation. The Act requires the government to conduct climate change risk assessments every five years, assessing the risks to the United Kingdom from the impacts of climate change, including flooding, heatwaves, drought, and coastal erosion.

Following each risk assessment, the government must publish a National Adaptation Programme (NAP) setting out the actions the government and others will take to adapt to climate change. The NAP covers infrastructure, health, business, agriculture, and the natural environment.

Emissions Trading

The CCA 2008 provides the legal basis for the UK Emissions Trading Scheme (UK ETS), which replaced the UK’s participation in the EU Emissions Trading System following Brexit. The UK ETS is a cap-and-trade system covering energy-intensive industries, power generation, and aviation.

The UK ETS sets a cap on the total emissions from covered sectors, with the cap reducing over time to align with carbon budgets. Participants must surrender allowances for each tonne of carbon dioxide equivalent they emit, and allowances may be traded between participants. The system creates a carbon price that incentivises emissions reductions.

Reporting and Accountability

The CCA 2008 imposes extensive reporting and accountability obligations. The government must publish annual statements of UK emissions, annual reports on progress towards meeting carbon budgets, and five-yearly climate change risk assessments. The government must also prepare and lay before Parliament its Net Zero Strategy, setting out the policies and proposals for meeting the net-zero target.

Judicial Review and Enforcement

The CCA 2008 creates legally binding obligations on the government. In Plan B Earth v Secretary of State for Transport (2020), the Court of Appeal held that the government’s decision to expand Heathrow Airport was unlawful because the government had not taken into account its commitments under the Paris Agreement. In R (Friends of the Earth) v Secretary of State for Business, Energy and Industrial Strategy (2022), the High Court held that the government’s Net Zero Strategy was inadequate because it did not provide sufficient detail on how emissions reductions would be achieved.

Conclusion

The Climate Change Act 2008 provides a robust statutory framework for UK climate policy, with legally binding targets, independent expert advice, and strong accountability mechanisms. The net-zero target, carbon budgets, and the Climate Change Committee have established the United Kingdom as a leader in climate legislation, providing long-term certainty for the transition to a low-carbon economy.