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The Climate Change Act 2008 was the world's first legally binding national framework for tackling climate change. It was passed with cross-party support following sustained campaigning by environmental groups and a Private Member's Bill campaign. The Act established a legally binding long-term emissions reduction target and a system of five-year 'carbon budgets' to chart the pathway. As originally enacted, the 2050 target was an 80% reduction in greenhouse gas emissions relative to 1990 baseline; this was raised to net zero (100% reduction) by statutory instrument in 2019. The Act created the independent Climate Change Committee (CCC) — a statutory body of experts — to advise the government on carbon budgets, assess progress, and report to Parliament annually. The government must respond to the CCC's assessment reports. Carbon budgets are set out in law and are legally binding; the government has a legal obligation to ensure the UK meets each budget. The Secretary of State is also required to assess the risks of climate change to the UK (the Climate Change Risk Assessment, conducted every 5 years) and prepare a National Adaptation Programme. Judicial review has been used to challenge the government's compliance with its statutory duties: in ClientEarth v Minister for Energy Security and Net Zero [2024] it was argued that the Government's updated net zero strategy was inadequate, and similar challenges have been brought under the Act's reporting and planning duties.
Pwyntiau allweddol
- Section 1 (as amended by SI 2019/1056): net zero target — it is the duty of the Secretary of State to ensure that the net UK carbon account for the year 2050 is at least 100% lower than the 1990 baseline; this is a legally binding statutory duty
- Section 4: carbon budget duty — the Secretary of State must set a carbon budget for each successive budgetary period (five-year periods); the current budgets are CB1 (2008-2012) through CB6 (2033-2037); the Secretary of State must take measures to ensure the budgets are met
- Part 2: Climate Change Committee — established as an independent advisory body to advise the Secretary of State on carbon budgets and the level of the 2050 target; must submit annual progress reports to Parliament (s.36); progress reports are laid before Parliament and the government must respond within 60 days
- Section 14: annual statements of emissions — the Secretary of State must lay before Parliament an annual statement of UK greenhouse gas emissions, setting out the net UK carbon account and the carbon budget for each period
- Part 4: adaptation — the Secretary of State must assess the risks for the UK of the current and predicted impacts of climate change (Climate Change Risk Assessment, at least every 5 years, s.56); must prepare a programme of adaptation measures (National Adaptation Programme, s.58)
- Part 3: trading schemes — the Secretary of State has power to establish greenhouse gas trading schemes by order; the UK Emissions Trading Scheme replaced the EU ETS following Brexit
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2019 — The Climate Change Act 2008 (2050 Target Amendment) Order 2019 (SI 2019/1056)
Amended s.1 to raise the 2050 emissions reduction target from at least 80% below 1990 baseline to at least 100% below (net zero). The amendment was made following the Climate Change Committee's recommendation in May 2019 and the UK became the first major economy to enshrine net zero in law.
2021 — Environment Act 2021
Established Environment Act targets (including biodiversity net gain and water quality targets) that operate alongside the Climate Change Act's emissions targets, creating a broader statutory framework for environmental goals.