Climate change and energy
Section 40: The general power of the Authority: duty to have regard
99.Under section 30(1) of the GLA Act 1999, the Authority has a general power, within certain limitations, to take any action for the furtherance of its principal purposes (as defined in that section). Section 30(4) of the 1999 Act requires that the Authority must have regard to the effect which any proposed exercise of its powers will have on the health of persons in Greater London and the achievement of sustainable development in the United Kingdom. Section 30(5) requires that it should exercise its powers in a way best calculated to promote the improvement in the health of those persons and to contribute towards the achievement of sustainable development, where reasonably practicable. Section 40 amends section 30(4) to require that the Authority must also have regard to the effect of any proposed exercise of its powers on climate change, and the consequences of climate change. The section amends section 30(5) to require that the Authority exercises its powers in a way that is best calculated to contribute towards the mitigation of, or adaptation to, climate change, in the United Kingdom, where reasonably practicable.
Section 41: General duties of the Mayor with respect to his strategies
100.Under section 41(4) of the GLA Act 1999 the Mayor is required to have regard to the effect his proposed strategies will have on the health of persons in Greater London and on the achievement of sustainable development in the United Kingdom. Section 41(7) requires that he include such policies and proposals relating to the content of the strategy he considers best meets those aims. Section 41 makes similar provision in respect to climate change. It amends section 41(4) of the 1999 Act to require the Mayor to have regard to climate change and the consequences of climate change when preparing his strategies. The section also amends section 41(7) to require the Mayor to include such policies and proposals in his strategies he considers best calculated to contribute towards the mitigation of, or adaptation to, climate change, in the United Kingdom.
101.This requirement complements the duty on each of the Mayor and Assembly at section 42 to address climate change, and the requirement on the Mayor to ensure the exercise of the GLA’s general power contributes to addressing climate change at section 40.
Section 42: Duty of Mayor and Assembly to address climate change
102.Action is required both globally and domestically to prevent climate change, primarily by reducing emissions of greenhouse gases. In addition to its commitment to reduce emissions of greenhouse gases by 12.5 per cent below base year levels by 2008-12, the Government has set national goals of reducing carbon dioxide emissions by 20% below 1990 levels by 2010 and by 60% by 2050, with real progress by 2020. Action is also required to adapt to the actual and expected consequences of climate change. The Government believes that regional and local government have an important role to play in tackling climate change.
103.Section 42 amends the GLA Act 1999 and places a duty on each of the Mayor and the Assembly to address climate change.
104.The Mayor is required to take action in Greater London to help prevent climate change and to help Greater London to adapt to both the actual and expected consequences of climate change. The Mayor and Assembly are each required to take into account Government policies on climate change whenever they exercise their functions and to have regard to any guidance and comply with any directions issued by the Secretary of State as to how they are each to discharge their duties with respect to climate change.
Section 43: The London climate change mitigation and energy strategy
105.Section 43 amends the GLA Act 1999 so as to require the Mayor to prepare a London climate change mitigation and energy strategy, which will contain proposals for the contribution to be made in Greater London towards the mitigation of climate change and the achievement of objectives in national policies relating to energy. The strategy must contain proposals setting out how the Mayor will:
minimise the emissions of carbon dioxide, and any significant greenhouse substances which the Mayor considers it appropriate to address, from the use of energy in Greater London for the purposes of surface transport and the use of energy more broadly;
support innovation and encourage investment in energy technologies; and
promote the efficient production and use of energy in Greater London.
106.The strategy will also contain information about fuel poverty in Greater London and emission levels in, or attributable to, Greater London. In addition, the strategy must not be inconsistent with national policies on climate change mitigation, or national policies on energy.
107.The section gives the Secretary of State a limited power to direct the Mayor to change the London climate change mitigation and energy strategy. The Secretary of State will only be able to use this power where the strategy would be inconsistent with national policies on energy or climate change, and the inconsistency would have a detrimental effect on achieving any or all of the objectives of those national policies. The Secretary of State must consult the Mayor before using this power of direction.
108.The London climate change mitigation and energy strategy will be subject to sections 41 to 44 of the GLA Act 1999, which make general provision for the preparation and publication of the Mayor’s strategies. These include provisions on timing, the need to have regard to available resources and the persons to be consulted by the Mayor.
109.In addition to the statutory consultees listed in section 42 of the GLA Act 1999, the Mayor must also consult the Gas and Electricity Markets Authority and the Gas and Electricity Consumer Council as well as certain holders of gas and electricity licences. If there ceases to be a body known as the Gas and Electricity Markets Authority or the Gas and Electricity Consumer Council, the Mayor must consult with such other appropriate body as the Secretary of State prescribes by order, which would be set out in an Order made under the strategy provision .
Section 44: The Mayor’s adaptation to climate change strategy for London
110.Section 44 requires the Mayor to prepare and publish an adaptation to climate change strategy for London. The strategy must contain the Mayor’s assessment of the consequences of climate change for Greater London and his proposals and policies for adaptation to the effects, both actual and expected, of climate change in Greater London. The Mayor must have regard to any guidance produced by the Secretary of State about the content of the strategy and in relation to the preparation and revision of the strategy. Such guidance may include guidance about the evidence to which the Mayor must have regard in preparing or revising the strategy.
111.The strategy will be subject to the general provisions for the preparation and publication of Mayoral strategies set out in sections 41 to 44 of the GLA Act 1999. The Secretary of State may specify in guidance the persons the Mayor must consult in addition to the statutory consultees listed at section 42 of the 1999 Act. The Secretary of State may direct the Mayor to revise the strategy to remove any inconsistency with Government climate change policies or objectives if he considers the inconsistency would have a detrimental effect on achieving them.
