Climate Action and Low Carbon Development Act 2015

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Periodic review by Advisory Council

13. (1) The Advisory Council shall, not later than 18 months after the establishment day, conduct a review (in this Act referred to as a “periodic review”) of—

(a) progress made in meeting the obligations of the State under Decision No. 406/2009/EC of the European Parliament and of the Council of 23 April 2009 on the effort of Member States to reduce their greenhouse gas emissions to meet the Community’s greenhouse gas emission reduction commitments up to 2020, and

(b) progress made in furthering the achievement of the national transition objective.

(2) The Advisory Council may, at any time it considers appropriate having regard to—

(a) any significant developments relating to scientific knowledge in relation to climate change,

(b) any significant developments in the law of the European Union or international law relating to the control and reduction of emissions of greenhouse gases or adaptation to the effects of climate change, or

(c) the need to maintain progress to enable the achievement of the national transition objective,

conduct a review (in this Act also referred to as a “periodic review”) of—

(i) progress made in furthering the achievement of the national transition objective,

(ii) the most recent approved national mitigation plan, approved national adaptation framework and approved sectoral adaptation plans, and

(iii) the implementation of the plans and framework referred to in paragraph (ii).

(3) The Minister may request the Advisory Council to conduct a periodic review of the matters referred to in paragraphs (i), (ii) and (iii) of subsection (2) and when conducting that review to have regard to paragraphs (a), (b) and (c) of that subsection.

(4) The Advisory Council shall, not later than 30 days after receiving a request under subsection (3), either—

(a) initiate a periodic review, or

(b) where it is of the opinion that a periodic review is not necessary having regard to paragraphs (a), (b) and (c) of subsection (2), notify the Minister of its opinion and the reasons for it.

(5) The Advisory Council shall, not later than 30 days after the completion of a periodic review, prepare and submit to the Minister a report (in this Act referred to as a “periodic review report”) of its findings and recommendations consequent on that review.

(6) The Minister shall, as soon as may be after receiving a periodic review report, cause the report to be submitted to the Government.

(7) A periodic review report shall include—

(a) where it is prepared consequent upon a periodic review under subsection (2) or (3), a statement of the reason for conducting the periodic review,

(b) a consideration of the national transition objective and any matter relating to that objective as the Advisory Council considers appropriate,

(c) in relation to an existing obligation of the State under the law of the European Union or an international agreement referred to in section 2 —

(i) a consideration of compliance with such obligation and any matters relating to such obligation as the Advisory Council considers appropriate, and

(ii) such advice or recommendations in relation to such compliance as the Advisory Council considers appropriate,

(d) such advice or recommendations, as the Advisory Council considers appropriate, in relation to—

(i) the national mitigation plan, and

(ii) the national adaptation framework or a sectoral adaptation plan,

and

(e) such other advice or recommendations as the Advisory Council considers necessary or appropriate—

(i) for the purposes of the development and implementation of the national policy regarding climate change, and

(ii) in relation to likely future obligations of the State under the law of the European Union or an international agreement.

(8) Not more than 30 days after submitting a periodic review report to the Minister in accordance with this section, the Advisory Council shall publish the report by such means as the Agency may advise.