What Is the Climate Change Act 2008 | Does It Apply to My Business?
The Climate Change Act 2008 was cutting edge legislation which set out the UK national framework to reduce greenhouse gas (GHG) emissions and adapt to our changing climate. The more recent amendment, The Climate Change Act 2008 (2050 Target Amendment) Order 2019, contains the UK net zero commitment. Whilst it is for the Government to meet this target, collaboration is key to success and UK businesses play a pivotal role.
The Climate Change Act 2008
The Act was passed by an overwhelming cross-party majority and contains four core pillars:
- Goal: 2050 Emissions Target (initially an 80% reduction in GHG emissions) and Climate Change Risk Assessment
- Pathway: Carbon budgets and National Adaptation Programme
- Toolkit: Governmental policies
- Monitoring framework: The Climate Change Committee (CCC)
Every 5 years the independent CCC advises the Government on carbon reduction policies in its Carbon Budget Report. The Government then sets the binding carbon budgets to cap GHG emissions to enable the UK to meet its 2050 target. These budgets underpin governmental policy on cost-effective carbon reduction programmes to mitigate (reduce emissions) and to address risks identified in the Climate Change Risk Assessment. The CCC also advises on emissions reduction annually and how to adapt to climate change biennially.
The Paris Connection
The 2008 Act was amended following the Paris Agreement, 2015 arising from COP 21. The legally binding Agreement, applicable to its 194 current members, implemented a framework to track progress on emissions reduction and hold countries to account. It established a regular cycle for countries to update and enhance their Nationally Determined Contributions (NDCs). These are their climate pledges which are essential to keep within the Agreement’s commitment of limiting temperature increases to well below 2oC and if possible, under 1.5oC compared with pre-industrialised levels.
The Climate Change Act 2008 (2050 Target Amendment) Order 2019 followed on from the Paris Agreement to include the UK’s 2050 net zero commitment using 1990 as the baseline year. The UK’s current NDC is a commitment of an 81% reduction by 2035.
The Seventh Carbon Budget for 2038-2042 has been produced by the CCC in collaboration with stakeholders including businesses. The recommendations were adopted by Parliament in June 2026, setting a legally binding target of ~87% emissions reduction in the period between 2038 and 2042.
What Are the Recommendations to Achieve this Target?
The CCC Report outlined five routes to emissions reductions and a thriving green economy:
- electrification and low-carbon electricity supply encouraging the uptake of electric vehicles (EVs), heat pumps and renewables
- the use of low-carbon fuels in difficult to decarbonise sectors including aviation and shipping and carbon capture and storage (CCS) in the chemical and construction industries
- tapping into nature-based solutions such as increasing woodlands and peatland restoration
- developing infrastructure for engineered removals such as CCS
- reducing demand for high-carbon goods and services through increased efficiency and the ability to make low-carbon choices.
The Green Economy
The Climate Change Act and adopted CCC recommendations has helped pave the way to a greener economy by setting out the Government’s path to net zero creating certainty for businesses and investors. It has demonstrated that it is possible to grow the economy and reduce emissions at the same time.
The CCC found that between 1990 and 2019 the UK had reduced emissions by 41% while the economy grew by 78%. The most recent budget is estimated to cost 0.2% of GDP per year primarily funded by private investors. This investment will help fund renewable energy projects which provides economic security against international fuel price shocks and create green jobs. In addition to providing energy security these measures can reduce energy bills and local air pollution.
Transport is the highest emitting sector in the UK and produced 29% of emissions in 2023. The Government’s commitment to transition to zero emission vehicles (ZEV) helps drive the green economy and underpins the phasing out of new petrol and diesel cars sales from 2030 and a complete ban from 2035. Sales of ZEV are increasing with over 381,000 electric cars sold in the UK in 2024.
What are the Benefits to my Business?
Not only does decarbonising mitigate the impact of climate change, it also reduces local air pollution. Human-made air pollution can worsen respiratory and cardiovascular disease and is reported to contribute to a staggering 28,000 – 36,000 UK deaths every year. As well as reducing the impacts of climate related extreme weather events, reducing emissions is good for human health and wellbeing.
In addition, your business can save money from adopting energy efficiency measures. Investing in renewable energy can reduce costs as well as provide price stability. It can enhance your reputation and attract new environmentally aware clients and employees. Fundamentally, understanding your businesses’ carbon footprint can help ensure that you are legally compliant.
What Decarbonisation Legislation Applies to my Business?
Whilst the Climate Change Act does not directly apply to businesses, a whole raft of legislation has evolved to assist the government in meeting Net Zero commitments. Businesses must understand their legal obligations to encourage energy efficiency savings and a move to renewable energy. Further details are set out in the Policy and Legislation table below, but the main requirements are as follows:
- Finance Act 2000 – applicable to the industrial, commercial, agricultural and public services sectors. A Climate Change Levy is charged for energy use. Discounts are available for some energy-intensive sectors that enter a Climate Change Agreement
- The Companies Act 2006 (Strategic Report and Directors’ Report) Regulations 2013 - companies quoted on the stock exchange (small company exemption) are to publicly disclose their global carbon footprint (scope 1 and 2) as part of their annual reports
- The Energy Savings Opportunity Scheme (Amendment) Regulations 2023 – large undertakings are to undertake energy audits to encourage energy efficiency
- The Companies (Directors’ Report) and Limited Liability Partnerships (Energy and Carbon Report) Regulations 2018 – streamlined energy and carbon reporting (SECR) framework requirement for large undertakings to verify data set out in support of scope 1 + 2 emissions audits
- The Greenhouse Gas Trading Scheme Order 2020 – GHGE permit or an HSE permit required for large scale power and heat generation, energy intensive industries and aviation
- The Companies (Strategic Report)(Climate-related Financial Disclosure) Regs 2022 and The Limited Liability Partnerships (Climate-related Financial Disclosure) Regs 2022 - in scope large undertakings must disclose governance, strategy, risk management and metrics and targets in annual report. Disclosures on climate change related risks and opportunities to be included if material.
Climate Change Policy and Legislation at a Glance
International |
|
|
Policy/legal instrument | Scope | Key Features |
United Nations Framework Convention on Climate Change 1992
| International United Nations Agreement 21.03.94 came into force | 198 countries ratified: Parties to the Convention Aim: to stabilise GHG concentrations "at a level that would prevent dangerous anthropogenic interference with the climate system” Product of “The Earth Summit” in Rio |
Kyoto Protocol 1997 COP 3 | International United Nations Agreement
16.02.2005 came into force | 192 parties (not USA) Committed industrialised parties to binding emissions reduction targets Established:
|
Doha Amendment to Kyoto Protocol 2012 COP 18
| International United Nations Agreement
31.12.20 came into force | 148 Parties ratified (as of 2022) Annex A to the Kyoto Protocol added NF3 to Kyoto Basket of 6 GHGs – now “Basket of 7” |
Sustainable Development Goals | International United Nations Agreement
01.01.2016 came into force
| 193 countries 17 Sustainable Development Goals (SDGs) 169 targets SDG 13: Climate Action Origins formed at Rio “Earth Summit” and adopted at the United Nations Sustainable Development Summit New York 2015 |
Paris Agreement 2015 COP 21 | International United Nations Agreement
04.11.2016 came into force | 196 parties (including USA) Goal to keep: “…..the increase in the global average temperature to well below 2°C above pre-industrial levels” and pursue efforts “to limit the temperature increase to 1.5°C above pre-industrial levels” Net Zero Nationally Determined Contributions (NDC) |
European Union |
|
|
Policy/legal instrument | Scope | Key Features |
EU Emissions Trading Scheme | EU Carbon Trading policy | Set up in 2005 First large GHG emissions trading scheme in the world operating under a cap and trade principle and encompassing Europe’s largest GHG-emitting activities |
EU Energy Efficiency Directive 2012 | EU | Established a set of binding measures to help the EU reach its 20% energy efficiency target by 2020 Revised 10.10.23 to meet EU’s 2030 target of reducing greenhouse gas emissions by at least 55% (compared to 1990) |
UK |
|
|
Policy/legal instrument | Scope | Key Features |
Climate Change Act 2008
The Climate Change Act 2008 (2050 Target Amendment) Order 2019 | UK | UK commitment to net zero (as amended in 2019) by 2050 (using 1990 as baseline) Interim target: 81% reduction by 2035 |
The Companies Act 2006 (Strategic Report and Directors’ Report) Regulations 2013
Part 7: Disclosures of GHG emissions | UK | Applicable to financial years ending on/after 30.09.13 Requires companies quoted on the stock exchange (small company exemption) to publicly disclose their global carbon footprint (scope 1 and 2) as part of their annual reports |
The ESOS Regulations 2014 (Energy Savings Opportunity Scheme)
Amended (following introduction of The Energy Act 2023): The Energy Savings Opportunity Scheme (Amendment) Regulations 2023 | UK | Implements the requirements of the EU Energy Efficiency Directive on energy audits for large organisations within the UK Amended 2023: A large undertaking is any UK undertaking that meets either one or both of the following conditions:
|
Fluorinated Greenhouse Gas Regulations 2015 | UK | Make requirements for the use, maintenance and testing of systems containing fluorinated gases (such as air conditioning) |
Finance Act 2000
| UK | Climate change levy: carbon tax on supply of electricity, gas, LPG and solid fuels Organisations in eligible energy-intensive sectors can enter Climate Change Agreement to receive discounts |
The Energy Performance of Buildings (England and Wales) (Amendment) Regulations 2018 | England and Wales
06.04.18 came into force | Makes requirements for energy performance certificates for the selling and renting of buildings and the testing of energy efficiency on larger air-conditioning systems |
The Companies (Directors’ Report) and Limited Liability Partnerships (Energy and Carbon Report) Regulations 2018
| UK
01.04.19 came into force | Introduced streamlined energy and carbon reporting (SECR) framework Requirement to report UK scope 1 + 2 emissions if:
Exemption available if consume under 40,000 kWh of energy in the reporting period Need to accurately verify data in carbon emissions audit. Calculate against the GHG Protocol Eg PAS 2060/ISO14064-1/ISO14064-3. (PAS discontinued January 2025 – ISO14068-1 recommended instead). |
The Greenhouse Gas Trading Scheme Order 2020 | UK
12.11.20 came into force | Following Brexit - UK emissions trading regime to take the place of EU Emissions Trading Scheme One allowance = one tonne of CO2e |
The Companies (Strategic Report)(Climate-related Financial Disclosure) Regs 2022 And The Limited Liability Partnerships (Climate-related Financial Disclosure) Regs 2022
| UK
06.04.22 came into force | Requirements if:
Must disclose governance, strategy, risk management and metrics and targets (requirements of Task Force on Climate-related Financial Disclosure - TCFD) in annual report Include disclosures on climate change related risks and opportunities, where these are material. |
The Energy Act 2023
| UK
26.10.23 came into force | Strengthened regulatory powers previously supplied by European Communities Act 1972 and led to ESOS Regulations amendment Aim: to deliver Government’s strategy for energy security and green industrial revolution |
How Astutis Can Help
Understanding your obligations under the UK’s net zero framework is the first step towards turning compliance into opportunity.
Whether you need to get to grips with carbon reporting, build the knowledge to drive emissions reductions across your organisation, or develop the skills to lead on sustainability and resilience, our environmental and energy management training gives your people the practical expertise to act with confidence.
To find out more about how we can support your business with its environmental targets, browse our ISEP course library.
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