Clause updates: UK Environment Act 2021 review

We have updated five of our clauses as part of our UK Environment Act 2021 (EA 2021) review.

Alice’s Clause: Reduction of CO2 from Single Use Plastic

No changes were made to the operative provisions of Alice’s Clause as a result of the EA 2021 review. 

We updated  the legal context section of the user notes to refer to deposit return schemes. The EA 2021 is more relevant on this subject than the EU rules, which no longer apply. 

Felix’s Clause: Net Zero Completion Adjustment Clause

No changes were made to the operative provisions of Felix’s Clause as a result of the EA 2021 review. 

However, we updated the following definitions to align with the most up to date versions of these terms in TCLP’s glossary: 

  • Carbon Dioxide Equivalent
  • GHG Emissions
  • Greenhouse Gases
  • Net Zero
  • Offset

Frank’s Clause: Green Investment Obligations

Amended clause 1.3.2.5 so that it refers to casing/ packaging for products being designed to ‘reduce the amount of product or material that produces waste’, rather than ‘have the smallest environmental impact’. 

We added a new defined term – ‘Resource Efficiency Information’ – as used in the EA 2021. We also added a new clause 1.3.3.6 requiring the Company to provide such information.

We updated the following definitions to align with the most up to date versions of these terms in TCLP’s glossary: 

  • Greenhouse Gases
  • GHG Emissions
  • Net Negative
  • Net Zero Target
  • Net Zero Transition Plan
  • Offset or Offsetting

Raphael’s Procurement DDQ: Climate Change Due Diligence Questionnaire for Suppliers

Raphael’s Due Diligence Questionnaire (DDQ) was reviewed by environment lawyers to ensure it aligns with the UK Environment Act 2021. The following changes were made to the DDQ as a result of their review. 

We added: 

  • New defined term ‘Forest Risk Commodity’ and a new question 1.8 that uses this term (as to which see below).
  • New question 1.6 (information resource efficiency in relation to a product […]). Added since there is a requirement under the EA 2021 on persons relating to sale, supply, distribution and manufacture of goods to provide information about a product’s resource efficiency.
  • New question 1.8 (If the Supplier uses forest risk commodities at any stage in its operations or supply chain […]). The question adopts language of the EA 2021 (the relevant extract is: ‘provide information, assess the potential risk and take steps to mitigate those risks’).
  • Updated question 27 to replace references to ‘single-use plastics’ with new defined term Single Use Items. This is because the EA 21 uses a broader term of items for England and Wales to include other single use materials as well as just plastics.
  • A reference to the EA 2021 to footnote 1.

Lovisa’s Clause: Climate-Related Knowledge Sharing Between Insurer and Insured

No changes were made to the operative provisions of Lovisa’s Clause as a result of the EA 2021 review. 

However, we updated the following definitions to align with the most up to date versions of these terms in TCLP’s glossary: 

  • GHG Emissions
  • Net Zero