|
| |
|
(g) | such other persons as the Secretary of State considers it appropriate |
| |
| |
(5) | Sub-paragraph (4) may be satisfied by consultation before, as well as by |
| |
consultation after, the passing of this Act. |
| |
| 5 |
20 (1) | There may be paid out of money provided by Parliament expenditure |
| |
incurred by the Secretary of State for the purpose of making payments in |
| |
respect of the Secretary of State’s obligations under an investment contract, |
| |
whether entered into before or after this Schedule comes into force. |
| |
(2) | There may be paid out of money provided by Parliament expenditure |
| 10 |
incurred by the Secretary of State for the purpose of, or in connection with— |
| |
(a) | obtaining advice and assistance in relation to investment contracts |
| |
(including in relation to entering into an investment contract); |
| |
(b) | the establishment of an investment contract counterparty; |
| |
(c) | making payments or providing financial assistance to an investment |
| 15 |
| |
(3) | Financial assistance or payments includes financial assistance or payments |
| |
given subject to such conditions as may be determined by, or in accordance |
| |
with arrangements made by, the Secretary of State; and such conditions may |
| |
in particular in the case of a grant include conditions for repayment in |
| 20 |
| |
(4) | In this paragraph, “financial assistance” means grants, loans, guarantees or |
| |
indemnities, or any other kind of financial assistance. |
| |
| |
| |
Orders under section 35: transfer schemes |
| 25 |
Power to make transfer schemes |
| |
1 (1) | The Secretary of State may exercise the power in sub-paragraph (2) in |
| |
connection with the making of an order under section 35 providing for a |
| |
person (“the transferee”) to carry out EMR functions in place of another |
| |
person (“the transferor”). |
| 30 |
(2) | The Secretary of State may make one or more schemes for the transfer of |
| |
designated property, rights or liabilities of the transferor to the transferee. |
| |
(3) | On the transfer date, the designated property, rights and liabilities are |
| |
transferred and vest in accordance with the scheme. |
| |
(4) | The rights and liabilities that may be transferred by a scheme include those |
| 35 |
arising under or in connection with a contract of employment. |
| |
(5) | A certificate by the Secretary of State that anything specified in the certificate |
| |
has vested in any person by virtue of a scheme is conclusive evidence for all |
| |
| |
| 40 |
|
| |
|
| |
|
“designated”, in relation to a scheme, means specified in or determined |
| |
in accordance with the scheme; |
| |
“EMR functions” has the same meaning as in section 35; |
| |
“property” includes interests of any description; |
| |
“the transfer date” means a date specified by a scheme as the date on |
| 5 |
which the scheme is to have effect. |
| |
| |
2 (1) | A scheme may make provision— |
| |
(a) | for anything done by or in relation to the transferor in connection |
| |
with any property, rights or liabilities transferred by the scheme to |
| 10 |
be treated as done, or to be continued, by or in relation to the |
| |
| |
(b) | for references to the transferor in any agreement (whether written or |
| |
not), instrument or other document relating to any property, rights |
| |
or liabilities transferred by the scheme to be treated as references to |
| 15 |
| |
(c) | about the continuation of legal proceedings; |
| |
(d) | for transferring property, rights or liabilities which could not |
| |
otherwise be transferred or assigned; |
| |
(e) | for transferring property, rights and liabilities irrespective of any |
| 20 |
requirement for consent which would otherwise apply; |
| |
(f) | for preventing a right of pre-emption, right of reverter, right of |
| |
forfeiture, right to compensation or other similar right from arising |
| |
or becoming exercisable as a result of the transfer of property, rights |
| |
| 25 |
(g) | for dispensing with any formality in relation to the transfer of |
| |
property, rights or liabilities by the scheme; |
| |
(h) | for transferring property acquired, or rights or liabilities arising, |
| |
after the scheme is made but before it takes effect; |
| |
(i) | for apportioning property, rights or liabilities; |
| 30 |
(j) | for creating rights, or imposing liabilities, in connection with |
| |
property, rights or liabilities transferred by the scheme; |
| |
(k) | for requiring the transferee to enter into any agreement of any kind, |
| |
or for a purpose, specified in or determined in accordance with the |
| |
| 35 |
(2) | Sub-paragraph (1)(b) does not apply to references in primary legislation or |
| |
in subordinate legislation. |
| |
| |
3 | A scheme must contain provision for the payment by the Secretary of State |
| |
of such amounts of compensation as the Secretary of State considers |
| 40 |
appropriate to any person whose interests are adversely affected by it. |
| |
| |
|
| |
|
| |
|
| |
| |
Application and modification of emissions limit duty |
| |
Application of duty: changes to main boilers |
| |
1 (1) | Regulations under section 42(6)(b) may provide for the emissions limit duty |
| |
to apply (with or without modifications) in relation to fossil fuel plant in |
| 5 |
| |
(a) | immediately before the day on which section 42(1) came into force, |
| |
the electricity generating station in question was the subject of a |
| |
| |
(b) | on or after that day— |
| 10 |
(i) | any main boiler of the generating station is replaced, or |
| |
(ii) | an additional main boiler is installed for the generating |
| |
| |
(2) | Regulations made by virtue of this paragraph may, in particular, make |
| |
different provision in relation to different parts of fossil fuel plant. |
| 15 |
(3) | For the purposes of sub-paragraph (1)(a), plant is to be treated as the subject |
| |
of a relevant consent if, by virtue of a consent or approval granted before |
| |
section 36 of EA 1989 or Article 39 of the Electricity (Northern Ireland) Order |
| |
1992 (S.I. 1992/231 (N.I. 1)) came into force, no relevant consent was |
| |
required in respect of it. |
| 20 |
Application of duty: generating stations not exporting to a network |
| |
2 | Regulations under section 42(6)(b) may provide for the emissions limit duty |
| |
to apply with modifications (or not to apply) in relation to fossil fuel plant |
| |
which does not include a network generating station. |
| |
Modifications where gasification or CCS plant associated with two or more generating stations |
| 25 |
3 (1) | Regulations under section 42(6)(b) may provide for the emissions limit duty |
| |
to apply with modifications in cases where— |
| |
(a) | gasification plant or CCS plant is associated with two or more |
| |
electricity generating stations, and |
| |
(b) | each of those generating stations is the subject of a relevant consent. |
| 30 |
(2) | Regulations made by virtue this paragraph may, in particular, provide for— |
| |
(a) | the installed generating capacity of any of those generating stations |
| |
(or any part of it) to be treated as installed generating capacity of |
| |
another of those generating stations; |
| |
(b) | any of the emissions from the gasification plant or CCS plant to be |
| 35 |
treated as emissions from any of the generating stations. |
| |
Modifications of emissions limit for changes of circumstance during a year |
| |
4 | Regulations under section 42(6)(b) may modify the emissions limit duty in |
| |
relation to fossil fuel plant in cases where the generating station— |
| |
(a) | is used for the first time, or permanently ceases to be used, for the |
| 40 |
generation of electricity, or |
| |
| |
|
| |
|
| |
|
| |
| |
Emissions limit duty: monitoring and enforcement |
| |
Matters that may be contained in enforcement regulations |
| |
1 (1) | Provision that may be contained in enforcement regulations includes |
| |
| 5 |
(a) | conferring functions for or in connection with monitoring or |
| |
enforcing the compliance of operators with the emissions limit duty; |
| |
(b) | determining the authorities by whom such functions are to be |
| |
exercisable (“enforcing authorities”); |
| |
(c) | requiring enforcing authorities to comply with directions given by |
| 10 |
the appropriate national authority in carrying out any of their |
| |
functions under the regulations; |
| |
(d) | requiring enforcing authorities to comply with requirements |
| |
imposed on them under section 43(9); |
| |
(e) | requiring or authorising enforcing authorities to carry out |
| 15 |
consultation in connection with the carrying out of any of their |
| |
functions under the regulations; |
| |
(f) | requiring enforcing authorities to publish guidance about the |
| |
carrying out of any of their functions under the regulations; |
| |
(g) | about the provision, use and publication of information in relation to |
| 20 |
the compliance of operators with the emissions limit duty; |
| |
(h) | authorising the appropriate national authority to make schemes for |
| |
the charging by enforcing authorities of fees or other charges in |
| |
respect of or in connection with functions conferred on enforcing |
| |
authorities under the regulations; |
| 25 |
(i) | about the enforcement of contraventions of the emissions limit duty |
| |
through enforcement notices and financial penalties (see paragraphs |
| |
| |
(j) | about the procedure to be followed in connection with the service of |
| |
enforcement notices and imposition of financial penalties (including |
| 30 |
requirements for enforcement notices to be published in draft before |
| |
being served for the purpose of enabling representations to be made |
| |
| |
(k) | for the enforcement of— |
| |
| 35 |
(ii) | undertakings given in connection with such notices, |
| |
(iii) | financial penalties, or |
| |
(iv) | other obligations imposed on operators under the |
| |
| |
| by proceedings in the High Court or any court of competent |
| 40 |
jurisdiction in Scotland; |
| |
(l) | conferring rights of appeal in respect of decisions made, notices |
| |
served, financial penalties imposed or other things done (or omitted |
| |
to be done) by enforcing authorities under the regulations (including |
| |
provision in relation to the making, consideration and determination |
| 45 |
| |
(m) | about the application of the regulations to the Crown. |
| |
(2) | Provision under sub-paragraph (1)(a) may in particular include provision— |
| |
|
| |
|
| |
|
(a) | conferring power on enforcing authorities to take samples or to make |
| |
| |
(b) | conferring power on enforcing authorities to arrange for |
| |
preventative or remedial action to be taken at the expense of |
| |
| 5 |
(c) | authorising enforcing authorities to appoint suitable persons to |
| |
exercise the functions mentioned in paragraph (a) or (b); |
| |
(d) | conferring powers on persons so appointed (which may include, so |
| |
far as relevant, the powers mentioned in section 108(4) of the |
| |
| 10 |
(3) | Provision under sub-paragraph (1)(g) may in particular include provision— |
| |
(a) | enabling enforcing authorities to use, for the purposes of their |
| |
functions conferred under the regulations in respect of fossil fuel |
| |
plant, information held for the purposes of their functions in relation |
| |
to any such plant conferred under regulations implementing the ETS |
| 15 |
| |
(b) | requiring operators, or other persons of a description specified in the |
| |
regulations, to provide to an enforcing authority such information, |
| |
| |
(i) | the regulations may specify, or |
| 20 |
(ii) | the authority may reasonably require; |
| |
(c) | requiring or authorising enforcing authorities to publish such |
| |
information, and in such manner, as is specified in the regulations |
| |
(whether such information is held as mentioned in paragraph (a) or |
| |
is provided as mentioned in paragraph (b)); |
| 25 |
(d) | requiring operators to publish such information, and in such |
| |
| |
(i) | the regulations may specify, or |
| |
(ii) | an enforcing authority may reasonably require. |
| |
(4) | Provision under sub-paragraph (1)(h) in relation to a scheme may— |
| 30 |
(a) | require the scheme to be so framed that the fees and charges payable |
| |
under the scheme are sufficient, taking one year with another, to |
| |
cover such expenditure (whether or not incurred by the enforcing |
| |
authority or other person to whom they are so payable) as is |
| |
| 35 |
(b) | authorise any such scheme to make different provision for different |
| |
cases (and specify particular kinds of such cases). |
| |
| |
2 (1) | Enforcement regulations may authorise an enforcing authority to serve an |
| |
enforcement notice on an operator who has breached the emissions limit |
| 40 |
duty in respect of any fossil fuel plant— |
| |
(a) | in relation to the year in which the notice is served, or |
| |
(b) | in relation to the preceding year. |
| |
(2) | The regulations may specify the requirements that may be imposed on an |
| |
operator under an enforcement notice. |
| 45 |
(3) | Those requirements may in particular include requirements— |
| |
(a) | to take such remedial action in respect of the breach as is specified in |
| |
| |
|
| |
|
| |
|
(b) | to provide such undertakings in respect of the breach as may be |
| |
agreed between the operator and the enforcing authority (whether |
| |
for the taking of remedial action or otherwise), or |
| |
(c) | to comply with a modified emissions limit duty in relation to the |
| |
fossil fuel plant for any year to take account of excess emissions in |
| 5 |
| |
| |
3 (1) | Enforcement regulations may authorise an enforcing authority to serve a |
| |
notice on an operator who has breached the emissions limit duty requiring |
| |
the operator to pay such a financial penalty in respect of the breach as is |
| 10 |
specified in, or calculated in accordance with, the notice or the regulations. |
| |
(2) | Enforcement regulations which provide for the imposition of financial |
| |
| |
(a) | may not permit an enforcing authority to impose a financial penalty |
| |
in respect of a breach of the emissions limit duty in any year which |
| 15 |
began more than 5 years before the year in which the notice imposing |
| |
| |
(b) | may require enforcing authorities, in imposing such penalties, to |
| |
have regard to any guidance issued by the appropriate national |
| |
| 20 |
(c) | may provide for such penalties to be instead of, or in addition to, |
| |
requirements imposed under enforcement notices. |
| |
| |
4 (1) | Enforcement regulations may— |
| |
(a) | make provision which corresponds or is similar to any provision |
| 25 |
made, or capable of being made, under section 2(2) of the European |
| |
Communities Act 1972 in connection with the ETS Directive (subject |
| |
to any modifications that the appropriate national authority |
| |
| |
(b) | apply or incorporate (with or without modifications) other |
| 30 |
enactments relating to the prevention or control of environmental |
| |
pollution (including, in particular, regulations implementing the |
| |
ETS Directive and directly applicable EU legislation). |
| |
5 (1) | Provision included in enforcement regulations by virtue of section 46(8)(a) |
| |
| 35 |
| This is subject to sub-paragraph (3). |
| |
(2) | For this purpose, provision affects legislation if it amends, repeals or revokes |
| |
any provision made by or under primary legislation. |
| |
(3) | Enforcement regulations made by the Scottish Ministers, the Welsh |
| |
Ministers or the Department of Environment may not include any provision |
| 40 |
affecting legislation unless it is within legislative competence. |
| |
(4) | Enforcement regulations made by the Secretary of State— |
| |
(a) | may include provision affecting legislation that is made in |
| |
consequence of any enforcement regulations made by the Scottish |
| |
Ministers, the Welsh Ministers or the Department of Environment, |
| 45 |
| |
|
| |
|
| |
|
(b) | may not include any such provision that could be included in the |
| |
regulations mentioned in paragraph (a) except with the consent of |
| |
the authority making those regulations. |
| |
(5) | For this purpose, a provision of enforcement regulations is within legislative |
| |
| 5 |
(a) | in the case of regulations by the Scottish Ministers, it would be within |
| |
the legislative competence of the Scottish Parliament if it were |
| |
included in an Act of that Parliament; |
| |
(b) | in the case of regulations by the Welsh Ministers, it would be within |
| |
the legislative competence of the National Assembly for Wales if it |
| 10 |
were included in an Act of that Assembly; |
| |
(c) | in the case of regulations by the Department of Environment, it |
| |
would be within the legislative competence of the Northern Ireland |
| |
Assembly if it were included in an Act of that Assembly. |
| |
(6) | Provision included in enforcement regulations by virtue of section 46(8)(b) |
| 15 |
may include provision modifying provision made by virtue of paragraph |
| |
2(3)(c) in cases where there is no applicable emissions limit in respect of any |
| |
| |
| |
6 | In this Schedule “enforcement regulations” means regulations under section |
| 20 |
| |
| |
| |
| |
| |
| 25 |
Provision that may be made by nuclear regulations |
| |
1 | Nuclear regulations may, in particular, make provision of any of the kinds |
| |
mentioned in Part 2 of this Schedule for any of the purposes mentioned in |
| |
| |
2 | No provision in Part 2 of this Schedule is to be regarded as limiting the |
| 30 |
| |
| |
(b) | any other provision in that Part of this Schedule. |
| |
| |
3 | In Part 2 of this Schedule, “activity” includes process, operation or act. |
| 35 |
|
| |
|