Environment Bill (HC Bill 3)

Delegation

10 (1) A local authority may delegate to a person the exercise of the
authority’s functions under this Schedule.

(2) A delegation under this paragraph must be made by giving notice
5to the person.

Notices

11 (1) A notice under this Schedule must be in writing.

(2) A notice under this Schedule may be given to a person by—

(a) handing it to the person,

(b) 10leaving it at the person’s address,

(c) sending it by post to the person at their address, or

(d) with the person’s consent, sending it to them
electronically.

Notices: vessels which are moored

12 (1) 15This paragraph applies in relation to a vessel which is moored in
a smoke control area in England and is subject to the operation of
this Schedule (see section 44).

(2) If the local authority is unable to give a notice of intent to the
occupier of the vessel who is not the registered owner of the
20vessel, the local authority may give the notice to the registered
owner of the vessel instead.

(3) In such a case, the ground for objecting to the proposed financial
penalty mentioned in paragraph 4(2)(c) does not apply.

(4) Where a notice of intent is given to a person in respect of a vessel,
25that person may object under paragraph 4 on the further ground
that, on the occasion specified in the notice, the emission of smoke
was solely due to the use of the vessel’s engine to propel the vessel
or to provide electric power to the vessel.”

4 After section 19A (as inserted by paragraph 2 above)—

“19B 30Acquisition and sale of controlled solid fuel in England

(1) A person who acquires in England any controlled solid fuel for use
in—

(a) a building to which a smoke control order in England applies,

(b) a fireplace to which such an order applies, or

(c) 35a fixed boiler or industrial plant to which such an order
applies,

is guilty of an offence.

(2) Where a smoke control order in England applies to any moored
vessels (see section 44), subsection (1)(a) does not apply in relation to
40the acquisition of controlled solid fuel for use in the propulsion of a
vessel or to provide electric power to the vessel.

(3) Subsection (1)(b) does not apply where the fireplace was an
approved fireplace at the time of the acquisition.

(4) A person who—

(a) offers controlled solid fuel for sale by retail in England where
5the fuel is to be taken away by a purchaser, and

(b) fails to take reasonable steps to notify potential purchasers
that it is an offence to acquire that fuel for any of the uses
mentioned in subsection (1),

is guilty of an offence.

(5) 10A person who sells any controlled solid fuel by retail in England for
delivery by that person, or on that person’s behalf, to—

(a) a building to which a smoke control order in England applies,
or

(b) premises in which there is any fixed boiler or industrial plant
15to which such an order applies,

is guilty of an offence.

(6) In proceedings for an offence under subsection (5) it is a defence for
the person accused to prove that the person believed and had
reasonable grounds for believing that —

(a) 20the building referred to in subsection (5)(a) was not one to
which the smoke control order in question applied, or

(b) the fuel was acquired for use in—

(i) a fireplace that was, at the time of the delivery, an
approved fireplace, or

(ii) 25a boiler or plant to which the smoke control order did
not apply.

(7) A person guilty of an offence under subsection (1) is liable on
summary conviction to a fine not exceeding level 3 on the standard
scale.

(8) 30A person guilty of an offence under subsection (4) or (5) is liable on
summary conviction to a fine.

19C Exemptions relating to particular areas in England

(1) The Secretary of State may, if it appears to the Secretary of State to be
necessary or expedient to do so, by order suspend or relax the
35operation of—

(a) Schedule 1A (penalty for emission of smoke), or

(b) section 19B(1), (4) or (5) (offences relating to acquisition and
sale of fuel),

in relation to the whole or part of a smoke control area in England.

(2) 40Before making an order under subsection (1) the Secretary of State
must consult the local authority that declared the smoke control area
in question unless satisfied that, on account of urgency, such
consultation is impracticable.

(3) As soon as practicable after the making of such an order the local
45authority must take such steps as appear to them suitable for
bringing the effect of the order to the notice of persons affected.

19D Interpretation: “approved fireplace” and “controlled solid fuel”

(1) In section 19B, “approved fireplace” means a fireplace of a type
specified in a list published by the Secretary of State.

(2) The Secretary of State may only specify a type of fireplace in the list
5if satisfied that such a fireplace can, if used in compliance with any
conditions specified in the list, be used for burning controlled solid
fuel without producing any smoke or a substantial quantity of
smoke.

(3) In section 19B and this section, “controlled solid fuel” means any
10solid fuel other than an approved fuel.

(4) In subsection (3), “approved fuel” means a solid fuel specified in a
list which has been published by the Secretary of State for the
purposes of this section.”

5 After section 26 insert—

“26A 15Duty of local authority to reimburse for adaptations of vessels in
England

(1) This section applies where—

(a) a local authority in England makes a smoke control order,

(b) as a result of the order a vessel will, when the order comes
20into operation, be within a smoke control area and subject to
the operation of Schedule 1A,

(c) the owner or occupier of the vessel has a right to moor the
vessel at a single mooring place within that area for the
period which—

(i) 25begins on the day on which the smoke control order
is made, and

(ii) ends six months after it comes into operation, and

(d) the owner or occupier does not have access to a mains
electricity or gas supply at the mooring place.

(2) 30If—

(a) before the coming into operation of the order, the owner or
occupier incurs expenditure on adaptations to or in
connection with the vessel to avoid the imposition of a
penalty under Schedule 1A,

(b) 35the expenditure is incurred with the approval of the local
authority given for the purpose of this section, and

(c) the adaptations are completed to the satisfaction of the local
authority,

the authority must pay to the owner or occupier of the vessel 70% of
40the expenditure.

(3) That amount must be paid in equal instalments every month for a
period of six months.

(4) But the duty to pay instalments under this section ceases if, at any
time after the coming into operation of the smoke control order—

(a) 45the owner or occupier of the vessel ceases to have the right to
moor the vessel at the single mooring place mentioned in
subsection (1)(c), or

(b) the vessel is absent from the smoke control area for a period
of, or periods together totalling, three months.”

6 After section 28 insert—

“28A Guidance for local authorities in England

5A local authority in England must have regard to any guidance
published by the Secretary of State about the exercise of the
authority’s functions under this Part.”

7 In section 44 (vessels), after subsection (2) insert—

“(2A) A smoke control order in England may provide for vessels which are
10moored in the smoke control area to be subject to the operation of
Schedule 1A.

(2B) For the purposes of a smoke control order which so provides—

(a) any reference in Part 3 and in section 54 to a building is to be
read with any necessary modifications as a reference to such
15a vessel, but

(b) references in sections 24 and 25 to dwellings do not include
such vessels.

(2C) In subsection (2A) the reference to vessels which are moored
includes a vessel which is unmoored but which is stationary at a
20mooring place in circumstances where it might reasonably be
moored.”

8 In section 56 (rights of entry and inspection etc), for subsection (2)
substitute—

“(2) Subsection (1) does not apply in relation to a private dwelling except
25in relation to—

(a) a private dwelling in relation to which adaptations are
required under section 24(1), or

(b) a private dwelling that is a vessel in relation to which there is
a duty to make payments under section 26A(3).”

30Part 2 Principal amendments to the Clean Air Act 1993: Wales

9 The Clean Air Act 1993 is amended as follows.

10 (1) Section 20 (prohibition on emission of smoke in smoke control area) is
amended as follows.

(2) 35After subsection (5C) insert—

“(5D) In the application of this Part to Wales, “authorised fuel” means a
fuel included in a list of authorised fuels kept by the Welsh Ministers
for the purposes of this Part.

(5E) The Welsh Ministers must—

(a) 40publish the list of authorised fuels, and

(b) publish a revised copy of the list as soon as is reasonably
practicable after any change is made to it.

(5F) The list must be published in such manner as the Welsh Ministers
consider appropriate.”

(3) Omit subsection (6).

11 (1) Section 21 (power to exempt certain fireplaces) is amended as follows.

(2) 5After subsection (4) insert—

“(4A) For the purposes of the application of this Part to Wales, the Welsh
Ministers may exempt any class of fireplace from the provisions of
section 20 (prohibition of smoke emissions in smoke control area) if
they are satisfied that such fireplaces can be used for burning fuel
10other than authorised fuels without producing any smoke or a
substantial quantity of smoke.

(4B) An exemption under subsection (4A) may be made subject to such
conditions as the Welsh Ministers consider appropriate.

(4C) The Welsh Ministers must—

(a) 15publish a list of those classes of fireplace that are exempt
under subsection (4A) including details of any conditions to
which an exemption is subject;

(b) publish a revised copy of the list as soon as is reasonably
practicable after any change is made to the classes of fireplace
20that are so exempt or to the conditions to which an exemption
is subject.

(4D) The list must be published in such manner as the Welsh Ministers
consider appropriate.”

(3) Omit subsection (5).

25Part 3 Minor and consequential amendments

Minor and consequential amendments to the Clean Air Act 1993

12 The Clean Air Act 1993 is amended as follows.

13 (1) Section 18 (declaration of smoke control area by local authority) is amended
30as follows.

(2) In subsection (2)—

(a) in paragraph (b)—

(i) after “smoke” insert “in Wales”;

(ii) before “to” insert “or Schedule 1A (penalty for emission of
35smoke in England)”;

(b) in paragraph (c), after “section” insert “or Schedule”.

(3) After subsection (2) insert—

“(2A) For the purposes of this Part a smoke control order in England
“applies” to a building, fireplace, fixed boiler or industrial plant if the
40operation of Schedule 1A is not excluded in relation to it by virtue of
subsection (2)(b) or (c).”

14 (1) Section 20 (prohibition on emission of smoke in smoke control area) is
amended as follows.

(2) In the heading, at the end insert “in Wales”.

(3) In subsections (1) and (2), after “area” insert “in Wales”.

(4) 5Omit subsections (5ZA) to (5ZC).

(5) If at the time of the coming into force of this paragraph Part 2 of this
Schedule is not in force, in subsection (6)—

(a) omit “Except as provided by subsection (5ZA),”;

(b) for “Secretary of State” substitute “Welsh Ministers”.

15 (1) 10Section 21 (power to exempt certain fireplaces) is amended as follows.

(2) In the heading, at the end insert “in Wales”.

(3) Omit subsections (A1) to (A4).

(4) If at the time of the coming into force of this paragraph Part 2 of this
Schedule is not in force, in subsection (5)—

(a) 15omit “Except where subsection (A1) applies,”;

(b) for “Secretary of State” substitute “Welsh Ministers”;

(c) for “he is” substitute “they are”.

16 (1) Section 22 (exemptions relating to particular areas) is amended as follows.

(2) In the heading, at the end insert “in Wales”.

(3) 20In subsection (1)—

(a) for “Secretary of State” substitute “Welsh Ministers”;

(b) for “him” substitute “them”;

(c) after “area”, in both places, insert “in Wales”.

(4) In subsection (2)—

(a) 25for “Secretary of State” substitute “Welsh Ministers”;

(b) for “he is” substitute “they are”.

17 (1) Section 23 (acquisition and sale of unauthorised fuel in a smoke control area)
is amended as follows.

(2) In the heading, at the end insert “in Wales”.

(3) 30In subsection (1)—

(a) in paragraph (a), after “area” in both places insert “in Wales”;

(b) in paragraph (b), after “area” insert “in Wales”;

(c) in paragraph (c)—

(i) after “fuel” insert “in Wales”;

(ii) 35in sub-paragraph (i), after “area” insert “in Wales”.

(4) In subsection (3), after “area” insert “in Wales”.

(5) In subsection (4)

(a) for “Secretary of State” substitute “Welsh Ministers”;

(b) after first “area” insert “in Wales”.

(6) 40In subsection (5)—

(a) after first “fuel” insert “in Wales”;

(b) after “premises” insert “in Wales”.

18 In section 24 (power to require adaptations of fireplaces), in subsection (1)—

(a) after second “area” insert “in Wales”;

(b) 5at the end insert “or the imposition of a financial penalty under
Schedule 1A (penalty for emission of smoke in England)”.

19 (1) In section 26 (power to make grants for fireplaces in churches etc)—

(a) in subsection (1)—

(i) after second “area” insert “in Wales”;

(ii) 10before “, the local authority” insert “or the imposition of a
financial penalty under Schedule 1A (penalty for emission of
smoke in England)”;

(b) after subsection (2) insert—

“(3) Where a smoke control order in England applies to a vessel
15which is moored (see section 44), subsection (2)(c) applies to
the vessel as it applies in relation to premises.”

20 (1) In section 27 (references to adaptations)—

(a) in the heading, at the end insert “or Schedule 1A”;

(b) in subsection (1)—

(i) 20after “area” insert “in Wales”;

(ii) before “shall be read” insert “or the imposition of a financial
penalty under Schedule 1A (penalty for emission of smoke in
England)”;

(iii) at the end insert “or incurring liability under Schedule 1A”;

(c) 25in subsection (3), after “20” insert “or liability under Schedule 1A”;

(d) in subsection (4), at the end insert “, and to a vessel to which section
26 or 26A (adaptations of vessels in England) applies”.

21 In section 28 (expenditure on execution of works), in subsection (3), at the
end insert “, and to any vessel to which section 26 or section 26A
30(adaptations of vessels in England) applies”.

22 In section 29 (interpretation)—

(a) in the definition of “old private dwelling”, omit the final “and”;

(b) in the definition of “smoke control order”, at the end insert “and”;

(c) after that definition insert—

• 35“““smoke control order in England” means a smoke
  control order made by a local authority in England.”

23 In section 63 (orders and regulations)—

(a) in subsection (2), after “47(2)” insert “or paragraph 3(3) or 4(4) of
Schedule 1A”;

(b) 40in subsection (3), after “section” insert “19C,”.

24 (1) Schedule 1 (coming into operation of smoke control orders) is amended as
follows.

(2) In paragraph 5—

(a) after “area” insert “in Wales”;

(b) before “may” insert “or Schedule 1A (penalty for emission of smoke
in England)”.

(3) After paragraph 6 insert—

“6A When a local authority in England has made an order, the
5authority must—

(a) inform the Secretary of State that it has done so, and

(b) provide the date on which the order is to come, or came,
into operation.”

Minor amendments to other legislation

25 10In section 79 of the Environmental Protection Act 1990 (statutory nuisances),
in subsection (3)(i), insert “in Wales”.

Section 76

SCHEDULE 14 Modifying water and sewerage undertakers’ appointments: procedure for
appeals

12E

15“Schedule 1 Procedure for appeals under section 12D

Application for permission to bring appeal

1 (1) An application for permission to bring an appeal may be made
only by sending a notice to the CMA requesting the permission.

(2) 20Only a person entitled under section 12D to bring the appeal if
permission is granted may apply for permission.

(3) Where the Authority publishes a decision to modify the
conditions of any appointment under section 12A(9), any
application for permission to appeal is not to be made after the end
25of 20 working days beginning with the first working day after the
day on which the decision is published.

(4) An application for permission to appeal must be accompanied by
all such information as may be required by appeal rules.

(5) Appeal rules may require information contained in an application
30for permission to appeal to be verified by a statement of truth.

(6) A person who applies for permission to bring an appeal in
accordance with this paragraph is referred to in this Schedule as
the appellant.

(7) The appellant must send the Authority—

(a) 35a copy of the application for permission to appeal at the
same time as it is sent to the CMA, and

(b) such other information as may be required by appeal rules.

(8) The CMA’s decision whether to grant permission to appeal is to be
taken by an authorised member of the CMA.

(9) Before the authorised member decides whether to grant
permission under this paragraph, the Authority must be given an
opportunity of making representations or observations, in
accordance with paragraph 3(2).

(10) 5The CMA’s decision on an application for permission to appeal
must be made—

(a) where the Authority makes representations or
observations in accordance with paragraph 3(2), before the
end of 10 working days beginning with the first working
10day after the day on which those representations or
observations are received;

(b) in any other case, before the end of 14 working days
beginning with the first working day after the day on
which the application for permission was received.

(11) 15The grant of permission may be made subject to conditions, which
may include—

(a) conditions which limit the matters that are to be
considered on the appeal in question,

(b) conditions for the purpose of expediting the determination
20of the appeal, and

(c) conditions requiring that appeal to be considered together
with other appeals (including appeals relating to different
matters or decisions and appeals brought by different
persons).

(12) 25Where a decision is made to grant or to refuse an application for
permission, an authorised member of the CMA must notify the
decision, giving reasons—

(a) to the appellant, and

(b) to the Authority.

(13) 30A decision of the CMA under this paragraph must be published,
in a way an authorised member of the CMA considers
appropriate, as soon as reasonably practicable after it is made.

(14) Section 12I(2) applies to the publication of a decision under sub-
paragraph (13) as it does to the publication under section 12I of a
35decision under section 12H.

Suspension of decision

2 (1) The CMA may direct that, pending the determination of an appeal
against a decision of the Authority—

(a) the decision is not to have effect, or

(b) 40the decision is not to have effect to such extent as may be
specified in the direction.

(2) In the case of an appeal against a decision of the Authority which
already has effect by virtue of section 12B, the CMA may direct
that the modification that is the subject of the decision—

(a) 45ceases to have effect entirely or to such extent as may be
specified in the direction, and

(b) does not have effect, or does not have effect to the specified
extent, pending the determination of the appeal.

(3) The power to give a direction under this paragraph is exercisable
only where—

(a) 5an application for its exercise has been made by the
appellant at the same time the appellant made an
application in accordance with paragraph 1(3) for
permission to bring an appeal against a decision of the
Authority,

(b) 10the Authority has been given an opportunity of making
representations or observations, in accordance with
paragraph 3(2),

(c) the appellant (or, where the appellant is within section
12D(2)(c) or (2)(d), those represented by the appellant, or
15consumers, respectively) would incur significant costs if
the decision were to have effect before the determination of
the appeal, and

(d) the balance of convenience does not otherwise require
effect to be given to the decision pending that
20determination.

(4) The CMA’s decision on an application for a direction under this
paragraph must be made—

(a) where the Authority makes representations or
observations in accordance with paragraph 3(2), before the
25end of 10 working days beginning with the first working
day after the day on which those representations or
observations are received;

(b) in any other case, before the end of 14 working days
beginning with the first working day following the day on
30which the application under sub-paragraph (3)(a) is
received.

(5) The appellant must send the Authority a copy of the application
for a direction under this paragraph at the same time as it is sent
to the CMA.

(6) 35A direction under this paragraph must be—

(a) given by an authorised member of the CMA, and

(b) published, in a way an authorised member of the CMA
considers appropriate, as soon as reasonably practicable
after it is given.

(7) 40Section 12I(2) applies to the publication of a direction under sub-
paragraph (6) as it does to the publication under section 12I of a
decision under section 12H.

Time limit for representations and observations by the Authority

3 (1) Sub-paragraph (2) applies where the Authority wishes to make
45representations or observations to the CMA in relation to—

(a) an application for permission to bring an appeal under
paragraph 1;

(b) an application for a direction under paragraph 2.