Infrastructure Bill [HL]

Amendments
to be moved
in grand committee

[Supplementary to the Second Marshalled List]

Clause 13

BARONESS KRAMER

61AA*

Page 9, leave out line 26 and insert “the application of any enactment (but, in the
case of an Act, only if the Act was passed before the end of the Session in which
this Act is passed).”

Clause 14

BARONESS KRAMER

61C*

Page 9, leave out line 34 and insert “the application of any enactment (but, in the
case of an Act, only if the Act was passed before the end of the Session in which
this Act is passed).”

After Clause 25

BARONESS KRAMER

93A*

Insert the following new Clause—

“Provision in building regulations for off-site carbon abatement measures

(1)     The Building Act 1984 is amended as follows.

(2)     In section 1(1A) (matters that may be covered by building regulations) after
paragraph (c) insert “;

(d)   in relation to a building in England, the action to be taken as
a result of the building’s contribution to or effect on
emissions of carbon dioxide (whether or not from the
building itself).”

(3)     Schedule 1 (building regulations) is amended as follows.

(4)     After paragraph 7 insert—

“7A (1)     This paragraph applies if building regulations impose a
requirement in relation to a building in England as respects its
contribution to or effect on emissions of carbon dioxide (whether
or not the requirement relates to emissions from the building
itself).

(2)     Building regulations may make provision for a person to whom
the requirement applies to meet it (in whole or in part) by taking
action otherwise than in relation to the building.

(3)     Such action may include—

(a)   doing things which consist of, or cause or contribute,
directly or indirectly to—


(i)   reductions in emissions of carbon dioxide, or


(ii)   the removal of carbon dioxide from the
atmosphere;

(b)   agreeing with another person that the person will do
things within paragraph (a);

(c)   making a payment or payments to a fund—


(i)   which is administered by, or by a person acting on
behalf of, the Secretary of State, and


(ii)   the proceeds of which are used to pay (directly or
indirectly) for activities within paragraph (a).

(4)     Provision made under paragraph 4A for the use of certificates as
evidence of compliance with building regulations by virtue of
action within sub-paragraph (3) may include provision—

(a)   for the creation and maintenance of a register for keeping
track of the use of certificates for that purpose;

(b)   about the administration of the register;

(c)   for charges to be imposed in connection with the
registration of any matter in the register or for the
disclosure of information held in the register.

(5)     If building regulations make provision for the creation and
maintenance of a register, building regulations must make
provision for the register to be administered by, or by a person
acting on behalf of, the Secretary of State.

(6)     Building regulations may make provision for the creation and
maintenance of a fund of a kind referred to in sub-paragraph (3)(c), including provision about—

(a)   the administration of such a fund;

(b)   the purposes for which proceeds from such a fund may
be used.

(7)     Building regulations may make provision about—

(a)   the calculation of payments to be made into a fund of a
kind referred to in sub-paragraph (3)(c);

(b)   the maximum payment which may be required to be
made into such a fund in respect of a building.

(8)     Paragraph 8(2) does not prevent building regulations from
providing for action within sub-paragraph (3) to be taken in
relation to a building erected before the date on which the
regulations come into force.”

(5)     In paragraph 8(2) (requirement for building regulations not to apply to
buildings erected before regulations come into force, subject to exceptions)
after “Subject to sub-paragraphs (3) to (6) below and to” insert “paragraph
7A(8) above and”.”

Clause 28

BARONESS KRAMER

95B*

Page 28, leave out line 25 and insert “the application of any enactment (but, in the
case of an Act, only if the Act was passed before the end of the Session in which
this Act is passed).”

Clause 29

BARONESS KRAMER

96A*

Page 28, line 36, leave out “amend or repeal” and insert “amend, repeal or modify
the application of”

Clause 31

BARONESS KRAMER

98A*

Page 30, line 9, leave out “and 25” and insert “, 25 and (Provision in building
regulations for off-site carbon abatement measures
)”

In the Title

BARONESS KRAMER

98B*

Line 9, after “charges;” insert “to make provision enabling building regulations to
provide for off-site carbon abatement measures;”

Prepared 8th July 2014