Clean Air (Human Rights) Bill (HL Bill 21)

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Shipping

8 The clean air enactments related to shipping are—

(a) the Merchant Shipping (Prevention of Air Pollution from Ships)
Regulations 2008 (S.I. 2008/2924);

(b) 5the Merchant Shipping (Prevention of Air Pollution from Ships)
(Amendment) Regulations 2010 (S.I. 2010/895);

(c) the Merchant Shipping (Prevention of Air Pollution from Ships) and
Motor Fuel (Composition and Content) (Amendment) Regulations
2014 (S.I. 2014/3076);

(d) 10the Merchant Shipping (Monitoring, Reporting and Verification of
Carbon Dioxide Emissions) and the Port State Control (Amendment)
Regulations 2017 (S.I. 2017/825).

Habitats

9 The clean air enactments related to habitats are—

(a) 15the European Union’s General Union Environment Action
Programme to 2020: Living well within the limits of our planet (the
7th Environment Action Programme);

(b) the Conservation of Habitats and Species Regulations 2017 (S.I.
2017/1012);

(c) 20the Conservation of Offshore Marine Habitats and Species
Regulations 2017 (S.I. 2017/1013).

Section 12

SCHEDULE 7 Constitution of the Citizens’ Commission for Clean Air

Mission

1 25The Citizen’s Commission for Clean Air must exercise the powers conferred
by this Act, and in order to monitor and enforce the right to breathe clean air
and the duties to achieve and maintain clean air in England and Wales, its
guiding principles must include—

(a) the environmental principles set out in section 16;

(b) 30demonstrating in its actions independence from the Government
and upholding domestic laws to protect and improve the
environment;

(c) ensuring that standards are set to protect public health and the
environment;

(d) 35assessing and improving compliance with relevant environmental
law by the Government and the relevant national authorities
including the achievement of the limits in Schedules 1 to 4;

(e) undertaking inquiries and formal investigations to identify systemic
risks;

(f) 40making recommendations and issuing compliance notices;

(g) involving and representing members of the public; and

(h) properly requesting resources and powers to fulfil its duties.

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2 The CCCA must work collaboratively with all other similar bodies and the
relevant national authorities across all parts of the United Kingdom.

Membership

3 The Secretary of State must appoint between 10 and 15 individuals as
5members of the CCCA (to be known as “Commissioners”).

4 The chief executive of the CCCA (appointed under paragraph 22) must be a
Commissioner ex officio.

5 In appointing Commissioners, the Secretary of State must—

(a) appoint an individual only if the Secretary of State considers that the
10individual—

(i) has experience or knowledge relating to a relevant matter; or

(ii) is suitable for appointment for some other reason; and

(b) have regard to the desirability of the Commissioners collectively
having sufficient experience and knowledge relating to the relevant
15matters.

6 For the purposes of paragraph 5, the relevant matters are those matters in
respect of which the CCCA has functions including and in particular—

(a) health;

(b) human rights;

(c) 20environmental protection;

(d) climate change;

(e) enforcement powers;

(f) law;

(g) planning;

(h) 25science; and

(i) public involvement in decision making.

7 A Commissioner must hold and vacate office in accordance with the terms
of their appointment (subject to this Schedule).

8 The appointment of a Commissioner must be expressed to be for a specified
30period of not less than two years and not more than five years.

9 A Commissioner whose period of membership has expired may be
reappointed.

10 A Commissioner may resign by giving notice in writing to the Secretary of
State.

11 35The Secretary of State may dismiss a Commissioner who is, in the opinion of
the Secretary of State, unable, unfit or unwilling to perform their functions.

12 Paragraphs 3 and 5 to 11 do not apply to the chief executive of the CCCA.

Chairperson

13 The Secretary of State must appoint—

(a) 40a Commissioner as Chairperson; and

(b) one or more Commissioners as deputy Chairperson or Chairpersons.

14 The Chairperson must—

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(a) preside over meetings of the CCCA;

(b) perform such functions as may be specified in the terms of their
appointment; and

(c) perform such other functions as may be assigned to them by the
5CCCA.

15 A deputy Chairperson—

(a) may act for the Chairperson when they are unavailable, and

(b) must perform—

(i) such functions as may be specified in the terms of their
10appointment; and

(ii) such other functions as the Chairperson may delegate or
assign to them.

16 The Chairperson or a deputy Chairperson—

(a) must vacate office if they cease to be a Commissioner;

(b) 15may resign by giving notice in writing to the Secretary of State; and

(c) otherwise must hold and vacate office in accordance with the terms
of their appointment (and may be reappointed at a later date).

17 If the Chairperson resigns they cease to be a Commissioner (but they may be
reappointed as a Commissioner at a later date).

18 20The chief executive may not be appointed Chairperson or deputy
Chairperson.

19 The CCCA may regulate its own proceedings (subject to this Schedule).

20 The CCCA must determine a quorum for its meetings.

21 At least five Commissioners must participate in the process by which a
25determination under paragraph 20 is made.

Staff

22 The CCCA—

(a) must appoint a chief executive; and

(b) may appoint other staff.

30Committees

23 The CCCA may establish one or more committees, to be known as advisory
committees, to advise the CCCA.

24 An advisory committee may include any of the following—

(a) Commissioners;

(b) 35staff;

(c) other non-Commissioners.

25 The CCCA may establish one or more committees to whom the CCCA may
delegate functions, to be known as decision-making committees.

26 A decision-making committee may include any of the following—

(a) 40Commissioners;

(b) staff;

(c) other non-Commissioners.

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27 The CCCA must ensure that the Chairperson of each decision-making
committee is a Commissioner.

28 In allocating its resources the CCCA must consider the duty of each
decision-making committee to exercise their functions.

29 5A member of a committee must hold and vacate office in accordance with
the terms of their appointment by the CCCA, which may include provision
for dismissal.

30 The CCCA—

(a) may, to any extent, regulate the proceedings of a committee and
10may, in particular, determine a quorum for meetings;

(b) may, to any extent, permit a committee to regulate its own
proceedings and may, in particular, enable a committee to determine
a quorum for meetings; and

(c) may dissolve a committee.

15Annual Report

31 The CCCA must for each financial year prepare a report on the performance
of its functions in that year, to be known as its annual report.

32 An annual report must, in particular, evaluate the CCCA’s performance of
its functions.

33 20The CCCA must send each annual report to the Secretary of State within the
period of six months, beginning with the end of the financial year to which
the report relates.

34 A copy of each annual report received under paragraph 33 must be laid
before both Houses of Parliament by the Secretary of State.

25Money

35 The Secretary of State may pay to the Chairperson, any deputy Chairperson
and each Commissioner—

(a) such remuneration as the Secretary of State may determine; and

(b) such travelling and other allowances as the Secretary of State may
30determine.

36 The CCCA may pay to, or in respect of the Chairperson, any deputy
Chairperson and each other Commissioner, such sums as the Secretary of
State may determine by way of, or in respect of, pensions, allowances or
gratuities.

37 35The Secretary of State may make grants to the CCCA of such amount and
subject to such conditions as the Secretary of State thinks fit.

Status

38 The CCCA must not—

(a) be regarded as the servant or agent of the Crown; or

(b) 40enjoy any status, immunity or privilege of the Crown.

39 Service as Commissioner or employee of the CCCA is not employment in the
civil service of the State.

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Freedom of information

40 In Part VI of Schedule 1 to the Freedom of Information Act 2000 (c. 36)
(public bodies) after “The Children’s Commissioner for Wales” insert “The
Citizens’ Commission for Clean Air”.