|
|
|
|
| |
|
(3) Any
power of the Department of the Environment to make regulations under
|
|
|
this Part is exercisable by statutory
rule for the purposes of the Statutory Rules
|
|
|
(Northern Ireland) Order 1979 (S.I.
1979/1573 (N.I. 12)).
|
|
|
33 Meaning
of “waste” in Part 1
|
|
|
(1) In
this Part “waste” means anything that—
|
5
|
|
(a) is
waste for the purposes of the Waste Directive, and
|
|
|
(b) is
not excluded from the scope of that Directive by Article 2 of that
|
|
|
Directive.
|
|
|
(2) For
the purposes of this section “the Waste Directive” means Council
Directive
|
|
|
75/442/EEC as amended by—
|
10
|
|
(a) Council
Directives 91/156/EEC and 91/692/EEC, and
|
|
|
(b) Commission
Decision 96/350/EC.
|
|
|
Part 2
|
|
|
Trading of emissions quotas
|
|
|
34 Pollution
regulations: emissions trading schemes
|
15
|
|
In Schedule 1 to the Pollution Prevention
and Control Act 1999 (c. 24)
|
|
|
(purposes for which provision may be made
by regulations under section 2),
|
|
|
after paragraph 21 there is inserted—
|
|
|
“Emissions
quota trading schemes: penalties
|
|
|
21A (1) The
regulations may authorise the inclusion in a trading scheme of—
|
20
|
|
(a) provision
for penalties in respect of contraventions of
|
|
|
provisions
of the scheme;
|
|
|
(b) provision
for the amount of any penalty under the scheme to
|
|
|
be
such as may be set out in, or calculated in accordance
|
|
|
with—
|
25
|
|
(i) the
scheme, or
|
|
|
(ii) the
regulations (including regulations made after the
|
|
|
scheme).
|
|
|
(2) In
this paragraph “trading scheme” means a scheme of the kind
|
|
|
mentioned
in paragraph 1(3).”
|
30
|
|
35 Penalty
provisions of UK Greenhouse Gas Emissions Trading Scheme 2002
|
|
|
(1) If
incorporated in a participation agreement, the penalty provisions of the
|
|
|
Scheme shall have statutory effect
between the parties to the agreement.
|
|
|
(2) Subsection
(1) applies in relation to agreements entered into before, as well as
|
|
|
in relation to agreements entered into
after, this section comes into force.
|
35
|
|
(3) In
that subsection—
|
|
|
“participation
agreement” means an agreement that has the effect that a
|
|
|
person
is a participant in the Scheme;
|
|
|
“penalty
provisions” means provisions for penalties for non-compliance
|
|
|
with
the Scheme;
|
40
|
| |
|
|
|
|
|
|
|
| |
|
“the
Scheme” means the UK Greenhouse Gas Emissions Trading Scheme
|
|
|
2002
(which was made on behalf of the Secretary of State on 8th March
|
|
|
2002)
as amended from time to time (whether before or after this section
|
|
|
comes
into force).
|
|
|
Part 3
|
5
|
|
General
|
|
|
36 Commencement
|
|
|
(1) Sections
1
to 3,
17,
31
and 35
come into force on such day as the Secretary of
|
|
|
State may by order appoint.
|
|
|
(2) Sections
4,
5,
9
and 10
come into force—
|
10
|
|
(a) in
relation to England, on such day as the Secretary of State may by
|
|
|
order appoint;
|
|
|
(b) in
relation to Scotland, on such day as the Scottish Ministers may by
|
|
|
order appoint;
|
|
|
(c) in
relation to Wales, on such day as the National Assembly for Wales
|
15
|
|
may by order appoint;
|
|
|
(d) in
relation to Northern Ireland, on such day as the Department of the
|
|
|
Environment may by order appoint.
|
|
|
(3) Section
18
comes into force on such day as the Scottish Ministers may by order
|
|
|
appoint.
|
20
|
|
(4) Section
19
comes into force on such day as the National Assembly for Wales
|
|
|
may by order appoint.
|
|
|
(5) Section
20
comes into force on such day as the Department of the Environment
|
|
|
may by order appoint.
|
|
|
(6) Any
power under this section to appoint a day includes power to appoint
|
25
|
|
different days for different purposes.
|
|
|
(7) A
person who has power under this section to appoint a day for the coming
|
|
|
into force of a provision may by order
make in connection with the coming into
|
|
|
force of that provision such transitional
provision as the person considers
|
|
|
necessary or expedient.
|
30
|
|
(8) Any
power to make an order under this section is exercisable by statutory
|
|
|
instrument, subject to subsection (9).
|
|
|
(9) Any
power of the Department of the Environment to make an order under this
|
|
|
section is exercisable by statutory
rule for the purposes of the Statutory Rules
|
|
|
(Northern Ireland) Order 1979 (S.I.
1979/1573 (N.I. 12)).
|
35
|
|
37 Extent
|
|
|
(1) Subject
to the following provisions, this Act extends to England and Wales,
|
|
|
Scotland and Northern Ireland.
|
|
|
(2) Sections
17,
19
and 29
to 31
extend only to England and Wales.
|
|
|
(3) Section
18
extends only to Scotland.
|
40
|
|
(4) Section
20
extends only to Northern Ireland.
|
|
| |
|
|
|
