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Waste and Emissions Trading Bill [HL]


Waste and Emissions Trading Bill [HL]
Part 2 — Trading of emissions quotas

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     (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—

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           (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—

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           (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

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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—

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                    (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—

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                           (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).”

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 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.

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     (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;

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Waste and Emissions Trading Bill [HL]
Part 3 — General

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                    “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

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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—

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           (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

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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.

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     (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

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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.

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     (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)).

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 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.

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     (4)    Section 20 extends only to Northern Ireland.

 

 

Waste and Emissions Trading Bill [HL]
Part 3 — General

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     (5)    Section 34 extends only to England and Wales, and Scotland.

 38    Short title

This Act may be cited as the Waste and Emissions Trading Act 2003.

 

 

 
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