Further provision relating to RTF orders
Ms Secretary Hewitt
NC9
To move the following Clause:—
'(1) An RTF order may make provision about how amounts of transport fuel are to be counted or determined for the purposes of provision made by or under this Chapter.
(2) The provision that may be made by virtue of this section includes, in particular—
| (a) | provision for amounts of renewable transport fuel to count towards discharging a renewable transport fuel obligation for a period only if the fuel is of a specified description; |
| (b) | provision for amounts of renewable transport fuel of a specified description to count towards discharging such an obligation only up to a specified amount; |
| (c) | provision for such an obligation not to be treated as discharged unless a specified minimum amount of renewable transport fuel of a specified description has been counted towards its discharge; |
| (d) | provision for only such proportion of any renewable transport fuel of a specified description as is attributable to a specified substance, source of energy, method, process or other matter to count towards discharging such an obligation; |
| (e) | provision as to how that proportion is to be determined; |
| (f) | provision for an amount of renewable transport fuel of a specified description to count towards discharging such an obligation only if, or to the extent that, specified conditions are satisfied in relation to its supply, the person by or to whom it was supplied or the place at or for delivery to which it was supplied; |
| (g) | provision for evidence produced by a supplier in relation to any fuel not to count for the purposes of his renewable transport fuel obligation for a period if evidence in relation to the same fuel has previously been produced (whether by him or by another supplier); |
| (h) | provision for evidence produced by a supplier in relation to any fuel not to count for those purposes if, after the supply to which the evidence relates, the fuel is supplied by any person at or for delivery to a place outside the United Kingdom or a specified part of the United Kingdom; |
| (i) | provision about the measurement of amounts of different descriptions of transport fuel; |
| (j) | provision for units of transport fuel of a specified description to count for more or less than the same units of transport fuel of other descriptions; |
| (k) | provision about how measurements in different units of different descriptions of transport fuel are to be aggregated; |
| (l) | provision for the application of presumptions where specified matters are shown. |
(3) The provision that may be made by virtue of this section also includes, in particular, provision which—
| (a) | is made having regard to one or more of the effects mentioned in subsection (4) (whether in the United Kingdom or elsewhere); or |
| (b) | requires regard to be had to one or more such effects. |
(4) Those effects are the effects of the production, supply or use of fuel of a particular description on—
| (c) | other economic activities; |
| (d) | sustainable development; or |
| (e) | the environment generally.'. |
Renewable transport fuel certificates
Ms Secretary Hewitt
NC10
To move the following Clause:—
'(1) An RTF order may make provision for the Administrator to issue certificates to transport fuel suppliers ("RTF certificates").
(2) An RTF certificate is to certify—
| (a) | that the supplier to whom it is issued has supplied the amount of renewable transport fuel stated in the certificate; |
| (b) | that that amount of such fuel was supplied by him during the period stated in the certificate; |
| (c) | that that amount of such fuel was supplied by him during that period at or for delivery to a place in the United Kingdom or in the part of the United Kingdom stated in the certificate; and |
| (d) | the other specified facts. |
(3) Such a certificate may be issued to a supplier only if—
| (a) | he applies for it in the specified manner; |
| (b) | his application includes evidence of the specified kind and in the specified form; and |
| (c) | the other specified conditions are satisfied. |
(4) An RTF order may authorise transfers of RTF certificates (whether for a consideration or otherwise) between persons of specified descriptions.
(5) Such an order may also provide that such a transfer is not to be effective unless—
| (a) | the specified details of it have been notified to the Administrator in the specified manner and within the specified time; and |
| (b) | the other specified requirements have been complied with. |
(6) If a supplier produces an RTF certificate to the Administrator, it is to count for the purposes of section [Imposition of renewable transport fuel obligations](2) as sufficient evidence of the facts certified.
(7) An RTF order may provide that, in specified circumstances, evidence produced by virtue of subsection (6) may count to the specified extent towards the discharge of a renewable transport fuel obligation for a period even if it is produced after the time by which evidence had to be produced for the purposes of that obligation.
(8) Such an order may also provide that, in specified circumstances, evidence produced by virtue of subsection (6) may count to the specified extent towards the discharge of a renewable transport fuel obligation for a period that is later than the period stated in the certificate in question in accordance with subsection (2)(b).'.
Discharge of obligation by payment
Ms Secretary Hewitt
NC11
To move the following Clause:—
'(1) An RTF order may provide that a person who does not wholly discharge his renewable transport fuel obligation for a period by the production of evidence must pay the Administrator the specified sum within the specified period.
(2) The provision that may be made by virtue of subsection (1) includes, in particular, provision—
| (a) | for the specified sum to increase, in cases where that sum is not paid within a specified period, at the specified rate until it is paid or until the occurrence of a specified event; |
| (b) | for specified amounts to be adjusted from time to time for inflation in the specified manner; |
| (c) | for the repayment of sums in cases where provision made by virtue of section [Renewable transport fuel certificates](7) applies in relation to a person; |
| (d) | prohibiting the Administrator from taking steps to recover the specified sum or a part of that sum if specified conditions are satisfied. |
(3) Provision within subsection (2)(b) may refer, in particular, to a specified index or to other data, including any index or data as modified from time to time after the coming into force of the order.
(4) An RTF order may provide that, in a case in which the amount of payments by virtue of subsection (1) which the Administrator has received by the specified time in respect of renewable transport fuel obligations for any period falls short of the amount due in respect of that period, the persons who—
| (a) | were subject to renewable transport fuel obligations for that period, and |
| (b) | are of a specified description, |
must, within the specified period and in the specified circumstances, each make a payment (or further payment) to the Administrator of an amount calculated in the specified manner.
(5) The provision that may be made by virtue of subsection (4) includes, in particular, provision for the making of adjustments and repayments after a requirement to make payments has already arisen.
(6) An RTF order may require the Administrator to use, to the specified extent, the sums received by him by virtue of this section for the purpose of meeting costs incurred by him in carrying out his functions as the Administrator.
(7) To the extent the Administrator does not so use the sums so received, they must be paid by him to transport fuel suppliers, or to transport fuel suppliers of a specified description, in accordance with the specified system of allocation.'.
Imposition of civil penalties
Ms Secretary Hewitt
NC12
To move the following Clause:—
'(1) An RTF order may—
| (a) | designate a provision made by or under this Chapter for the purposes of this section; and |
| (b) | provide that a person is to be liable to a civil penalty if— |
| (i) | he contravenes that provision; and |
| (ii) | any other specified conditions are satisfied. |
(2) Where the Administrator is satisfied that a person (the "defaulter") is so liable, he may give a notice to the defaulter in the specified manner (a "civil penalty notice") imposing on the defaulter a penalty of such amount as the Administrator considers appropriate.
(3) That penalty must not exceed the lesser of—
| (a) | the specified amount; and |
| (b) | the amount equal to ten per cent of the turnover, as determined in the specified manner, of the specified business of the defaulter. |
(4) The civil penalty notice must—
| (a) | set out the Administrator's reasons for deciding that the defaulter is liable to a penalty; |
| (b) | state the amount of the penalty that is being imposed; |
| (c) | set out a date before which the penalty must be paid to the Administrator; |
| (d) | describe how payment may be made; |
| (e) | explain the steps that the defaulter may take if he objects to the penalty; and |
| (f) | set out and explain the powers of the Administrator to enforce the penalty. |
(5) The date for the payment of the penalty must not be less than 14 days after the giving of the civil penalty notice.
(6) A penalty imposed by virtue of this section must be paid to the Administrator—
| (a) | by the date set out in the civil penalty notice by which it is imposed; and |
| (b) | in a manner described in that notice. |
(7) Sums received by the Administrator by virtue of this section must be paid to the Secretary of State, who must pay them into the Consolidated Fund.'.
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