House of Commons portcullis
House of Commons
Session 2007 - 08
Internet Publications
Other Bills before Parliament

Climate Change Bill [HL]


Climate Change Bill [HL]
Part 4 — Impact of and adaptation to climate change

27

 

(a)   

the objectives of the department in relation to adaptation to climate

change,

(b)   

the department’s proposals and policies for meeting those objectives,

and

(c)   

the time-scales for introducing those proposals and policies,

5

   

addressing the risks identified in the most recent report under section 55.

(2)   

The objectives, proposals and policies must be such as to contribute to

sustainable development.

(3)   

The second and each subsequent programme under this section must contain

an assessment of the progress made towards implementing the objectives,

10

proposals and policies set out in earlier programmes.

(4)   

Each programme under this section must be laid before the Northern Ireland

Assembly as soon as is reasonably practicable after the laying before

Parliament of the report under section 55 to which it relates.

(5)   

The relevant Northern Ireland department must send a copy of each

15

programme under this section to the other national authorities.

Reporting authorities: non-devolved functions

59      

Guidance by Secretary of State to reporting authorities

(1)   

The Secretary of State may issue guidance to reporting authorities about—

(a)   

assessing the current and predicted impact of climate change in relation

20

to the authorities’ functions,

(b)   

preparing proposals and policies for adapting to climate change in the

exercise of their functions, and

(c)   

co-operating with other reporting authorities for that purpose.

(2)   

This section does not apply to devolved functions.

25

60      

Directions by Secretary of State to prepare reports

(1)   

The Secretary of State may direct a reporting authority to prepare a report

containing any of the following—

(a)   

an assessment of the current and predicted impact of climate change in

relation to the authority’s functions;

30

(b)   

a statement of the authority’s proposals and policies for adapting to

climate change in the exercise of its functions and the time-scales for

introducing those proposals and policies;

(c)   

an assessment of the progress made by the authority towards

implementing the proposals and policies set out in its previous reports.

35

(2)   

The Secretary of State may direct two or more reporting authorities to prepare

a joint report.

(3)   

The Secretary of State may give directions about—

(a)   

the time within which a report must be prepared, and

(b)   

its content,

40

   

and may, in particular, require it to cover a particular geographical area.

(4)   

This section does not apply to devolved functions.

 
 

Climate Change Bill [HL]
Part 4 — Impact of and adaptation to climate change

28

 

61      

Compliance with Secretary of State’s directions

(1)   

A reporting authority must comply with any directions under section 60.

(2)   

Where two or more reporting authorities are directed to prepare a joint report,

they must take reasonable steps to co-operate with each other for that purpose.

(3)   

In preparing a report, a reporting authority must have regard to the following,

5

so far as relevant—

(a)   

the most recent report under section 55 (report on impact of climate

change);

(b)   

the most recent programme under section 56 (programme for

adaptation to climate change);

10

(c)   

any guidance issued by the Secretary of State under section 59.

(4)   

If the authority—

(a)   

has functions that are exercisable in or as regards Wales, or

(b)   

has devolved Welsh functions,

   

it must also have regard, so far as relevant, to any guidance issued by the

15

Welsh Ministers under section 64 and the most recent report under section 75

(report on climate change: Wales).

(5)   

The authority must send a copy of the report to the Secretary of State.

(6)   

The Secretary of State must publish the report in such manner as the Secretary

of State considers appropriate.

20

(7)   

This does not require the Secretary of State to publish—

(a)   

information the Secretary of State could refuse to disclose in response

to a request under—

(i)   

the Freedom of Information Act 2000 (c. 36), or

(ii)   

the Environmental Information Regulations 2004 (S.I. 2004/

25

3391) or any regulations replacing those regulations;

(b)   

information whose disclosure is prohibited by any enactment.

(8)   

The authority must have regard to the report in exercising its functions other

than its devolved functions.

62      

Consent of, or consultation with, devolved authorities

30

(1)   

The Secretary of State must obtain the consent of a devolved authority before

issuing guidance under section 59 or giving a direction under section 60

relating to functions in relation to which—

(a)   

functions are exercisable jointly by that devolved authority and a

Minister of the Crown, or

35

(b)   

functions are exercisable by a Minister of the Crown only with the

agreement of that devolved authority.

(2)   

The Secretary of State must consult a devolved authority before issuing

guidance under section 59 or giving a direction under section 60 relating to

functions in relation to which—

40

(a)   

functions are exercisable by that devolved authority other than jointly

with a Minister of the Crown, or

(b)   

functions are exercisable by a Minister of the Crown only after

consultation with that devolved authority.

 
 

Climate Change Bill [HL]
Part 4 — Impact of and adaptation to climate change

29

 

63      

Report on exercise of power to give directions

(1)   

It is the duty of the Secretary of State to lay reports before Parliament setting

out how the Secretary of State intends to exercise the power under section 60

to give directions to reporting authorities.

(2)   

The reports must, in particular, identify—

5

(a)   

the circumstances in which directions are likely to be given, and

(b)   

the authorities or kinds of authority to whom the Secretary of State

considers directions should be given as a matter of priority.

(3)   

Nothing in a report under this section affects the exercise of the Secretary of

State’s power under section 60.

10

(4)   

Before laying a report under this section before Parliament the Secretary of

State must consult such persons likely to be affected by the report as the

Secretary of State considers appropriate.

(5)   

The first report under this section must be laid before Parliament no later than

12 months after this Act is passed.

15

(6)   

Subsequent reports must be laid before Parliament no later than the time when

the next programme under section 56 is so laid.

(7)   

The Secretary of State must send a copy of each report under this section to the

other national authorities.

Reporting authorities: devolved Welsh functions

20

64      

Guidance by Welsh Ministers to reporting authorities

The Welsh Ministers may issue guidance to reporting authorities about—

(a)   

assessing the current and predicted impact of climate change in relation

to the authorities’ devolved Welsh functions,

(b)   

preparing proposals and policies for adapting to climate change in the

25

exercise of those functions, and

(c)   

co-operating with other reporting authorities for that purpose.

65      

Directions by Welsh Ministers to prepare reports

(1)   

The Welsh Ministers may direct a reporting authority to prepare a report

containing any of the following—

30

(a)   

an assessment of the current and predicted impact of climate change in

relation to the authority’s devolved Welsh functions;

(b)   

a statement of the authority’s proposals and policies for adapting to

climate change in the exercise of those functions and the time-scales for

introducing those proposals and policies;

35

(c)   

an assessment of the progress made by the authority towards

implementing the proposals and policies set out in its previous reports.

(2)   

The Welsh Ministers may direct two or more reporting authorities to prepare

a joint report.

(3)   

The Welsh Ministers may give directions about—

40

(a)   

the time within which a report must be prepared, and

(b)   

its content,

 
 

Climate Change Bill [HL]
Part 4 — Impact of and adaptation to climate change

30

 

   

and may, in particular, require it to cover a particular geographical area.

66      

Compliance with Welsh Ministers’ directions

(1)   

A reporting authority must comply with any directions under section 65.

(2)   

Where two or more reporting authorities are directed to prepare a joint report,

they must take reasonable steps to co-operate with each other for that purpose.

5

(3)   

In preparing a report, a reporting authority must have regard to the following,

so far as relevant—

(a)   

the most recent report under section 55 (report on impact of climate

change);

(b)   

the most recent programme under section 56 (programme for

10

adaptation to climate change);

(c)   

any guidance issued by the Secretary of State under section 59;

(d)   

any guidance issued by the Welsh Ministers under section 64;

(e)   

the most recent report under section 75 (report on climate change:

Wales).

15

(4)   

The authority must send a copy of the report to the Welsh Ministers.

(5)   

The Welsh Ministers must publish the report in such manner as they consider

appropriate.

(6)   

This does not require the Welsh Ministers to publish—

(a)   

information they could refuse to disclose in response to a request

20

under—

(i)   

the Freedom of Information Act 2000 (c. 36), or

(ii)   

the Environmental Information Regulations 2004 (S.I. 2004/

3391) or any regulations replacing those regulations;

(b)   

information whose disclosure is prohibited by any enactment.

25

(7)   

The authority must have regard to the report in exercising its devolved Welsh

functions.

67      

Consent of, or consultation with, Secretary of State

(1)   

The Welsh Ministers must obtain the consent of the Secretary of State before

issuing guidance under section 64 or giving a direction under section 65

30

relating to functions in relation to which—

(a)   

functions are exercisable by a Minister of the Crown jointly with the

Welsh Ministers, the First Minister or the Counsel General, or

(b)   

functions are exercisable by the Welsh Ministers, the First Minister or

the Counsel General only with the agreement of a Minister of the

35

Crown.

(2)   

The Welsh Ministers must consult the Secretary of State before issuing

guidance under section 64 or giving a direction under section 65 relating to

functions in relation to which—

(a)   

functions are exercisable by a Minister of the Crown other than jointly

40

with the Welsh Ministers, the First Minister or the Counsel General, or

(b)   

functions are exercisable by the Welsh Ministers, the First Minister or

the Counsel General only after consultation with a Minister of the

Crown.

 
 

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2008
Revised 2 April 2008