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Climate Change Bill [HL]


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

31

 

Interpretation

68      

Interpretation

(1)   

In sections 59 to 67 and this section “reporting authority” means—

(a)   

a person or body with functions of a public nature,

(b)   

a person who is or is deemed to be a statutory undertaker for the

5

purposes of any provision of—

(i)   

Part 11 of the Town and Country Planning Act 1990 (c. 8) (see

section 262 of that Act), or

(ii)   

Part 10 of the Town and Country Planning (Scotland) Act 1997

(c. 8) (see section 214 of that Act), or

10

(c)   

a person who is a statutory undertaker within the meaning of the

Planning (Northern Ireland) Order 1991 (S.I. 1991/1220 (N.I. 11)) (see

Article 2(1) of that Order).

(2)   

None of the following are reporting authorities for the purposes of those

sections and this section—

15

(a)   

a Minister of the Crown;

(b)   

either House of Parliament;

(c)   

a devolved authority;

(d)   

a devolved legislature.

(3)   

In those sections and this section “devolved authority” means—

20

(a)   

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

(b)   

the Scottish Ministers, the First Minister, the Lord Advocate or the

Solicitor General for Scotland, or

(c)   

a Minister within the meaning of the Northern Ireland Act 1998 (c. 47)

or a Northern Ireland department.

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(4)   

References in those sections to a reporting authority’s “devolved functions” are

to functions—

(a)   

conferred or imposed by or under a Measure or Act of the National

Assembly for Wales,

(b)   

exercisable in or as regards Wales and relating to matters within the

30

legislative competence of the National Assembly for Wales,

(c)   

exercisable in or as regards Scotland and relating to matters within the

legislative competence of the Scottish Parliament,

(d)   

exercisable in or as regards Northern Ireland and relating to transferred

matters within the meaning of the Northern Ireland Act 1998, or

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(e)   

in relation to which functions are exercisable by a devolved authority,

   

and in relation to which no functions are exercisable by a Minister of the

Crown.

(5)   

For this purpose functions are not to be regarded as exercisable by a Minister

of the Crown in relation to a reporting authority’s functions merely because—

40

(a)   

the Minister of the Crown may exercise functions—

(i)   

under section 2(2) of the European Communities Act 1972

(c. 68),

(ii)   

by virtue of section 57(1) or under section 58 of the Scotland Act

1998 (c. 46) (Community and international obligations),

45

(iii)   

under section 27 or 28 of the Northern Ireland Act 1998

(international etc obligations),

 
 

Climate Change Bill [HL]
Part 5 — Other provisions

32

 

(iv)   

by virtue of paragraph 5 of Schedule 3 to the Government of

Wales Act 2006 (c. 32) or under section 82 of that Act

(Community and international obligations), or

(v)   

under section 152 of that Act (intervention in case of functions

relating to water etc),

5

   

in relation to the reporting authority’s functions,

(b)   

the Minister of the Crown’s agreement is required to the exercise of a

function by a devolved authority in relation to the reporting authority’s

functions, or

(c)   

the Minister of the Crown must be consulted by a devolved authority

10

about the exercise of a function in relation to the reporting authority’s

functions.

(6)   

References in those sections to a reporting authority’s “devolved Welsh

functions” are to functions—

(a)   

conferred or imposed by or under a Measure or Act of the National

15

Assembly for Wales,

(b)   

exercisable in or as regards Wales and relating to matters within the

legislative competence of the National Assembly for Wales, or

(c)   

in relation to which functions are exercisable by the Welsh Ministers,

the First Minister or the Counsel General.

20

(7)   

For this purpose functions are not to be regarded as exercisable by the Welsh

Ministers, the First Minister or the Counsel General in relation to a reporting

authority’s functions merely because—

(a)   

the agreement of the Welsh Ministers, the First Minister or the Counsel

General is required to the exercise of a function by a Minister of the

25

Crown in relation to the reporting authority’s functions, or

(b)   

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

consulted by a Minister of the Crown about the exercise of a function in

relation to the reporting authority’s functions.

(8)   

In those sections and this section—

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(a)   

“Counsel General” and “Wales” have the same meanings as in the

Government of Wales Act 2006 (c. 32);

(b)   

“Minister of the Crown” includes a government department.

Part 5

Other provisions

35

Waste reduction schemes

69      

Waste reduction schemes

(1)   

Schedule 5 amends the Environmental Protection Act 1990 (c. 43) to provide

for the making of waste reduction schemes.

(2)   

The provisions inserted by that Schedule may only be brought into force in

40

accordance with sections 70 to 73 below.

(3)   

In those sections “the waste reduction provisions” means the provisions

inserted by that Schedule and any subordinate legislation made under those

provisions.

 
 

Climate Change Bill [HL]
Part 5 — Other provisions

33

 

70      

Waste reduction provisions: piloting

(1)   

If a waste collection authority submits to the Secretary of State proposals for a

waste reduction scheme and the proposals are approved by the Secretary of

State as suitable for piloting one or more aspects of the waste reduction

provisions—

5

(a)   

the Secretary of State may by order designate the area of that authority

as a pilot area, and

(b)   

the authority may make a scheme in accordance with the proposals.

(2)   

Not more than five areas may be so designated.

(3)   

The order designating a pilot area shall provide that the waste reduction

10

provisions have effect in relation to that area, for the purpose of enabling the

authority to make and operate the proposed scheme, for such period as may be

specified in the order.

(4)   

Any power to make subordinate legislation or issue guidance under the waste

reduction provisions—

15

(a)   

may be exercised so as to make different provision for different pilot

areas, and

(b)   

may be exercised in relation to a pilot area at the same time as an order

is made designating that area.

(5)   

If a draft of an instrument containing such subordinate legislation would, apart

20

from this subsection, be treated for the purposes of the standing orders of

either House of Parliament as a hybrid instrument, it is to proceed in that

House as if it were not such an instrument.

71      

Waste reduction provisions: report and review

(1)   

The Secretary of State shall lay before Parliament a report on the operation of

25

the waste reduction provisions in each pilot area.

(2)   

The report must contain, in respect of each pilot area to which it relates—

(a)   

a description of the scheme and of the respects in which the provision

made by it differed from that made by the schemes in other pilot areas;

(b)   

a copy of the order made by the Secretary of State under section 70;

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(c)   

a description of the respects in which the relevant enactments and

guidance applying in that area differed from that applying—

(i)   

in other pilot areas, and

(ii)   

in areas not designated as pilot areas; and

(d)   

an assessment of the scheme’s success or otherwise.

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(3)   

The report must also contain a review of the waste reduction provisions in the

light of their operation in the pilot area or areas to which the report relates.

72      

Waste reduction provisions: interim report

(1)   

If it appears to the Secretary of State that it will not be possible to lay a report

under section 71 in relation to a pilot area before the end of three years

40

beginning with the day this Act is passed, the Secretary of State must lay before

Parliament an interim report in relation to that pilot area before the end of that

period.

(2)   

The interim report must contain—

 
 

Climate Change Bill [HL]
Part 5 — Other provisions

34

 

(a)   

a description of the scheme and of the respects in which the provision

made or to be made by it differs from that made by the schemes in other

pilot areas,

(b)   

a copy of the order made by the Secretary of State under section 70; and

(c)   

a description of the respects in which the relevant enactments and

5

guidance applying in that area differ from that applying—

(i)   

in other pilot areas, and

(ii)   

in areas not designated as pilot areas.

(3)   

If the scheme has not been implemented, the interim report must contain a

description of the progress made towards its implementation.

10

(4)   

Otherwise, the interim report must contain—

(a)   

a description of the scheme’s operation, and

(b)   

an assessment of the progress made towards achieving the scheme’s

objectives, if such an assessment can reasonably be made.

73      

Waste reduction provisions: roll-out or repeal

15

(1)   

The following provisions apply after section 71 has been complied with in

relation to one or more pilot areas.

(2)   

The Secretary of State may by order—

(a)   

provide that the waste reduction provisions shall come into force

generally on such date as is specified in the order; or

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(b)   

make such amendments of the waste reduction provisions as appear to

the Secretary of State to be necessary or expedient having regard to the

operation of the provisions in the pilot areas, and provide that those

provisions as amended shall come into force generally on such date as

is specified in the order.

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(3)   

The amendments may include provision conferring power on the Secretary of

State to make subordinate legislation.

(4)   

Where the amendments include such provision, they must also include

provision—

(a)   

for a statutory instrument containing the subordinate legislation to be

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subject to annulment in pursuance of a resolution of either House of

Parliament, or

(b)   

requiring a draft of such an instrument to be laid before and approved

by resolution of each House of Parliament before the subordinate

legislation is made,

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as the Secretary of State thinks fit.

(5)   

If the Secretary of State decides not to make an order under subsection (2), the

Secretary of State must make an order repealing the waste reduction

provisions.

(6)   

Any order under subsection (2)(b) or (5) is subject to affirmative resolution

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procedure.

 
 

 
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