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Renewable transport fuel obligations |
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74 | Renewable transport fuel obligations |
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Schedule 6 contains amendments to the provisions of the Energy Act 2004 |
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(c. 20) relating to renewable transport fuel obligations. |
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75 | Report on climate change: Wales |
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(1) | It is the duty of the Welsh Ministers to lay before the National Assembly for |
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Wales from time to time a report on— |
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(a) | the objectives of the Welsh Ministers in relation to greenhouse gas |
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emissions and the impact of climate change in Wales, |
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(b) | the action that has been taken by the Welsh Ministers and others to deal |
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with such emissions and that impact, and |
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(c) | the future priorities for the Welsh Ministers and others for dealing with |
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such emissions and that impact. |
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(2) | The report must, in particular, set out how the Welsh Ministers intend to |
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exercise the power to give directions under section 65 (directions to reporting |
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authorities to prepare adaptation reports). |
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(3) | Nothing in a report under this section affects the exercise of the Welsh |
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Ministers’ power under that section. |
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(4) | The second and each subsequent report under this section must contain an |
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assessment of the progress made towards implementing the objectives |
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mentioned in the earlier reports. |
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(5) | In this section “Wales” has the same meaning as in the Government of Wales |
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76 | Climate change measures reports in Wales |
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(1) | The Climate Change and Sustainable Energy Act 2006 (c. 19) is amended as |
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(2) | After section 3 insert— |
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“3A | Local authorities in Wales to have regard to climate change measures |
| |
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(1) | The Welsh Ministers must from time to time publish a climate change |
| |
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(2) | A local authority in Wales must, in exercising its functions, have regard |
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to any current climate change measures report. |
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(3) | A “climate change measures report” means a report containing |
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information about the local authority measures the Welsh Ministers |
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consider would or might have any of the following effects— |
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(a) | improving efficiency in the use of any description or source of |
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|
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(b) | increasing the amount of energy generated, or heat produced, |
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(c) | increasing the amount of energy generated, or heat produced, |
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by plant that relies wholly or mainly on a source of energy or a |
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technology listed in section 26(2); |
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(d) | reducing emissions of greenhouse gases; |
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(e) | reducing the number of households in which one or more |
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persons are living in fuel poverty; |
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(f) | addressing the impact of climate change. |
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(4) | Before publishing a climate change measures report, the Welsh |
| 10 |
Ministers must consult such representatives of local government, and |
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such other persons, as the Welsh Ministers consider appropriate. |
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(5) | The Secretary of State’s consent is required to the publication in a |
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climate change measures report of information about a local authority |
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measure to which subsection (6) applies. |
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(6) | This subsection applies to a local authority measure if the Secretary of |
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State has a function in relation to the measure of— |
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(a) | making subordinate legislation, |
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(b) | issuing guidance or directions, or |
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(c) | making determinations or hearing appeals, |
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| and that function is exercisable in relation to Wales. |
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“local authority” means any of the following— |
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(b) | a county borough council; |
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“local authority measure” means anything a local authority in |
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Wales may do in the exercise of its functions (including |
| |
deciding not to exercise a power).”. |
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(3) | In section 3 of that Act (local authorities to have regard to information on |
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energy in exercising functions)— |
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(a) | for the heading substitute “Local authorities in England to have regard |
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to energy measures reports”, |
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(b) | in subsection (2), after “local authority” insert “in England”, |
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(c) | in subsection (4), in the definition of “local authority measure”, for “a |
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local authority” substitute “a local authority in England”, |
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(d) | in subsection (5) omit “the National Assembly for Wales and”, and |
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(e) | in subsection (6) omit paragraphs (b) and (h). |
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77 | Repeal of previous reporting obligation |
| |
Section 2 of the Climate Change and Sustainable Energy Act 2006 (c. 19) |
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(annual report on greenhouse gas emissions) is repealed. |
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78 | Power of Ministers and departments to offset greenhouse gas emissions |
| |
(1) | An authority to which this section applies may acquire units representing— |
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(a) | a reduction in an amount of greenhouse gas emissions, |
| |
| |
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|
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(b) | the removal of an amount of greenhouse gas from the atmosphere, or |
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(c) | an amount of greenhouse gas emissions allowed under a scheme or |
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arrangement imposing a limit on such emissions. |
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(2) | This section applies to— |
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(a) | any Minister of the Crown or government department; |
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(b) | the Scottish Ministers; |
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(d) | any Northern Ireland department. |
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79 | Fines for offences relating to pollution |
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(1) | In section 105(2) of the Clean Neighbourhoods and Environment Act 2005 |
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(c. 16) (which postpones the increase by subsection (1)(b) in maximum fines |
| |
under regulations under the Pollution Prevention and Control Act 1999 (c. 24) |
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pending the commencement of section 154(1) of the Criminal Justice Act 2003 |
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(c. 44)), for “Subsection (1)” substitute “Subsection (1)(a)”. |
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(2) | Regulation 39(2)(a) of the Environmental Permitting (England and Wales) |
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Regulations 2007 (S.I. 2007/3538) (maximum fine on summary conviction of an |
| |
offence committed before the commencement of section 154(1) of the Criminal |
| |
Justice Act 2003) is revoked. |
| |
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General supplementary provisions |
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| |
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(1) | The Secretary of State may issue, or cause to be issued by an authorised body, |
| |
guidance regarding the information concerning a company’s greenhouse gas |
| |
emissions which should be publicly disclosed by such a company as part of its |
| 25 |
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(2) | The guidance may relate to the appropriate content and form of such |
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disclosures or any matter necessary to promote the provision of transparent |
| |
and comparable data regarding the greenhouse gas emissions of companies. |
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(3) | The guidance issued under this section may distinguish between different |
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categories of company according to criteria to be determined by the Secretary |
| |
of State, such as turnover or market share or number of employees or any other |
| |
criteria he or she deems relevant, and may contain different standards for each |
| |
category of company in respect of the content and form of the disclosures or |
| |
other matters referred to in subsection (2) above. |
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(4) | Any company which is required to produce a business review under the |
| |
Companies Act 2006 (c. 46) must report on greenhouse gas emissions having |
| |
regard to any guidance given under this section, and the Secretary of State may |
| |
provide that compliance with any such guidance will be presumed to |
| |
constitute compliance with section 417 of that Act (contents of directors’ |
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report: business review) in respect of reporting on such emissions. |
| |
| |
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|
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(5) | The power to give guidance under this section includes the power to vary or |
| |
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Territorial scope of provisions relating to greenhouse gas emissions |
| |
81 | Territorial scope of provisions relating to greenhouse gas emissions |
| |
(1) | The provisions of this Act relating to emissions of greenhouse gases apply to |
| 5 |
emissions from sources or other matters occurring in, above or below— |
| |
(a) | UK coastal waters, or |
| |
(b) | the UK sector of the continental shelf, |
| |
| as they apply to emissions from sources or matters occurring in the United |
| |
| 10 |
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“UK coastal waters” means areas landward of the seaward limit of the |
| |
territorial sea adjacent to the United Kingdom; |
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“the UK sector of the continental shelf” means the areas designated under |
| |
section 1(7) of the Continental Shelf Act 1964 (c. 29). |
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(3) | This section is subject to section 30 (emissions from international passenger |
| |
travel or imports or exports of goods not to count as emissions from UK |
| |
sources for the purposes of Part 1, except as provided by regulations). |
| |
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82 | Orders and regulations |
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(1) | Orders and regulations under this Act must be made by statutory instrument, |
| |
| |
(2) | The power of a Northern Ireland department to make regulations under Part 3 |
| |
| |
(a) | is exercisable by statutory instrument if the instrument also contains |
| 25 |
regulations under that Part made or to be made by another national |
| |
| |
(b) | otherwise, is exercisable by statutory rule for the purposes of the |
| |
Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. |
| |
| 30 |
(3) | An order or regulations under this Act may— |
| |
(a) | make different provision for different cases or circumstances, |
| |
(b) | include supplementary, incidental and consequential provision, and |
| |
(c) | make transitional provision and savings. |
| |
(4) | Any provision that may be made by order under this Act may be made by |
| 35 |
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(5) | Any provision that may be made by regulations under this Act may be made |
| |
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|
