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Climate Change Bill [HL]


Climate Change Bill [HL]
Part 6 — General supplementary provisions

39

 

83      

Affirmative and negative resolution procedure

(1)   

Where orders or regulations under this Act are subject to “affirmative

resolution procedure” the order or regulations must not be made unless a draft

of the statutory instrument containing them has been laid before and approved

by a resolution of each House of Parliament.

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(2)   

Where orders or regulations under this Act are subject to “negative resolution

procedure” the statutory instrument containing the order or regulations is

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

Parliament.

(3)   

Any provision that may be made by an order or regulations under this Act

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subject to negative resolution procedure may be made by an order or

regulations subject to affirmative resolution procedure.

(4)   

This section does not apply to regulations under Part 3 (trading schemes) (but

see Schedule 3).

Interpretation

15

84      

Meaning of “greenhouse gas”

(1)   

In this Act “greenhouse gas” means any of the following—

(a)   

carbon dioxide (CO2),

(b)   

methane (CH4),

(c)   

nitrous oxide (N2O),

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(d)   

hydrofluorocarbons (HFCs),

(e)   

perfluorocarbons (PFCs),

(f)   

sulphur hexafluoride (SF6).

(2)   

The Secretary of State may by order amend the definition of “greenhouse gas”

in subsection (1) to add to the gases listed in that definition.

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(3)   

That power may only be exercised if it appears to the Secretary of State that an

agreement or arrangement at European or international level recognises that

the gas to be added contributes to climate change.

(4)   

An order under this section is subject to negative resolution procedure.

85      

Measurement of emissions etc by reference to carbon dioxide equivalent

30

(1)   

For the purposes of this Act greenhouse gas emissions, reductions of such

emissions and removals of greenhouse gas from the atmosphere shall be

measured or calculated in tonnes of carbon dioxide equivalent.

(2)   

A “tonne of carbon dioxide equivalent” means one metric tonne of carbon

dioxide or an amount of any other greenhouse gas with an equivalent global

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warming potential (calculated consistently with international carbon reporting

practice).

86      

Meaning of “international carbon reporting practice”

(1)   

In this Act “international carbon reporting practice” means accepted practice in

relation to reporting for the purposes of the protocols to the United Nations

40

Framework Convention on Climate Change or such other agreements or

 
 

Climate Change Bill [HL]
Part 6 — General supplementary provisions

40

 

arrangements at European or international level as the Secretary of State may

specify by order.

(2)   

An order under this section is subject to negative resolution procedure.

87      

Meaning of “national authority”

(1)   

In this Act “national authority” means any of the following—

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(a)   

the Secretary of State;

(b)   

the Scottish Ministers;

(c)   

the Welsh Ministers;

(d)   

the relevant Northern Ireland department.

(2)   

Functions conferred or imposed by this Act on “the national authorities” are to

10

be exercised by all of them jointly.

88      

Meaning of “relevant Northern Ireland department”

(1)   

In this Act “the relevant Northern Ireland department”, in relation to a matter

or provision, means the Northern Ireland department responsible for the

matter or, as the case may be, for the matters to which the provision relates.

15

(2)   

If more than one department is responsible, the reference is to all of them.

(3)   

Any question as to the Northern Ireland department responsible for a matter is

to be determined by the Department of Finance and Personnel in Northern

Ireland.

89      

Minor definitions

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In this Act—

“devolved legislature” means—

(a)   

the Scottish Parliament,

(b)   

the National Assembly for Wales, or

(c)   

the Northern Ireland Assembly;

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“emissions”, in relation to a greenhouse gas, means emissions of that gas

into the atmosphere that are attributable to human activity;

“enactment” includes—

(a)   

an enactment contained in subordinate legislation within the

meaning of the Interpretation Act 1978 (c. 30),

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(b)   

an enactment contained in, or in an instrument made under, an

Act of the Scottish Parliament,

(c)   

an enactment contained in, or in an instrument made under,

Northern Ireland legislation, and

(d)   

an enactment contained in, or in an instrument made under, a

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Measure or Act of the National Assembly for Wales;

“European law” means—

(a)   

all the rights, powers, liabilities, obligations and restrictions

from time to time created or arising by or under the Community

Treaties, and

40

(b)   

all the remedies and procedures from time to time provided for

by or under the Community Treaties,

and “European policy” has a corresponding meaning;

 
 

Climate Change Bill [HL]
Part 6 — General supplementary provisions

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“primary legislation” means—

(a)   

an Act of Parliament,

(b)   

an Act of the Scottish Parliament,

(c)   

a Measure or Act of the National Assembly for Wales, or

(d)   

Northern Ireland legislation.

5

90      

Index of defined expressions

In this Act the following expressions are defined or otherwise explained by the

provisions indicated—

 

“the 1990 baseline” (in Parts 1

section 2(2)

 
 

and 2)

  

10

 

“administrator” (in Part 3)

section 54

 
 

“affirmative resolution

section 83(1)

 
 

procedure” (except in Part 3)

  
 

“annual equivalent”, in relation

section 6(2)

 
 

to the carbon budget for a period

  

15

 

(in Parts 1 and 2)

  
 

“budgetary periods” (in Parts 1

section 5(1)

 
 

and 2)

  
 

“carbon budget” (in Parts 1 and

section 5(1)

 
 

2)

  

20

 

“carbon unit” (in Parts 1 and 2)

section 26(1)

 
 

“the chair” (in Schedule 1)

paragraph 1(1) of Schedule

 
  

1

 
 

“the Committee” (in Part 2)

section 32

 
 

“Counsel General” (in sections 59

section 68(8)

 

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to 68)

  
 

“the deputy chair” (in Schedule

paragraph 2 of Schedule 1

 
 

1)

  
 

“devolved authority” (in sections

section 68(3)

 
 

59 to 68)

  

30

 

“devolved functions”, in relation

section 68(4) and (5)

 
 

to a reporting authority (in

  
 

sections 59 to 67)

  
 

“devolved legislature”

section 89

 
 

“devolved Welsh functions”, in

section 68(6) and (7)

 

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relation to a reporting authority

  
 

(in sections 59 to 67)

  
 
 

Climate Change Bill [HL]
Part 6 — General supplementary provisions

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“electricity distributor” (in

paragraph 2(3) of Schedule

 
 

Schedule 4)

4

 
 

“electricity supplier” (in

paragraph 2(2) of Schedule

 
 

Schedule 4)

4

 
 

“emissions”

section 89

 

5

 

“enactment”

section 89

 
 

“environmental authority” (in

paragraph 1(2) of Schedule

 
 

Schedule 4)

4

 
 

“European law”

section 89

 
 

“European policy”

section 89

 

10

 

“financial year” (in Schedule 1)

paragraph 23 of Schedule 1

 
 

“greenhouse gas”

section 84

 
 

“international carbon reporting

section 86

 
 

practice”

  
 

“Minister of the Crown” (in

section 68(8)

 

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sections 59 to 68)

  
 

“national authority”

section 87

 
 

“negative resolution procedure”

section 83(2)

 
 

(except in Part 3)

  
 

“net UK carbon account” (in

section 27(1)

 

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Parts 1 and 2)

  
 

“net UK emissions” for a period,

section 29(1)

 
 

in relation to a greenhouse gas

  
 

(in Parts 1 and 2)

  
 

“participant” (in Part 3)

section 54

 

25

 

“potential participant” (in

paragraph 3(2) of Schedule

 
 

Schedule 4)

4

 
 

“primary legislation”

section 89

 
 

“the relevant national authority”

section 46

 
 

(in Part 3)

  

30

 

“the relevant Northern Ireland

section 88

 
 

department”

  
 

“reporting authority” (in sections

section 68(1) and (2)

 
 

59 to 68)

  
 

“targeted greenhouse gas” (in

section 23(1)

 

35

 

Parts 1 and 2)

  
 

“trading period” (in Part 3)

section 54

 
 
 

Climate Change Bill [HL]
Part 6 — General supplementary provisions

43

 
 

“trading scheme”

section 43(2)

 
 

“UK emissions”, in relation to a

section 29(1)

 
 

greenhouse gas (in Part 1)

  
 

“UK removals”, in relation to a

section 29(1)

 
 

greenhouse gas (in Part 1)

  

5

 

“Wales” (in sections 59 to 68)

section 68(8)

 
 

“the waste reduction provisions”

section 69(3)

 
 

(in sections 70 to 73)

  
 

Final provisions

91      

Extent

10

(1)   

This Act, apart from the provisions listed in subsection (2), extends to the

whole of the United Kingdom.

(2)   

The following provisions of this Act extend to England and Wales only—

(a)   

sections 69 to 73 and Schedule 5 (waste reduction schemes);

(b)   

section 76 (climate change measures reports in Wales);

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(c)   

section 79 (fines for offences relating to pollution).

92      

Commencement

(1)   

Part 1 (carbon target and budgeting) and this Part come into force on the day

this Act is passed.

(2)   

Part 2 (the Committee on Climate Change) comes into force on such day as may

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be appointed by order made by the Secretary of State.

(3)   

Section 69(1) and Schedule 5 (waste reduction schemes) come into force in

accordance with sections 70 to 73.

(4)   

Section 76 (climate change measures reports in Wales) comes into force on such

day as may be appointed by order made by the Welsh Ministers.

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(5)   

Section 77 (repeal of previous reporting obligation) comes into force on 1st

January 2009.

(6)   

The other provisions of this Act come into force at the end of two months

beginning with the day it is passed.

93      

Short title

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(1)   

The short title of this Act is the Climate Change Act 2008.

(2)   

Nothing in this Act shall impose any charge on the people or on public

funds, or vary the amount or incidence of or otherwise alter any such charge

in any manner, or affect the assessment, levying, administration or

application of any money raised by any such charge.

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