Climate Change Bill [HL]

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Climate Change Bill [HL]

Climate Change Bill [HL]
Schedule 1 — The Committee on Climate Change
44

Schedules
Schedule 1
Section 32

The Committee on Climate Change
Membership
1     (1)
The Committee shall consist of—
5
(a)
a person appointed by the national authorities to chair the
Committee (“the chair”), and
(b)
not less than five and not more than eight other members appointed
by the national authorities.
      (2)
The national authorities must consult the chair before appointing the other
10
members.
      (3)
In appointing a member, the national authorities must have regard to the
desirability of securing that the Committee (taken as a whole) has experience
in or knowledge of the following—
(a)
business competitiveness;
15
(b)
climate change policy at national and international level, and in
particular the social impacts of such policy;
(c)
climate science, and other branches of environmental science;
(d)
differences in circumstances between England, Wales, Scotland and
Northern Ireland and the capacity of national authorities to take
20
action in relation to climate change;
(e)
economic analysis and forecasting;
(f)
emissions trading;
(g)
energy production and supply;
(h)
financial investment;
25
(i)
technology development and diffusion.
      (4)
The Secretary of State may by order amend sub-paragraph (1)(b) so as to
alter the minimum or maximum number of members of the Committee.
      (5)
Such an order may only be made with the consent of the other national
authorities.
30
      (6)
Any such order is subject to negative resolution procedure.
2
The national authorities may, after consulting the chair, appoint one of the
members as deputy to the chair (“the deputy chair”).
Term of office
3
A member holds and vacates office in accordance with the terms of the
35
member’s appointment.

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Schedule 1 — The Committee on Climate Change
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4
A member may resign by giving written notice to the Secretary of State.
5
The national authorities may remove a member—
(a)
who has been absent from meetings of the Committee without its
permission for a period of 6 months or more,
(b)
who has become bankrupt or has made an arrangement with
5
creditors,
(c)
whose estate has been sequestrated in Scotland or who, under Scots
law, has made a composition or arrangement with, or granted a trust
deed for, creditors, or
(d)
who in the opinion of the national authorities is otherwise unable or
10
unfit to carry out the duties of that member.
6
A person ceases to be the chair or the deputy chair if the person—
(a)
resigns that office by giving written notice to the Secretary of State, or
(b)
ceases to be a member.
7
A person who—
15
(a)
ceases to be a member, or
(b)
ceases to be the chair or the deputy chair,

may be reappointed to that office.
Remuneration and pensions etc
8
The Committee may pay to the members such remuneration and allowances
20
as the national authorities may determine.
9
The Committee must, if required to do so by the national authorities—
(a)
pay such pensions, gratuities or allowances as the national
authorities may determine to or in respect of any person who is or
has been a member, or
25
(b)
pay such sums as the national authorities may determine towards
provision for the payment of pensions, gratuities or allowances to or
in respect of such a person.
10
If the national authorities consider there are special circumstances which
make it right for a person who has ceased to be a member to receive
30
compensation, the Committee must pay the person such compensation as
the national authorities may determine.
Staff
11    (1)
The Committee must appoint a person to be chief executive, but may only
appoint a person who has been approved by the national authorities.
35
      (2)
The chief executive is an employee of the Committee.
12
The Committee may appoint other employees.
13
The Committee must, if required to do so by the national authorities—
(a)
pay such pensions, gratuities or allowances as the national
authorities may determine to or in respect of any employee or former
40
employee, or
(b)
pay such sums as the national authorities may determine towards
provision for the payment of pensions, gratuities or allowances to or
in respect of any employee or former employee.

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Schedule 1 — The Committee on Climate Change
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14    (1)
In Schedule 1 to the Superannuation Act 1972 (c. 11) (kinds of employment
to which section 1 of that Act applies), in the list of other bodies, at the
appropriate place insert—
“The Committee on Climate Change.”
      (2)
The Committee must pay to the Minister for the Civil Service, at such times
5
as the Minister may direct, such sums as the Minister may determine in
respect of any increase attributable to sub-paragraph (1) in the sums payable
out of money provided by Parliament under the Superannuation Act 1972.
Sub-committees
15    (1)
The Committee may establish sub-committees.
10
      (2)
A sub-committee may include persons who are not members of the
Committee.
      (3)
The Committee may pay such remuneration and allowances as the national
authorities may determine to any person who—
(a)
is a member of a sub-committee, but
15
(b)
is not a member of the Committee.
The Climate Change Adaptation Sub-Committee
16    (1)
The Committee must establish a sub-committee to be known as the Climate
Change Adaptation Sub-Committee (referred to in this Part as “the
Adaptation Sub-Committee”).
20
      (2)
The Adaptation Sub-Committee shall be chaired by a member of the
Committee on Climate Change and shall otherwise consist of persons who
are not members of the Committee.
      (3)
In appointing a member of the Adaptation Sub-Committee, the Secretary of
State must have regard to the desirability of securing that the Adaptation
25
Sub-Committee (taken as a whole) has expert experience in or knowledge of
the following—
(a)
climate change science and other branches of environmental science;
(b)
contingency planning;
(c)
ecology and biodiversity;
30
(d)
economics;
(e)
flood risk;
(f)
infrastructure asset management;
(g)
public health;
(h)
risk management;
35
(i)
international development; and
(j)
any other significant adaptations required to address the risks
identified in the most recent report under section 55.
Proceedings
17
The Committee may regulate—
40
(a)
its own procedure (including quorum), and
(b)
the procedure of any sub-committee (including quorum).

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18
The validity of anything done by the Committee or any sub-committee is not
affected by—
(a)
any vacancy in the membership of the Committee or sub-committee,
or
(b)
any defect in the appointment of any member of the Committee or
5
sub-committee.
19
The Committee must publish the minutes of its meetings in such manner as
it considers appropriate.
Discharge of functions
20
The Committee may authorise a sub-committee, member or employee to
10
exercise any of the Committee’s functions.
Application of seal and proof of documents
21    (1)
The application of the Committee’s seal must be authenticated by the
signature of—
(a)
a member of the Committee who is authorised (generally or
15
specially) for that purpose, or
(b)
an employee who is so authorised.
      (2)
A document purporting to be duly executed under the seal of the Committee
or to be signed on behalf of the Committee shall be received in evidence and
treated as so executed or signed unless the contrary is shown.
20
      (3)
This paragraph does not apply in relation to Scotland.
Reports and accounts
22    (1)
For each financial year the Committee must—
(a)
prepare an annual report on the discharge of its functions during the
year, and
25
(b)
send a copy to the national authorities within such period as the
national authorities may direct.
      (2)
A copy of each report received under this paragraph must be laid—
(a)
by the Secretary of State before Parliament,
(b)
by the Scottish Ministers before the Scottish Parliament,
30
(c)
by the Welsh Ministers before the National Assembly for Wales, and
(d)
by the relevant Northern Ireland department before the Northern
Ireland Assembly.
23
In this Schedule “financial year” means—
(a)
the period beginning with the day the Committee is established and
35
ending with the next 31st March, and
(b)
each subsequent period of 12 months ending with 31st March.
24    (1)
The Committee must keep proper accounts and proper records in relation to
the accounts.
      (2)
For each financial year the Committee must—
40
(a)
prepare a statement of accounts in respect of that financial year, and

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Schedule 1 — The Committee on Climate Change
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(b)
send a copy of the statement to the national authorities and the
Comptroller and Auditor General within such period as the national
authorities direct.
      (3)
The statement must be in such form as the national authorities may direct.
      (4)
The Comptroller and Auditor General must—
5
(a)
examine, certify and report on the statement, and
(b)
send a copy of the certified statement and the report to the national
authorities as soon as possible.
      (5)
A copy of each statement received under sub-paragraph (4) must be laid—
(a)
by the Secretary of State before Parliament,
10
(b)
by the Scottish Ministers before the Scottish Parliament,
(c)
by the Welsh Ministers before the National Assembly for Wales, and
(d)
by the relevant Northern Ireland department before the Northern
Ireland Assembly.
Information
15
25    (1)
The Committee must provide the national authorities with such information
as they may request about its property.
      (2)
The Committee must provide the Secretary of State with such information as
the Secretary of State may request about the exercise or proposed exercise of
its functions under—
20
(a)
Part 1 (carbon target and budgeting),
(b)
section 33 (advice on level of 2050 target),
(c)
section 34 (advice in connection with carbon budgets), or
(d)
section 35 (reports on progress).
      (3)
The Committee must provide a national authority with such information as
25
the national authority may request about the exercise or proposed exercise
of the Committee’s functions under—
(a)
section 37 (duty to provide advice or assistance on request), or
(b)
section 47 (advice on trading scheme regulations),

in relation to that national authority.
30

If the information relates to the exercise or proposed exercise of those
functions in relation to two or more national authorities, the request must be
made by all of them jointly.
      (4)
The Committee must provide the national authorities with such information
as they may request about the exercise or proposed exercise of any of its
35
other functions.
      (5)
The Committee must also—
(a)
permit any person authorised by a national authority to inspect and
make copies of any accounts or other documents of the Committee,
and
40
(b)
provide such explanation of them as that person or the national
authority may require.
      (6)
Before exercising a function under sub-paragraph (5), the national authority
must consult the other national authorities.

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Schedule 1 — The Committee on Climate Change
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Publication of advice etc
26
A requirement under this Act for the Committee to publish anything does
not oblige it to publish—
(a)
information it could refuse to disclose in response to a request
under—
5
(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.
Status
10
27    (1)
The Committee is not to be regarded as the servant or agent of the Crown or
as enjoying any status, privilege or immunity of the Crown.
      (2)
The Committee is to be treated as a cross-border public authority within the
meaning of the Scotland Act 1998 (c. 46) for the purposes of the following
provisions of that Act—
15
(a)
section 23(2)(b) (power of Scottish Parliament to require persons
outside Scotland to attend to give evidence or produce documents);
(b)
section 70(6) (legislation of Scottish Parliament not to require certain
cross-border public authorities to prepare accounts).
Public Records Act 1958 (c. 51)
20
28
In Schedule 1 to the Public Records Act 1958 (definition of public records),
in Part 2 of the Table at the end of paragraph 3, at the appropriate place
insert—
“The Committee on Climate Change.”
Parliamentary Commissioner Act 1967 (c. 13)
25
29
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc
subject to investigation)—
(a)
at the appropriate place insert—
“The Committee on Climate Change.”, and
(b)
in the notes at the appropriate place insert—
30

“Committee on Climate Change

In the case of the Committee on Climate Change, no
investigation is to be conducted in respect of any action
taken by or on behalf of the Committee—
(a)
in the exercise in or as regards Scotland of any
35
function to the extent that the function is
exercisable within devolved competence (within
the meaning of section 54 of the Scotland Act 1998),
or
(b)
in connection with functions of the Committee in
40
relation to Wales (within the meaning of the
Government of Wales Act 2006).”

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House of Commons Disqualification Act 1975 (c. 24)
30
In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975
(bodies of which all members are disqualified), at the appropriate place
insert—
“The Committee on Climate Change.”
5
Northern Ireland Assembly Disqualification Act 1975 (c. 25)
31
In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification
Act 1975 (bodies of which all members are disqualified), at the appropriate
place insert—
“The Committee on Climate Change.”
10
Race Relations Act 1976 (c. 74)
32
In Part 2 of Schedule 1A to the Race Relations Act 1976 (bodies and other
persons subject to general statutory duty), at the appropriate place insert—
“The Committee on Climate Change.”
Freedom of Information Act 2000 (c. 36)
15
33
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public
bodies and offices which are public authorities), at the appropriate place
insert—
“The Committee on Climate Change.”
Scottish Public Services Ombudsman Act 2002 (asp   11)
20
34    (1)
The Scottish Public Services Ombudsman Act 2002 is amended as follows.
      (2)
In section 7 (matters which may be investigated: restrictions), after
subsection (6B) insert—
“(6C)
The Ombudsman must not investigate action taken by or on behalf
of the Committee on Climate Change in the exercise in or as regards
25
Scotland of any function to the extent that the function is not
exercisable within devolved competence (within the meaning of
section 54 of the Scotland Act 1998).”
      (3)
In Schedule 2 (persons liable to investigation), after paragraph 91A insert—
“91B
The Committee on Climate Change.”
30
Public Services Ombudsman (Wales) Act 2005 (c. 10)
35
In Schedule 3 to the Public Services Ombudsman (Wales) Act 2005 (listed
authorities), after the heading “Environment” insert—
“The Committee on Climate Change.”