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 4 — Trading schemes: powers to require information
65

this Act is subject to annulment in pursuance of a resolution of either House
of Parliament.
      (3)
An Order in Council to which this paragraph applies containing provision
that may be made by the Scottish Ministers by regulations under this Part of
this Act is subject to annulment in pursuance of a resolution of the Scottish
5
Parliament.
      (4)
An Order in Council to which this paragraph applies containing provision
that may be made by the Welsh Ministers by regulations under this Part of
this Act is subject to annulment in pursuance of a resolution of the National
Assembly for Wales.
10
      (5)
An Order in Council to which this paragraph applies containing provision
that may be made by a Northern Ireland department by regulations under
this Part of this Act is subject to negative resolution within the meaning of
section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)) as
if it were a statutory instrument within the meaning of that Act.
15
13    (1)
If in accordance with paragraph 12—
(a)
either House of Parliament resolves that an address be presented to
Her Majesty praying that an Order in Council be annulled, or
(b)
a devolved legislature resolves that an Order in Council be annulled,

nothing further is to be done under the Order in Council after the date of the
20
resolution and Her Majesty may by Order in Council revoke it.
      (2)
This is without prejudice to the validity of anything previously done under
the Order in Council or to the making of a new Order in Council.
      (3)
This paragraph applies in place of provision made by any other enactment
about the effect of such a resolution.
25
Schedule 4
Section 49

Trading schemes: powers to require information
Introductory
1     (1)
The powers conferred by this Schedule are exercisable by the following
authorities—
30
(a)
the Secretary of State;
(b)
the Scottish Ministers;
(c)
the relevant Northern Ireland department;
(d)
the Welsh Ministers;
(e)
the Environment Agency;
35
(f)
the Scottish Environment Protection Agency.
      (2)
References in this Schedule to an “environmental authority” are to any of
those authorities.

Climate Change Bill [HL]
Schedule 4 — Trading schemes: powers to require information
66

Information from electricity suppliers and distributors
2     (1)
An environmental authority may, for the purposes of enabling a trading
scheme to be established, by notice require an electricity supplier or
electricity distributor to provide any of the following information—
(a)
information about the electricity meters and metering systems for
5
which the supplier or distributor is responsible, including (in
particular) their locations and any identifying features;
(b)
information about the persons to whom electricity measured by
those meters or systems is supplied or who purchase such electricity;
(c)
information about the consumption by those persons of that
10
electricity;
(d)
any other information that the environmental authority considers
necessary for identifying the potential participants in the scheme.
      (2)
An “electricity supplier”—
(a)
in relation to England and Wales and Scotland means an authorised
15
supplier within the meaning of the Electricity Act 1989 (c. 29) (see
section 64(1) of that Act);
(b)
in relation to Northern Ireland means—
(i)
an electricity supplier within the meaning of the Electricity
(Northern Ireland) Order 1992 (S.I. 1992/231) (N.I. 1) (see
20
Article 3 of that Order), or
(ii)
a person who may supply electricity to premises without a
licence by virtue of an exemption under Article 9 of that
Order.
      (3)
An “electricity distributor”—
25
(a)
in relation to England and Wales and Scotland means an authorised
distributor within the meaning of the Electricity Act 1989 (see section
64(1) of that Act);
(b)
in relation to Northern Ireland means an electricity distributor
within the meaning of the Electricity (Northern Ireland) Order 1992
30
(see Article 3 of that Order).
      (4)
References in this Schedule to an electricity supplier or electricity distributor
include an agent of such a supplier or distributor.
Information from potential participants in a trading scheme
3     (1)
An environmental authority may, for the purposes of enabling a trading
35
scheme to be established, by notice require a potential participant in the
scheme to provide any of the following information—
(a)
information about whether the criteria specified in the notice are met
by the potential participant, either alone or together with any other
person or persons;
40
(b)
information identifying any potential co-participant;
(c)
contact details for the potential participant and any potential co-
participant;
(d)
information about the meters that measure electricity supplied to or
purchased by the potential participant or any potential co-
45
participant;
(e)
information about the consumption of electricity by the potential
participant and any potential co-participant;

Climate Change Bill [HL]
Schedule 4 — Trading schemes: powers to require information
67

(f)
information about any climate change agreement (within the
meaning of Schedule 6 to the Finance Act 2000 (c. 17)) entered into by
or on behalf of the potential participant or any potential co-
participant.
      (2)
A “potential participant”, in relation to a trading scheme, means a person
5
who the environmental authority considers—
(a)
will or may be a participant in the scheme, or
(b)
will or may fall to be treated together with any other person or
persons (a “potential co-participant”) as such a participant.
Requirements for a valid notice
10
4     (1)
A notice under this Schedule must comply with the following requirements.
      (2)
The notice must—
(a)
be in writing,
(b)
specify the information to be provided,
(c)
specify the name and address of the person to whom the information
15
is to be provided,
(d)
specify the date by which the information is to be provided, and
(e)
explain the consequences of failure to comply with the notice.
      (3)
An environmental authority must not give a notice requiring information
from a person unless—
20
(a)
the authority has previously sent the person a request in writing for
the information, and
(b)
the person has failed to provide the information within the period of
28 days beginning with the day on which the request was sent.
Failure to comply with notice etc an offence
25
5     (1)
A person who—
(a)
fails without reasonable excuse to comply with a notice under this
Schedule, or
(b)
provides information in response to such a notice that the person
knows or suspects to be false or misleading,
30

commits an offence.
      (2)
A person guilty of such an offence is liable on summary conviction to a fine
not exceeding level 5 on the standard scale.
Disclosure of information
6     (1)
This paragraph applies to information obtained by an environmental
35
authority (whether or not pursuant to a notice under this Schedule) from—
(a)
an electricity supplier or electricity distributor, or
(b)
a potential participant,

for the purposes of enabling a trading scheme to be established.
      (2)
The information may be disclosed for the purposes of or in connection with
40
the establishment, operation or enforcement of a trading scheme—
(a)
by an environmental authority to another environmental authority
or the administrator of the scheme, or

Climate Change Bill [HL]
Schedule 5 — Waste reduction schemes
Part 1 — Main provisions
68

(b)
by the administrator of the scheme to any other administrator of the
scheme or an environmental authority.
      (3)
This does not affect any other right to disclose information within sub-
paragraph (1) apart from this paragraph.
Schedule 5
5
Section 69

Waste reduction schemes
Part 1
Main provisions
1
After section 60 of the Environmental Protection Act 1990 (c. 43) insert—
“Waste reduction schemes
10
60A
Waste reduction schemes

A waste collection authority whose area is in England may make a
waste reduction scheme in accordance with Schedule 2AA to this
Act.”.
2
After Schedule 2A to that Act insert—
15
“Schedule 2AA
Waste reduction schemes
Introductory
1     (1)
The purpose of a waste reduction scheme is to provide a financial
incentive—
20
(a)
to produce less domestic waste, and
(b)
to recycle more of what is produced,

and accordingly to reduce the amount of residual domestic waste.
      (2)
A waste reduction scheme—
(a)
may cover the whole or any part of the area of a waste
25
collection authority, and
(b)
may apply to all domestic premises, to domestic premises
other than those of a specified description or to specified
descriptions of domestic premises.
Conditions for making waste reduction scheme
30
2     (1)
A waste collection authority may make a waste reduction scheme
only if—
(a)
a good recycling service is available to the occupiers of
premises to which the scheme applies,
(b)
the scheme takes account of the needs of groups who
35
might be unduly disadvantaged by it, and

Climate Change Bill [HL]
Schedule 5 — Waste reduction schemes
Part 1 — Main provisions
69

(c)
the authority has a strategy for preventing, minimising or
otherwise dealing with the unauthorised deposit or
disposal of waste.
      (2)
In sub-paragraph (1)(a) above—
(a)
a “recycling service” means arrangements for the
5
collection of recyclable domestic waste from premises
separately from other waste; and
(b)
a “good” recycling service means a recycling service that
meets the standards specified for the purposes of this
definition in guidance issued by the Secretary of State.
10
      (3)
The Secretary of State may by order amend sub-paragraphs (1)
and (2) above.
Incentive under waste reduction scheme
3     (1)
A waste reduction scheme must provide for a financial incentive
that the authority considers will be effective to achieve the
15
purpose of the scheme.
      (2)
The scheme may provide for the incentive to be provided—
(a)
by means of rebates from council tax or by other payments,
or
(b)
by means of charges under paragraph 4,
20

or by any combination of those means.
Charges in respect of residual domestic waste
4     (1)
A waste reduction scheme may include provision for charging by
reference to—
(a)
the amount of residual domestic waste collected from
25
premises,
(b)
the size of receptacles used for the purposes of the
collection of residual domestic waste from premises,
(c)
the number of receptacles used for such purposes, or
(d)
the frequency with which residual domestic waste is
30
collected from premises,

or by reference to any combination of those factors.
      (2)
The scheme may, in particular, make provision for occupiers of
premises—
(a)
to be required (by notice under section 46) to place residual
35
domestic waste for collection in receptacles of a specified
kind,
(b)
to be required (by such notice) to place such waste in
receptacles that are identified by such means as may be
specified, or
40
(c)
to be required to do both,

and for a charge to be made by the authority in respect of the
receptacles, the means of identifying them or both.

Climate Change Bill [HL]
Schedule 5 — Waste reduction schemes
Part 1 — Main provisions
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      (3)
A charge under this paragraph in respect of a receptacle is in
addition to any charge under section 46 in respect of the cost of
providing the receptacle.
      (4)
The amount of any charge under this paragraph need not be
related to the authority’s costs.
5
      (5)
The scheme may make provision as to the person or persons by
whom any charge is payable.
      (6)
The scheme may—
(a)
require any charge to be paid in advance on the basis of an
estimate of the amount that is likely to be payable in
10
respect of any premises; or
(b)
require payments in respect of any charge to be made on
account or by instalments.
Charging: supplementary provisions
5     (1)
The Secretary of State may by order set a limit on the amount of
15
the charge under paragraph 4 that may be imposed in respect of
any premises in any financial year.
      (2)
A failure to pay a charge under paragraph 4 does not affect the
authority’s duty under section 45(1)(a) (general duty to arrange
for collection of household waste).
20
      (3)
Section 45(3) (general prohibition on charging for collection of
household waste) has effect subject to paragraph 4.
Requirement of revenue neutrality
6     (1)
From year to year, and taking one year with another, the aggregate
amount of charges under a waste reduction scheme must not
25
exceed the aggregate amount of the rebates or other payments
under the scheme.
      (2)
The Secretary of State may by order amend sub-paragraph (1)
above.
      (3)
Any such order may make any amendments of paragraph 4(4) that
30
appear to the Secretary of State to be necessary or expedient in
consequence of, or in connection with, the amendment of sub-
paragraph (1) above.
Procedure for putting scheme in place
7     (1)
The authority must comply with the following requirements after
35
making a waste reduction scheme and before it is brought into
operation.
      (2)
The authority must publish the scheme in such manner as it
considers appropriate.
      (3)
The authority must send to the occupier of any premises to which
40
the scheme applies a notice setting out—

Climate Change Bill [HL]
Schedule 5 — Waste reduction schemes
Part 1 — Main provisions
71

(a)
the requirements applicable under the scheme in relation
to the collection of domestic waste from premises to which
the scheme applies;
(b)
any rebates or other payments available under the scheme
and the manner in which they are to be made; and
5
(c)
any charges provided for by the scheme and the manner in
which they are to be collected.
Appeals
8
A waste reduction scheme must contain provision enabling a
person to appeal against any decision affecting, directly or
10
indirectly, that person’s entitlement to a rebate or other payment,
or liability to pay a charge, under the scheme.
Separate account to be kept
9     (1)
A waste collection authority that operates a waste reduction
scheme must keep a separate account of—
15
(a)
any rebates or other payments under the scheme, and
(b)
any charges received by it under the scheme.
      (2)
Any person interested may at any reasonable time and without
payment inspect the account and make copies of it or any part of it.
      (3)
A person having custody of the account who intentionally
20
obstructs a person in the exercise of the rights conferred by sub-
paragraph (2) above commits an offence.
      (4)
A person guilty of such an offence is liable on summary conviction
to a fine not exceeding level 3 on the standard scale.
Contributions by waste disposal authority
25
10    (1)
Where a waste collection authority that operates a waste reduction
scheme is not also the waste disposal authority, the waste disposal
authority may pay to the collection authority contributions of such
amounts as the disposal authority may determine towards
expenditure of the collection authority attributable to the scheme.
30
      (2)
The collection authority must supply to the disposal authority,
such information as the disposal authority may reasonably require
for the purpose of determining amounts under this paragraph.
Power to make provision as to administration etc
11    (1)
The Secretary of State may by regulations make provision as to—
35
(a)
the manner in which the amount of any rebate or other
payment is to be determined, and any rebate or payment is
to be given, and
(b)
the manner in which—
(i)
the amount of any charge is to be determined, and
40
(ii)
any charge is to be collected or enforced.
      (2)
The regulations may in particular provide—