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 5 — Waste reduction schemes
Part 1 — Main provisions
72

(a)
for appeals against determinations or any failure to make
a determination,
(b)
for the appointment of persons or bodies to hear appeals,
and
(c)
for charges to be recoverable, if a county court so orders, as
5
if they were payable under a county court order.
      (3)
The regulations may include provision—
(a)
for integrating the administration of the scheme with the
administration of council tax, and
(b)
for that purpose modifying, to such extent as appears to
10
the Secretary of State to be necessary or expedient, any of
the enactments relating to council tax.

In paragraph (b) “modifying” includes making additions,
amendments or omissions.
      (4)
The regulations may in particular provide—
15
(a)
for including material relating to the scheme in the notice
containing the council tax demand,
(b)
for applying to questions arising under the scheme the
procedure for appeals about liability to council tax, and
(c)
for applying to any liability under the scheme the
20
procedures for the enforcement of liability for council tax.
Use of information obtained for council tax purposes
12
An authority may use for the purpose of administering a waste
reduction scheme information it has obtained for the purpose of
carrying out its functions under the enactments relating to council
25
tax.
Amendment or revocation of waste reduction scheme
13    (1)
An authority that has made a waste reduction scheme may amend
or revoke the scheme.
      (2)
After amending a scheme and before bringing the amendment
30
into operation, the authority must—
(a)
publish the amended scheme in such manner as it thinks
appropriate, and
(b)
if the amendment affects any of the matters previously
notified to occupiers, send to the occupier of any premises
35
to which the scheme applies a notice setting out the effect
of the amendment.
      (3)
The amendment or revocation of a scheme does not affect any
entitlement or liability under the scheme in respect of a period
before the amendment or revocation takes effect.
40
      (4)
The revocation of a scheme does not affect the duty of the
authority to comply with paragraph 6(1).

Climate Change Bill [HL]
Schedule 5 — Waste reduction schemes
Part 1 — Main provisions
73

Guidance
14    (1)
The Secretary of State may issue guidance to waste collection
authorities and waste disposal authorities as respects the exercise
of their functions under this Schedule.
      (2)
Any such guidance issued—
5
(a)
must be published in such manner as the Secretary of State
considers appropriate, and
(b)
may be amended or replaced by further guidance, or
revoked.
      (3)
In exercising their functions under this Schedule waste collection
10
authorities and waste disposal authorities must have regard to
any guidance in force under this paragraph.
Interpretation
15    (1)
In this Schedule—
“domestic premises” means—
15
(a)
a building or self-contained part of a building which
is used wholly for the purposes of living
accommodation,
(b)
a caravan (as defined in section 29(1) of the Caravan
Sites and Control of Development Act 1960) that
20
usually and for the time being is situated on a caravan
site (within the meaning of that Act), or
(c)
a moored vessel used wholly for the purposes of
living accommodation;
“domestic waste” means household waste from domestic
25
premises;
“enactment” includes an enactment contained in subordinate
legislation;
“recyclable waste” means waste that is capable of being
recycled;
30
“residual domestic waste” means domestic waste that is
not—
(a)
waste meeting the conditions for collection by the
authority as recyclable waste, or
(b)
waste for which a charge may be made by virtue of
35
regulations under section 45(3) (power to charge for
collection of household waste in prescribed cases);
“specified” means specified in the waste reduction scheme.
      (2)
The Secretary of State may by order amend the definition of
“domestic premises” in sub-paragraph (1).
40
      (3)
References in this Schedule to recycling include re-using and
composting.
Orders and regulations
16    (1)
An order under paragraph 2(3), 6(2) or 15(2) is subject to
affirmative resolution procedure.
45

Climate Change Bill [HL]
Schedule 5 — Waste reduction schemes
Part 2 — Consequential amendments
74

      (2)
Section 161(3) (negative resolution procedure: orders) applies in
relation to an order under paragraph 5(1), subject as follows.
      (3)
An order under that paragraph is subject to affirmative resolution
procedure if—
(a)
it is the first order to be made under that paragraph, or
5
(b)
it increases the limit for the time being set by an order
under that paragraph by more than is necessary to reflect
changes in the value of money since that limit was set.
      (4)
Section 161(2) (negative resolution procedure: regulations) applies
in relation to regulations under paragraph 11, subject as follows.
10
      (5)
Regulations under that paragraph are subject to affirmative
resolution procedure if they modify an enactment contained in an
Act of Parliament.
      (6)
Where an order or regulations are subject to “affirmative
resolution procedure” the Secretary of State must not make the
15
order or regulations unless a draft of the statutory instrument
containing them has been laid before and approved by resolution
of each House of Parliament.”.
Part 2
Consequential amendments
20
3
In section 46 of the Environmental Protection Act 1990 (c. 43) (receptacles for
household waste), in subsection (1) (requirement for occupier to use
receptacles specified by waste collection authority), for the words from “to
place” to the end of the subsection substitute “—
(a)
to place the waste for collection in receptacles of a kind and
25
number specified,
(b)
to place it in receptacles identified by such means as may be
specified, or
(c)
to do both.”.
4     (1)
Section 161 of that Act (regulations, orders and directions) is amended as
30
follows.
      (2)
After subsection (2) (negative resolution procedure: regulations) insert—
“(2ZA)
Subsection (2) does not apply to a statutory instrument containing
regulations under paragraph 11 of Schedule 2AA to this Act to which
paragraph 16(5) of that Schedule applies.”
35
      (3)
In subsection (4) (instruments not subject to negative resolution procedure),
after paragraph (a) insert—
“(aa)
which contains—
(i)
an order under paragraph 2(3), 6(2) or 15(2) of
Schedule 2AA to this Act, or
40
(ii)
an order under paragraph 5(1) of that Schedule to
which paragraph 16(3) of that Schedule applies, or”.

Climate Change Bill [HL]
Schedule 6 — Renewable transport fuel obligations
75

Schedule 6
Section 74

Renewable transport fuel obligations
Introductory
1
Chapter 5 of Part 2 of the Energy Act 2004 (c. 20) (renewable transport fuel
obligations) is amended as follows.
5
The Administrator
2
For section 125 (the Administrator) substitute—
“125
Appointment of the Administrator
(1)
For the purposes of provision made by or under this Chapter, an RTF
order may—
10
(a)
establish a body corporate, and
(b)
appoint that body as the Administrator.
(2)
An RTF order may—
(a)
make provision for the appointment of members of the body;
(b)
make provision in relation to the staffing of the body;
15
(c)
make provision in relation to the expenditure of the body;
(d)
make provision regulating the procedure of the body;
(e)
make any other provision that the Secretary of State
considers appropriate for purposes connected with the
establishment and maintenance of the body.
20
(3)
The provision that may be made by an RTF order by virtue of this
section includes, in particular, provision conferring discretions on—
(a)
the Secretary of State;
(b)
the body itself; or
(c)
members or staff of the body.
25
125A
General functions of the Administrator
(1)
An RTF order may—
(a)
confer or impose powers and duties on the Administrator for
purposes connected with the implementation of provision
made by or under this Chapter,
30
(b)
confer discretions on the Administrator in relation to the
making of determinations under such an order and otherwise
in relation to the Administrator’s powers and duties; and
(c)
impose duties on transport fuel suppliers for purposes
connected with the Administrator’s powers and duties
35
(including, in particular, duties framed by reference to
determinations made by the Administrator).
(2)
It is the duty of the Administrator to promote the supply of
renewable transport fuel whose production, supply or use—
(a)
causes or contributes to the reduction of carbon emissions,
40
and
(b)
contributes to sustainable development or the protection or
enhancement of the environment generally.