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Climate Change Bill [HL]


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

76

 

125B    

Functions of the Administrator: supplementary

(1)   

The powers that may be conferred on the Administrator by virtue of

section 125A(1) include, in particular—

(a)   

power to require a transport fuel supplier to provide the

Administrator with such information as the Administrator

5

may require for purposes connected with the carrying out of

the Administrator’s functions;

(b)   

power to impose requirements as to the form in which such

information must be provided and as to the period within

which it must be provided;

10

(c)   

power to imposes charges of specified amounts on transport

fuel suppliers.

(2)   

The Secretary of State may give written directions to the

Administrator about the exercise of any power conferred on the

Administrator by virtue of subsection (1)(a) or (b).

15

(3)   

The power to give directions under subsection (2) includes power to

vary or revoke the directions.

(4)   

The Administrator must comply with any directions given under

that subsection.

(5)   

Sums received by the Administrator by virtue of provision within

20

subsection (1)(c)—

(a)   

where the Administrator is the Secretary of State, must be

paid into the Consolidated Fund, and

(b)   

otherwise, must be used for the purpose of meeting costs

incurred in carrying out the Administrator’s functions.

25

(6)   

The Secretary of State may make grants to the Administrator on such

terms as the Secretary of State may determine.

125C    

Transfer of functions to new Administrator

(1)   

The Secretary of State may by order—

(a)   

appoint a person as the Administrator (“the new

30

Administrator”) in place of a person previously so appointed

by order under this Chapter (“the old Administrator”), and

(b)   

provide for the transfer of the functions of the old

Administrator to the new Administrator.

(2)   

Only the following persons may be appointed as the Administrator

35

by order under this section—

(a)   

the Secretary of State;

(b)   

a body or other person established or appointed by or under

any enactment to carry out other functions;

(c)   

a body corporate established by the order for appointment as

40

the Administrator.

(3)   

An order under this section that establishes a body for appointment

as the Administrator may make any provision that may be made by

an RTF order by virtue of section 125.

(4)   

An order under this section may provide for the transfer of staff of

45

the old Administrator, and of any property, rights or liabilities to

 

 

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

77

 

which the old Administrator is entitled or subject, to the new

Administrator and may, in particular—

(a)   

provide for the transfer of any property, rights or liabilities to

have effect subject to exceptions or reservations specified in

or determined under the order;

5

(b)   

provide for the creation of interests in, or rights over,

property transferred or retained or for the creation of new

rights and liabilities;

(c)   

provide for the order to have effect in spite of anything that

would prevent or restrict the transfer of the property, rights

10

or liabilities otherwise than by the order.

(5)   

The order may, in particular—

(a)   

provide for anything done by or in relation to the old

Administrator to have effect as if done by or in relation to the

new Administrator;

15

(b)   

permit anything (which may include legal proceedings)

which is in the process of being done by or in relation to the

old Administrator when the transfer takes effect to be

continued by or in relation to the new Administrator;

(c)   

provide for a reference to the old Administrator in an

20

instrument or other document to be treated as a reference to

the new Administrator;

(d)   

where the old Administrator was established by order under

this Chapter, make provision for the dissolution of the old

Administrator;

25

(e)   

make such modifications of any enactment relating to the old

Administrator or the new Administrator as the Secretary of

State considers appropriate for the purpose of facilitating the

transfer.

(6)   

An order under this section that provides for the transfer of staff of

30

the old Administrator to the new Administrator must make

provision for the Transfer of Undertakings (Protection of

Employment) Regulations 2006 to apply to the transfer.

(7)   

Subject to subsection (8), an order under this section is subject to the

negative resolution procedure.

35

(8)   

The power to make an order under this section is subject to the

affirmative resolution procedure if the order—

(a)   

contains provision by virtue of subsection (2)(c), or

(b)   

makes any modification of an enactment contained in—

(i)   

an Act of Parliament,

40

(ii)   

an Act of the Scottish Parliament,

(iii)   

a Measure or Act of the National Assembly for Wales,

or

(iv)   

Northern Ireland legislation.”.

Determination of amounts of transport fuel

45

3          

In section 126 (determination of amounts of transport fuel), after subsection

 

 

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

78

 

(4) insert—

“(5)   

If an RTF order makes provision for the counting or determination of

amounts of transport fuel for the purposes of provision made by or

under this Chapter by reference to any document, it may provide for

references to the document to have effect as references to it as revised

5

or re-issued from time to time.

(6)   

The Secretary of State may give written directions to the

Administrator about the exercise of any of the Administrator’s

functions in connection with the counting or determination of

amounts of transport fuel for the purposes of provision made by or

10

under this Chapter.

(7)   

The power to give directions under subsection (6) includes power to

vary or revoke the directions.

(8)   

The Administrator must comply with any directions given under

that subsection.”.

15

Discharge of obligation by payment

4          

In section 128 (discharge of obligation by payment), for subsections (6) and

(7) substitute—

“(6)   

Where the Administrator is the Secretary of State—

(a)   

sums received by the Administrator by virtue of this section

20

must be paid into the Consolidated Fund, and

(b)   

an RTF order may make provision for sums to be paid by the

Administrator to transport fuel suppliers, or to transport fuel

suppliers of a specified description, in accordance with the

specified system of allocation.

25

(7)   

Such an order must contain provision ensuring that the total of the

sums so paid by the Administrator does not at any time exceed the

total of the sums so received by the Administrator up to that time.

(8)   

Where the Administrator is a person other than the Secretary of

State, an RTF order may—

30

(a)   

require the Administrator to use, to the specified extent, sums

received by the Administrator by virtue of this section for the

purpose of meeting costs incurred in carrying out the

Administrator’s functions, or

(b)   

require the Administrator to pay, to the specified extent,

35

sums so received to the Secretary of State.

(9)   

Sums so received which are not dealt with in accordance with

provision made under subsection (8) must be paid by the

Administrator to transport fuel suppliers, or to transport fuel

suppliers of a specified description, in accordance with the specified

40

system of allocation.

(10)   

The Secretary of State must pay sums received by the Secretary of

State by virtue of provision made under subsection (8)(b) into the

Consolidated Fund.”.

 

 

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

79

 

Civil penalties

5          

In section 129 (imposition of civil penalties), for subsection (7) substitute—

“(7)   

Sums received by the Administrator by virtue of this section—

(a)   

where the Administrator is the Secretary of State, must be

paid into the Consolidated Fund, and

5

(b)   

otherwise, must be paid to the Secretary of State, who must

pay them into the Consolidated Fund.”.

Disclosure of information

6          

After section 131 insert—

“131A   

 Disclosure of information held by Revenue and Customs

10

(1)   

This section applies to information held by or on behalf of the

Commissioners for Her Majesty’s Revenue and Customs in

connection with their functions under or by virtue of the

Hydrocarbon Oil Duties Act 1979.

(2)   

Such information may be disclosed to—

15

(a)   

the Administrator, or

(b)   

an authorised person,

   

for the purposes of or in connection with the Administrator’s

functions.

(3)   

In this Chapter “authorised person” means a person who—

20

(a)   

provides services to, or exercises functions on behalf of, the

Administrator, and

(b)   

is authorised by the Administrator to receive information to

which this section applies.

(4)   

The Administrator may authorise such a person to receive

25

information to which this section applies either generally or for a

specific purpose.

131B    

Further disclosure of information

(1)   

This section applies to information disclosed under section 131A,

other than information which is also provided to the Administrator

30

or an authorised person otherwise than under that section.

(2)   

Information to which this section applies may not be disclosed—

(a)   

by the Administrator,

(b)   

by an authorised person, or

(c)   

by any other person who obtains it in the course of providing

35

services to, or exercising functions on behalf of, the

Administrator,

   

except as permitted by the following provisions of this section.

(3)   

Subsection (2) does not apply to a disclosure made—

(a)   

by the Administrator to an authorised person,

40

(b)   

by an authorised person to the Administrator, or

(c)   

by an authorised person to another authorised person,

 

 

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

80

 

   

for the purposes of, or in connection with, the discharge of the

Administrator’s functions.

(4)   

Subsection (2) does not apply to a disclosure if it is—

(a)   

authorised by an enactment,

(b)   

made in pursuance of an order of a court,

5

(c)   

made for the purposes of a criminal investigation or criminal

proceedings (whether or not within the United Kingdom)

relating to a matter in respect of which the Administrator has

functions,

(d)   

made for the purposes of civil proceedings (whether or not

10

within the United Kingdom) relating to a matter in respect of

which the Administrator has functions,

(e)   

made with the consent of the Commissioners for Her

Majesty’s Revenue and Customs, or

(f)   

made with the consent of each person to whom the

15

information relates.

131C    

Wrongful disclosure

(1)   

A person commits an offence if—

(a)   

he discloses information about a person in contravention of

section 131B(2), and

20

(b)   

the person’s identity is specified in the disclosure or can be

deduced from it.

(2)   

In subsection (1) “information about a person” means revenue and

customs information relating to a person within the meaning of

section 19(2) of the Commissioners for Revenue and Customs Act

25

2005 (wrongful disclosure).

(3)   

It is a defence for a person charged with an offence under this section

to prove that he reasonably believed—

(a)   

that the disclosure was lawful, or

(b)   

that the information had already and lawfully been made

30

available to the public.

(4)   

A person guilty of an offence under this section is liable—

(a)   

on conviction on indictment, to imprisonment for a term not

exceeding two years or a fine or both, or

(b)   

on summary conviction, to imprisonment for a term not

35

exceeding twelve months or a fine not exceeding the

statutory maximum or both.

(5)   

A prosecution for an offence under this section—

(a)   

may be brought in England and Wales only with the consent

of the Director of Public Prosecutions;

40

(b)   

may be brought in Northern Ireland only with the consent of

the Director of Public Prosecutions for Northern Ireland.

(6)   

In the application of this section—

(a)   

in England and Wales, in relation to an offence committed

before the commencement of section 154(1) of the Criminal

45

Justice Act 2003, or

(b)   

in Northern Ireland,

 

 

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

81

 

   

the reference in subsection (4)(b) to twelve months is to be read as a

reference to six months.”.

Interpretation

7     (1)  

Section 132(1) (interpretation of Chapter 5 of Part 2) is amended as follows.

      (2)  

For the definition of “Administrator” substitute—

5

““Administrator” means the person for the time being

appointed as the Administrator by order under this

Chapter;”.

      (3)  

In the appropriate place insert—

““authorised person” has the meaning given by section

10

131A(3);”;

““enactment” includes—

(a)   

an enactment contained in subordinate legislation,

(b)   

an enactment contained in, or in an instrument made

under, an Act of the Scottish Parliament,

15

(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 Measure or Act of the National Assembly for

Wales;”.

20

      (4)  

In section 196(1) of the Energy Act 2004 (c. 20) (general interpretation), in the

definition of “enactment”, after ““enactment”” insert “(except in Chapter 5 of

Part 2)”.

 

 

 
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