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Other Bills before Parliament


 
 

Public Bill Committee: 1st July 2008                  

136

 

Climate Change Bill [Lords], continued

 
 

(3)    

As soon as is reasonably practicable after giving its advice to the Secretary of

 

State, the Committee must publish that advice in such a manner as it considers

 

appropriate.’.

 


 

Committee’s power to audit emissions statistics

 

Martin Horwood

 

Steve Webb

 

NC14

 

To move the following Clause:—

 

‘(1)    

The Committee shall comment on the accuracy of the Government’s statistics on

 

emissions and provide the Secretary of State with advice on them.

 

(2)    

The Committee must, at the time it gives its advice under this section to the

 

Secretary of State, send a copy to the other national authorities.

 

(3)    

As soon as is reasonably practicable after giving its advice to the Secretary of

 

State, the Committee must publish that advice in such a manner as it considers

 

appropriate.’.

 


 

Advice on climate change policy from Committee to Secretary of State

 

Martin Horwood

 

Steve Webb

 

NC15

 

To move the following Clause:—

 

‘(1)    

The Committee may provide the Secretary of State with advice on any policy

 

matters related to climate change.

 

(2)    

The Committee must, at the time it gives its advice to the Secretary of State, send

 

a copy to the other national authorities.

 

(3)    

As soon as is reasonably practicable after giving its advice to the Secretary of

 

State, the Committee must publish that advice in such a manner as it considers

 

appropriate.’.

 


 

International negotiations by the Foreign and Commonwealth Office

 

Martin Horwood

 

Steve Webb

 

NC16

 

To move the following Clause:—

 

‘(1)    

In international climate change agreement negotiations the Secretary of State for

 

the Foreign and Commonwealth Office and all persons acting on his behalf must


 
 

Public Bill Committee: 1st July 2008                  

137

 

Climate Change Bill [Lords], continued

 
 

work towards achieving an international agreement which prevents dangerous

 

climate change.

 

(2)    

For the purposes of this section “dangerous climate change” is deemed to have

 

occurred when global average temperature increase is more than equation: times[num[2.0000000000000000,"2"],char[degree]]
C above pre-

 

industrial levels.

 

(3)    

Agreement should be based on the principles of contraction and convergence, that

 

is the principle of contraction of global carbon emissions and convergence of per

 

capita emissions across the global population.

 

(4)    

In reaching such an agreement the Secretary of State for the Foreign and

 

Commonwealth Office and all persons acting on his behalf should act in concert

 

with the UN and the EU.’.

 


 

Waste authority’s power to reduce amount of council tax payable

 

Gregory Barker

 

Miss Anne McIntosh

 

Mr Nick Hurd

 

NC18

 

Parliamentary Star    

To move the following Clause:—

 

‘After section 13A of the Local Government Finance Act 1992 (c. 14) there is

 

inserted—

 

“13B  

Power to reduce amount of tax payable in relation to household waste

 

(1)    

Where a person is liable to pay council tax in respect of any chargeable

 

dwelling and any day, any waste collection authority or waste disposal

 

authority may require the billing authority for the area in which the

 

dwelling is situated to reduce the amount which he is liable to pay as

 

respects the dwelling and the day to such extent as it thinks fit.

 

(2)    

The power under subsection (1) may only be exercised in connection

 

with measures to reduce the amount of residual domestic waste produced

 

in the authority’s area.

 

(3)    

The power under subsection (1) may be exercised in relation to particular

 

cases or by determining a class of case in which liability is to be reduced

 

to an extent provided by the determination.

 

(4)    

Where an authority exercises the power under subsection (1) the

 

authority must pay or allow to the billing authority if requested an

 

amount equivalent to the total reduction in the amount of tax payable

 

each year as a result together with the reasonable administration costs of

 

making such reductions.”’.

 



 
 

Public Bill Committee: 1st July 2008                  

138

 

Climate Change Bill [Lords], continued

 
 

Carbon emissions reduction targets: obligation to cooperate

 

Dr Alan Whitehead

 

Mr David Chaytor

 

Ms Karen Buck

 

NC19

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

The Secretary of State may by regulations—

 

(a)    

make provision requiring energy suppliers to cooperate with responsible

 

local authorities in the preparation and delivery of relevant local area

 

agreements, and

 

(b)    

make provision as to the arrangements for such cooperation.

 

(2)    

The Secretary of State may by regulations—

 

(a)    

subject to subsection (3), make provision requiring energy suppliers to

 

make such contribution as may be determined by the Secretary of State

 

in respect of measures to achieve carbon emission reduction targets,

 

(b)    

make provision as to the arrangements for such contribution, in particular

 

as to the restrictions upon energy suppliers in including any element of

 

such contribution in charges to consumers.

 

(3)    

The contribution referred to in subsection (2) shall not exceed an amount

 

equivalent to the sums raised through relevant consumer contributions made to

 

energy suppliers.

 

(4)    

In this section—

 

“energy suppliers” shall mean persons who are gas transporters or gas

 

suppliers for the purposes of the Gas Act 1986 (c. 44); and persons who

 

are electricity distributors or electricity suppliers for the purposes of the

 

Electricity Act 1989 (c. 29);

 

“responsible local authorities” shall be as defined in section 103 of the Local

 

Government and Public Involvement in Health Act 2007 (c. 28);

 

“local area agreement” shall be as defined in section 106 of the Local

 

Government and Public Involvement in Health Act 2007;

 

“relevant consumer contributions” shall mean those contributions made to

 

energy suppliers by consumers in respect of Carbon Emission Reduction

 

Targets as permitted by the Climate Change and Sustainable Energy Act

 

2006 (c. 19).’.

 


 

Duties of a waste collection authority

 

David Maclean

 

NC20

 

Parliamentary Star    

To move the following Clause:—

 

‘A waste collection authority must—

 

(a)    

collect without charge any material in its area which has been deposited

 

or disposed of in unauthorised locations;

 

(b)    

provide at least one recycling facility in its area which is open from 7 a.m

 

till 11 p.m. seven days per week;

 

(c)    

collect all recycling material on the same day each week;


 
 

Public Bill Committee: 1st July 2008                  

139

 

Climate Change Bill [Lords], continued

 
 

(d)    

permit householders to supply their own containers for recycling

 

materials or residual waste provided that they are of a similar size and

 

design and which do not jeopardise the scheme.’.

 


 

Containers for recycling materials

 

David Maclean

 

NC21

 

Parliamentary Star    

To move the following Clause:—

 

‘A waste reduction scheme must not—

 

(a)    

require premises to maintain three or more different containers for

 

recycling materials;

 

(b)    

include any systems of bins, boxes or containers which provide for

 

electronic monitoring, scanning, counting or otherwise measuring

 

residual domestic waste;

 

(c)    

authorise any person to sift, sort and monitor the contents of any (a)

 

domestic recycling container or (b) residual refuse container;

 

(d)    

require or supply containers of a design which only the waste authority

 

can supply.’.

 


 

New Schedule

 

Mr Phil Woolas

 

NS1

 

To move the following Schedule:—

 

‘Charges for single use carrier bags

 

Part 1

 

Powers to make regulations about charges

 

General power

 

1          

The relevant national authority may make provision by regulations about

 

charging by sellers of goods for the supply of single use carrier bags.

 

Requirement to charge

 

2          

The regulations may make provision requiring sellers of goods to charge for

 

single use carrier bags supplied—

 

(a)    

at the place where the goods are sold, for the purpose of enabling the

 

goods to be taken away, or

 

(b)    

for the purpose of enabling the goods to be delivered.


 
 

Public Bill Committee: 1st July 2008                  

140

 

Climate Change Bill [Lords], continued

 
 

Sellers of goods

 

3    (1)  

“Seller”, in relation to goods, has the meaning given by the regulations which

 

may define that term by reference (in particular) to—

 

(a)    

a person’s involvement in selling the goods,

 

(b)    

a person’s interest in the goods, or

 

(c)    

a person’s interest in the place at or from which the goods are sold,

 

            

or any combination of those factors.

 

      (2)  

The regulations may make provision for regulations under this Schedule to

 

apply—

 

(a)    

to all sellers of goods,

 

(b)    

to sellers of goods named in the regulations,

 

(c)    

to sellers of goods identified by reference to specified factors, or

 

(d)    

to sellers of goods within paragraph (b) and sellers of goods within

 

paragraph (c).

 

      (3)  

The specified factors may include—

 

(a)    

the place or places at or from which a seller supplies goods;

 

(b)    

the type of goods that a seller supplies;

 

(c)    

the value of goods that a seller supplies;

 

(d)    

a seller’s turnover or any part of that turnover.

 

      (4)  

In this Schedule “specified” means specified in regulations under this

 

Schedule.

 

Amount of charge

 

4          

The regulations may specify the minimum amount that a seller must charge for

 

each single use carrier bag, or provide for that amount to be determined in

 

accordance with the regulations.

 

Single use carrier bags

 

5          

“Single use carrier bag” has the meaning given by the regulations, which may

 

define that term by reference (in particular) to—

 

(a)    

a bag’s size, thickness, construction, composition or other

 

characteristics, or

 

(b)    

its intended use,

 

            

or any combination of those factors.

 

Administration

 

6    (1)  

The regulations may appoint a person (an “administrator”) to administer

 

provision made by regulations under this Schedule.

 

      (2)  

More than one person may be appointed as administrator.

 

      (3)  

The regulations may confer or impose powers or duties on an administrator and

 

may (in particular) do so—

 

(a)    

by making modifications to any enactment applying to the

 

administrator, or

 

(b)    

by providing for any such enactment to apply, with or without

 

modifications, for the purposes of regulations under this Schedule.

 

      (4)  

References in this Schedule to an administrator include a person appointed by

 

an administrator.


 
 

Public Bill Committee: 1st July 2008                  

141

 

Climate Change Bill [Lords], continued

 
 

Record-keeping and publication of records

 

7    (1)  

The regulations may require records to be kept relating to charges made for

 

single use carrier bags.

 

      (2)  

The regulations may require—

 

(a)    

the records, or such other information as may be specified, to be

 

published at such times and in such manner as may be specified;

 

(b)    

the records, or such other information as may be specified, to be

 

supplied on request and in such manner as may be specified to—

 

(i)    

the relevant national authority,

 

(ii)    

an administrator, or

 

(iii)    

members of the public.

 

      (3)  

The regulations may (in particular) require the publication or supply of records

 

or information relating to any of the following—

 

(a)    

the amount received by a seller by way of charges for single use carrier

 

bags;

 

(b)    

the seller’s gross or net proceeds of the charge;

 

(c)    

the uses to which the net proceeds of the charge have been put.

 

      (4)  

In this paragraph—

 

“gross proceeds of the charge” means the amount received by the seller by

 

way of charges for single use carrier bags;

 

“net proceeds of the charge” means the seller’s gross proceeds of the charge

 

reduced by such amounts as may be specified.

 

Enforcement

 

8    (1)  

The regulations may confer or impose powers or duties on an administrator to

 

enforce provision made by regulations under this Schedule.

 

      (2)  

The regulations may (in particular) confer powers on an administrator to—

 

(a)    

require the production of documents or the provision of information,

 

or

 

(b)    

question a seller or officers or employees of a seller.

 

      (3)  

Regulations under sub-paragraph (2) must contain provision for ensuring that

 

the power in question is exercised by a person only where the person

 

reasonably believes there has been a failure to comply with a requirement of

 

regulations under this Schedule.

 

Part 2

 

Civil sanctions

 

Civil sanctions

 

9    (1)  

The relevant national authority may make provision by regulations about civil

 

sanctions for breaches of regulations under this Schedule.

 

      (2)  

For the purposes of this Schedule a person breaches regulations under this

 

Schedule if, in such circumstances as may be specified, the person—

 

(a)    

fails to comply with a requirement made by or under the regulations,

 

or

 

(b)    

obstructs or fails to assist an administrator.

 

      (3)  

In this Schedule “civil sanction” means—

 

(a)    

a fixed monetary penalty (see paragraph 10), or


 
 

Public Bill Committee: 1st July 2008                  

142

 

Climate Change Bill [Lords], continued

 
 

(b)    

a discretionary requirement (see paragraph 12).

 

Fixed monetary penalties

 

10  (1)  

The regulations may make provision conferring on an administrator the power

 

by notice to impose a fixed monetary penalty on a person who breaches

 

regulations under this Schedule.

 

      (2)  

The regulations may only confer such a power in relation to a case where the

 

administrator is satisfied on the balance of probabilities that the breach has

 

occurred.

 

      (3)  

For the purposes of this Schedule a “fixed monetary penalty” is a requirement

 

to pay to an administrator a penalty of an amount specified in or determined in

 

accordance with the regulations.

 

      (4)  

The regulations may not provide for the imposition of a fixed monetary penalty

 

in excess of £5,000.

 

Fixed monetary penalties: procedure

 

11  (1)  

Provision under paragraph 10 must secure that—

 

(a)    

where an administrator proposes to impose a fixed monetary penalty

 

on a person, the administrator must serve on that person a notice of

 

what is proposed (a “notice of intent”) that complies with sub-

 

paragraph (2),

 

(b)    

the notice of intent also offers the person the opportunity to discharge

 

the person’s liability for the fixed monetary penalty by payment of a

 

specified sum (which must be less than or equal to the amount of the

 

penalty),

 

(c)    

if the person does not so discharge liability—

 

(i)    

the person may make written representations and objections to

 

the administrator in relation to the proposed imposition of the

 

fixed monetary penalty, and

 

(ii)    

the administrator must at the end of the period for making

 

representations and objections decide whether to impose the

 

fixed monetary penalty,

 

(d)    

where the administrator decides to impose the fixed monetary penalty,

 

the notice imposing it (“the final notice”) complies with sub-paragraph

 

(4), and

 

(e)    

the person on whom a fixed monetary penalty is imposed may appeal

 

against the decision to impose it.

 

      (2)  

To comply with this sub-paragraph the notice of intent must include

 

information as to—

 

(a)    

the grounds for the proposal to impose the fixed monetary penalty.

 

(b)    

the effect of payment of the sum referred to in sub-paragraph (1)(b),

 

(c)    

the right to make representations and objections,

 

(d)    

the circumstances in which the administrator may not impose the fixed

 

monetary penalty,

 

(e)    

the period within which liability to the fixed monetary penalty may be

 

discharged, which may not exceed the period of 28 days beginning

 

with the day on which the notice of intent was received, and

 

(f)    

the period within which representations and objections may be made,

 

which may not exceed the period of 28 days beginning with the day on

 

which the notice of intent was received.


 
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