|
|
| |
| |
|
| | (b) | take such other steps as the administrator thinks fit or the authority |
|
| | may require to bring the direction to the attention of other persons |
|
| | likely to be affected by it. |
|
| | Payment of penalties into Consolidated Fund |
|
| | 26 (1) | Where pursuant to any provision made under this Schedule an administrator |
|
| | |
| | (a) | a fixed monetary penalty, a variable monetary penalty or a non- |
|
| | compliance penalty under paragraph 14, |
|
| | (b) | any interest or other financial penalty for late payment of such a |
|
| | |
| | (c) | a sum paid in discharge of liability to a fixed monetary penalty |
|
| | pursuant to paragraph 11(1)(b), |
|
| | | the administrator must pay it into the relevant Fund. |
|
| | (2) | In sub-paragraph (1) “relevant Fund” means— |
|
| | (a) | in a case where the administrator has functions only in relation to |
|
| | Wales, the Welsh Consolidated Fund, |
|
| | (b) | in a case where the administrator has functions only in relation to |
|
| | Northern Ireland, the Northern Ireland Consolidated Fund, and |
|
| | (c) | in any other case, the Consolidated Fund. |
|
| | |
| | Procedures applying to regulations |
|
| | 27 (1) | This paragraph applies in relation to an instrument containing regulations |
|
| | under this Schedule made by a single national authority. |
|
| | (2) | Where the instrument contains regulations that— |
|
| | (a) | are to be made by the Secretary of State, and |
|
| | (b) | are subject to affirmative resolution procedure, |
|
| | | the regulations must not be made unless a draft of the statutory instrument |
|
| | containing them has been laid before and approved by a resolution of each |
|
| | |
| | (3) | Where the instrument contains regulations that— |
|
| | (a) | are to be made by a national authority other than the Secretary of State, |
|
| | |
| | (b) | are subject to affirmative resolution procedure, |
|
| | | the regulations must not be made unless a draft of the statutory instrument |
|
| | containing them has been laid before and approved by a resolution of the |
|
| | relevant devolved legislature. |
|
| | (4) | An instrument containing regulations made by the Secretary of State that are |
|
| | subject to negative resolution procedure is subject to annulment in pursuance |
|
| | of a resolution of either House of Parliament. |
|
| | (5) | An instrument containing regulations made by the Welsh Ministers that are |
|
| | subject to negative resolution procedure is subject to annulment in pursuance |
|
| | of a resolution of the National Assembly for Wales. |
|
| | (6) | An instrument containing regulations made by the Department of the |
|
| | Environment in Northern Ireland that are subject to negative resolution |
|
| | procedure 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. |
|
|
|
| |
| |
|
| | (7) | Any provision that may be made by regulations subject to negative resolution |
|
| | procedure may be made by regulations subject to affirmative resolution |
|
| | |
| | Regulations made by two or more national authorities |
|
| | 28 (1) | This paragraph applies in relation to an instrument containing regulations |
|
| | under this Schedule made or to be made by any two or more of— |
|
| | (a) | the Secretary of State, |
|
| | (b) | the Welsh Ministers, and |
|
| | (c) | the Department of the Environment in Northern Ireland. |
|
| | (2) | If any of the regulations are subject to affirmative resolution procedure, all of |
|
| | them are subject to that procedure. |
|
| | (3) | Sub-paragraphs (2) to (6) of paragraph 27 apply to the instrument as they apply |
|
| | to an instrument containing regulations made by a single national authority. |
|
| | (4) | If in accordance with that paragraph— |
|
| | (a) | either House of Parliament resolves that an address be presented to |
|
| | Her Majesty praying that an instrument containing regulations made |
|
| | by the Secretary of State be annulled, or |
|
| | (b) | a devolved legislature resolves that an instrument containing |
|
| | regulations made by a national authority be annulled, |
|
| | | nothing further is to be done under the instrument after the date of the |
|
| | resolution and Her Majesty may by Order in Council revoke the instrument. |
|
| | (5) | This is without prejudice to the validity of anything previously done under the |
|
| | instrument or to the making of a new instrument. |
|
| | (6) | This paragraph applies in place of provision made by any other enactment |
|
| | about the effect of such a resolution. |
|
| | |
| | 29 | If a draft of an instrument containing regulations under this Schedule would, |
|
| | apart from this paragraph, be treated for the purposes of the standing orders of |
|
| | either House of Parliament as a hybrid instrument, it is to proceed in that House |
|
| | as if it were not such an instrument.’. |
|
| |
| |
| | |
| Clause 82, page 38, line 24, after ‘schemes)’, insert ‘or Schedule [Charges for |
|
| single use carrier bags] (charges for single use carrier bags)’. |
|
| |
| | |
| Clause 82, page 38, line 26, after ‘Part’, insert ‘or Schedule’. |
|
| |
| |
| | |
| Clause 83, page 39, line 14, at end add ‘, or |
|
|
|
| |
| |
|
| | ( ) | regulations under Schedule [Charges for single use carrier bags] (but see |
|
| | Part 3 of that Schedule).’ |
|
| |
| |
| | |
| Clause 89, page 40, line 43, at end insert— |
|
| | ‘“modifications”, in relation to an enactment, includes additions or |
|
| | amendments to, or omissions from, the enactment;’. |
|
| |
| |
| | |
| Clause 90, page 41, line 11, at end insert— |
|
| ‘“administrator” (in Schedule [Charges for |
| paragraph 6(1) and (4) of Schedule [Charges |
| | | | single use carrier bags]) |
| for single use carrier bags]’. |
| | |
|
| |
| | |
| Clause 90, page 41, line 23, at end insert— |
|
| ‘“civil sanction” (in Schedule [Charges for |
| paragraph 9(3) of Schedule [Charges for |
| | | | single use carrier bags]) |
| single use carrier bags]’. |
| | |
|
| |
| | |
| Clause 90, page 41, line 37, at end insert— |
|
| ‘“discretionary requirement” (in Schedule |
| paragraph 12(3) of Schedule [Charges for |
| | | | [Charges for single use carrier bags]) |
| single use carrier bags]’. |
| | |
|
| |
| | |
| Clause 90, page 42, line 11, at end insert— |
|
| ‘“fixed monetary penalty” (in Schedule |
| paragraph 10(3) of Schedule [Charges for |
| | | | [Charges for single use carrier bags]) |
| single use carrier bags]’. |
| | |
|
| |
| | |
| Clause 90, page 42, line 16, at end insert— |
|
| ‘“modifications”, in relation to an |
| | | | | | | | |
|
|
|
| |
| |
|
| |
| | |
| Clause 90, page 42, line 24, at end insert— |
|
| ‘“non-monetary discretionary requirement” |
| paragraph 12(4) of Schedule [Charges for |
| | | | (in Schedule [Charges for single use |
| single use carrier bags]’. |
| | | | | | | |
|
| |
| | |
| Clause 90, page 42, line 30, at end insert— |
|
| ‘“the relevant national authority” (in |
| section [Charges for single use carrier |
| | | | Schedule [Charges for single use carrier |
| | | | | | | | |
|
| |
| | |
| Clause 90, page 42, line 34, at end insert— |
|
| ‘“seller” (in Schedule [Charges for single |
| paragraph 3 of Schedule [Charges for single |
| | | | | | | | | “single use carrier bag” (in Schedule |
| paragraph 5 of Schedule [Charges for single |
| | | | [Charges for single use carrier bags]) |
| | | | | “specified” (in Schedule [Charges for |
| paragraph 3(4) of Schedule [Charges for |
| | | | single use carrier bags]) |
| single use carrier bags]’. |
| | |
|
| |
| | |
| Clause 90, page 43, line 5, at end insert— |
|
| ‘“variable monetary penalty” (in Schedule |
| paragraph 12(4) of Schedule [Charges for |
| | | | [Charges for single use carrier bags]) |
| single use carrier bags]’. |
| | |
|
| |
| |
| | |
| Clause 91, page 43, line 11, leave out ‘in subsection (2)’ and insert ‘below’. |
|
| |
| | |
| Clause 91, page 43, line 14, at end insert— |
|
| | ‘( ) | section [Collection of household waste] (collection of household |
|
| | |
|
|
| |
| |
|
| |
| | |
| Clause 91, page 43, line 16, at end insert— |
|
| | ‘( ) | Section [Charges for single use carrier bags] and Schedule [Charges for single |
|
| | use carrier bags] (charges for single use carrier bags) extend to England and |
|
| | Wales and Northern Ireland only.’. |
|
| |
| |
| | |
| Clause 93, page 43, line 32, leave out subsection (2). |
|
| |
| |
| | |
| Title, line 8, after ‘produced;’, insert ‘to make provision about the collection of |
|
| |
| |
| | |
| Title, line 8, after ‘produced;’, insert ‘to make provisions for the reporting of the impact |
|
| on biodiversity of carbon offsetting measures;’. |
|
| |
| | |
| Title, line 8, after ‘produced;’, insert ‘to confer powers to make provision about charging |
|
| for single use carrier bags;’. |
|
| |
| | Order of the House [9th June 2008] |
|
| | That the following provisions shall apply to the Climate Change Bill [Lords]: |
|
| | |
| | 1. | The Bill shall be committed to a Public Bill Committee. |
|
| | Proceedings in Public Bill Committee |
|
| | 2. | Proceedings in the Public Bill Committee shall (so far as not previously |
|
| | concluded) be brought to a conclusion on Tuesday 8th July 2008. |
|
| | 3. | The Public Bill Committee shall have leave to sit twice on the first day on |
|
| | |
| | Consideration and Third Reading |
|
| | 4. | Proceedings on consideration shall (so far as not previously concluded) be |
|
| | brought to a conclusion one hour before the moment of interruption on the |
|
| | day on which those proceedings are commenced. |
|
| | 5. | Proceedings on Third Reading shall (so far as not previously concluded) be |
|
| | brought to a conclusion at the moment of interruption on that day. |
|
|
|
| |
| |
|
| | 6. | Standing Order No. 83B (Programming committees) shall not apply to |
|
| | proceedings on consideration and Third Reading. |
|
| | |
| | 7. | Any other proceedings on the Bill (including any proceedings on any |
|
| | messages from the Lords) may be programmed. |
|
| |
| | Order of the Committee [24th June 2008] |
|
| | |
| | (1) | the Committee shall (in addition to its first meeting at 10.30 a.m. on Tuesday |
|
| | |
| | (a) | at 4.00 p.m. on Tuesday 24th June; |
|
| | (b) | at 9.00 a.m. and 1.00 p.m. on Thursday 26th June; |
|
| | (c) | at 10.30 a.m. and 4.00 p.m. on Tuesday 1st July; |
|
| | (d) | at 9.00 a.m. and 1.00 p.m. on Thursday 3rd July; |
|
| | (e) | at 10.30 a.m. and 4.00 p.m. on Tuesday 8th July; |
|
| | (2) | the proceedings shall be taken in the following order: Clauses 1 to 32; |
|
| | Schedule 1; Clauses 33 to 45; Schedule 2; Clauses 46 to 48; Schedule 3; |
|
| | Clause 49; Schedule 4; Clauses 50 to 69; Schedule 5; Clauses 70 to 74; |
|
| | Schedule 6; Clauses 75 to 80; new Clauses; new Schedules; Clauses 81 to 93; |
|
| | remaining proceedings on the Bill; |
|
| | (3) | the proceedings shall (so far as not previously concluded) be brought to a |
|
| | conclusion at 7.00 p.m. on Tuesday 8th July. |
|
| |
|