House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Public Bill Committee: 1st July 2008
150

Climate Change Bill [Lords], continued

(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

receives—

(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

penalty, or

(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.

Part 3

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

House of Parliament.

      (3)
Where the instrument contains regulations that—

(a)
are to be made by a national authority other than 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 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.

Public Bill Committee: 1st July 2008
151

Climate Change Bill [Lords], continued

      (7)
Any provision that may be made by regulations subject to negative resolution

procedure may be made by regulations subject to affirmative resolution

procedure.

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.

Hybrid instruments

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.’.

Mr Phil Woolas

86

Clause  82,  page  38,  line  24,  after ‘schemes)’, insert ‘or Schedule [Charges for

single use carrier bags] (charges for single use carrier bags)’.

Mr Phil Woolas

87

Clause  82,  page  38,  line  26,  after ‘Part’, insert ‘or Schedule’.

Mr Phil Woolas

88

Clause  83,  page  39,  line  14,  at end add ‘, or

Public Bill Committee: 1st July 2008
152

Climate Change Bill [Lords], continued

( )
regulations under Schedule [Charges for single use carrier bags] (but see

Part 3 of that Schedule).’

Mr Phil Woolas

89

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;’.

Mr Phil Woolas

90

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]’.

Mr Phil Woolas

91

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]’.

Mr Phil Woolas

92

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]’.

Mr Phil Woolas

93

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]’.

Mr Phil Woolas

94

Clause  90,  page  42,  line  16,  at end insert—

‘“modifications”, in relation to an
section 89’.

enactment

Public Bill Committee: 1st July 2008
153

Climate Change Bill [Lords], continued

Mr Phil Woolas

95

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]’.

carrier bags])

Mr Phil Woolas

96

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
bags](3)’.

bags])

Mr Phil Woolas

97

Clause  90,  page  42,  line  34,  at end insert—

‘“seller” (in Schedule [Charges for single
paragraph 3 of Schedule [Charges for single

use carrier bags])
use carrier bags]

“single use carrier bag” (in Schedule
paragraph 5 of Schedule [Charges for single

[Charges for single use carrier bags])
use carrier bags]

“specified” (in Schedule [Charges for
paragraph 3(4) of Schedule [Charges for

single use carrier bags])
single use carrier bags]’.

Mr Phil Woolas

98

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]’.

Mr Phil Woolas

99

Clause  91,  page  43,  line  11,  leave out ‘in subsection (2)’ and insert ‘below’.

Mr Phil Woolas

25

Clause  91,  page  43,  line  14,  at end insert—

‘( )
section [Collection of household waste] (collection of household

waste);’.

Public Bill Committee: 1st July 2008
154

Climate Change Bill [Lords], continued

Mr Phil Woolas

100

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.’.

Mr Phil Woolas

30

Clause  93,  page  43,  line  32,  leave out subsection (2).

Mr Phil Woolas

26

Title,  line  8,  after ‘produced;’, insert ‘to make provision about the collection of

household waste;’.

David Maclean

42

Title,  line  8,  after ‘produced;’, insert ‘to make provisions for the reporting of the impact

on biodiversity of carbon offsetting measures;’.

Mr Phil Woolas

101

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]:

Committal

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

which it meets.

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.

Public Bill Committee: 1st July 2008
155

Climate Change Bill [Lords], continued

6.
Standing Order No. 83B (Programming committees) shall not apply to

proceedings on consideration and Third Reading.

Other proceedings

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]

That—

(1)
the Committee shall (in addition to its first meeting at 10.30 a.m. on Tuesday

24th June) meet—

(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.