House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Public Bill Committee: 3rd July 2008
185

Climate Change Bill [Lords], continued

      (2)
In the case of guidance relating to a fixed monetary penalty, the relevant

information referred to in sub-paragraph (1)(b) is information as to—

(a)
the circumstances in which the penalty is likely to be imposed,

(b)
the circumstances in which it may not be imposed,

(c)
the amount of the penalty,

(d)
how liability for the penalty may be discharged and the effect of

discharge, and

(e)
rights to make representations and objections and rights of appeal.

      (3)
In the case of guidance relating to a discretionary requirement, the relevant

information referred to in sub-paragraph (1)(b) is information as to—

(a)
the circumstances in which the requirement is likely to be imposed,

(b)
the circumstances in which it may not be imposed,

(c)
in the case of a variable monetary penalty, the matters likely to be

taken into account by the administrator in determining the amount of

the penalty (including, where relevant, any discounts for voluntary

reporting of non-compliance), and

(d)
rights to make representations and objections and rights of appeal.

Publication of enforcement action

22  (1)
Where power is conferred on an administrator by the regulations to impose a

civil sanction in relation to a breach of regulations under this Schedule, the

provision conferring the power must, subject to this paragraph, secure that the

administrator must from time to time publish reports specifying—

(a)
the cases in which the civil sanction has been imposed, and

(b)
where the civil sanction is a fixed monetary penalty, the cases in which

liability to the penalty has been discharged pursuant to paragraph

11(1)(b).

      (2)
In sub-paragraph (1)(a), the reference to cases in which the civil sanction has

been imposed do not include cases where the sanction has been imposed but

overturned on appeal.

      (3)
The provision conferring the power need not secure the result in sub-paragraph

(1) in cases where the relevant authority considers that it would be

inappropriate to do so.

Compliance with regulatory principles

23
A relevant national authority may not make any provision conferring power on

an administrator to impose a civil sanction in relation to a breach of regulations

under this Schedule unless the authority is satisfied that the administrator will

act in accordance with the principles that—

(a)
regulatory activities should be carried out in a way that is transparent,

accountable, proportionate and consistent;

(b)
regulatory activities should be targeted only at cases in which action is

needed.

Review

24  (1)
A relevant national authority must in accordance with this paragraph review

the operation of any provision made by the authority conferring power on an

administrator to impose a civil sanction in relation to a breach of regulations

under this Schedule.

      (2)
The review must take place as soon as practicable after the end of the period

of three years beginning with the day on which the provision comes into force.

Public Bill Committee: 3rd July 2008
186

Climate Change Bill [Lords], continued

      (3)
The review must in particular consider whether the provision has implemented

its objectives efficiently and effectively.

      (4)
In conducting a review under this paragraph the relevant national authority

must consult such persons as the authority considers appropriate.

      (5)
The relevant national authority must publish the results of a review under this

section.

      (6)
The relevant national authority must lay a copy of a review under this

paragraph before—

(a)
Parliament (where the relevant national authority is the Secretary of

State);

(b)
the National Assembly for Wales (where the relevant national

authority is the Welsh Ministers);

(c)
the Northern Ireland Assembly (where the relevant national authority

is the Department of the Environment in Northern Ireland).

Suspension

25  (1)
Where provision has been made by a relevant national authority conferring

power on an administrator to impose a civil sanction in relation to a breach of

regulations under this Schedule, the authority may direct the administrator—

(a)
where the power is power to impose a fixed monetary penalty, not to

serve any further notice of intent referred to in paragraph 11(1)(a) in

relation to a breach of that kind, and

(b)
where the power is power to impose a discretionary requirement, not

to serve any further notice of intent referred to in paragraph 13(1)(a)

in relation to a breach of that kind.

      (2)
The relevant national authority may only give a direction under sub-paragraph

(1) in relation to a breach of regulations under this Schedule if it is satisfied

that the administrator has failed on more than one occasion—

(a)
to comply with any duty imposed on it under or by virtue of this

Schedule in relation to a breach of that kind,

(b)
to act in accordance with the guidance it has published in relation to a

breach of that kind (in particular, the guidance published under

paragraph 21), or

(c)
to act in accordance with the principles referred to in paragraph 23 or

with other principles of best practice in relation to the enforcement of

a breach of that kind.

      (3)
The relevant national authority may by direction revoke a direction given by it

under sub-paragraph (1) if satisfied that the administrator has taken the

appropriate steps to remedy the failure to which that direction related.

      (4)
Before giving a direction under sub-paragraph (1) or (3) the relevant national

authority must consult—

(a)
the administrator, and

(b)
such other persons as the authority considers appropriate.

      (5)
Where the relevant national authority gives a direction under this section, the

authority must lay a copy before—

(a)
Parliament (where the relevant national authority is the Secretary of

State);

(b)
the National Assembly for Wales (where the relevant national

authority is the Welsh Ministers);

(c)
the Northern Ireland Assembly (where the relevant national authority

is the Department of the Environment in Northern Ireland).

Public Bill Committee: 3rd July 2008
187

Climate Change Bill [Lords], continued

      (6)
Where the relevant national authority gives a direction under this section, the

administrator must—

(a)
publish the direction in such manner as the authority thinks fit, and

(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)

Public Bill Committee: 3rd July 2008
188

Climate Change Bill [Lords], continued

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

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’.

Public Bill Committee: 3rd July 2008
189

Climate Change Bill [Lords], continued

Mr Phil Woolas

88

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).’

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—

Public Bill Committee: 3rd July 2008
190

Climate Change Bill [Lords], continued

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

enactment

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—

Public Bill Committee: 3rd July 2008
191

Climate Change Bill [Lords], continued

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

waste);’.

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;’.

Mr Phil Woolas

That certain written evidence already reported to the House be appended to the

proceedings of the Committee.

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.