House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Public Bill Committee: 8th July 2008
209

Climate Change Bill [Lords], continued

(3)
A waste collection authority may make a waste reduction scheme only if

arrangements for the collection of recyclable domestic waste from premises

separately from other waste are available to the occupiers of premises to which

the scheme applies.

(4)
A waste reduction scheme—

(a)
may cover the whole or any part of the area of a waste collection

authority, and

(b)
may apply to all domestic premises, to domestic premises other than

those of a specified description or to specified descriptions of domestic

premises.

(5)
An authority that has made a waste reduction scheme—

(a)
must publish the scheme in such manner as it considers appropriate, and

(b)
may amend or revoke the scheme.

(6)
Where a waste collection authority that operates a waste reduction scheme is not

also the waste disposal authority—

(a)
the waste disposal authority may pay to the collection authority

contributions of such amounts as the disposal authority may determine

towards expenditure of the collection authority attributable to the

scheme, and

(b)
the collection authority must supply to the disposal authority such

information as the disposal authority may reasonably require for the

purpose of determining amounts under this section.

(7)
In this section—

“domestic premises” means—

(a)
a building or self-contained part of a building which is used

wholly for the purposes of living accommodation,

(b)
a caravan (as defined in section 29(1) of the Caravan Sites and

Control of Development Act 1960 (c. 2)) that usually and for the

time being is situated on a caravan site (within the meaning of

that Act), or

(c)
a moored vessel used wholly for the purposes of living

accommodation;

“domestic waste” means household waste from domestic premises;

“recyclable domestic waste” means domestic waste that is capable of being

recycled;

“recycling” means recycling, re-using or composting.’.

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

Public Bill Committee: 8th July 2008
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Climate Change Bill [Lords], continued

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.

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.

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Climate Change Bill [Lords], continued

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.

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.

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Climate Change Bill [Lords], continued

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

(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.

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Climate Change Bill [Lords], continued

      (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.

      (3)
Provision pursuant to sub-paragraph (1)(c)(ii) must include provision for

circumstances in which the administrator may not decide to impose a fixed

monetary penalty.

      (4)
To comply with this sub-paragraph the final notice referred to in sub-paragraph

(1)(d) must include information as to—

(a)
the grounds for imposing the penalty,

(b)
how payment may be made,

(c)
the period within which payment must be made,

(d)
any early payment discounts or late payment penalties,

(e)
rights of appeal, and

(f)
the consequences of non-payment.

      (5)
Provision pursuant to sub-paragraph (1)(e) must secure that the grounds on

which a person may appeal against a decision of the administrator include the

following—

(a)
that the decision was based on an error of fact;

(b)
that the decision was wrong in law;

(c)
that the decision was unreasonable.

Discretionary requirements

12  (1)
The regulations may make provision conferring on an administrator the power

by notice to impose one or more discretionary requirements 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 “discretionary requirement” means—

(a)
a requirement to pay a monetary penalty to an administrator of such

amount as the administrator may determine, or

(b)
a requirement to take such steps as an administrator may specify,

within such period as the administrator may specify, to secure that the

breach does not continue or recur.

      (4)
In this Schedule—

“variable monetary penalty” means a requirement referred to in sub-

paragraph (3)(a);

“non-monetary discretionary requirement” means a requirement referred to

in sub-paragraph (3)(b).

      (5)
The regulations must, in relation to each kind of breach of regulations under

this Schedule for which a variable monetary penalty may be imposed—

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Climate Change Bill [Lords], continued

(a)
specify the maximum penalty that may be imposed for a breach of that

kind, or

(b)
provide for that maximum to be determined in accordance with the

regulations.

      (6)
The regulations may not permit discretionary requirements to be imposed on a

person on more than one occasion in relation to the same act or omission.

Discretionary requirements: procedure

13  (1)
Provision under paragraph 12 must secure that—

(a)
where an administrator proposes to impose a discretionary

requirement 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)
that person may make written representations and objections to the

administrator in relation to the proposed imposition of the

discretionary requirement,

(c)
after the end of the period for making such representations and

objections, the administrator must decide whether to—

(i)
impose the discretionary requirement, with or without

modifications, or

(ii)
impose any other discretionary requirement that the

administrator has power to impose under paragraph 12,

(d)
where the administrator decides to impose a discretionary

requirement, the notice imposing it (the “final notice”) complies with

sub-paragraph (4), and

(e)
the person on whom a discretionary requirement 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 discretionary requirement,

(b)
the right to make representations and objections,

(c)
the circumstances in which the administrator may not impose the

discretionary requirement,

(d)
the period within which representations and objections may be made,

which may not be less than the period of 28 days beginning with the

day on which the notice of intent is received.

      (3)
Provision pursuant to sub-paragraph (1)(c) must include provision for

circumstances in which the administrator may not decide to impose a fixed

monetary penalty.

      (4)
To comply with this sub-paragraph the final notice referred to in sub-paragraph

(1)(d) must include information as to—

(a)
the grounds for imposing the discretionary requirement,

(b)
where the discretionary requirement is a variable monetary penalty—

(i)
how payment may be made,

(ii)
the period within which payment must be made, and

(iii)
any early payment discounts or late payment penalties,

(c)
rights of appeal, and

(d)
the consequences of non-compliance.

      (5)
Provision pursuant to sub-paragraph (1)(e) must secure that the grounds on

which a person may appeal against a decision of the administrator include the

following—

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Climate Change Bill [Lords], continued

(a)
that the decision was based on an error of fact;

(b)
that the decision was wrong in law;

(c)
in the case of a variable monetary penalty, that the amount of the

penalty is unreasonable;

(d)
in the case of a non-monetary discretionary requirement, that the

nature of the requirement is unreasonable;

(e)
that the decision was unreasonable for any other reason.

Discretionary requirements: enforcement

14  (1)
Provision under paragraph 12 may include provision for a person to pay a

monetary penalty (a “non-compliance penalty”) to an administrator if the

person fails to comply with a non-monetary discretionary requirement

imposed on the person.

      (2)
Provision under sub-paragraph (1) may—

(a)
specify the amount of the non-compliance penalty or provide for that

amount to be determined in accordance with the regulations, or

(b)
provide for the amount to be determined by the administrator or in

some other way.

      (3)
If the regulations make provision within sub-paragraph (2)(b), they must, in

relation to each kind of failure for which a non-compliance penalty may be

imposed—

(a)
specify the maximum penalty that may be imposed for a failure of that

kind, or

(b)
provide for that maximum to be determined in accordance with the

regulations.

      (4)
Provision under sub-paragraph (1) must secure that—

(a)
the non-compliance penalty is imposed by notice served by the

administrator, and

(b)
the person on whom it is imposed may appeal against that notice.

      (5)
Provision pursuant to paragraph (b) of sub-paragraph (4) must secure that the

grounds on which a person may appeal against a notice referred to in that sub-

paragraph include the following—

(a)
that the decision to serve the notice was based on an error of fact;

(b)
that the decision was wrong in law;

(c)
that the decision was unfair or unreasonable for any reason (including,

in a case where the amount of the non-compliance penalty was

determined by the administrator, that the amount is unreasonable).

Combination of sanctions

15  (1)
Provision may not be made under paragraphs 10 and 12 conferring powers on

an administrator in relation to the same kind of breach of regulations under this

Schedule unless it complies with the following requirements.

      (2)
The provision must secure that the administrator may not serve a notice of

intent referred to in paragraph 11(1)(a) on a person in relation to a breach

where a discretionary requirement has been imposed on that person in relation

to the same breach.

      (3)
Such provision must secure that the administrator may not serve a notice of

intent referred to in paragraph 13(1)(a) on a person in relation to a breach

where—

(a)
a fixed monetary penalty has been imposed on that person in relation

to the same breach, or