House of Commons - Explanatory Note

Climate Change Bill [HL] - continued	House of Commons

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Reporting authorities: non-devolved functions

Clause 59: Guidance by Secretary of State to reporting authorities

241. This clause gives the Secretary of State a power to issue guidance to "reporting authorities". The term "reporting authority" is defined in clause 68(1) to mean any person or body with functions of a public nature, and statutory undertakers.

242. Subsection (1) gives the Secretary of State the power to issue guidance. It provides that the guidance may deal with how reporting authorities should assess the current and predicted impact of climate change, how they should prepare proposals and policies to adapt to climate change and how they should co-operate with other reporting authorities when adapting to climate change.

243. Subsection (2) means that the guidance will not apply to a reporting authority's "devolved functions". Clause 68 sets out how to determine what a reporting authority's "devolved functions" are - see the notes on that clause for more detail.

Clause 60: Directions by Secretary of State to prepare reports

244. This clause allows the Secretary of State to require reporting authorities, individually or jointly with other reporting authorities, to prepare reports on adaptation.

245. Subsection (1) provides that the Secretary of State may require a reporting authority to prepare a report covering any or all of the following matters:

an assessment of the current and predicted impact of climate change on the authority's functions;

a statement setting out the authority's proposals and policies for adapting to climate change, and its timescales for introducing the proposals and policies;

an assessment of the progress the authority has made towards implementing any proposals and policies contained in an earlier report.

246. Subsection (2) allows the Secretary of State to require two or more authorities to prepare a joint report. Subsection (3) allows the Secretary of State to give directions to the reporting authority about the timing of the report and the matters it should cover, and allows the Secretary of State to limit the report's coverage to a particular geographical area.

247. Subsection (4) has the effect that the Secretary of State cannot require an authority to produce a report dealing with how it will adapt to the impact of climate change in relation to its "devolved functions" (defined in clause 68 - see the notes on that clause for more information). But the Secretary of State can require the report to cover all of the authority's other, non-devolved, functions.

Clause 61: Compliance with Secretary of State's directions

248. This clause requires any reporting authority issued with directions under clause 60 to comply with them and sets out other details of how they must prepare their reports.

249. Subsection (1) sets out the basic duty on reporting authorities to comply with directions. Subsection (2) provides that where two or more reporting authorities have been directed to prepare a joint report, then they must take reasonable steps to cooperate with one another in preparing it.

250. Subsection (3) lists a number of reports and programmes that all reporting authorities must have regard to when preparing their own reports following a direction from the Secretary of State:

the Secretary of State's most recent report on the current and predicted risks of climate change under clause 55;

the Secretary of State's most recent adaptation programme under clause 56; and

any guidance issued by the Secretary of State under clause 59.

But reporting authorities need have regard to those reports and programmes only so far as they are relevant.

251. Subsection (4) applies where the Secretary of State directs a reporting authority which has functions exercisable in or as regards Wales or which has "devolved Welsh functions" (as defined in subsections (6) and (7) of clause 68). In those circumstances, the authority must also have regard, so far as is relevant, to:

any guidance issued by the Welsh Ministers under clause 64; and

the Welsh Ministers' most recent report on climate change under clause 75.

252. Subsection (5) requires a reporting authority to send a copy of its report to the Secretary of State. Subsection (6) requires the Secretary of State to publish the report in such manner as he considers appropriate, but subject to the exceptions in subsection (7). Under subsection (7), the Secretary of State is not required to publish anything that he could refuse to disclose under the Freedom of Information Act 2000 (c.36) or under the Environmental Information Regulations 2004 (S.I. 2004/3391) or which he is prohibited from disclosing by any enactment.

253. Subsection (8) requires reporting authorities to have regard to their own reports in the exercise of all of their functions other than their "devolved functions" (see clause 68 for the definition).

Clause 62: Consent of, or consultation with, devolved authorities

254. This clause deals with situations where one or more of the "devolved authorities" (as defined in clause 68(3)) has an interest or is involved in a function covered by the Secretary of State's guidance under clause 59 or in directions given by the Secretary of State under clause 60. For example, the Secretary of State may wish to issue guidance to reporting authorities in an area where he would normally only have the power to act with the consent of, or following consultation with, one or more of the devolved authorities; this clause sets out the procedures the Secretary of State must follow.

255. Subsection (1) sets out two situations in which the Secretary of State is required to obtain the consent of a devolved authority before issuing guidance under clause 59 or directions under clause 60:

the first situation, under paragraph (a), is where the guidance or directions relate to a function of a reporting authority in relation to which a function is exercisable jointly by the devolved authority and a Minister of the Crown. For example, certain functions on the Welsh border are exercisable jointly by the Secretary of State and the Welsh Ministers; before issuing guidance relating to those functions, the Secretary of State would be required to obtain the consent of the Welsh Ministers;

the second situation, under paragraph (b), is where a function of a reporting authority relates to a function exercisable by a Minister of the Crown but only with the agreement of the devolved authority.

256. Subsection (2) sets out two situations in which the Secretary of State is required to consult a devolved authority before issuing guidance under clause 59 or directions under clause 60:

the first situation, under paragraph (a), is where a devolved authority has a function which relates to a reporting authority's function, but in exercising its function the devolved authority is not required to do so jointly with a Minister of the Crown. This covers situations where a devolved authority and a Minister of the Crown have concurrent functions which cover the same or similar ground but are exercisable independently;

the second situation, under paragraph (b), is where a reporting authority's function relates to a function of a Minister of the Crown which may only be exercised after consulting the devolved authority.

Clause 63: Report on exercise of power to give directions

257. Subsection (1) of this clause requires the Secretary of State to lay reports before Parliament setting out how he intends to exercise his powers under clause 60.

258. Subsection (2) provides that the Secretary of State must state the circumstances in which he is likely to give directions to reporting authorities, and the authorities (or kinds of authorities) to whom directions should be given as a matter of priority; subsection (3) provides that this does not affect the Secretary of State's general discretion as to how he may exercise his power to issue directions.

259. Subsection (4) requires the Secretary of State to consult, as appropriate, persons likely to be affected by his report before he lays it before Parliament.

260. Subsection (5) requires the Secretary of State to lay his first report before Parliament within 12 months of the Bill obtaining Royal Assent. Subsection (6) provides that subsequent reports must be laid before Parliament no later than the time he lays his adaptation programme under clause 56 before Parliament (this means that there will be reports at least every 5 years).

261. Subsection (7) requires the Secretary of State to send a copy of each report to each of the other national authorities.

Reporting authorities: devolved Welsh functions

Clause 64: Guidance by Welsh Ministers to reporting authorities

262. This clause gives the Welsh Ministers a power to issue guidance to reporting authorities in relation to their devolved Welsh functions. It provides that the guidance may deal with how reporting authorities should assess the current and predicted impact of climate change, how they should prepare proposals and policies to adapt to climate change, and how they should co-operate with other reporting authorities when adapting to climate change.

263. Subsections (6) and (7) of clause 68 set out how to determine what a reporting authority's "devolved Welsh functions" are - see the notes on clause 68 for more detail.

Clause 65: Directions by Welsh Ministers to prepare reports

264. This clause allows the Welsh Ministers to require reporting authorities, individually or jointly with other reporting authorities, to prepare reports on adaptation in relation to their devolved Welsh functions.

265. Subsection (1) provides that the Welsh Ministers may require a reporting authority to prepare a report covering any or all of the following matters:

an assessment of the current and predicted impact of climate change on the authority's devolved Welsh functions;

a statement setting out the authority's proposals and policies for adapting to climate change in relation to its devolved Welsh functions and its timescales for introducing the proposals and policies;

an assessment of the progress the authority has made towards implementing any proposals and policies contained in an earlier report.

266. Subsection (2) allows the Welsh Ministers to require two or more authorities to prepare a joint report. Subsection (3) allows the Welsh Ministers to give directions to the reporting authority about the timing of the report and the matters it should cover, and allows the Welsh Ministers to limit the report's coverage to a particular geographical area.

267. The Welsh Ministers can only require a reporting authority to produce a report dealing with the authority's "devolved Welsh functions". See the notes on subsections (6) and (7) of clause 68 for an explanation of what this covers.

Clause 66: Compliance with Welsh Ministers' directions

268. This clause requires any reporting authority issued with directions under clause 65 to comply with them and sets out other details of how they must prepare their reports.

269. Subsection (1) sets out the basic duty on reporting authorities to comply with directions. Subsection (2) provides that where two or more reporting authorities have been directed to prepare a joint report, then they must take reasonable steps to cooperate with one another in preparing it.

270. Subsection (3) lists a number of reports and programmes that all reporting authorities must have regard to when preparing their own reports following a direction from the Welsh Ministers:

the Secretary of State's most recent report on the current and predicted risks of climate change under clause 55;

the Secretary of State's most recent adaptation programme under clause 56;

any guidance issued by the Secretary of State under clause 59;

any guidance issued by the Welsh Ministers under clause 64; and

the Welsh Ministers' most recent report on climate change under clause 75.

But reporting authorities need have regard only to those reports and programmes so far as they are relevant.

271. Subsection (4) requires a reporting authority to send a copy of its report to the Welsh Ministers. Subsection (5) requires the Welsh Ministers to publish the report in such manner as they consider appropriate, but subject to the exceptions in subsection (7). Under subsection (6), the Welsh Ministers are not required to publish anything that they could refuse to disclose under the Freedom of Information Act 2000 (c.36) or under the Environmental Information Regulations 2004 (S.I. 2004/3391) or which they are prohibited from disclosing by any enactment.

272. Subsection (7) requires reporting authorities to have regard to their own reports in the exercise of all of their "devolved Welsh functions" (see clause 68 for the definition).

Clause 67: Consent of, or consultation with, Secretary of State

273. This clause deals with situations where the Secretary of State has an interest or is involved in a function covered by the Welsh Ministers' guidance under clause 64 or in directions given by the Welsh Ministers under clause 65. For example, the Welsh Ministers may wish to issue guidance to reporting authorities in an area where they would otherwise have the power to act only with the consent of, or following consultation with, a Minister of the Crown; this clause sets out the procedures the Welsh Ministers must follow.

274. Subsection (1) sets out two situations in which the Welsh Ministers are required to obtain the consent of the Secretary of State before issuing guidance under clause 64 or directions under clause 65:

the first situation, under paragraph (a), is where the guidance or directions relate to a function of a reporting authority in relation to which a function is exercisable jointly by a Minister of the Crown and the Welsh Ministers, the First Minister or the Counsel General. For example, certain functions on the Welsh border are exercisable jointly by the Secretary of State and the Welsh Ministers; before issuing guidance relating to those functions, the Welsh Ministers would be required to obtain the consent of the Secretary of State;

the second situation, under paragraph (b), is where a function of a reporting authority relates to a function exercisable by the Welsh Ministers, the First Minister or the Counsel General but only with the agreement of a Minister of the Crown.

275. Subsection (2) sets out two situations in which the Welsh Ministers are required to consult the Secretary of State before issuing guidance under clause 64 or directions under clause 65:

the first situation, under paragraph (a), is where a Minister of the Crown has a function which relates to a reporting authority's function, but in exercising his function the Minister of the Crown is not required to do so jointly with the Welsh Ministers, the First Minister or the Counsel General. This covers situations where the Welsh Ministers and a Minister of the Crown have concurrent functions which cover the same or similar ground but are exercisable independently;

the second situation, under paragraph (b), is where a reporting authority's function relates to a function of the Welsh Ministers, the First Minister or the Counsel General which may be exercised only after consulting a Minister of the Crown.

Interpretation

Clause 68: Interpretation

276. Subsection (1) of this clause defines the term "reporting authority" as used in clauses 59 to 67. The term covers any person or body with functions of a public nature (all public sector bodies, except those in subsection (2)) and persons who are, or are deemed to be, "statutory undertakers" under the relevant town and country planning legislation applicable in the different parts of the United Kingdom (for example, many utilities providers).

277. Subsection (2) expressly provides that some persons or bodies who would otherwise be covered are not "reporting authorities", namely any Minister of the Crown, either House of Parliament, any devolved authority (as defined in subsection (3)) and any devolved legislature (as defined in clause 89).

278. Subsection (3) defines the term "devolved authority", for the purposes of clauses 59 to 67 and this clause, to mean:

the Welsh Ministers, the First Minster or the Counsel General

the Scottish Ministers, the First Minister, the Lord Advocate or the Solicitor General for Scotland; and

a Minister within the meaning of the Northern Ireland Act 1998 (c.47) or a Northern Ireland department.

279. Subsection (4) defines what is meant by a reporting authority's "devolved functions" for the purposes of clauses 59 to 67 and this clause. This term covers functions of a reporting authority which are already effectively governed (or are capable of being governed) by the devolved administrations or devolved legislatures, or where the devolved administrations have related functions, and where no related functions are retained by a Minister of the Crown. This provision includes flexibility so that it will continue to reflect the devolution settlements in the future (for example, if the National Assembly for Wales is given further legislative competence).

280. Subsection (5) sets out the situations where functions which are exercisable by a Minister of the Crown are not to be treated as preventing a reporting authority's function being a "devolved function" under subsection (4). Paragraph (a) covers situations where a Minister of the Crown only has a listed continuing or intervention function. Paragraph (b) covers situations where a Minister of the Crown is only required to agree to the exercise of a function by the devolved authority and paragraph (c) covers situations where a Minister of the Crown's only function is to be consulted by the devolved authority.

281. Subsection (6) defines what is meant by a reporting authority's "devolved Welsh functions". This term covers functions of a reporting authority which are already effectively governed (or are capable of being governed) by the Welsh Ministers or the National Assembly for Wales, or in relation to which the Welsh Ministers, the First Minister or the Counsel General have related functions.

282. Subsection (7) sets out some situations in which a reporting authority's functions are not to be treated as "devolved Welsh functions". These are situations in which the Welsh Ministers, the First Minister or the Counsel General have the function only of giving or withholding consent to exercise of functions by, or being consulted by, a Minister of the Crown.

Part 5: Other provisions

Waste reduction schemes

Clause 69 and Schedule 5: Waste reduction schemes

283. This clause and Schedule 5 (which it introduces) allow for the making of waste reduction schemes, which are schemes to incentivise occupiers of domestic premises to produce less waste and recycle more of what they produce.

284. Subsection (1) provides for Schedule 5 to amend the Environmental Protection Act 1990 (c.43). It does so by adding to that Act a new section 60A, which provides that a waste collection authority whose area is in England may make a waste reduction scheme in accordance with a new Schedule to that Act, Schedule 2AA. It is Schedule 2AA which details what a waste reduction scheme is and how it must be made.

285. Subsection (2) provides that Schedule 5 may only be brought into force in accordance with clauses 70 to 73, which allow the Secretary of State to designate certain areas where waste collection authorities may make waste reduction schemes on a pilot basis; following the pilots, the powers to make waste reduction schemes may subsequently be extended to all other areas in England, if the Secretary of State so decides.

286. Subsection (3) provides that for the purposes of clauses 70 to 73, "the waste reduction provisions" means the provisions inserted by Schedule 5 and any subordinate legislation made under those provisions.

Schedule 5: Waste reduction schemes

287. Paragraph 1 inserts new section 60A into the Environmental Protection Act 1990 (c.43), allowing a waste collection authority in England to make a scheme in accordance with new Schedule 2AA.

288. Paragraph 2 inserts a new Schedule 2AA into the Environmental Protection Act 1990.

289. Paragraph 3 amends section 46 of the Environmental Protection Act 1990 (receptacles for household waste). Section 46 allows local authorities to serve a notice requiring occupiers to place waste for collection in receptacles of a kind and number specified; the amendment allows local authorities to also require that occupiers place waste for collection in receptacles identified by specified means, either in addition or as an alternative to requiring them to place waste in specified receptacles.

290. Paragraph 4 amends section 161 of the Environmental Protection Act 1990 (regulations, orders and directions) in order to specify which Parliamentary procedure shall apply to certain statutory instruments made pursuant to the waste reduction provisions. Paragraph 4(2) inserts new section 161(2ZA), which, in combination with paragraph 16(5) of Schedule 2AA, provides that a statutory instrument containing regulations made under paragraph 11 of Schedule 2AA (power to make provision as to administration etc) which modify an Act of Parliament shall be subject to the affirmative resolution procedure. Paragraph 4(3) inserts new section 161(4)(aa), which provides that the following orders made pursuant to Schedule 2AA shall be subject to the affirmative resolution procedure: those orders made under paragraph 2(3) (conditions for making waste reduction scheme), 6(2) (requirement of revenue-neutrality), 15(2) (interpretation), or an order made under paragraph 5(1) (charging: supplementary provisions) where paragraph 16(3) applies.

New Schedule 2AA of the Environmental Protection Act 1990

291. New Schedule 2AA, consisting of sixteen paragraphs, details the rules regarding waste reduction schemes.

292. Paragraph 1(1) describes the purpose of a waste reduction scheme, being to provide a financial incentive to produce less domestic waste and recycle more of what is produced, thus reducing the amount of residual domestic waste. Paragraph 1(2) provides that a scheme may cover the whole or any part of the area of a waste collection authority, and that it may apply to all domestic premises, to domestic premises other than those of a description specified in the scheme, or to those domestic premises whose descriptions are specified in the scheme.

293. Paragraph 2(1) sets out certain conditions which a waste collection authority must have satisfied before it puts a scheme into effect, being (a) that a good recycling service is available to the occupiers of premises within the scheme, and (b) that the scheme takes account of the needs of groups who might be unduly disadvantaged by it, and (c) that the authority has a strategy for preventing, minimising or otherwise dealing with the unauthorised deposit or disposal of waste.

294. Paragraph 2(2)(a) defines a "recycling service" as arrangements for the collection of recyclable domestic waste from premises separately from other waste, and paragraph 2(2)(b) defines a "good" recycling service as a service which meets the standards specified in guidance issued by the Secretary of State. Paragraph 2(3) allows the Secretary of State by order, subject to the affirmative resolution procedure, to amend paragraph 2(1) and (2).

295. Paragraphs 3 to 6 deal with the rules on how authorities may impose charges and give rebates or make payments within a scheme.

296. Paragraph 3(1) states that a waste reduction scheme must provide for a financial incentive which the authority considers will be effective to achieve the purpose of the scheme. Under paragraph 3(2), this incentive may be provided by means of rebates from council tax or by other payments, or by means of charges under paragraph 4, or by any combination of those means.

297. Paragraph 4(1) allows a waste reduction scheme to include provision for charging occupiers by reference to the amount of residual waste collected, the size of receptacles used, the number of receptacles, or the frequency of collection, or by any combination of these factors. Paragraph 4(2) allows that the scheme may in particular require occupiers, by notice under section 46 of the Environmental Protection Act 1990, to place residual waste in receptacles of a specified kind and/or to identify such receptacles in a specified way.

298. Paragraph 4(3) specifies that a charge under paragraph 4 in respect of a receptacle is in addition to any charge under section 46 of the Environmental Protection Act 1990 in respect of the cost of providing the receptacle. Paragraph 4(4) specifies that the amount of any charge under paragraph 4 need not be related to the authority's costs.

299. Paragraph 4(5) allows a scheme to provide as to the person or persons by whom any charge is payable. Paragraph 4(6) allows a scheme to require any charge to be paid in advance on the basis of an estimate of the amount likely to be payable, or to require payments to be made on account or by instalments.

300. Paragraph 5 sets out supplementary provisions in relation to charging. Paragraph 5(1) allows the Secretary of State by order to limit the amount of a charge under paragraph 4 that may be imposed in respect of any premises in any financial year. Paragraph 16(2) and (3) provides that an order under paragraph 5(1) would be subject to the negative resolution procedure, except where it is the first such order to be made or if, on subsequent occasions, it increases the charge limit by more than is necessary to reflect changes in the value of money.

301. Paragraph 5(2) provides that where an occupier fails to pay a charge under paragraph 4 this does not affect an authority's duty under section 45(1)(a) of the Environmental Protection Act 1990 to arrange for collection of the occupier's household waste.

302. Paragraph 5(3) provides that section 45(3) of the Environmental Protection Act 1990, which places a general prohibition on charging for collection of household waste, takes effect subject to the ability of authorities to make charges under paragraph 4.

303. Paragraph 6(1) provides that from year to year, and taking one year with another, the aggregate amount of charges under a waste reduction scheme must not exceed the aggregate amount of the rebates or other payments under the scheme. This means that where the payment of charges is required, schemes must be revenue neutral. Paragraph 6(2) allows the Secretary of State by order to amend paragraph 6(1). Paragraph 6(3) stipulates that any such order amending paragraph 6(1) may also make consequential amendments to paragraph 4(4). Any order under paragraph 6 will be subject to the affirmative resolution procedure.

304. Paragraph 7(1) states that an authority must comply with the requirements in paragraph 7(2) and (3) on communicating the provisions of a scheme, before the scheme comes into operation. Paragraph 7(2) provides that an authority must publish the scheme in such manner as it considers appropriate. Paragraph 7(3) provides that an authority must send to the occupier of any premises within a scheme a notice detailing the requirements of the scheme with regard to collection, any rebates or other payments available and the manner in which they are to be made, and any charges and the manner in which they are to be collected.

305. Paragraph 8 provides that a scheme must contain provision enabling a person to appeal against any decision affecting, directly or indirectly, that person's entitlement to a rebate or other payment, or liability to pay a charge, under the scheme.

306. Paragraph 9(1) provides that an authority must keep a separate account of any rebates or other payments under the scheme and any charges received by it under the scheme. Paragraph 9(2) allows any person interested to inspect the account and make copies of it or any part of it, at any reasonable time and without payment. Paragraph 9(3) and (4) provide that it is an offence for any person having custody of the account to obstruct intentionally a person exercising their rights under paragraph 9(2), and that a person guilty of such an offence is liable to a fine not exceeding level 3 on the standard scale (currently £1000).

307. Paragraph 10(1) provides that where a waste collection authority that operates a scheme is not also the waste disposal authority for that area, 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 which is attributable to the scheme. The possibility of such payments by the disposal authority has been provided for because a disposal authority may benefit from a scheme by having less waste to deal with, but such a benefit would arise from the implementation of a waste reduction scheme by the collection authority.

308. Paragraph 10(2) provides that the collection authority must supply information to the disposal authority to enable the disposal authority to determine the appropriate level of payment under paragraph 10(1).

309. Paragraph 11 gives the Secretary of State the power to make regulations as to the administration of waste reduction schemes. Regulations under this paragraph would be made under negative resolution procedure (under section 161(2ZA) of the Environmental Protection Act 1990), unless they amend an Act of Parliament.

310. Paragraph 11(1) enables such regulations to make provision about how the amount of any rebate or other payment is to be determined and how it is to be given, and how the amount of any charge is to be determined and how it is to be collected or enforced.

311. Paragraph 11(2) makes clear that such regulations may in particular provide for appeals against determination or any failure to make a determination, for the appointment of persons or bodies to hear appeals, and for charges to be recoverable, if a county court so orders, as if they were payable under a county court order,

312. Paragraph 11(3) allows the regulations to provide that the administration of a waste reduction scheme may be integrated with the administration of council tax (and by sub-paragraph (3)(b) the regulations may provide for consequential modification of council tax legislation). Paragraph 11(4) provides further detail on this: in particular, the regulations may provide: (a) for including material relating to the scheme in the council tax demand notice, (b) for applying the procedure for appeals about liability to council tax to questions arising under the scheme, and (c) for applying the procedures on enforcement of council tax liability to any liability under the scheme.

313. Paragraph 12 allows an authority to use information it obtains under council tax legislation for the purposes of administering a waste reduction scheme.

314. Paragraph 13(1) allows an authority to amend or revoke its scheme. Paragraph 13(2) provides that, before bringing an amendment into operation, the authority must publish the amended scheme in such manner as it thinks appropriate and, if the amendment affects any matters previously notified to occupiers, send a notice to the occupier of any premises within the scheme explaining the effect of the amendment.

315. Paragraph 13(3) states that the amendment or revocation of a scheme does not affect any entitlement or liability under the scheme in respect of a period before the amendment or revocation takes effect. Paragraph 13(4) states that the revocation of a scheme does not affect the duty of an authority to comply with paragraph 6(1), the requirement of revenue-neutrality.

316. Paragraph 14(1) allows the Secretary of State to issue guidance to waste collection authorities and waste disposal authorities as to the exercise of their functions in relation to waste reduction schemes. Paragraph 14(2) provides that any such guidance must be published in such manner as the Secretary of State considers appropriate and may be amended or replaced by further guidance, or revoked. Paragraph 14(3) provides that waste collection authorities and waste disposal authorities must have regard to any such guidance.

317. Paragraph 15(1) defines the terms "domestic premises", "domestic waste", "enactment", "recyclable waste", "residual domestic waste" and "specified" used in Schedule 2AA. Paragraph 15(2) allows the Secretary of State by order, subject to affirmative resolution, to amend the definition of "domestic premises". Paragraph 15(3) states that references in Schedule 2AA to recycling include re-using and composting.

318. Paragraph 16 details which Parliamentary procedure applies to certain powers within Schedule 2AA to make order and regulations.

319. Paragraph 16(1) provides that the affirmative resolution procedure applies to an order made under paragraph 2(3) (amending the conditions for making a scheme), 6(2) (amending the requirement of revenue-neutrality) or 15(2) (amending the definition of "domestic premises").

320. Paragraph 16(2) and paragraph 16(3) provide that the negative resolution procedure applies to an order made under paragraph 5(1) (setting a limit on the amount of the charge), except where it is the first such order to be made or where it increases the limit by more than is necessary to reflect changes in the value of money since the limit was previously set, in which cases the affirmative resolution procedure applies.

321. Paragraph 16(4) and paragraph 16(5) provide that the negative resolution procedure applies to regulations made under paragraph 11 (making provision as to administration), except where they modify an Act of Parliament, in which case the affirmative resolution procedure applies.

322. Paragraph 16(6) defines "affirmative resolution procedure".

Prepared: 2 April 2008