|
| |
|
(2) | A grant under this section may be made subject to such conditions as may be |
| |
determined by, or in accordance with arrangements made by, the national |
| |
authority that makes the grant. |
| |
52 | Power to make consequential provision |
| |
A national authority may by regulations— |
| 5 |
(a) | make such provision amending, repealing or revoking any enactment |
| |
as the authority considers appropriate in consequence of provision |
| |
made by that authority by regulations under section 42 (trading |
| |
| |
(b) | make such transitional provision and savings as the authority considers |
| 10 |
appropriate in connection with the coming into effect of such provision. |
| |
| |
53 | Interpretation of Part 3 |
| |
| |
“administrator”, in relation to a trading scheme, means a person |
| 15 |
appointed as the administrator of the scheme by regulations under |
| |
paragraph 21 of Schedule 2; |
| |
“participant”, in relation to a trading scheme, means a person to whom the |
| |
scheme applies by virtue of regulations under paragraph 4 or 15 of |
| |
| 20 |
“trading period”, in relation to a trading scheme, means a period by |
| |
reference to which the scheme is to operate by virtue of regulations |
| |
under paragraph 2 or 13 of Schedule 2. |
| |
| |
Impact of and adaptation to climate change |
| 25 |
National reports and programmes |
| |
54 | Report on impact of climate change |
| |
(1) | It is the duty of the Secretary of State to lay reports before Parliament |
| |
containing an assessment of the risks for the United Kingdom of the current |
| |
and predicted impact of climate change. |
| 30 |
(2) | The first report under this section must be laid before Parliament no later than |
| |
three years after this section comes into force. |
| |
(3) | Subsequent reports must be laid before Parliament no later than five years after |
| |
the previous report was so laid. |
| |
(4) | The Secretary of State may extend the period for laying any such report, but |
| 35 |
must publish a statement setting out the reasons for the delay and specifying |
| |
when the report will be laid before Parliament. |
| |
(5) | Before laying a report under this section before Parliament, the Secretary of |
| |
State must take into account the advice of the Committee on Climate Change |
| |
| 40 |
|
| |
|
| |
|
(6) | The Secretary of State must send a copy of each report under this section to the |
| |
other national authorities. |
| |
55 | Advice of Committee on Climate Change on impact report |
| |
(1) | It is the duty of the Committee on Climate Change to advise the Secretary of |
| |
State on the preparation of each of the Secretary of State’s reports under section |
| 5 |
| |
(2) | The Committee must give its advice under this section in relation to a report |
| |
not later than six months before the last date for laying the report before |
| |
Parliament (see subsections (2) to (4) of section 54). |
| |
(3) | The Committee must, at the time it gives its advice under this section to the |
| 10 |
Secretary of State, send a copy to the other national authorities. |
| |
(4) | As soon as is reasonably practicable after giving its advice under this section |
| |
the Committee must publish that advice in such manner as it considers |
| |
| |
56 | Programme for adaptation to climate change |
| 15 |
(1) | It is the duty of the Secretary of State to lay programmes before Parliament |
| |
| |
(a) | the objectives of Her Majesty’s Government in the United Kingdom in |
| |
relation to adaptation to climate change, |
| |
(b) | the Government’s proposals and policies for meeting those objectives, |
| 20 |
| |
(c) | the time-scales for introducing those proposals and policies, |
| |
| addressing the risks identified in the most recent report under section 54. |
| |
(2) | The objectives, proposals and policies must be such as to contribute to |
| |
| 25 |
(3) | Each programme under this section must be laid before Parliament as soon as |
| |
is reasonably practicable after the laying of the report under section 54 to which |
| |
| |
(4) | The Secretary of State must send a copy of each programme under this section |
| |
to the other national authorities. |
| 30 |
57 | Reporting on progress in connection with adaptation |
| |
(1) | Each report of the Committee on Climate Change under section 34 to which |
| |
this section applies must contain an assessment of the progress made towards |
| |
implementing the objectives, proposals and policies set out in the programmes |
| |
laid before Parliament under section 56 (adaptation to climate change). |
| 35 |
(2) | This section applies to the report in the second year after that in which the |
| |
Secretary of State lays the first programme under section 56 before Parliament. |
| |
(3) | After that, this section applies to the report under section 34 in every second |
| |
year after that in which the Committee last made a report to which this section |
| |
applies, subject to any order under subsection (4). |
| 40 |
|
| |
|
| |
|
(4) | The Secretary of State may by order provide that this section shall apply to the |
| |
report under section 34 in the year specified in the order and in every |
| |
| |
(5) | An order under subsection (4) is subject to negative resolution procedure. |
| |
58 | Programme for adaptation to climate change: Northern Ireland |
| 5 |
(1) | It is the duty of the relevant Northern Ireland department to lay programmes |
| |
before the Northern Ireland Assembly setting out— |
| |
(a) | the objectives of the department in relation to adaptation to climate |
| |
| |
(b) | the department’s proposals and policies for meeting those objectives, |
| 10 |
| |
(c) | the time-scales for introducing those proposals and policies, |
| |
| addressing the risks identified in the most recent report under section 54. |
| |
(2) | The objectives, proposals and policies must be such as to contribute to |
| |
| 15 |
(3) | The second and each subsequent programme under this section must contain |
| |
an assessment of the progress made towards implementing the objectives, |
| |
proposals and policies set out in earlier programmes. |
| |
(4) | Each programme under this section must be laid before the Northern Ireland |
| |
Assembly as soon as is reasonably practicable after the laying before |
| 20 |
Parliament of the report under section 54 to which it relates. |
| |
(5) | The relevant Northern Ireland department must send a copy of each |
| |
programme under this section to the other national authorities. |
| |
Reporting authorities: non-devolved functions |
| |
59 | Guidance by Secretary of State to reporting authorities |
| 25 |
(1) | The Secretary of State may issue guidance to reporting authorities about— |
| |
(a) | assessing the current and predicted impact of climate change in relation |
| |
to the authorities’ functions, |
| |
(b) | preparing proposals and policies for adapting to climate change in the |
| |
exercise of their functions, and |
| 30 |
(c) | co-operating with other reporting authorities for that purpose. |
| |
(2) | This section does not apply to devolved functions. |
| |
60 | Directions by Secretary of State to prepare reports |
| |
(1) | The Secretary of State may direct a reporting authority to prepare a report |
| |
containing any of the following— |
| 35 |
(a) | an assessment of the current and predicted impact of climate change in |
| |
relation to the authority’s functions; |
| |
(b) | a statement of the authority’s proposals and policies for adapting to |
| |
climate change in the exercise of its functions and the time-scales for |
| |
introducing those proposals and policies; |
| 40 |
|
| |
|
| |
|
(c) | an assessment of the progress made by the authority towards |
| |
implementing the proposals and policies set out in its previous reports. |
| |
(2) | The Secretary of State may direct two or more reporting authorities to prepare |
| |
| |
(3) | The Secretary of State may give directions about— |
| 5 |
(a) | the time within which a report must be prepared, and |
| |
| |
| and may, in particular, require it to cover a particular geographical area. |
| |
(4) | This section does not apply to devolved functions. |
| |
61 | Compliance with Secretary of State’s directions |
| 10 |
(1) | A reporting authority must comply with any directions under section 60. |
| |
(2) | Where two or more reporting authorities are directed to prepare a joint report, |
| |
they must take reasonable steps to co-operate with each other for that purpose. |
| |
(3) | In preparing a report, a reporting authority must have regard to the following, |
| |
| 15 |
(a) | the most recent report under section 54 (report on impact of climate |
| |
| |
(b) | the most recent programme under section 56 (programme for |
| |
adaptation to climate change); |
| |
(c) | any guidance issued by the Secretary of State under section 59. |
| 20 |
| |
(a) | has functions that are exercisable in or as regards Wales, or |
| |
(b) | has devolved Welsh functions, |
| |
| it must also have regard, so far as relevant, to any guidance issued by the |
| |
Welsh Ministers under section 64 and the most recent report under section 77 |
| 25 |
(report on climate change: Wales). |
| |
(5) | The authority must send a copy of the report to the Secretary of State. |
| |
(6) | The Secretary of State must publish the report in such manner as the Secretary |
| |
of State considers appropriate. |
| |
(7) | This does not require the Secretary of State to publish— |
| 30 |
(a) | information the Secretary of State could refuse to disclose in response |
| |
| |
(i) | the Freedom of Information Act 2000 (c. 36), or |
| |
(ii) | the Environmental Information Regulations 2004 (S.I. 2004/ |
| |
3391) or any regulations replacing those regulations; |
| 35 |
(b) | information whose disclosure is prohibited by any enactment. |
| |
(8) | The authority must have regard to the report in exercising its functions other |
| |
than its devolved functions. |
| |
62 | Consent of, or consultation with, devolved authorities |
| |
(1) | The Secretary of State must obtain the consent of a devolved authority before |
| 40 |
issuing guidance under section 59 or giving a direction under section 60 |
| |
relating to functions in relation to which— |
| |
|
| |
|
| |
|
(a) | functions are exercisable jointly by that devolved authority and a |
| |
Minister of the Crown, or |
| |
(b) | functions are exercisable by a Minister of the Crown only with the |
| |
agreement of that devolved authority. |
| |
(2) | The Secretary of State must consult a devolved authority before issuing |
| 5 |
guidance under section 59 or giving a direction under section 60 relating to |
| |
functions in relation to which— |
| |
(a) | functions are exercisable by that devolved authority other than jointly |
| |
with a Minister of the Crown, or |
| |
(b) | functions are exercisable by a Minister of the Crown only after |
| 10 |
consultation with that devolved authority. |
| |
63 | Report on exercise of power to give directions |
| |
(1) | It is the duty of the Secretary of State to lay reports before Parliament setting |
| |
out how the Secretary of State intends to exercise the power under section 60 |
| |
to give directions to reporting authorities. |
| 15 |
(2) | The reports must, in particular, identify— |
| |
(a) | the circumstances in which directions are likely to be given, and |
| |
(b) | the authorities or kinds of authority to whom the Secretary of State |
| |
considers directions should be given as a matter of priority. |
| |
(3) | Nothing in a report under this section affects the exercise of the Secretary of |
| 20 |
State’s power under section 60. |
| |
(4) | Before laying a report under this section before Parliament the Secretary of |
| |
State must consult such persons likely to be affected by the report as the |
| |
Secretary of State considers appropriate. |
| |
(5) | The first report under this section must be laid before Parliament no later than |
| 25 |
12 months after this Act is passed. |
| |
(6) | Subsequent reports must be laid before Parliament no later than the time when |
| |
the next programme under section 56 is so laid. |
| |
(7) | The Secretary of State must send a copy of each report under this section to the |
| |
other national authorities. |
| 30 |
Reporting authorities: devolved Welsh functions |
| |
64 | Guidance by Welsh Ministers to reporting authorities |
| |
The Welsh Ministers may issue guidance to reporting authorities about— |
| |
(a) | assessing the current and predicted impact of climate change in relation |
| |
to the authorities’ devolved Welsh functions, |
| 35 |
(b) | preparing proposals and policies for adapting to climate change in the |
| |
exercise of those functions, and |
| |
(c) | co-operating with other reporting authorities for that purpose. |
| |
65 | Directions by Welsh Ministers to prepare reports |
| |
(1) | The Welsh Ministers may direct a reporting authority to prepare a report |
| 40 |
containing any of the following— |
| |
|
| |
|
| |
|
(a) | an assessment of the current and predicted impact of climate change in |
| |
relation to the authority’s devolved Welsh functions; |
| |
(b) | a statement of the authority’s proposals and policies for adapting to |
| |
climate change in the exercise of those functions and the time-scales for |
| |
introducing those proposals and policies; |
| 5 |
(c) | an assessment of the progress made by the authority towards |
| |
implementing the proposals and policies set out in its previous reports. |
| |
(2) | The Welsh Ministers may direct two or more reporting authorities to prepare |
| |
| |
(3) | The Welsh Ministers may give directions about— |
| 10 |
(a) | the time within which a report must be prepared, and |
| |
| |
| and may, in particular, require it to cover a particular geographical area. |
| |
66 | Compliance with Welsh Ministers’ directions |
| |
(1) | A reporting authority must comply with any directions under section 65. |
| 15 |
(2) | Where two or more reporting authorities are directed to prepare a joint report, |
| |
they must take reasonable steps to co-operate with each other for that purpose. |
| |
(3) | In preparing a report, a reporting authority must have regard to the following, |
| |
| |
(a) | the most recent report under section 54 (report on impact of climate |
| 20 |
| |
(b) | the most recent programme under section 56 (programme for |
| |
adaptation to climate change); |
| |
(c) | any guidance issued by the Secretary of State under section 59; |
| |
(d) | any guidance issued by the Welsh Ministers under section 64; |
| 25 |
(e) | the most recent report under section 77 (report on climate change: |
| |
| |
(4) | The authority must send a copy of the report to the Welsh Ministers. |
| |
(5) | The Welsh Ministers must publish the report in such manner as they consider |
| |
| 30 |
(6) | This does not require the Welsh Ministers to publish— |
| |
(a) | information they could refuse to disclose in response to a request |
| |
| |
(i) | the Freedom of Information Act 2000 (c. 36), or |
| |
(ii) | the Environmental Information Regulations 2004 (S.I. 2004/ |
| 35 |
3391) or any regulations replacing those regulations; |
| |
(b) | information whose disclosure is prohibited by any enactment. |
| |
(7) | The authority must have regard to the report in exercising its devolved Welsh |
| |
| |
67 | Consent of, or consultation with, Secretary of State |
| 40 |
(1) | The Welsh Ministers must obtain the consent of the Secretary of State before |
| |
issuing guidance under section 64 or giving a direction under section 65 |
| |
relating to functions in relation to which— |
| |
|
| |
|
| |
|
(a) | functions are exercisable by a Minister of the Crown jointly with the |
| |
Welsh Ministers, the First Minister or the Counsel General, or |
| |
(b) | functions are exercisable by the Welsh Ministers, the First Minister or |
| |
the Counsel General only with the agreement of a Minister of the |
| |
| 5 |
(2) | The Welsh Ministers must consult the Secretary of State before issuing |
| |
guidance under section 64 or giving a direction under section 65 relating to |
| |
functions in relation to which— |
| |
(a) | functions are exercisable by a Minister of the Crown other than jointly |
| |
with the Welsh Ministers, the First Minister or the Counsel General, or |
| 10 |
(b) | functions are exercisable by the Welsh Ministers, the First Minister or |
| |
the Counsel General only after consultation with a Minister of the |
| |
| |
| |
| 15 |
(1) | In sections 59 to 67 and this section “reporting authority” means— |
| |
(a) | a person or body with functions of a public nature, |
| |
(b) | a person who is or is deemed to be a statutory undertaker for the |
| |
purposes of any provision of— |
| |
(i) | Part 11 of the Town and Country Planning Act 1990 (c. 8) (see |
| 20 |
section 262 of that Act), or |
| |
(ii) | Part 10 of the Town and Country Planning (Scotland) Act 1997 |
| |
(c. 8) (see section 214 of that Act), or |
| |
(c) | a person who is a statutory undertaker within the meaning of the |
| |
Planning (Northern Ireland) Order 1991 (S.I. 1991/1220 (N.I. 11)) (see |
| 25 |
Article 2(1) of that Order). |
| |
(2) | None of the following are reporting authorities for the purposes of those |
| |
sections and this section— |
| |
(a) | a Minister of the Crown; |
| |
(b) | either House of Parliament; |
| 30 |
(c) | a devolved authority; |
| |
(d) | a devolved legislature. |
| |
(3) | In those sections and this section “devolved authority” means— |
| |
(a) | the Welsh Ministers, the First Minister or the Counsel General, |
| |
(b) | the Scottish Ministers, the First Minister, the Lord Advocate or the |
| 35 |
Solicitor General for Scotland, or |
| |
(c) | a Minister within the meaning of the Northern Ireland Act 1998 (c. 47) |
| |
or a Northern Ireland department. |
| |
(4) | References in those sections to a reporting authority’s “devolved functions” are |
| |
| 40 |
(a) | conferred or imposed by or under a Measure or Act of the National |
| |
| |
(b) | exercisable in or as regards Wales and relating to matters within the |
| |
legislative competence of the National Assembly for Wales, |
| |
(c) | exercisable in or as regards Scotland and relating to matters within the |
| 45 |
legislative competence of the Scottish Parliament, |
| |
|
| |
|