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Climate Change Bill [HL]


Climate Change Bill [HL]
Part 4 — Impact of and adaptation to climate change

25

 

(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

schemes);

(b)   

make such transitional provision and savings as the authority considers

10

appropriate in connection with the coming into effect of such provision.

Interpretation

53      

Interpretation of Part 3

In this Part—

“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

Schedule 2;

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.

Part 4

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

under section 55.

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Climate Change Bill [HL]
Part 4 — Impact of and adaptation to climate change

26

 

(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

54.

(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

appropriate.

56      

Programme for adaptation to climate change

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(1)   

It is the duty of the Secretary of State to lay programmes before Parliament

setting out —

(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

and

(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

sustainable development.

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(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

it relates.

(4)   

The Secretary of State must send a copy of each programme under this section

to the other national authorities.

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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).

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(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).

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Climate Change Bill [HL]
Part 4 — Impact of and adaptation to climate change

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(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

subsequent year.

(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

change,

(b)   

the department’s proposals and policies for meeting those objectives,

10

and

(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

sustainable development.

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(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

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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

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(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

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(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—

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(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;

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Climate Change Bill [HL]
Part 4 — Impact of and adaptation to climate change

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(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

a joint report.

(3)   

The Secretary of State may give directions about—

5

(a)   

the time within which a report must be prepared, and

(b)   

its content,

   

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,

so far as relevant—

15

(a)   

the most recent report under section 54 (report on impact of climate

change);

(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

(4)   

If the authority—

(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

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(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

to a request under—

(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—

 
 

Climate Change Bill [HL]
Part 4 — Impact of and adaptation to climate change

29

 

(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.

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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—

 
 

Climate Change Bill [HL]
Part 4 — Impact of and adaptation to climate change

30

 

(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

a joint report.

(3)   

The Welsh Ministers may give directions about—

10

(a)   

the time within which a report must be prepared, and

(b)   

its content,

   

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,

so far as relevant—

(a)   

the most recent report under section 54 (report on impact of climate

20

change);

(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:

Wales).

(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

appropriate.

30

(6)   

This does not require the Welsh Ministers to publish—

(a)   

information they could refuse to disclose in response to a request

under—

(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

functions.

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—

 
 

Climate Change Bill [HL]
Part 4 — Impact of and adaptation to climate change

31

 

(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

Crown.

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

Crown.

Interpretation

68      

Interpretation

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;

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(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

to functions—

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(a)   

conferred or imposed by or under a Measure or Act of the National

Assembly for Wales,

(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,

 
 

 
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