Climate Change Bill [HL]

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Climate Change Bill [HL]

Climate Change Bill [HL]
Part 4 — Impact of and adaptation to climate change
32

(d)
exercisable in or as regards Northern Ireland and relating to transferred
matters within the meaning of the Northern Ireland Act 1998 (c. 47), or
(e)
in relation to which functions are exercisable by a devolved authority,

and in relation to which no functions are exercisable by a Minister of the
Crown.
5
(5)
For this purpose functions are not to be regarded as exercisable by a Minister
of the Crown in relation to a reporting authority’s functions merely because—
(a)
the Minister of the Crown may exercise functions—
(i)
under section 2(2) of the European Communities Act 1972
(c. 68),
10
(ii)
by virtue of section 57(1) or under section 58 of the Scotland Act
1998 (c. 46) (Community and international obligations),
(iii)
under section 27 or 28 of the Northern Ireland Act 1998
(international etc obligations),
(iv)
by virtue of paragraph 5 of Schedule 3 to the Government of
15
Wales Act 2006 (c. 32) or under section 82 of that Act
(Community and international obligations), or
(v)
under section 152 of that Act (intervention in case of functions
relating to water etc),

in relation to the reporting authority’s functions,
20
(b)
the Minister of the Crown’s agreement is required to the exercise of a
function by a devolved authority in relation to the reporting authority’s
functions, or
(c)
the Minister of the Crown must be consulted by a devolved authority
about the exercise of a function in relation to the reporting authority’s
25
functions.
(6)
References in those sections to a reporting authority’s “devolved Welsh
functions” are to functions—
(a)
conferred or imposed by or under a Measure or Act of the National
Assembly for Wales,
30
(b)
exercisable in or as regards Wales and relating to matters within the
legislative competence of the National Assembly for Wales, or
(c)
in relation to which functions are exercisable by the Welsh Ministers,
the First Minister or the Counsel General.
(7)
For this purpose functions are not to be regarded as exercisable by the Welsh
35
Ministers, the First Minister or the Counsel General in relation to a reporting
authority’s functions merely because—
(a)
the agreement of the Welsh Ministers, the First Minister or the Counsel
General is required to the exercise of a function by a Minister of the
Crown in relation to the reporting authority’s functions, or
40
(b)
the Welsh Ministers, the First Minister or the Counsel General must be
consulted by a Minister of the Crown about the exercise of a function in
relation to the reporting authority’s functions.
(8)
In those sections and this section—
(a)
“Counsel General” and “Wales” have the same meanings as in the
45
Government of Wales Act 2006 (c. 32);
(b)
“Minister of the Crown” includes a government department.

Climate Change Bill [HL]
Part 5 — Other provisions
33

Part 5
Other provisions
Waste reduction schemes
69
Waste reduction schemes
(1)
Schedule 5 amends the Environmental Protection Act 1990 (c. 43) to provide
5
for the making of waste reduction schemes.
(2)
The provisions inserted by that Schedule come into force in accordance with
sections 70 to 73 below.
(3)
In those sections “the waste reduction provisions” means the provisions
inserted by that Schedule and any subordinate legislation made under those
10
provisions.
70
Waste reduction provisions: piloting
(1)
If a waste collection authority submits to the Secretary of State proposals for a
waste reduction scheme and the proposals are approved by the Secretary of
State as suitable for piloting one or more aspects of the waste reduction
15
provisions—
(a)
the Secretary of State may by order designate the area of that authority
as a pilot area, and
(b)
the authority may make a scheme in accordance with the proposals.
(2)
Not more than five areas may be so designated.
20
(3)
The order designating a pilot area shall provide that the waste reduction
provisions have effect in relation to that area, for the purpose of enabling the
authority to make and operate the proposed scheme, for such period as may be
specified in the order.
(4)
Any power to make subordinate legislation or issue guidance under the waste
25
reduction provisions—
(a)
may be exercised so as to make different provision for different pilot
areas, and
(b)
may be exercised at any time after the coming into force of this section.
(5)
If a draft of an instrument containing such subordinate legislation would, apart
30
from this subsection, 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.
71
Waste reduction provisions: report and review
(1)
The Secretary of State shall lay before Parliament a report on the operation of
35
the waste reduction provisions in each pilot area.
(2)
The report must contain, in respect of each pilot area to which it relates—
(a)
a description of the scheme and of the respects in which the provision
made by it differed from that made by the schemes in other pilot areas;
(b)
a copy of the order made by the Secretary of State under section 70;
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Climate Change Bill [HL]
Part 5 — Other provisions
34

(c)
a description of the respects in which the relevant enactments and
guidance applying in that area differed from that applying—
(i)
in other pilot areas, and
(ii)
in areas not designated as pilot areas; and
(d)
an assessment of the scheme’s success or otherwise.
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(3)
The report must also contain a review of the waste reduction provisions in the
light of their operation in the pilot area or areas to which the report relates.
72
Waste reduction provisions: interim report
(1)
If it appears to the Secretary of State that it will not be possible to lay a report
under section 71 in relation to a pilot area before the end of three years
10
beginning with the day this Act is passed, the Secretary of State must lay before
Parliament an interim report in relation to that pilot area before the end of that
period.
(2)
The interim report must contain—
(a)
a description of the scheme and of the respects in which the provision
15
made or to be made by it differs from that made by the schemes in other
pilot areas,
(b)
a copy of the order made by the Secretary of State under section 70; and
(c)
a description of the respects in which the relevant enactments and
guidance applying in that area differ from that applying—
20
(i)
in other pilot areas, and
(ii)
in areas not designated as pilot areas.
(3)
If the scheme has not been implemented, the interim report must contain a
description of the progress made towards its implementation.
(4)
Otherwise, the interim report must contain—
25
(a)
a description of the scheme’s operation, and
(b)
an assessment of the progress made towards achieving the scheme’s
objectives, if such an assessment can reasonably be made.
73
Waste reduction provisions: roll-out or repeal
(1)
The following provisions apply after section 71 has been complied with in
30
relation to one or more pilot areas.
(2)
The Secretary of State may by order—
(a)
provide that the waste reduction provisions shall come into force
generally on such date as is specified in the order; or
(b)
make such amendments of the waste reduction provisions as appear to
35
the Secretary of State to be necessary or expedient having regard to the
operation of the provisions in the pilot areas, and provide that those
provisions as amended shall come into force generally on such date as
is specified in the order.
(3)
The amendments may include provision conferring power on the Secretary of
40
State to make subordinate legislation.
(4)
Where the amendments include such provision, they must also include
provision—

Climate Change Bill [HL]
Part 5 — Other provisions
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(a)
for a statutory instrument containing the subordinate legislation to be
subject to annulment in pursuance of a resolution of either House of
Parliament, or
(b)
requiring a draft of such an instrument to be laid before and approved
by resolution of each House of Parliament before the subordinate
5
legislation is made,

as the Secretary of State thinks fit.
(5)
If the Secretary of State decides not to make an order under subsection (2), the
Secretary of State must make an order repealing the waste reduction
provisions.
10
(6)
Any order under subsection (2)(b) or (5) is subject to affirmative resolution
procedure.
Collection of household waste
74
Collection of household waste
In section 46 of the Environmental Protection Act 1990 (c. 43) (receptacles for
15
household waste), after subsection (10) insert—
“(11)
A waste collection authority is not obliged to collect household waste
that is placed for collection in contravention of a requirement under
this section.”.
Charges for single use carrier bags
20
75
Charges for single use carrier bags
(1)
Schedule 6 makes provision about charges for single use carrier bags.
(2)
In that Schedule—
Part 1 confers power on the relevant national authority to make
regulations about charges for single use carrier bags;
25
Part 2 makes provision about civil sanctions;
Part 3 makes provision about the procedures applying to regulations
under the Schedule.
(3)
In that Schedule “the relevant national authority” means—
(a)
the Secretary of State in relation to England;
30
(b)
the Welsh Ministers in relation to Wales;
(c)
the Department of the Environment in Northern Ireland in relation to
Northern Ireland.
(4)
Regulations under that Schedule are subject to affirmative resolution
procedure if—
35
(a)
they are the first regulations to be made by the relevant national
authority in question under the Schedule,
(b)
they contain provision imposing or providing for the imposition of new
civil sanctions, or
(c)
they amend or repeal a provision of an enactment contained in primary
40
legislation.

Climate Change Bill [HL]
Part 5 — Other provisions
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(5)
Otherwise regulations under that Schedule are subject to negative resolution
procedure.
Renewable transport fuel obligations
76
Renewable transport fuel obligations
Schedule 7 contains amendments to the provisions of the Energy Act 2004
5
(c. 20) relating to renewable transport fuel obligations.
Miscellaneous
77
Report on climate change: Wales
(1)
It is the duty of the Welsh Ministers to lay before the National Assembly for
Wales from time to time a report on—
10
(a)
the objectives of the Welsh Ministers in relation to greenhouse gas
emissions and the impact of climate change in Wales,
(b)
the action that has been taken by the Welsh Ministers and others to deal
with such emissions and that impact, and
(c)
the future priorities for the Welsh Ministers and others for dealing with
15
such emissions and that impact.
(2)
The report must, in particular, set out how the Welsh Ministers intend to
exercise the power to give directions under section 65 (directions to reporting
authorities to prepare adaptation reports).
(3)
Nothing in a report under this section affects the exercise of the Welsh
20
Ministers’ power under that section.
(4)
The second and each subsequent report under this section must contain an
assessment of the progress made towards implementing the objectives
mentioned in the earlier reports.
(5)
In this section “Wales” has the same meaning as in the Government of Wales
25
Act 2006 (c. 32).
78
Climate change measures reports in Wales
(1)
The Climate Change and Sustainable Energy Act 2006 (c. 19) is amended as
follows.
(2)
After section 3 insert—
30
“3A
Local authorities in Wales to have regard to climate change measures
reports
(1)
The Welsh Ministers must from time to time publish a climate change
measures report.
(2)
A local authority in Wales must, in exercising its functions, have regard
35
to any current climate change measures report.
(3)
A “climate change measures report” means a report containing
information about the local authority measures the Welsh Ministers
consider would or might have any of the following effects—

Climate Change Bill [HL]
Part 5 — Other provisions
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(a)
improving efficiency in the use of any description or source of
energy;
(b)
increasing the amount of energy generated, or heat produced,
by microgeneration;
(c)
increasing the amount of energy generated, or heat produced,
5
by plant that relies wholly or mainly on a source of energy or a
technology listed in section 26(2);
(d)
reducing emissions of greenhouse gases;
(e)
reducing the number of households in which one or more
persons are living in fuel poverty;
10
(f)
addressing the impact of climate change.
(4)
Before publishing a climate change measures report, the Welsh
Ministers must consult such representatives of local government, and
such other persons, as the Welsh Ministers consider appropriate.
(5)
The Secretary of State’s consent is required to the publication in a
15
climate change measures report of information about a local authority
measure to which subsection (6) applies.
(6)
This subsection applies to a local authority measure if the Secretary of
State has a function in relation to the measure of—
(a)
making subordinate legislation,
20
(b)
issuing guidance or directions, or
(c)
making determinations or hearing appeals,

and that function is exercisable in relation to Wales.
(7)
In this section—
“local authority” means any of the following—
25
(a)
a county council;
(b)
a county borough council;
(c)
a community council;
“local authority measure” means anything a local authority in
Wales may do in the exercise of its functions (including
30
deciding not to exercise a power).”.
(3)
In section 3 of that Act (local authorities to have regard to information on
energy in exercising functions)—
(a)
for the heading substitute “Local authorities in England to have regard
to energy measures reports”,
35
(b)
in subsection (2), after “local authority” insert “in England”,
(c)
in subsection (4), in the definition of “local authority measure”, for “a
local authority” substitute “a local authority in England”,
(d)
in subsection (5) omit “the National Assembly for Wales and”, and
(e)
in subsection (6) omit paragraphs (b) and (h).
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79
Repeal of previous reporting obligation
Section 2 of the Climate Change and Sustainable Energy Act 2006 (c. 19)
(annual report on greenhouse gas emissions) is repealed.