|
| |
|
| |
(1) | The Secretary of State must publish guidance on the measurement or |
| |
calculation of greenhouse gas emissions to assist the reporting by persons on |
| |
such emissions from activities for which they are responsible. |
| |
(2) | The guidance must be published not later than 1st October 2009. |
| 5 |
(3) | The Secretary of State may from time to time publish revisions to guidance |
| |
under this section or revised guidance. |
| |
(4) | Before publishing guidance under this section or revisions to it, the Secretary |
| |
of State must consult the other national authorities. |
| |
(5) | Guidance under this section and revisions to it may be published in such |
| 10 |
manner as the Secretary of State thinks fit. |
| |
81 | Report on contribution of reporting to climate change objectives |
| |
(1) | The Secretary of State must— |
| |
(a) | review the contribution that reporting on greenhouse gas emissions |
| |
may make to the achievement of the objectives of Her Majesty’s |
| 15 |
Government in the United Kingdom in relation to climate change, and |
| |
(b) | lay a report before Parliament setting out the conclusions of that |
| |
| |
(2) | The report must be laid before Parliament not later than 1st December 2011. |
| |
(3) | In complying with this section the Secretary of State must consult the other |
| 20 |
| |
82 | Power of Ministers and departments to offset greenhouse gas emissions |
| |
(1) | An authority to which this section applies may acquire and dispose of units or |
| |
interests in units representing— |
| |
(a) | a reduction in an amount of greenhouse gas emissions, |
| 25 |
(b) | the removal of an amount of greenhouse gas from the atmosphere, or |
| |
(c) | an amount of greenhouse gas emissions allowed under a scheme or |
| |
arrangement imposing a limit on such emissions. |
| |
(2) | This section applies to— |
| |
(a) | any Minister of the Crown or government department; |
| 30 |
(b) | the Scottish Ministers; |
| |
| |
(d) | any Northern Ireland department. |
| |
(3) | If the Treasury acquire such units or interests in units, until they are disposed |
| |
of they shall be treated as held by the persons for the time being constituting |
| 35 |
| |
83 | Fines for offences relating to pollution |
| |
(1) | In section 105(2) of the Clean Neighbourhoods and Environment Act 2005 |
| |
(c. 16) (which postpones the increase by subsection (1)(b) in maximum fines |
| |
under regulations under the Pollution Prevention and Control Act 1999 (c. 24) |
| 40 |
|
| |
|
| |
|
pending the commencement of section 154(1) of the Criminal Justice Act 2003 |
| |
(c. 44)), for “Subsection (1)” substitute “Subsection (1)(a)”. |
| |
(2) | Regulation 39(2)(a) of the Environmental Permitting (England and Wales) |
| |
Regulations 2007 (S.I. 2007/3538) (maximum fine on summary conviction of an |
| |
offence committed before the commencement of section 154(1) of the Criminal |
| 5 |
Justice Act 2003 (c. 44)) is revoked. |
| |
| |
General supplementary provisions |
| |
Territorial scope of provisions relating to greenhouse gas emissions |
| |
84 | Territorial scope of provisions relating to greenhouse gas emissions |
| 10 |
(1) | The provisions of this Act relating to emissions of greenhouse gases apply to |
| |
emissions from sources or other matters occurring in, above or below— |
| |
(a) | UK coastal waters, or |
| |
(b) | the UK sector of the continental shelf, |
| |
| as they apply to emissions from sources or matters occurring in the United |
| 15 |
| |
| |
“UK coastal waters” means areas landward of the seaward limit of the |
| |
territorial sea adjacent to the United Kingdom; |
| |
“the UK sector of the continental shelf” means the areas designated under |
| 20 |
section 1(7) of the Continental Shelf Act 1964 (c. 29). |
| |
(3) | This section is subject to section 29 (emissions from international aviation or |
| |
international shipping not to count as emissions from UK sources for the |
| |
purposes of Part 1, except as provided by regulations). |
| |
| 25 |
85 | Orders and regulations |
| |
(1) | Orders and regulations under this Act must be made by statutory instrument, |
| |
| |
(2) | The power of a Northern Ireland department to make regulations under Part 3 |
| |
(trading schemes) or Schedule 6 (charges for single use carrier bags)— |
| 30 |
(a) | is exercisable by statutory instrument if the instrument also contains |
| |
regulations under that Part or Schedule made or to be made by another |
| |
| |
(b) | otherwise, is exercisable by statutory rule for the purposes of the |
| |
Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. |
| 35 |
| |
(3) | An order or regulations under this Act may— |
| |
(a) | make different provision for different cases or circumstances, |
| |
(b) | include supplementary, incidental and consequential provision, and |
| |
(c) | make transitional provision and savings. |
| 40 |
|
| |
|
| |
|
(4) | Any provision that may be made by order under this Act may be made by |
| |
| |
(5) | Any provision that may be made by regulations under this Act may be made |
| |
| |
86 | Affirmative and negative resolution procedure |
| 5 |
(1) | Where orders or regulations under this Act are subject to “affirmative |
| |
resolution procedure” the order or regulations must not be made unless a draft |
| |
of the statutory instrument containing them has been laid before and approved |
| |
by a resolution of each House of Parliament. |
| |
(2) | Where orders or regulations under this Act are subject to “negative resolution |
| 10 |
procedure” the statutory instrument containing the order or regulations is |
| |
subject to annulment in pursuance of a resolution of either House of |
| |
| |
(3) | Any provision that may be made by an order or regulations under this Act |
| |
subject to negative resolution procedure may be made by an order or |
| 15 |
regulations subject to affirmative resolution procedure. |
| |
(4) | This section does not apply to— |
| |
(a) | regulations under Part 3 (trading schemes) (but see Schedule 3), or |
| |
(b) | regulations under Schedule 6 (but see Part 3 of that Schedule). |
| |
| 20 |
87 | Meaning of “greenhouse gas” |
| |
(1) | In this Act “greenhouse gas” means any of the following— |
| |
(a) | carbon dioxide (CO2), |
| |
| |
| 25 |
(d) | hydrofluorocarbons (HFCs), |
| |
(e) | perfluorocarbons (PFCs), |
| |
(f) | sulphur hexafluoride (SF6). |
| |
(2) | The Secretary of State may by order amend the definition of “greenhouse gas” |
| |
in subsection (1) to add to the gases listed in that definition. |
| 30 |
(3) | That power may only be exercised if it appears to the Secretary of State that an |
| |
agreement or arrangement at European or international level recognises that |
| |
the gas to be added contributes to climate change. |
| |
(4) | An order under this section is subject to negative resolution procedure. |
| |
88 | Measurement of emissions etc by reference to carbon dioxide equivalent |
| 35 |
(1) | For the purposes of this Act greenhouse gas emissions, reductions of such |
| |
emissions and removals of greenhouse gas from the atmosphere shall be |
| |
measured or calculated in tonnes of carbon dioxide equivalent. |
| |
(2) | A “tonne of carbon dioxide equivalent” means one metric tonne of carbon |
| |
dioxide or an amount of any other greenhouse gas with an equivalent global |
| 40 |
|
| |
|
| |
|
warming potential (calculated consistently with international carbon reporting |
| |
| |
89 | Meaning of “international carbon reporting practice” |
| |
(1) | In this Act “international carbon reporting practice” means accepted practice in |
| |
relation to reporting for the purposes of the protocols to the United Nations |
| 5 |
Framework Convention on Climate Change or such other agreements or |
| |
arrangements at European or international level as the Secretary of State may |
| |
| |
(2) | An order under this section is subject to negative resolution procedure. |
| |
90 | Meaning of “national authority” |
| 10 |
(1) | In this Act “national authority” means any of the following— |
| |
(a) | the Secretary of State; |
| |
(b) | the Scottish Ministers; |
| |
| |
(d) | the relevant Northern Ireland department. |
| 15 |
(2) | Functions conferred or imposed by this Act on “the national authorities” are to |
| |
be exercised by all of them jointly. |
| |
91 | Meaning of “relevant Northern Ireland department” |
| |
(1) | In this Act “the relevant Northern Ireland department”, in relation to a matter |
| |
or provision, means the Northern Ireland department responsible for the |
| 20 |
matter or, as the case may be, for the matters to which the provision relates. |
| |
(2) | If more than one department is responsible, the reference is to all of them. |
| |
(3) | Any question as to the Northern Ireland department responsible for a matter is |
| |
to be determined by the Department of Finance and Personnel in Northern |
| |
| 25 |
| |
| |
“devolved legislature” means— |
| |
(a) | the Scottish Parliament, |
| |
(b) | the National Assembly for Wales, or |
| 30 |
(c) | the Northern Ireland Assembly; |
| |
“emissions”, in relation to a greenhouse gas, means emissions of that gas |
| |
into the atmosphere that are attributable to human activity; |
| |
| |
(a) | an enactment contained in subordinate legislation within the |
| 35 |
meaning of the Interpretation Act 1978 (c. 30), |
| |
(b) | an enactment contained in, or in an instrument made under, an |
| |
Act of the Scottish Parliament, |
| |
(c) | an enactment contained in, or in an instrument made under, |
| |
Northern Ireland legislation, and |
| 40 |
|
| |
|
| |
|
(d) | an enactment contained in, or in an instrument made under, a |
| |
Measure or Act of the National Assembly for Wales; |
| |
| |
(a) | all the rights, powers, liabilities, obligations and restrictions |
| |
from time to time created or arising by or under the Community |
| 5 |
| |
(b) | all the remedies and procedures from time to time provided for |
| |
by or under the Community Treaties, |
| |
and “European policy” has a corresponding meaning; |
| |
“modifications”, in relation to an enactment, includes additions or |
| 10 |
amendments to, or omissions from, the enactment; |
| |
“primary legislation” means— |
| |
(a) | an Act of Parliament, |
| |
(b) | an Act of the Scottish Parliament, |
| |
(c) | a Measure or Act of the National Assembly for Wales, or |
| 15 |
(d) | Northern Ireland legislation. |
| |
93 | Index of defined expressions |
| |
In this Act the following expressions are defined or otherwise explained by the |
| |
| |
| “the 1990 baseline” (in Parts 1 |
| | | 20 | | | | | | | “administrator” (in Part 3) |
| | | | | “administrator” (in Schedule 6) |
| paragraph 6(1) and (4) of |
| | | | | | | | | | | | 25 | | procedure” (except in Part 3 and |
| | | | | | | | | | “annual equivalent”, in relation |
| | | | | to the carbon budget for a period |
| | | | | | | | 30 | | “budgetary periods” (in Parts 1 |
| | | | | | | | | | “carbon budget” (in Parts 1 and |
| | | | | | | | | | “carbon unit” (in Parts 1 and 2) |
| | | 35 | | “the chair” (in Schedule 1) |
| paragraph 1(1) of Schedule |
| | | | | | | | | “civil sanction” (in Schedule 6) |
| paragraph 9(3) of Schedule |
| | | | | | | | | “the Committee” (in Part 2) |
| | | 40 |
|
|
| |