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 5 — Other provisions
38

80
Guidance on reporting
(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
review.
(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
national authorities.
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;
(c)
the Welsh 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
the Treasury.
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

Climate Change Bill [HL]
Part 6 — General supplementary provisions
39

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.
Part 6
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
Kingdom.
(2)
In subsection (1)—
“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).
Orders and regulations
25
85
Orders and regulations
(1)
Orders and regulations under this Act must be made by statutory instrument,
subject as follows.
(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
national authority, and
(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
12)).
(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

Climate Change Bill [HL]
Part 6 — General supplementary provisions
40

(4)
Any provision that may be made by order under this Act may be made by
regulations.
(5)
Any provision that may be made by regulations under this Act may be made
by order.
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
Parliament.
(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).
Interpretation
20
87
Meaning of “greenhouse gas”
(1)
In this Act “greenhouse gas” means any of the following—
(a)
carbon dioxide (CO2),
(b)
methane (CH4),
(c)
nitrous oxide (N2O),
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

Climate Change Bill [HL]
Part 6 — General supplementary provisions
41

warming potential (calculated consistently with international carbon reporting
practice).
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
specify by order.
(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;
(c)
the Welsh 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
Ireland.
25
92
Minor definitions
In this Act—
“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;
“enactment” includes—
(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

Climate Change Bill [HL]
Part 6 — General supplementary provisions
42

(d)
an enactment contained in, or in an instrument made under, a
Measure or Act of the National Assembly for Wales;
“European law” means—
(a)
all the rights, powers, liabilities, obligations and restrictions
from time to time created or arising by or under the Community
5
Treaties, and
(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
provisions indicated—

“the 1990 baseline” (in Parts 1
section 1(2)

20

and 2)

“administrator” (in Part 3)
section 53

“administrator” (in Schedule 6)
paragraph 6(1) and (4) of

Schedule 6

“affirmative resolution
section 86(1)

25

procedure” (except in Part 3 and

Schedule 6)

“annual equivalent”, in relation
section 5(2)

to the carbon budget for a period

(in Parts 1 and 2)

30

“budgetary periods” (in Parts 1
section 4(1)

and 2)

“carbon budget” (in Parts 1 and
section 4(1)

2)

“carbon unit” (in Parts 1 and 2)
section 25(1)

35

“the chair” (in Schedule 1)
paragraph 1(1) of Schedule

1

“civil sanction” (in Schedule 6)
paragraph 9(3) of Schedule

6

“the Committee” (in Part 2)
section 31

40

Climate Change Bill [HL]
Part 6 — General supplementary provisions
43

“Counsel General” (in sections 59
section 68(8)

to 68)

“the deputy chair” (in Schedule
paragraph 2 of Schedule 1

1)

“devolved authority” (in sections
section 68(3)

5

59 to 68)

“devolved functions”, in relation
section 68(4) and (5)

to a reporting authority (in

sections 59 to 67)

“devolved legislature”
section 92

10

“devolved Welsh functions”, in
section 68(6) and (7)

relation to a reporting authority

(in sections 59 to 67)

“discretionary requirement” (in
paragraph 12(3) of

Schedule 6)
Schedule 6

15

“electricity distributor” (in
paragraph 2(3) of Schedule

Schedule 4)
4

“electricity supplier” (in
paragraph 2(2) of Schedule

Schedule 4)
4

“emissions”
section 92

20

“enactment”
section 92

“environmental authority” (in
paragraph 1(2) of Schedule

Schedule 4)
4

“European law”
section 92

“European policy”
section 92

25

“financial year” (in Schedule 1)
paragraph 23 of Schedule 1

“fixed monetary penalty” (in
paragraph 10(3) of

Schedule 6)
Schedule 6

“greenhouse gas”
section 87

“international carbon reporting
section 89

30

practice”

“Minister of the Crown” (in
section 68(8)

sections 59 to 68)

“modifications”, in relation to an
section 92

enactment

35

“national authority”
section 90

“negative resolution procedure”
section 86(2)

(except in Part 3 and Schedule 6)

Climate Change Bill [HL]
Part 6 — General supplementary provisions
44

“net UK carbon account” (in
section 26(1)

Parts 1 and 2)

“net UK emissions” for a period,
section 28(1)

in relation to a greenhouse gas

(in Parts 1 and 2)

5

“non-monetary discretionary
paragraph 12(4) of

requirement” (in Schedule 6)
Schedule 6

“participant” (in Part 3)
section 53

“potential participant” (in
paragraph 3(2) of Schedule

Schedule 4)
4

10

“primary legislation”
section 92

“the relevant national authority”
section 45

(in Part 3)

“the relevant national authority”
section 75(3)

(in Schedule 6)

15

“the relevant Northern Ireland
section 91

department”

“reporting authority” (in sections
section 68(1) and (2)

59 to 68)

“seller” (in Schedule 6)
paragraph 3 of Schedule 6

20

“single use carrier bag” (in
paragraph 5 of Schedule 6

Schedule 6)

“specified” (in Schedule 6)
paragraph 3(4) of Schedule

6

“targeted greenhouse gas” (in
section 23(1)

25

Parts 1 and 2)

“trading period” (in Part 3)
section 53

“trading scheme”
section 42(2)

“UK emissions”, in relation to a
section 28(1)

greenhouse gas (in Part 1)

30

“UK removals”, in relation to a
section 28(1)

greenhouse gas (in Part 1)

“variable monetary penalty” (in
paragraph 12(4) of

Schedule 6)
Schedule 6

“Wales” (in sections 59 to 68)
section 68(8)

35

“the waste reduction provisions”
section 69(3)

(in sections 70 to 73)