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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)

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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.

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

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(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),

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(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

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

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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

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

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(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

 

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Part 6 — General supplementary provisions

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“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

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“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)

  
 
 

 
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