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 6 — General supplementary provisions
45

Final provisions
94
Extent
(1)
This Act, apart from the provisions listed below, extends to the whole of the
United Kingdom.
(2)
The following provisions of this Act extend to England and Wales only—
5
(a)
sections 69 to 73 and Schedule 5 (waste reduction schemes);
(b)
section 74 (collection of household waste);
(c)
section 78 (climate change measures reports in Wales);
(d)
section 83 (fines for offences relating to pollution).
(3)
Section 75 and Schedule 6 (charges for single use carrier bags) extend to
10
England and Wales and Northern Ireland only.
95
Commencement
(1)
Part 1 (carbon target and budgeting) and this Part come into force on the day
this Act is passed.
(2)
Part 2 (the Committee on Climate Change) comes into force on such day as may
15
be appointed by order made by the Secretary of State.
(3)
Section 69(1) and Schedule 5 (waste reduction schemes) come into force in
accordance with sections 70 to 73.
(4)
Section 78 (climate change measures reports in Wales) comes into force on such
day as may be appointed by order made by the Welsh Ministers.
20
(5)
Section 79 (repeal of previous reporting obligation) comes into force on 1st
January 2009.
(6)
The other provisions of this Act come into force at the end of two months
beginning with the day it is passed.
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Short title
25
The short title of this Act is the Climate Change Act 2008.

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Climate Change Bill [HL]
Schedule 1 — The Committee on Climate Change

Schedules
Schedule 1
Section 31

The Committee on Climate Change
Membership
1     (1)
The Committee shall consist of—
5
(a)
a person appointed by the national authorities to chair the
Committee (“the chair”), and
(b)
not less than five and not more than eight other members appointed
by the national authorities.
      (2)
The national authorities must consult the chair before appointing the other
10
members.
      (3)
In appointing a member, the national authorities must have regard to the
desirability of securing that the Committee (taken as a whole) has experience
in or knowledge of the following—
(a)
business competitiveness;
15
(b)
climate change policy at national and international level, and in
particular the social impacts of such policy;
(c)
climate science, and other branches of environmental science;
(d)
differences in circumstances between England, Wales, Scotland and
Northern Ireland and the capacity of national authorities to take
20
action in relation to climate change;
(e)
economic analysis and forecasting;
(f)
emissions trading;
(g)
energy production and supply;
(h)
financial investment;
25
(i)
technology development and diffusion.
      (4)
The Secretary of State may by order amend sub-paragraph (1)(b) so as to
alter the minimum or maximum number of members of the Committee.
      (5)
Such an order may only be made with the consent of the other national
authorities.
30
      (6)
Any such order is subject to negative resolution procedure.
2
The national authorities may, after consulting the chair, appoint one of the
members as deputy to the chair (“the deputy chair”).
Term of office
3
A member holds and vacates office in accordance with the terms of the
35
member’s appointment.

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Schedule 1 — The Committee on Climate Change
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4
A member may resign by giving written notice to the Secretary of State.
5
The national authorities may remove a member—
(a)
who has been absent from meetings of the Committee without its
permission for a period of 6 months or more,
(b)
who has become bankrupt or has made an arrangement with
5
creditors,
(c)
whose estate has been sequestrated in Scotland or who, under Scots
law, has made a composition or arrangement with, or granted a trust
deed for, creditors, or
(d)
who in the opinion of the national authorities is otherwise unable or
10
unfit to carry out the duties of that member.
6
A person ceases to be the chair or the deputy chair if the person—
(a)
resigns that office by giving written notice to the Secretary of State, or
(b)
ceases to be a member.
7
A person who—
15
(a)
ceases to be a member, or
(b)
ceases to be the chair or the deputy chair,

may be reappointed to that office.
Remuneration and pensions etc
8
The Committee may pay to the members such remuneration and allowances
20
as the national authorities may determine.
9
The Committee must, if required to do so by the national authorities—
(a)
pay such pensions, gratuities or allowances as the national
authorities may determine to or in respect of any person who is or
has been a member, or
25
(b)
pay such sums as the national authorities may determine towards
provision for the payment of pensions, gratuities or allowances to or
in respect of such a person.
10
If the national authorities consider there are special circumstances which
make it right for a person who has ceased to be a member to receive
30
compensation, the Committee must pay the person such compensation as
the national authorities may determine.
Staff
11    (1)
The Committee must appoint a person to be chief executive, but may only
appoint a person who has been approved by the national authorities.
35
      (2)
The chief executive is an employee of the Committee.
12
The Committee may appoint other employees.
13
The Committee must, if required to do so by the national authorities—
(a)
pay such pensions, gratuities or allowances as the national
authorities may determine to or in respect of any employee or former
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employee, or
(b)
pay such sums as the national authorities may determine towards
provision for the payment of pensions, gratuities or allowances to or
in respect of any employee or former employee.

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Schedule 1 — The Committee on Climate Change
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14    (1)
In Schedule 1 to the Superannuation Act 1972 (c. 11) (kinds of employment
to which section 1 of that Act applies), in the list of other bodies, at the
appropriate place insert—
“The Committee on Climate Change.”
      (2)
The Committee must pay to the Minister for the Civil Service, at such times
5
as the Minister may direct, such sums as the Minister may determine in
respect of any increase attributable to sub-paragraph (1) in the sums payable
out of money provided by Parliament under the Superannuation Act 1972.
Sub-committees
15    (1)
The Committee may establish sub-committees.
10
      (2)
A sub-committee may include persons who are not members of the
Committee.
      (3)
The Committee may pay such remuneration and allowances as the national
authorities may determine to any person who—
(a)
is a member of a sub-committee, but
15
(b)
is not a member of the Committee.
The Adaptation Sub-Committee
16    (1)
There shall be a sub-committee of the Committee, to be known as the
Adaptation Sub-Committee or, in Welsh, as yr Is-bwyllgor Addsau (referred
to in this paragraph as “the ASC”).
20
      (2)
The ASC shall consist of—
(a)
a person appointed by the national authorities to chair the ASC (“the
ASC chair”), and
(b)
not less than five other members appointed by the national
authorities.
25
      (3)
The national authorities must—
(a)
consult the chair before appointing the ASC chair, and
(b)
consult the ASC chair before appointing the other members of the
ASC.
      (4)
The ASC must provide the Committee with such advice, analysis,
30
information or other assistance as the Committee may require in connection
with the exercise of its functions under—
(a)
section 36(1)(c) (advice etc to national authorities on adaptation to
climate change),
(b)
section 55 (advice on report on impact of climate change), or
35
(c)
section 57 (reporting on progress in connection with adaptation).
Proceedings
17
The Committee may regulate—
(a)
its own procedure (including quorum), and
(b)
the procedure of any sub-committee (including quorum).
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18
The validity of anything done by the Committee or any sub-committee is not
affected by—

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Schedule 1 — The Committee on Climate Change
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(a)
any vacancy in the membership of the Committee or sub-committee,
or
(b)
any defect in the appointment of any member of the Committee or
sub-committee.
19
The Committee must publish the minutes of its meetings in such manner as
5
it considers appropriate.
Discharge of functions
20
The Committee may authorise a sub-committee, member or employee to
exercise any of the Committee’s functions.
Application of seal and proof of documents
10
21    (1)
The application of the Committee’s seal must be authenticated by the
signature of—
(a)
a member of the Committee who is authorised (generally or
specially) for that purpose, or
(b)
an employee who is so authorised.
15
      (2)
A document purporting to be duly executed under the seal of the Committee
or to be signed on behalf of the Committee shall be received in evidence and
treated as so executed or signed unless the contrary is shown.
      (3)
This paragraph does not apply in relation to Scotland.
Reports and accounts
20
22    (1)
For each financial year the Committee must—
(a)
prepare an annual report on the discharge of its functions during the
year, and
(b)
send a copy to the national authorities within such period as the
national authorities may direct.
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      (2)
A copy of each report received under this paragraph must be laid—
(a)
by the Secretary of State before Parliament,
(b)
by the Scottish Ministers before the Scottish Parliament,
(c)
by the Welsh Ministers before the National Assembly for Wales, and
(d)
by the relevant Northern Ireland department before the Northern
30
Ireland Assembly.
23
In this Schedule “financial year” means—
(a)
the period beginning with the day the Committee is established and
ending with the next 31st March, and
(b)
each subsequent period of 12 months ending with 31st March.
35
24    (1)
The Committee must keep proper accounts and proper records in relation to
the accounts.
      (2)
For each financial year the Committee must—
(a)
prepare a statement of accounts in respect of that financial year, and
(b)
send a copy of the statement to the national authorities and the
40
Comptroller and Auditor General within such period as the national
authorities direct.

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Schedule 1 — The Committee on Climate Change
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      (3)
The statement must be in such form as the national authorities may direct.
      (4)
The Comptroller and Auditor General must—
(a)
examine, certify and report on the statement, and
(b)
send a copy of the certified statement and the report to the national
authorities as soon as possible.
5
      (5)
A copy of each statement received under sub-paragraph (4) must be laid—
(a)
by the Secretary of State before Parliament,
(b)
by the Scottish Ministers before the Scottish Parliament,
(c)
by the Welsh Ministers before the National Assembly for Wales, and
(d)
by the relevant Northern Ireland department before the Northern
10
Ireland Assembly.
Information
25    (1)
The Committee must provide the national authorities with such information
as they may request about its property.
      (2)
The Committee must provide the Secretary of State with such information as
15
the Secretary of State may request about the exercise or proposed exercise of
its functions under—
(a)
Part 1 (carbon target and budgeting),
(b)
section 32 (advice on level of 2050 target),
(c)
section 33 (advice in connection with carbon budgets),
20
(d)
section 34 (reports on progress),
(e)
section 55 (advice on report on impact of climate change), or
(f)
section 57 (reporting on progress in connection with adaptation).
      (3)
The Committee must provide a national authority with such information as
the national authority may request about the exercise or proposed exercise
25
of the Committee’s functions under—
(a)
section 36 (duty to provide advice or assistance on request), or
(b)
section 46 (advice on trading scheme regulations),

in relation to that national authority.

If the information relates to the exercise or proposed exercise of those
30
functions in relation to two or more national authorities, the request must be
made by all of them jointly.
      (4)
The Committee must provide the national authorities with such information
as they may request about the exercise or proposed exercise of any of its
other functions.
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      (5)
The Committee must also—
(a)
permit any person authorised by a national authority to inspect and
make copies of any accounts or other documents of the Committee,
and
(b)
provide such explanation of them as that person or the national
40
authority may require.
      (6)
Before exercising a function under sub-paragraph (5), the national authority
must consult the other national authorities.

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Schedule 1 — The Committee on Climate Change
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Publication of advice etc
26
A requirement under this Act for the Committee to publish anything does
not oblige it to publish—
(a)
information it could refuse to disclose in response to a request
under—
5
(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;
(b)
information whose disclosure is prohibited by any enactment.
Status
10
27    (1)
The Committee is not to be regarded as the servant or agent of the Crown or
as enjoying any status, privilege or immunity of the Crown.
      (2)
The Committee is to be treated as a cross-border public authority within the
meaning of the Scotland Act 1998 (c. 46) for the purposes of the following
provisions of that Act—
15
(a)
section 23(2)(b) (power of Scottish Parliament to require persons
outside Scotland to attend to give evidence or produce documents);
(b)
section 70(6) (legislation of Scottish Parliament not to require certain
cross-border public authorities to prepare accounts).
Public Records Act 1958 (c. 51)
20
28
In Schedule 1 to the Public Records Act 1958 (definition of public records),
in Part 2 of the Table at the end of paragraph 3, at the appropriate place
insert—
“The Committee on Climate Change.”
Parliamentary Commissioner Act 1967 (c. 13)
25
29
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc
subject to investigation)—
(a)
at the appropriate place insert—
“The Committee on Climate Change.”, and
(b)
in the notes at the appropriate place insert—
30

“Committee on Climate Change

In the case of the Committee on Climate Change, no
investigation is to be conducted in respect of any action
taken by or on behalf of the Committee—
(a)
in the exercise in or as regards Scotland of any
35
function to the extent that the function is
exercisable within devolved competence (within
the meaning of section 54 of the Scotland Act 1998),
or
(b)
in connection with functions of the Committee in
40
relation to Wales (within the meaning of the
Government of Wales Act 2006).”