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Climate Change Bill [HL]


Climate Change Bill [HL]
Schedule 3 — Trading schemes regulations: further provisions
Part 3 — Power to make provision by Order in Council

66

 

(a)   

either House of Parliament resolves that an address be presented to

Her Majesty praying that an instrument containing regulations made

by the Secretary of State be annulled, or

(b)   

a devolved legislature resolves that an instrument containing

regulations made by a national authority be annulled,

5

           

nothing further is to be done under the instrument after the date of the

resolution and Her Majesty may by Order in Council revoke the instrument.

      (2)  

This is without prejudice to the validity of anything previously done under

the instrument or to the making of a new instrument.

      (3)  

This paragraph applies in place of provision made by any other enactment

10

about the effect of such a resolution.

Part 3

Power to make provision by Order in Council

9     (1)  

Her Majesty may by Order in Council make provision for trading schemes.

      (2)  

That power may only be exercised to make an Order in Council—

15

(a)   

that extends or applies both to Scotland and to one or more of

England, Wales and Northern Ireland, or

(b)   

that extends to Scotland only and contains both provision within the

legislative competence of the Scottish Parliament and provision

outside that competence.

20

      (3)  

The provision that may be made by an Order in Council under this

paragraph includes any provision that may be made by a national authority

by regulations under this Part of this Act.

10         

No recommendation is to be made to Her Majesty in Council to make an

Order in Council under paragraph 9 unless the requirements of section 46(1)

25

and (2) as to advice and consultation have been complied with.

11    (1)  

This paragraph applies to an Order in Council under paragraph 9 containing

any provision that, were it to be made by regulations under this Part of this

Act, would be subject to affirmative resolution procedure.

      (2)  

No recommendation is to be made to Her Majesty in Council to make an

30

Order in Council to which this paragraph applies unless—

(a)   

in the case of an Order in Council containing provision that may be

made by the Secretary of State by regulations under this Part of this

Act, a draft of the statutory instrument containing the Order in

Council has been laid before, and approved by a resolution of, each

35

House of Parliament, and

(b)   

in the case of an Order in Council containing provision that may be

made by a national authority other than the Secretary of State by

regulations under this Part of this Act, a draft of the statutory

instrument containing the Order in Council has been laid before, and

40

approved by a resolution of, the relevant devolved legislature.

12    (1)  

This paragraph applies to an Order in Council under paragraph 9 other than

one to which paragraph 11 applies.

      (2)  

An Order in Council to which this paragraph applies containing provision

that may be made by the Secretary of State by regulations under this Part of

45

 

 

Climate Change Bill [HL]
Schedule 4 — Trading schemes: powers to require information

67

 

this Act is subject to annulment in pursuance of a resolution of either House

of Parliament.

      (3)  

An Order in Council to which this paragraph applies containing provision

that may be made by the Scottish Ministers by regulations under this Part of

this Act is subject to annulment in pursuance of a resolution of the Scottish

5

Parliament.

      (4)  

An Order in Council to which this paragraph applies containing provision

that may be made by the Welsh Ministers by regulations under this Part of

this Act is subject to annulment in pursuance of a resolution of the National

Assembly for Wales.

10

      (5)  

An Order in Council to which this paragraph applies containing provision

that may be made by a Northern Ireland department by regulations under

this Part of this Act is subject to negative resolution within the meaning of

section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)) as

if it were a statutory instrument within the meaning of that Act.

15

13    (1)  

If in accordance with paragraph 12—

(a)   

either House of Parliament resolves that an address be presented to

Her Majesty praying that an Order in Council be annulled, or

(b)   

a devolved legislature resolves that an Order in Council be annulled,

           

nothing further is to be done under the Order in Council after the date of the

20

resolution and Her Majesty may by Order in Council revoke it.

      (2)  

This is without prejudice to the validity of anything previously done under

the Order in Council or to the making of a new Order in Council.

      (3)  

This paragraph applies in place of provision made by any other enactment

about the effect of such a resolution.

25

Schedule 4

Section 48

 

Trading schemes: powers to require information

Introductory

1     (1)  

The powers conferred by this Schedule are exercisable by the following

authorities—

30

(a)   

the Secretary of State;

(b)   

the Scottish Ministers;

(c)   

the relevant Northern Ireland department;

(d)   

the Welsh Ministers;

(e)   

the Environment Agency;

35

(f)   

the Scottish Environment Protection Agency.

      (2)  

References in this Schedule to an “environmental authority” are to any of

those authorities.

 

 

Climate Change Bill [HL]
Schedule 4 — Trading schemes: powers to require information

68

 

Information from electricity suppliers and distributors

2     (1)  

An environmental authority may, for the purposes of enabling a trading

scheme to be established, by notice require an electricity supplier or

electricity distributor to provide any of the following information—

(a)   

information about the electricity meters and metering systems for

5

which the supplier or distributor is responsible, including (in

particular) their locations and any identifying features;

(b)   

information about the persons to whom electricity measured by

those meters or systems is supplied or who purchase such electricity;

(c)   

information about the consumption by those persons of that

10

electricity;

(d)   

any other information that the environmental authority considers

necessary for identifying the potential participants in the scheme.

      (2)  

An “electricity supplier”—

(a)   

in relation to England and Wales and Scotland means an authorised

15

supplier within the meaning of the Electricity Act 1989 (c. 29) (see

section 64(1) of that Act);

(b)   

in relation to Northern Ireland means—

(i)   

an electricity supplier within the meaning of the Electricity

(Northern Ireland) Order 1992 (S.I. 1992/231) (N.I. 1) (see

20

Article 3 of that Order), or

(ii)   

a person who may supply electricity to premises without a

licence by virtue of an exemption under Article 9 of that

Order.

      (3)  

An “electricity distributor”—

25

(a)   

in relation to England and Wales and Scotland means an authorised

distributor within the meaning of the Electricity Act 1989 (see section

64(1) of that Act);

(b)   

in relation to Northern Ireland means an electricity distributor

within the meaning of the Electricity (Northern Ireland) Order 1992

30

(see Article 3 of that Order).

      (4)  

References in this Schedule to an electricity supplier or electricity distributor

include an agent of such a supplier or distributor.

Information from potential participants in a trading scheme

3     (1)  

An environmental authority may, for the purposes of enabling a trading

35

scheme to be established, by notice require a potential participant in the

scheme to provide any of the following information—

(a)   

information about whether the criteria specified in the notice are met

by the potential participant, either alone or together with any other

person or persons;

40

(b)   

information identifying any potential co-participant;

(c)   

contact details for the potential participant and any potential co-

participant;

(d)   

information about the meters that measure electricity supplied to or

purchased by the potential participant or any potential co-

45

participant;

(e)   

information about the consumption of electricity by the potential

participant and any potential co-participant;

 

 

Climate Change Bill [HL]
Schedule 4 — Trading schemes: powers to require information

69

 

(f)   

information about any climate change agreement (within the

meaning of Schedule 6 to the Finance Act 2000 (c. 17)) entered into by

or on behalf of the potential participant or any potential co-

participant.

      (2)  

A “potential participant”, in relation to a trading scheme, means a person

5

who the environmental authority considers—

(a)   

will or may be a participant in the scheme, or

(b)   

will or may fall to be treated together with any other person or

persons (a “potential co-participant”) as such a participant.

Requirements for a valid notice

10

4     (1)  

A notice under this Schedule must comply with the following requirements.

      (2)  

The notice must—

(a)   

be in writing,

(b)   

specify the information to be provided,

(c)   

specify the name and address of the person to whom the information

15

is to be provided,

(d)   

specify the date by which the information is to be provided, and

(e)   

explain the consequences of failure to comply with the notice.

      (3)  

An environmental authority must not give a notice requiring information

from a person unless—

20

(a)   

the authority has previously sent the person a request in writing for

the information, and

(b)   

the person has failed to provide the information within the period of

28 days beginning with the day on which the request was sent.

Failure to comply with notice etc an offence

25

5     (1)  

A person who—

(a)   

fails without reasonable excuse to comply with a notice under this

Schedule, or

(b)   

provides information in response to such a notice that the person

knows or suspects to be false or misleading,

30

           

commits an offence.

      (2)  

A person guilty of such an offence is liable on summary conviction to a fine

not exceeding level 5 on the standard scale.

Disclosure of information

6     (1)  

This paragraph applies to information obtained by an environmental

35

authority (whether or not pursuant to a notice under this Schedule) from—

(a)   

an electricity supplier or electricity distributor, or

(b)   

a potential participant,

           

for the purposes of enabling a trading scheme to be established.

      (2)  

The information may be disclosed for the purposes of or in connection with

40

the establishment, operation or enforcement of a trading scheme—

(a)   

by an environmental authority to another environmental authority

or the administrator of the scheme, or

 

 

Climate Change Bill [HL]
Schedule 5 — Waste reduction schemes
Part 1 — Main provisions

70

 

(b)   

by the administrator of the scheme to any other administrator of the

scheme or an environmental authority.

      (3)  

This does not affect any other right to disclose information within sub-

paragraph (1) apart from this paragraph.

Schedule 5

5

Section 69

 

Waste reduction schemes

Part 1

Main provisions

1          

After section 60 of the Environmental Protection Act 1990 (c. 43) insert—

“Waste reduction schemes

10

60A     

Waste reduction schemes

   

A waste collection authority whose area is in England may make a

waste reduction scheme in accordance with Schedule 2AA to this

Act.”.

2          

After Schedule 2A to that Act insert—

15

“Schedule 2AA

Waste reduction schemes

Introductory

1     (1)  

The purpose of a waste reduction scheme is to provide a financial

incentive—

20

(a)   

to produce less domestic waste, and

(b)   

to recycle more of what is produced,

           

and accordingly to reduce the amount of residual domestic waste.

      (2)  

A waste reduction scheme—

(a)   

may cover the whole or any part of the area of a waste

25

collection authority, and

(b)   

may apply to all domestic premises, to domestic premises

other than those of a specified description or to specified

descriptions of domestic premises.

Conditions for making waste reduction scheme

30

2     (1)  

A waste collection authority may make a waste reduction scheme

only if—

(a)   

a good recycling service is available to the occupiers of

premises to which the scheme applies,

(b)   

the scheme takes account of the needs of groups who

35

might be unduly disadvantaged by it, and

 

 

Climate Change Bill [HL]
Schedule 5 — Waste reduction schemes
Part 1 — Main provisions

71

 

(c)   

the authority has a strategy for preventing, minimising or

otherwise dealing with the unauthorised deposit or

disposal of waste.

      (2)  

In sub-paragraph (1)(a) above—

(a)   

a “recycling service” means arrangements for the

5

collection of recyclable domestic waste from premises

separately from other waste; and

(b)   

a “good” recycling service means a recycling service that

meets the standards specified for the purposes of this

definition in guidance issued by the Secretary of State.

10

      (3)  

The Secretary of State may by order amend sub-paragraphs (1)

and (2) above.

Incentive under waste reduction scheme

3     (1)  

A waste reduction scheme must provide for a financial incentive

that the authority considers will be effective to achieve the

15

purpose of the scheme.

      (2)  

The scheme may provide for the incentive to be provided—

(a)   

by means of rebates from council tax or by other payments,

or

(b)   

by means of charges under paragraph 4,

20

           

or by any combination of those means.

Charges in respect of residual domestic waste

4     (1)  

A waste reduction scheme may include provision for charging by

reference to—

(a)   

the amount of residual domestic waste collected from

25

premises,

(b)   

the size of receptacles used for the purposes of the

collection of residual domestic waste from premises,

(c)   

the number of receptacles used for such purposes, or

(d)   

the frequency with which residual domestic waste is

30

collected from premises,

           

or by reference to any combination of those factors.

      (2)  

The scheme may, in particular, make provision for occupiers of

premises—

(a)   

to be required (by notice under section 46) to place residual

35

domestic waste for collection in receptacles of a specified

kind,

(b)   

to be required (by such notice) to place such waste in

receptacles that are identified by such means as may be

specified, or

40

(c)   

to be required to do both,

           

and for a charge to be made by the authority in respect of the

receptacles, the means of identifying them or both.

 

 

Climate Change Bill [HL]
Schedule 5 — Waste reduction schemes
Part 1 — Main provisions

72

 

      (3)  

A charge under this paragraph in respect of a receptacle is in

addition to any charge under section 46 in respect of the cost of

providing the receptacle.

      (4)  

The amount of any charge under this paragraph need not be

related to the authority’s costs.

5

      (5)  

The scheme may make provision as to the person or persons by

whom any charge is payable.

      (6)  

The scheme may—

(a)   

require any charge to be paid in advance on the basis of an

estimate of the amount that is likely to be payable in

10

respect of any premises; or

(b)   

require payments in respect of any charge to be made on

account or by instalments.

Charging: supplementary provisions

5     (1)  

The Secretary of State may by order set a limit on the amount of

15

the charge under paragraph 4 that may be imposed in respect of

any premises in any financial year.

      (2)  

A failure to pay a charge under paragraph 4 does not affect the

authority’s duty under section 45(1)(a) (general duty to arrange

for collection of household waste).

20

      (3)  

Section 45(3) (general prohibition on charging for collection of

household waste) has effect subject to paragraph 4.

Requirement of revenue neutrality

6     (1)  

From year to year, and taking one year with another, the aggregate

amount of charges under a waste reduction scheme must not

25

exceed the aggregate amount of the rebates or other payments

under the scheme.

      (2)  

The Secretary of State may by order amend sub-paragraph (1)

above.

      (3)  

Any such order may make any amendments of paragraph 4(4) that

30

appear to the Secretary of State to be necessary or expedient in

consequence of, or in connection with, the amendment of sub-

paragraph (1) above.

Procedure for putting scheme in place

7     (1)  

The authority must comply with the following requirements after

35

making a waste reduction scheme and before it is brought into

operation.

      (2)  

The authority must publish the scheme in such manner as it

considers appropriate.

      (3)  

The authority must send to the occupier of any premises to which

40

the scheme applies a notice setting out—

 

 

 
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