Climate Change Bill [HL]

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Climate Change Bill [HL]

Climate Change Bill [HL]
Schedule 6 — Charges for single use carrier bags
Part 2 — Civil sanctions
87

      (3)
The provision conferring the power need not secure the result in sub-
paragraph (1) in cases where the relevant authority considers that it would
be inappropriate to do so.
Compliance with regulatory principles
23
A relevant national authority may not make any provision conferring power
5
on an administrator to impose a civil sanction in relation to a breach of
regulations under this Schedule unless the authority is satisfied that the
administrator will act in accordance with the principles that—
(a)
regulatory activities should be carried out in a way that is
transparent, accountable, proportionate and consistent;
10
(b)
regulatory activities should be targeted only at cases in which action
is needed.
Review
24    (1)
A relevant national authority must in accordance with this paragraph
review the operation of any provision made by the authority conferring
15
power on an administrator to impose a civil sanction in relation to a breach
of regulations under this Schedule.
      (2)
The review must take place as soon as practicable after the end of the period
of three years beginning with the day on which the provision comes into
force.
20
      (3)
The review must in particular consider whether the provision has
implemented its objectives efficiently and effectively.
      (4)
In conducting a review under this paragraph the relevant national authority
must consult such persons as the authority considers appropriate.
      (5)
The relevant national authority must publish the results of a review under
25
this section.
      (6)
The relevant national authority must lay a copy of a review under this
paragraph before—
(a)
Parliament (where the relevant national authority is the Secretary of
State);
30
(b)
the National Assembly for Wales (where the relevant national
authority is the Welsh Ministers);
(c)
the Northern Ireland Assembly (where the relevant national
authority is the Department of the Environment in Northern
Ireland).
35
Suspension
25    (1)
Where provision has been made by a relevant national authority conferring
power on an administrator to impose a civil sanction in relation to a breach
of regulations under this Schedule, the authority may direct the
administrator—
40
(a)
where the power is power to impose a fixed monetary penalty, not to
serve any further notice of intent referred to in paragraph 11(1)(a) in
relation to a breach of that kind, and

Climate Change Bill [HL]
Schedule 6 — Charges for single use carrier bags
Part 2 — Civil sanctions
88

(b)
where the power is power to impose a discretionary requirement,
not to serve any further notice of intent referred to in paragraph
13(1)(a) in relation to a breach of that kind.
      (2)
The relevant national authority may only give a direction under sub-
paragraph (1) in relation to a breach of regulations under this Schedule if it
5
is satisfied that the administrator has failed on more than one occasion—
(a)
to comply with any duty imposed on it under or by virtue of this
Schedule in relation to a breach of that kind,
(b)
to act in accordance with the guidance it has published in relation to
a breach of that kind (in particular, the guidance published under
10
paragraph 21), or
(c)
to act in accordance with the principles referred to in paragraph 23
or with other principles of best practice in relation to the enforcement
of a breach of that kind.
      (3)
The relevant national authority may by direction revoke a direction given by
15
it under sub-paragraph (1) if satisfied that the administrator has taken the
appropriate steps to remedy the failure to which that direction related.
      (4)
Before giving a direction under sub-paragraph (1) or (3) the relevant
national authority must consult—
(a)
the administrator, and
20
(b)
such other persons as the authority considers appropriate.
      (5)
Where the relevant national authority gives a direction under this section,
the authority must lay a copy before—
(a)
Parliament (where the relevant national authority is the Secretary of
State);
25
(b)
the National Assembly for Wales (where the relevant national
authority is the Welsh Ministers);
(c)
the Northern Ireland Assembly (where the relevant national
authority is the Department of the Environment in Northern
Ireland).
30
      (6)
Where the relevant national authority gives a direction under this section,
the administrator must—
(a)
publish the direction in such manner as the authority thinks fit, and
(b)
take such other steps as the administrator thinks fit or the authority
may require to bring the direction to the attention of other persons
35
likely to be affected by it.
Payment of penalties into Consolidated Fund
26    (1)
Where pursuant to any provision made under this Schedule an
administrator receives—
(a)
a fixed monetary penalty, a variable monetary penalty or a non-
40
compliance penalty under paragraph 14,
(b)
any interest or other financial penalty for late payment of such a
penalty, or
(c)
a sum paid in discharge of liability to a fixed monetary penalty
pursuant to paragraph 11(1)(b),
45

the administrator must pay it into the relevant Fund.
      (2)
In sub-paragraph (1) “relevant Fund” means—

Climate Change Bill [HL]
Schedule 6 — Charges for single use carrier bags
Part 3 — Procedures applying to regulations
89

(a)
in a case where the administrator has functions only in relation to
Wales, the Welsh Consolidated Fund,
(b)
in a case where the administrator has functions only in relation to
Northern Ireland, the Northern Ireland Consolidated Fund, and
(c)
in any other case, the Consolidated Fund.
5
Part 3
Procedures applying to regulations
Regulations made by a single authority
27    (1)
This paragraph applies in relation to an instrument containing regulations
under this Schedule made by a single national authority.
10
      (2)
Where the instrument contains regulations that—
(a)
are to be made by the Secretary of State, and
(b)
are subject to affirmative resolution procedure,

the 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
15
House of Parliament.
      (3)
Where the instrument contains regulations that—
(a)
are to be made by a national authority other than the Secretary of
State, and
(b)
are subject to affirmative resolution procedure,
20

the regulations must not be made unless a draft of the statutory instrument
containing them has been laid before and approved by a resolution of the
relevant devolved legislature.
      (4)
An instrument containing regulations made by the Secretary of State that are
subject to negative resolution procedure is subject to annulment in
25
pursuance of a resolution of either House of Parliament.
      (5)
An instrument containing regulations made by the Welsh Ministers that are
subject to negative resolution procedure is subject to annulment in
pursuance of a resolution of the National Assembly for Wales.
      (6)
An instrument containing regulations made by the Department of the
30
Environment in Northern Ireland that are subject to negative resolution
procedure 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.
      (7)
Any provision that may be made by regulations subject to negative
35
resolution procedure may be made by regulations subject to affirmative
resolution procedure.
Regulations made by two or more national authorities
28    (1)
This paragraph applies in relation to an instrument containing regulations
under this Schedule made or to be made by any two or more of—
40
(a)
the Secretary of State,
(b)
the Welsh Ministers, and
(c)
the Department of the Environment in Northern Ireland.

Climate Change Bill [HL]
Schedule 7 — Renewable transport fuel obligations
90

      (2)
If any of the regulations are subject to affirmative resolution procedure, all
of them are subject to that procedure.
      (3)
Sub-paragraphs (2) to (6) of paragraph 27 apply to the instrument as they
apply to an instrument containing regulations made by a single national
authority.
5
      (4)
If in accordance with that paragraph—
(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
10
regulations made by a national authority be annulled,

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.
      (5)
This is without prejudice to the validity of anything previously done under
the instrument or to the making of a new instrument.
15
      (6)
This paragraph applies in place of provision made by any other enactment
about the effect of such a resolution.
Hybrid instruments
29
If a draft of an instrument containing regulations under this Schedule
would, apart from this paragraph, be treated for the purposes of the
20
standing orders of either House of Parliament as a hybrid instrument, it is to
proceed in that House as if it were not such an instrument.
Schedule 7
Section 76

Renewable transport fuel obligations
Introductory
25
1
Chapter 5 of Part 2 of the Energy Act 2004 (c. 20) (renewable transport fuel
obligations) is amended as follows.
The Administrator
2
For section 125 (the Administrator) substitute—
“125
Appointment of the Administrator
30
(1)
For the purposes of provision made by or under this Chapter, an RTF
order may—
(a)
establish a body corporate, and
(b)
appoint that body as the Administrator.
(2)
An RTF order may—
35
(a)
make provision for the appointment of members of the body;
(b)
make provision in relation to the staffing of the body;
(c)
make provision in relation to the expenditure of the body;
(d)
make provision regulating the procedure of the body;

Climate Change Bill [HL]
Schedule 7 — Renewable transport fuel obligations
91

(e)
make any other provision that the Secretary of State
considers appropriate for purposes connected with the
establishment and maintenance of the body.
(3)
The provision that may be made by an RTF order by virtue of this
section includes, in particular, provision conferring discretions on—
5
(a)
the Secretary of State;
(b)
the body itself; or
(c)
members or staff of the body.
125A
General functions of the Administrator
(1)
An RTF order may—
10
(a)
confer or impose powers and duties on the Administrator for
purposes connected with the implementation of provision
made by or under this Chapter,
(b)
confer discretions on the Administrator in relation to the
making of determinations under such an order and otherwise
15
in relation to the Administrator’s powers and duties; and
(c)
impose duties on transport fuel suppliers for purposes
connected with the Administrator’s powers and duties
(including, in particular, duties framed by reference to
determinations made by the Administrator).
20
(2)
It is the duty of the Administrator to promote the supply of
renewable transport fuel whose production, supply or use—
(a)
causes or contributes to the reduction of carbon emissions,
and
(b)
contributes to sustainable development or the protection or
25
enhancement of the environment generally.
125B
Functions of the Administrator: supplementary
(1)
The powers that may be conferred on the Administrator by virtue of
section 125A(1) include, in particular—
(a)
power to require a transport fuel supplier to provide the
30
Administrator with such information as the Administrator
may require for purposes connected with the carrying out of
the Administrator’s functions;
(b)
power to impose requirements as to the form in which such
information must be provided and as to the period within
35
which it must be provided;
(c)
power to imposes charges of specified amounts on transport
fuel suppliers.
(2)
The Secretary of State may give written directions to the
Administrator about the exercise of any power conferred on the
40
Administrator by virtue of subsection (1)(a) or (b).
(3)
The power to give directions under subsection (2) includes power to
vary or revoke the directions.
(4)
The Administrator must comply with any directions given under
that subsection.
45
(5)
Sums received by the Administrator by virtue of provision within
subsection (1)(c)—

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Schedule 7 — Renewable transport fuel obligations
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(a)
where the Administrator is the Secretary of State, must be
paid into the Consolidated Fund, and
(b)
otherwise, must be used for the purpose of meeting costs
incurred in carrying out the Administrator’s functions.
(6)
The Secretary of State may make grants to the Administrator on such
5
terms as the Secretary of State may determine.
125C
Transfer of functions to new Administrator
(1)
The Secretary of State may by order—
(a)
appoint a person as the Administrator (“the new
Administrator”) in place of a person previously so appointed
10
by order under this Chapter (“the old Administrator”), and
(b)
provide for the transfer of the functions of the old
Administrator to the new Administrator.
(2)
Only the following persons may be appointed as the Administrator
by order under this section—
15
(a)
the Secretary of State;
(b)
a body or other person established or appointed by or under
any enactment to carry out other functions;
(c)
a body corporate established by the order for appointment as
the Administrator.
20
(3)
An order under this section that establishes a body for appointment
as the Administrator may make any provision that may be made by
an RTF order by virtue of section 125.
(4)
An order under this section may provide for the transfer of staff of
the old Administrator, and of any property, rights or liabilities to
25
which the old Administrator is entitled or subject, to the new
Administrator and may, in particular—
(a)
provide for the transfer of any property, rights or liabilities to
have effect subject to exceptions or reservations specified in
or determined under the order;
30
(b)
provide for the creation of interests in, or rights over,
property transferred or retained or for the creation of new
rights and liabilities;
(c)
provide for the order to have effect in spite of anything that
would prevent or restrict the transfer of the property, rights
35
or liabilities otherwise than by the order.
(5)
The order may, in particular—
(a)
provide for anything done by or in relation to the old
Administrator to have effect as if done by or in relation to the
new Administrator;
40
(b)
permit anything (which may include legal proceedings)
which is in the process of being done by or in relation to the
old Administrator when the transfer takes effect to be
continued by or in relation to the new Administrator;
(c)
provide for a reference to the old Administrator in an
45
instrument or other document to be treated as a reference to
the new Administrator;

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Schedule 7 — Renewable transport fuel obligations
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(d)
where the old Administrator was established by order under
this Chapter, make provision for the dissolution of the old
Administrator;
(e)
make such modifications of any enactment relating to the old
Administrator or the new Administrator as the Secretary of
5
State considers appropriate for the purpose of facilitating the
transfer.
(6)
An order under this section that provides for the transfer of staff of
the old Administrator to the new Administrator must make
provision for the Transfer of Undertakings (Protection of
10
Employment) Regulations 2006 to apply to the transfer.
(7)
Subject to subsection (8), an order under this section is subject to the
negative resolution procedure.
(8)
The power to make an order under this section is subject to the
affirmative resolution procedure if the order—
15
(a)
contains provision by virtue of subsection (2)(c), or
(b)
makes any modification of an enactment contained in—
(i)
an Act of Parliament,
(ii)
an Act of the Scottish Parliament,
(iii)
a Measure or Act of the National Assembly for Wales,
20
or
(iv)
Northern Ireland legislation.”.
Determination of amounts of transport fuel
3
In section 126 (determination of amounts of transport fuel), after subsection
(4) insert—
25
“(5)
If an RTF order makes provision for the counting or determination of
amounts of transport fuel for the purposes of provision made by or
under this Chapter by reference to any document, it may provide for
references to the document to have effect as references to it as revised
or re-issued from time to time.
30
(6)
The Secretary of State may give written directions to the
Administrator about the exercise of any of the Administrator’s
functions in connection with the counting or determination of
amounts of transport fuel for the purposes of provision made by or
under this Chapter.
35
(7)
The power to give directions under subsection (6) includes power to
vary or revoke the directions.
(8)
The Administrator must comply with any directions given under
that subsection.”.
Discharge of obligation by payment
40
4
In section 128 (discharge of obligation by payment), for subsections (6) and
(7) substitute—
“(6)
Where the Administrator is the Secretary of State—