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 7 — Renewable transport fuel obligations

94

(a)

sums received by the Administrator by virtue of this section

must be paid into the Consolidated Fund, and

(b)

an RTF order may make provision for sums to be paid by the

Administrator to transport fuel suppliers, or to transport fuel

suppliers of a specified description, in accordance with the

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specified system of allocation.

(7)

Such an order must contain provision ensuring that the total of the

sums so paid by the Administrator does not at any time exceed the

total of the sums so received by the Administrator up to that time.

(8)

Where the Administrator is a person other than the Secretary of

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State, an RTF order may—

(a)

require the Administrator to use, to the specified extent, sums

received by the Administrator by virtue of this section for the

purpose of meeting costs incurred in carrying out the

Administrator’s functions, or

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(b)

require the Administrator to pay, to the specified extent,

sums so received to the Secretary of State.

(9)

Sums so received which are not dealt with in accordance with

provision made under subsection (8) must be paid by the

Administrator to transport fuel suppliers, or to transport fuel

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suppliers of a specified description, in accordance with the specified

system of allocation.

(10)

The Secretary of State must pay sums received by the Secretary of

State by virtue of provision made under subsection (8)(b) into the

Consolidated Fund.”.

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Civil penalties

5

In section 129 (imposition of civil penalties), for subsection (7) substitute—

“(7)

Sums received by the Administrator by virtue of this section—

(a)

where the Administrator is the Secretary of State, must be

paid into the Consolidated Fund, and

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(b)

otherwise, must be paid to the Secretary of State, who must

pay them into the Consolidated Fund.”.

Disclosure of information

6

After section 131 insert—

“131A

Disclosure of information held by Revenue and Customs

35

(1)

This section applies to information held by or on behalf of the

Commissioners for Her Majesty’s Revenue and Customs in

connection with their functions under or by virtue of the

Hydrocarbon Oil Duties Act 1979.

(2)

Such information may be disclosed to—

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(a)

the Administrator, or

(b)

an authorised person,



for the purposes of or in connection with the Administrator’s

functions.

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Schedule 7 — Renewable transport fuel obligations

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(3)

In this Chapter “authorised person” means a person who—

(a)

provides services to, or exercises functions on behalf of, the

Administrator, and

(b)

is authorised by the Administrator to receive information to

which this section applies.

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(4)

The Administrator may authorise such a person to receive

information to which this section applies either generally or for a

specific purpose.

131B

Further disclosure of information

(1)

This section applies to information disclosed under section 131A,

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other than information which is also provided to the Administrator

or an authorised person otherwise than under that section.

(2)

Information to which this section applies may not be disclosed—

(a)

by the Administrator,

(b)

by an authorised person, or

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(c)

by any other person who obtains it in the course of providing

services to, or exercising functions on behalf of, the

Administrator,



except as permitted by the following provisions of this section.

(3)

Subsection (2) does not apply to a disclosure made—

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(a)

by the Administrator to an authorised person,

(b)

by an authorised person to the Administrator, or

(c)

by an authorised person to another authorised person,



for the purposes of, or in connection with, the discharge of the

Administrator’s functions.

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(4)

Subsection (2) does not apply to a disclosure if it is—

(a)

authorised by an enactment,

(b)

made in pursuance of an order of a court,

(c)

made for the purposes of a criminal investigation or criminal

proceedings (whether or not within the United Kingdom)

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relating to a matter in respect of which the Administrator has

functions,

(d)

made for the purposes of civil proceedings (whether or not

within the United Kingdom) relating to a matter in respect of

which the Administrator has functions,

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(e)

made with the consent of the Commissioners for Her

Majesty’s Revenue and Customs, or

(f)

made with the consent of each person to whom the

information relates.

131C

Wrongful disclosure

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(1)

A person commits an offence if—

(a)

he discloses information about a person in contravention of

section 131B(2), and

(b)

the person’s identity is specified in the disclosure or can be

deduced from it.

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Schedule 7 — Renewable transport fuel obligations

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(2)

In subsection (1) “information about a person” means revenue and

customs information relating to a person within the meaning of

section 19(2) of the Commissioners for Revenue and Customs Act

2005 (wrongful disclosure).

(3)

It is a defence for a person charged with an offence under this section

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to prove that he reasonably believed—

(a)

that the disclosure was lawful, or

(b)

that the information had already and lawfully been made

available to the public.

(4)

A person guilty of an offence under this section is liable—

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(a)

on conviction on indictment, to imprisonment for a term not

exceeding two years or a fine or both, or

(b)

on summary conviction, to imprisonment for a term not

exceeding twelve months or a fine not exceeding the

statutory maximum or both.

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(5)

A prosecution for an offence under this section—

(a)

may be brought in England and Wales only with the consent

of the Director of Public Prosecutions;

(b)

may be brought in Northern Ireland only with the consent of

the Director of Public Prosecutions for Northern Ireland.

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(6)

In the application of this section—

(a)

in England and Wales, in relation to an offence committed

before the commencement of section 154(1) of the Criminal

Justice Act 2003, or

(b)

in Northern Ireland,

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the reference in subsection (4)(b) to twelve months is to be read as a

reference to six months.”.

Interpretation

7     (1)

Section 132(1) (interpretation of Chapter 5 of Part 2) is amended as follows.

      (2)

For the definition of “Administrator” substitute—

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““Administrator” means the person for the time being

appointed as the Administrator by order under this

Chapter;”.

      (3)

In the appropriate place insert—

““authorised person” has the meaning given by section

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131A(3);”;

““enactment” includes—

(a)

an enactment contained in subordinate legislation,

(b)

an enactment contained in, or in an instrument made

under, an Act of the Scottish Parliament,

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(c)

an enactment contained in, or in an instrument made

under, Northern Ireland legislation, and

(d)

an enactment contained in, or in an instrument made

under, a Measure or Act of the National Assembly for

Wales;”.

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Schedule 7 — Renewable transport fuel obligations

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      (4)

In section 196(1) of the Energy Act 2004 (c. 20) (general interpretation), in the

definition of “enactment”, after ““enactment”” insert “(except in Chapter 5 of

Part 2)”.