Consideration of Bill: 28th October 2008

3524

Climate Change Bill [Lords], continued

“(1A)

The power to make orders under this section may be exercised so as to

impose more than one carbon emissions reduction obligation on a

person in relation to the same period or to periods that overlap to any

extent.”.

(4)	In subsection (3) (power for order to specify criteria by reference to which the

Gas and Electricity Markets Authority is to determine targets), before

“electricity distributors” insert “electricity generators,”.

(5)	In subsection (4) (duty of the Secretary of State and the Authority to carry out

functions under the section in a way that does not inhibit competition), for the

words from “no electricity distributor” to the end of the subsection substitute

“—

(a)	no electricity generator is unduly disadvantaged in competing

with other electricity generators,

(b)	no electricity distributor is unduly disadvantaged in

competing with other electricity distributors, and

(c)	no electricity supplier is unduly disadvantaged in competing

with other electricity suppliers.”.

(6)	In subsection (5) (provision that may be made by an order in relation to the

obligations it imposes)—

(a)	in paragraph (a), before “electricity distributors” insert “electricity

generators,”,

(b)	after paragraph (b) insert—

“(ba)

requiring the whole or any part of a carbon emissions

reductions target to be met by action relating to—

(i)	persons of a specified description,

(ii)	specified areas or areas of a specified

description, or

(iii)

persons of a specified description in specified

areas or areas of a specified description;”,

(c)	in paragraph (d), before “distributors” insert “generators,”, and

(d)	in paragraph (f), before “distributors” insert “generators,”.

(7)	In subsection (6) (power for order to authorise the Authority to require the

provision of information), before “distributor” insert “generator,”.

(8)	In subsection (7)(d) (power for order to make provision for transfer of person’s

target to another distributor or supplier or to a gas transporter or supplier),

before “electricity distributor” insert “electricity generator,”.

(9)	In subsection (8)(d) (power for order to make different provision in relation to

different distributors or suppliers), before “distributors” insert “generators,”.

(10)	In subsection (11) (duty to consult before making order), before “electricity

distributors” insert “electricity generators,”.

(11)	In subsection (13) (interpretation), at the appropriate place insert—

““specified” means specified in the order.”.

(12)	In the heading, before “electricity distributors” insert “electricity generators,”.

4    (1)

Section 42AA of that Act (publication of statistical information about

performance of suppliers and distributors) is amended as follows.

(2)	In subsection (1) (duty of Gas and Electricity Consumer Council to publish

information about performance and consumer complaints)—

(a)	in paragraph (a), before “electricity suppliers” insert “electricity

generators,”, and

(b)	in paragraph (b), before “suppliers” insert “generators,”.

(3)	In subsection (2) (definition of “complaints”), before “electricity suppliers”

insert “electricity generators,”.

Consideration of Bill: 28th October 2008

3525

Climate Change Bill [Lords], continued

5	In section 64(1) of that Act (interpretation etc of Part 1), in the definition of

“electricity distributor” and “electricity supplier”, after ““electricity

distributor”” insert “, “electricity generator””.

Utilities Act 2000 (c. 27)

6    (1)

Section 103 of the Utilities Act 2000 (overall carbon emissions reduction

targets) is amended as follows.

(2)	In subsection (1)(b) (power by order to specify overall target for the promotion

of measures mentioned in section 41A(2) of the 1989 Act), before

“distributors” insert “generators,”.

(3)	After subsection (1) insert—

“(1A)

The power conferred by this section may be exercised so as to specify

more than one overall target in relation to the same period or to periods

that overlap to any extent.”.

(4)	In subsection (2)(b) (power for order to specify criteria for apportionment of

overall target between electricity and gas sectors), before “electricity

distributors” insert “electricity generators,”.

(5)	In subsection (4) (duty to consult before making order), before “electricity

distributors” insert “electricity generators,”.’.

Secretary Edward Miliband

48

Page  48,  line  16  [Schedule  1],  at end insert—

‘( )	This paragraph does not apply in relation to the Adaptation Sub-Committee.’.

Secretary Edward Miliband

49

Page  48,  line  29  [Schedule  1],  at end insert—

‘( )	A person ceases to be the ASC chair if the person—

(a)	resigns that office by giving written notice to the Secretary of State, or

(b)	ceases to be a member of the ASC.

( )	The ASC may include persons who are not members of the Committee.

( )	Paragraphs 3 to 5 (term of office) apply to a person who is—

(a)	a member of the Committee, and

(b)	a member of the ASC,

in that person’s capacity as a member of the ASC.

( )	Those paragraphs and paragraphs 8 to 10 (remuneration and pensions etc)

apply to a member of the ASC who is not a member of the Committee as they

apply to a member of the Committee.

( )	In the application of paragraph 5(a) by virtue of this paragraph, the reference

to the Committee is a reference to the ASC.

( )	A person who—

(a)	ceases to be a member of the ASC, or

(b)	ceases to be the ASC chair,

Consideration of Bill: 28th October 2008

3526

Climate Change Bill [Lords], continued

may be reappointed to that office.’.

Secretary Edward Miliband

50

Page  50,  line  20  [Schedule  1],  at end insert—

‘( )	section (Advice in connection with international

aviation and international shipping) (advice in

connection with international aviation and international

shipping),’.

Mr Terry Rooney

59

Page  77,  line  13  [Schedule  6],  after ‘use’, insert ‘plastic’.

Harry Cohen

Tom Brake

Peter Bottomley

19

Page  77,  line  17  [Schedule  6],  at beginning insert—

‘(1)	The relevant national authority shall, no later than one year from the date on

which section 75 comes into effect, make a statement indicating statistics about

the supply of single use carrier bags and comparing them with the previous year.

(2)	If the statistics show that there has been no reduction in the supply of single use

carrier bags compared with the previous year, or if the relevant national authority

is not satisfied with any reduction in the supply of single use carrier bags,’.

Harry Cohen

Tom Brake

Peter Bottomley

20

Page  77,  line  17  [Schedule  6],  leave out ‘may’ and insert ‘shall’.

Mr Terry Rooney

60

Page  77,  line  18  [Schedule  6],  after ‘use’, insert ‘plastic’.

Harry Cohen

Tom Brake

Peter Bottomley

21

Page  77,  line  20  [Schedule  6],  leave out ‘may’ and insert ‘shall’.

Mr Terry Rooney

61

Page  77,  line  21  [Schedule  6],  after ‘use’, insert ‘plastic’.

Consideration of Bill: 28th October 2008

3527

Climate Change Bill [Lords], continued

Harry Cohen

Tom Brake

Peter Bottomley

22

Page  77,  line  23  [Schedule  6],  leave out ‘or’ and insert ‘and’.

Harry Cohen

Tom Brake

Peter Bottomley

23

Page  78,  line  9  [Schedule  6],  leave out paragraph 4 and insert—

‘4	The minimum amount that a seller must charge for each single use carrier bag

shall be no less than £0.25 for each bag, or such greater amount as the relevant

national authority may specify in regulations.’.

Mr Terry Rooney

62

Page  78,  line  10  [Schedule  6],  after ‘use’, insert ‘plastic’.

Mr Terry Rooney

63

Page  78,  line  12  [Schedule  6],  after ‘use’, insert ‘plastic’.

Harry Cohen

24

Page  78,  line  13  [Schedule  6],  leave out from ‘bag’ to end of line 18 and insert

‘means a bag supplied by a seller and which has the primary purpose of carrying items

purchased from that seller on the occasion on which the bag is so supplied, but does not

include an exempt carrier bag.’.

Mr Terry Rooney

64

Page  78,  line  15  [Schedule  6],  leave out ‘composition’.

Harry Cohen

Peter Bottomley

Tom Brake

Peter Bottomley

25

Page  78,  line  18  [Schedule  6],  at end insert—

‘Exempt carrier bags

5A  (1)

The following bags are “exempt carrier bags” for the purposes of paragraph

5—

(a)	small bags used to contain any unpackaged food for human or animal

consumption;

(b)	bags used for packaging any goods and sealed before the goods are

offered for retail sale or supply;

(c)	bags sold in the ordinary course of trade for use by the customer away

from the premises at which they are sold;

Consideration of Bill: 28th October 2008

3528

Climate Change Bill [Lords], continued

(d)	bags provided to the customer for the transmission of goods to the

retailer;

(e)	bags designed to be used for the disposal of waste;

(f)	bags used to contain goods sold on board a ship, aircraft, train or bus

used for carrying passengers.

(2)	In sub-paragraph (1)(a), a “small bag” means one which, when measured flat

with any gussets opened, is no larger than 300mm by 300mm.

(3)	The relevant national authority may by regulations—

(a)	add or remove any category of bag from the list of exempt bags in sub-

paragraph (1); or

(b)	reduce the dimensions referred to in sub-paragraph (2).’.

Harry Cohen

Tom Brake

Peter Bottomley

26

Page  78,  line  32  [Schedule  6],  leave out ‘may’ and insert ‘shall’.

Mr Terry Rooney

65

Page  78,  line  33  [Schedule  6],  after ‘use’, insert ‘plastic’.

Mr Terry Rooney

66

Page  79,  line  3  [Schedule  6],  after ‘use’, insert ‘plastic’.

Mr Terry Rooney

67

Page  79,  line  9  [Schedule  6],  after ‘use’, insert ‘plastic’.

Mr Terry Rooney

52

Title,  line  10,  after ‘use’, insert ‘plastic’.

Secretary Edward Miliband

51

Title,  line  11,  after ‘obligations;’, insert ‘to make provision about carbon emissions

reduction targets;’.

Consideration of Bill: 28th October 2008

3529

Climate Change Bill [Lords], continued

Order of the House [9th June 2008]

That the following provisions shall apply to the Climate Change Bill [Lords]:

Committal

1.	The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

2.	Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on Tuesday 8th July 2008.

3.	The Public Bill Committee shall have leave to sit twice on the first day on

which it meets.

Consideration and Third Reading

4.	Proceedings on consideration shall (so far as not previously concluded) be

brought to a conclusion one hour before the moment of interruption on the

day on which those proceedings are commenced.

5.	Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption on that day.

6.	Standing Order No. 83B (Programming committees) shall not apply to

proceedings on consideration and Third Reading.

Other proceedings

7.	Any other proceedings on the Bill (including any proceedings on any

messages from the Lords) may be programmed.

---

Revised 28 October 2008