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Report Stage Proceedings: 28th October 2008
881

Climate Change Bill-[ [], continued

‘Carbon emissions reduction targets

Gas Act 1986 (c. 44)

1    (1)
Section 33BC of the Gas Act 1986 (promotion of reductions in carbon

emissions: gas transporters and gas suppliers) is amended as follows.

      (2)
After subsection (1) insert—

“(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.”.

      (3)
In subsection (5) (provision that may be made by an order under section 33BC

in relation to the obligations it imposes), 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;”.

      (4)
In subsection (13) (interpretation), at the appropriate place insert—

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

Electricity Act 1989 (c. 29)

2
In section 6(9) of the Electricity Act 1989 (definition of “electricity

distributor” and “electricity supplier”), at the appropriate place insert—

““electricity generator” means any person who is authorised by a

generation licence to generate electricity except where that person is

acting otherwise than for purposes connected with the carrying on of

activities authorised by the licence;”.

3    (1)
Section 41A of that Act (promotion of reductions in carbon emissions:

electricity distributors and electricity suppliers) is amended as follows.

      (2)
In subsection (1) (power by order to impose obligations on distributors and

suppliers to achieve carbon emissions reductions targets)—

(a)
before paragraph (a) insert—

“(za)
on each electricity generator (or each electricity

generator of a specified description);”, and

(b)
in the closing words, before “distributor” insert “generator,”.

      (3)
After that subsection insert—

“(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,

Report Stage Proceedings: 28th October 2008
882

Climate Change Bill-[ [], continued

(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,”.

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—

Report Stage Proceedings: 28th October 2008
883

Climate Change Bill-[ [], continued

“(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

Agreed to  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

Agreed to  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,


may be reappointed to that office.’.

Secretary Edward Miliband

Agreed to  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),’.

Report Stage Proceedings: 28th October 2008
884

Climate Change Bill-[ [], continued

Mr Terry Rooney

Not selected  59

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

Harry Cohen

Tom Brake

Peter Bottomley

Not called  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

Not called  20

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

Mr Terry Rooney

Not called  60

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

Harry Cohen

Tom Brake

Peter Bottomley

Not called  21

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

Mr Terry Rooney

Not called  61

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

Harry Cohen

Tom Brake

Peter Bottomley

Not called  22

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

Harry Cohen

Tom Brake

Peter Bottomley

Not called  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.’.

Report Stage Proceedings: 28th October 2008
885

Climate Change Bill-[ [], continued

Mr Terry Rooney

Not called  62

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

Mr Terry Rooney

Not called  63

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

Harry Cohen

Not called  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

Not called  64

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

Harry Cohen

Peter Bottomley

Tom Brake

Peter Bottomley

Not called  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;

(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

Not called  26

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

Report Stage Proceedings: 28th October 2008
886

Climate Change Bill-[ [], continued

Mr Terry Rooney

Not called  65

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

Mr Terry Rooney

Not called  66

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

Mr Terry Rooney

Not called  67

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

Mr Terry Rooney

Not called  52

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

Secretary Edward Miliband

Agreed to  51

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

reduction targets;’.

Bill read the third time, and passed, with Amendments.