1.In its letter to the Department dated 24 April 2019 the Joint Committee requested a memorandum on the following point in relation to the Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Regulations 2019 (the “Regulations”):
The preamble states that statutory consultation was carried out and the Explanatory Memorandum (at paragraph 10.2) states that no formal public consultation has taken place. Which is correct?
2.The necessary statutory consultation was carried out, but the Department acknowledges that the preamble should have been clearer about the nature of the consultation.
3.In the circumstances of these Regulations, it was not considered appropriate or necessary to consult bodies or persons pursuant to Section 2(4)(c) of the Pollution Prevention and Control Act 1999 (“such bodies appearing [to the Secretary of State] to be representative of the interests of local government, industry, agriculture and small business”) because of the urgency of the Regulations and the timeframe and negligible administrative impacts foreseen on operators. As such, it is right as explained in the Explanatory Memorandum that no public consultation was undertaken, but before making the Regulations the Governments of Scotland, Wales and Northern Ireland and UK Regulators were consulted.
Department for Business, Energy and Industrial Strategy
30 April 2019
Published: 10 May 2019