Climate Change Bill [HL]

House of Lords

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Climate Change Bill [HL]

Climate Change Bill [HL]
Part 2 — The Committee on Climate Change
17

(3)
A national authority that requests the Committee to provide advice, analysis,
information or other assistance under—
(a)
section 30 (duty to provide advice or assistance on request), or
(b)
section 40 (advice on trading scheme regulations),

may give the Committee guidance as to the matters it is to take into account in
5
responding to that request.

If the request is made by two or more national authorities, the guidance must
be given by them jointly.
(4)
The power to give guidance under this section includes power to vary or
revoke it.
10
(5)
In performing its functions the Committee must have regard to any guidance
given under this section.
34
Powers to give directions
(1)
The national authorities may give the Committee directions as to the exercise
of—
15
(a)
its functions generally, or
(b)
any of its functions under Schedule 1.
(2)
The Secretary of State may give the Committee directions as to the exercise of
its functions under—
(a)
Part 1 (carbon target and budgeting),
20
(b)
section 27 (advice in connection with carbon budgets), or
(c)
section 28 (reports on progress).

Before giving such directions, the Secretary of State must consult the other
national authorities.
(3)
A national authority that requests the Committee to provide advice, analysis,
25
information or other assistance under—
(a)
section 30 (duty to provide advice or assistance on request), or
(b)
section 40 (advice on trading scheme regulations),

may give the Committee directions as to the exercise of its functions in
responding to that request.
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If the request is made by two or more national authorities, the directions must
be given by them jointly.
(4)
The power to give directions under this section does not include power to
direct the Committee as to the content of any advice or report.
(5)
The power to give directions under this section includes power to vary or
35
revoke the directions.
(6)
The Committee must comply with any directions given under this section.
Interpretation
35
Interpretation of Part 2
Expressions used in this Part that are defined in Part 1 (carbon target and
40
budgeting) have the same meaning as in that Part.

Climate Change Bill [HL]
Part 3 — Trading schemes
18

Part 3
Trading schemes
Trading schemes
36
Trading schemes
(1)
The relevant national authority may make provision by regulations for trading
5
schemes relating to greenhouse gas emissions.
(2)
A “trading scheme” is a scheme that operates by—
(a)
limiting or encouraging the limitation of activities that consist of the
emission of greenhouse gas or that cause or contribute, directly or
indirectly, to such emissions, or
10
(b)
encouraging activities that consist of, or that cause or contribute,
directly or indirectly, to reductions in greenhouse gas emissions or the
removal of greenhouse gas from the atmosphere.
37
Activities to which trading schemes may apply
(1)
For the purposes of this Part activities are regarded as indirectly causing or
15
contributing to greenhouse gas emissions if they involve, in particular—
(a)
the consumption of energy,
(b)
the use of materials in whose production energy was consumed,
(c)
the disposal otherwise than for recycling of materials in whose
production energy was consumed, or
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(d)
the production or supply of anything whose subsequent use directly
causes or contributes to greenhouse gas emissions.
(2)
Correspondingly, for the purposes of this Part activities are regarded as
indirectly causing or contributing to the reduction of greenhouse gas emissions
if they involve a reduction under any of those heads.
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(3)
This Part applies to activities carried on in the United Kingdom, regardless of
where the related emissions, reductions or removals of greenhouse gas occur.
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Matters that may or must be provided for in regulations
(1)
Schedule 2 specifies matters that may or must be provided for in regulations
under section 36.
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(2)
In that Schedule—
Part 1 deals with schemes that operate by limiting or encouraging the
limitation of activities that consist of the emission of greenhouse gas or
that cause or contribute, directly or indirectly, to such emissions;
Part 2 deals with schemes that operate by encouraging activities that
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consist of, or that cause or contribute, directly or indirectly, to
reductions in greenhouse gas emissions or the removal of greenhouse
gas from the atmosphere;
Part 3 deals with administration and enforcement.
(3)
Regulations under section 36 may also make provision about the application of
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the regulations to the Crown.

Climate Change Bill [HL]
Part 3 — Trading schemes
19

Authorities and regulations
39
Relevant national authorities
(1)
This section identifies “the relevant national authority” for the purposes of this
Part.
(2)
The Scottish Ministers are the relevant national authority in relation to matters
5
within the legislative competence of the Scottish Parliament.
(3)
The Welsh Ministers are the relevant national authority in relation to matters
that—
(a)
are within the legislative competence of the National Assembly for
Wales, or
10
(b)
relate to limiting or encouraging the limitation of activities in Wales
that consist of the emission of greenhouse gas, other than activities in
connection with offshore oil and gas exploration and exploitation.
(4)
In subsection (3)(b)—
“Wales” has the same meaning as in the Government of Wales Act 2006;
15
and
“offshore oil and gas exploration and exploitation” has the same meaning
as in the National Assembly for Wales (Transfer of Functions) Order
2005 (S.I. 2005/1958).
(5)
The Secretary of State or the relevant Northern Ireland department is the
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relevant authority in relation to reserved matters within the meaning of the
Northern Ireland Act 1998 (c. 47).
(6)
The relevant Northern Ireland department is the relevant authority in relation
to all other matters within the legislative competence of the Northern Ireland
Assembly.
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(7)
The Secretary of State is the relevant national authority in relation to all other
matters.
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Procedure for making regulations
(1)
Before making regulations under this Part, a national authority must—
(a)
obtain, and take into account, the advice of the Committee on Climate
30
Change, and
(b)
consult such persons likely to be affected by the regulations as the
authority considers appropriate.
(2)
In particular, before making regulations under this Part that set a limit on the
total amount of the activities to which a trading scheme applies for a trading
35
period or periods, a national authority must obtain, and take into account, the
advice of the Committee on Climate Change on the amount of that limit.
(3)
Regulations under this Part are subject to affirmative resolution procedure if
they contain provision—
(a)
setting up a trading scheme,
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(b)
extending the class of participants or activities to which a trading
scheme applies,
(c)
extending the duration of a trading scheme,

Climate Change Bill [HL]
Part 3 — Trading schemes
20

(d)
making the overall requirements of a trading scheme significantly more
onerous,
(e)
conferring new powers to enforce the requirements of a trading
scheme,
(f)
creating an offence or increasing the penalties for an existing offence, or
5
(g)
amending or repealing a provision of an enactment contained in
primary legislation.
(4)
Other regulations under this Part are subject to negative resolution procedure.
(5)
The relevant Northern Ireland department may only make regulations under
this Part dealing with a reserved matter within the meaning of the Northern
10
Ireland Act 1998 (c. 47) with the consent of the Secretary of State.
41
Further provisions about regulations
(1)
Schedule 3 makes further provision about regulations under this Part.
(2)
In that Schedule—
Part 1 relates to regulations made by a single national authority;
15
Part 2 relates to regulations made by two or more national authorities; and
Part 3 confers power to make provision by Order in Council.
Other supplementary provisions
42
Information
(1)
Schedule 4 confers powers to require information for the purposes of enabling
20
a trading scheme to be established.
(2)
Paragraphs 1 to 5 of that Schedule shall cease to have effect on 1st January 2011.
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Powers to give guidance
(1)
The relevant national authority may give guidance to the administrator of a
trading scheme.
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(2)
The power to give guidance under this section includes power to vary or
revoke it.
(3)
The administrator must have regard to any guidance given under this section.
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Powers to give directions
(1)
The relevant national authority may give directions to the administrator of a
30
trading scheme.
(2)
The power to give directions under this section includes power to vary or
revoke the directions.
(3)
The administrator must comply with any directions given under this section.
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Grants to administrators and participants
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(1)
A national authority may make, or arrange for the making of, grants to—

Climate Change Bill [HL]
Part 4 — Impact of and adaptation to climate change
21

(a)
the administrator of a trading scheme, or
(b)
the participants in a trading scheme.
(2)
A grant under this section may be made subject to such conditions as may be
determined by, or in accordance with arrangements made by, the national
authority that makes the grant.
5
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Power to make consequential provision
A national authority may by regulations—
(a)
make such provision amending, repealing or revoking any enactment
as the authority considers appropriate in consequence of provision
made by that authority by regulations under section 36 (trading
10
schemes);
(b)
make such transitional provision and savings as the authority considers
appropriate in connection with the coming into effect of such provision.
Interpretation
47
Interpretation of Part 3
15
In this Part—
“administrator”, in relation to a trading scheme, means a person
appointed as the administrator of the scheme by regulations under
paragraph 21 of Schedule 2;
“participant”, in relation to a trading scheme, means a person to whom the
20
scheme applies by virtue of regulations under paragraph 4 or 15 of
Schedule 2;
“trading period”, in relation to a trading scheme, means a period by
reference to which the scheme is to operate by virtue of regulations
under paragraph 2 or 13 of Schedule 2.
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Part 4
Impact of and adaptation to climate change
National reports and programmes
48
Report on impact of climate change
(1)
It is the duty of the Secretary of State to lay before Parliament from time to time
30
a report containing an assessment of the risks for the United Kingdom of the
current and predicted impact of climate change.
(2)
The first report under this section must be laid before Parliament no later than
three years after this section comes into force.
(3)
Subsequent reports must be laid before Parliament no later than five years after
35
the previous report was so laid.
(4)
The Secretary of State may extend the period for laying any such report, but
must publish a statement setting out the reasons for the delay and specifying
when the report will be laid before Parliament.

Climate Change Bill [HL]
Part 4 — Impact of and adaptation to climate change
22

(5)
The Secretary of State must send a copy of each report under this section to the
other national authorities.
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Programme for adaptation to climate change
(1)
It is the duty of the Secretary of State to lay before Parliament from time to time
a programme setting out —
5
(a)
the objectives of Her Majesty’s Government in the United Kingdom in
relation to adaptation to climate change,
(b)
the Government’s proposals and policies for meeting those objectives,
and
(c)
the time-scales for introducing those proposals and policies,
10

addressing the risks identified in the most recent report under section 48.
(2)
The objectives, proposals and policies must be such as to contribute to
sustainable development.
(3)
The second and each subsequent programme under this section must contain
an assessment of the progress made towards implementing the objectives,
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proposals and policies set out in earlier programmes.
(4)
Each programme under this section must be laid before Parliament as soon as
is reasonably practicable after the laying of the report under section 48 to which
it relates.
(5)
The Secretary of State must send a copy of each programme under this section
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to the other national authorities.
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Programme for adaptation to climate change: Northern Ireland
(1)
It is the duty of the relevant Northern Ireland department to lay before the
Northern Ireland Assembly from time to time a programme setting out—
(a)
the objectives of the department in relation to adaptation to climate
25
change,
(b)
the department’s proposals and policies for meeting those objectives,
and
(c)
the time-scales for introducing those proposals and policies,

addressing the risks identified in the most recent report under section 48.
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(2)
The objectives, proposals and policies must be such as to contribute to
sustainable development.
(3)
The second and each subsequent programme under this section must contain
an assessment of the progress made towards implementing the objectives,
proposals and policies set out in earlier programmes.
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(4)
Each programme under this section must be laid before the Northern Ireland
Assembly as soon as is reasonably practicable after the laying before
Parliament of the report under section 48 to which it relates.
(5)
The relevant Northern Ireland department must send a copy of each
programme under this section to the other national authorities.
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