|
| |
| |
Reporting authorities: non-devolved functions |
| |
51 | Guidance by Secretary of State to reporting authorities |
| |
(1) | The Secretary of State may issue guidance to reporting authorities about— |
| |
(a) | assessing the current and predicted impact of climate change in relation |
| |
to the authorities’ functions, |
| 5 |
(b) | preparing proposals and policies for adapting to climate change in the |
| |
exercise of their functions, and |
| |
(c) | co-operating with other reporting authorities for that purpose. |
| |
(2) | This section does not apply to devolved functions. |
| |
52 | Directions by Secretary of State to prepare reports |
| 10 |
(1) | The Secretary of State may direct a reporting authority to prepare a report |
| |
containing any of the following— |
| |
(a) | an assessment of the current and predicted impact of climate change in |
| |
relation to the authority’s functions; |
| |
(b) | a statement of the authority’s proposals and policies for adapting to |
| 15 |
climate change in the exercise of its functions and the time-scales for |
| |
introducing those proposals and policies; |
| |
(c) | an assessment of the progress made by the authority towards |
| |
implementing the proposals and policies set out in its previous reports. |
| |
(2) | The Secretary of State may direct two or more reporting authorities to prepare |
| 20 |
| |
(3) | The Secretary of State may give directions about— |
| |
(a) | the time within which a report must be prepared, and |
| |
| |
| and may, in particular, require it to cover a particular geographical area. |
| 25 |
(4) | This section does not apply to devolved functions. |
| |
53 | Compliance with Secretary of State’s directions |
| |
(1) | A reporting authority must comply with any directions under section 52. |
| |
(2) | Where two or more reporting authorities are directed to prepare a joint report, |
| |
they must take reasonable steps to co-operate with each other for that purpose. |
| 30 |
(3) | In preparing a report, a reporting authority must have regard to the following, |
| |
| |
(a) | the most recent report under section 48 (report on impact of climate |
| |
| |
(b) | the most recent programme under section 49 (programme for |
| 35 |
adaptation to climate change); |
| |
(c) | any guidance issued by the Secretary of State under section 51. |
| |
| |
(a) | has functions that are exercisable in or as regards Wales, or |
| |
(b) | has devolved Welsh functions, |
| 40 |
| |
| |
|
| |
| |
| it must also have regard, so far as relevant, to any guidance issued by the |
| |
Welsh Ministers under section 55 and the most recent report under section 65 |
| |
(report on climate change: Wales). |
| |
(5) | The authority must send a copy of the report to the Secretary of State. |
| |
(6) | The Secretary of State must publish the report in such manner as the Secretary |
| 5 |
of State considers appropriate. |
| |
(7) | This does not require the Secretary of State to publish— |
| |
(a) | information the Secretary of State could refuse to disclose in response |
| |
| |
(i) | the Freedom of Information Act 2000 (c. 36), or |
| 10 |
(ii) | the Environmental Information Regulations 2004 (S.I. 2004/ |
| |
3391) or any regulations replacing those regulations; |
| |
(b) | information whose disclosure is prohibited by any enactment. |
| |
(8) | The authority must have regard to the report in exercising its functions other |
| |
than its devolved functions. |
| 15 |
54 | Consent of, or consultation with, devolved authorities |
| |
(1) | The Secretary of State must obtain the consent of a devolved authority before |
| |
issuing guidance under section 51 or giving a direction under section 52 |
| |
relating to functions in relation to which— |
| |
(a) | functions are exercisable jointly by that devolved authority and a |
| 20 |
Minister of the Crown, or |
| |
(b) | functions are exercisable by a Minister of the Crown only with the |
| |
agreement of that devolved authority. |
| |
(2) | The Secretary of State must consult a devolved authority before issuing |
| |
guidance under section 51 or giving a direction under section 52 relating to |
| 25 |
functions in relation to which— |
| |
(a) | functions are exercisable by that devolved authority other than jointly |
| |
with a Minister of the Crown, or |
| |
(b) | functions are exercisable by a Minister of the Crown only after |
| |
consultation with that devolved authority. |
| 30 |
Reporting authorities: devolved Welsh functions |
| |
55 | Guidance by Welsh Ministers to reporting authorities |
| |
The Welsh Ministers may issue guidance to reporting authorities about— |
| |
(a) | assessing the current and predicted impact of climate change in relation |
| |
to the authorities’ devolved Welsh functions, |
| 35 |
(b) | preparing proposals and policies for adapting to climate change in the |
| |
exercise of those functions, and |
| |
(c) | co-operating with other reporting authorities for that purpose. |
| |
56 | Directions by Welsh Ministers to prepare reports |
| |
(1) | The Welsh Ministers may direct a reporting authority to prepare a report |
| 40 |
containing any of the following— |
| |
| |
| |
|
| |
| |
(a) | an assessment of the current and predicted impact of climate change in |
| |
relation to the authority’s devolved Welsh functions; |
| |
(b) | a statement of the authority’s proposals and policies for adapting to |
| |
climate change in the exercise of those functions and the time-scales for |
| |
introducing those proposals and policies; |
| 5 |
(c) | an assessment of the progress made by the authority towards |
| |
implementing the proposals and policies set out in its previous reports. |
| |
(2) | The Welsh Ministers may direct two or more reporting authorities to prepare |
| |
| |
(3) | The Welsh Ministers may give directions about— |
| 10 |
(a) | the time within which a report must be prepared, and |
| |
| |
| and may, in particular, require it to cover a particular geographical area. |
| |
57 | Compliance with Welsh Ministers’ directions |
| |
(1) | A reporting authority must comply with any directions under section 56. |
| 15 |
(2) | Where two or more reporting authorities are directed to prepare a joint report, |
| |
they must take reasonable steps to co-operate with each other for that purpose. |
| |
(3) | In preparing a report, a reporting authority must have regard to the following, |
| |
| |
(a) | the most recent report under section 48 (report on impact of climate |
| 20 |
| |
(b) | the most recent programme under section 49 (programme for |
| |
adaptation to climate change); |
| |
(c) | any guidance issued by the Secretary of State under section 51; |
| |
(d) | any guidance issued by the Welsh Ministers under section 55; |
| 25 |
(e) | the most recent report under section 65 (report on climate change: |
| |
| |
(4) | The authority must send a copy of the report to the Welsh Ministers. |
| |
(5) | The Welsh Ministers must publish the report in such manner as they consider |
| |
| 30 |
(6) | This does not require the Welsh Ministers to publish— |
| |
(a) | information they could refuse to disclose in response to a request |
| |
| |
(i) | the Freedom of Information Act 2000 (c. 36), or |
| |
(ii) | the Environmental Information Regulations 2004 (S.I. 2004/ |
| 35 |
3391) or any regulations replacing those regulations; |
| |
(b) | information whose disclosure is prohibited by any enactment. |
| |
(7) | The authority must have regard to the report in exercising its devolved Welsh |
| |
| |
58 | Consent of, or consultation with, Secretary of State |
| 40 |
(1) | The Welsh Ministers must obtain the consent of the Secretary of State before |
| |
issuing guidance under section 55 or giving a direction under section 56 |
| |
relating to functions in relation to which— |
| |
| |
| |
|
| |
| |
(a) | functions are exercisable by a Minister of the Crown jointly with the |
| |
Welsh Ministers, the First Minister or the Counsel General, or |
| |
(b) | functions are exercisable by the Welsh Ministers, the First Minister or |
| |
the Counsel General only with the agreement of a Minister of the |
| |
| 5 |
(2) | The Welsh Ministers must consult the Secretary of State before issuing |
| |
guidance under section 55 or giving a direction under section 56 relating to |
| |
functions in relation to which— |
| |
(a) | functions are exercisable by a Minister of the Crown other than jointly |
| |
with the Welsh Ministers, the First Minister or the Counsel General, or |
| 10 |
(b) | functions are exercisable by the Welsh Ministers, the First Minister or |
| |
the Counsel General only after consultation with a Minister of the |
| |
| |
| |
59 | Interpretation of sections 51 to 58 |
| 15 |
(1) | In sections 51 to 58 and this section “reporting authority” means— |
| |
(a) | a person or body with functions of a public nature, |
| |
(b) | a person who is or is deemed to be a statutory undertaker for the |
| |
purposes of any provision of— |
| |
(i) | Part 11 of the Town and Country Planning Act 1990 (c. 8) (see |
| 20 |
section 262 of that Act), or |
| |
(ii) | Part 10 of the Town and Country Planning (Scotland) Act 1997 |
| |
(c. 8) (see section 214 of that Act), or |
| |
(c) | a person who is a statutory undertaker within the meaning of the |
| |
Planning (Northern Ireland) Order 1991 (S.I. 1991/1220 (N.I. 11)) (see |
| 25 |
Article 2(1) of that Order). |
| |
(2) | None of the following are reporting authorities for the purposes of those |
| |
sections and this section— |
| |
(a) | a Minister of the Crown; |
| |
(b) | either House of Parliament; |
| 30 |
(c) | a devolved authority; |
| |
(d) | a devolved legislature. |
| |
(3) | In those sections and this section “devolved authority” means— |
| |
(a) | the Welsh Ministers, the First Minister or the Counsel General, |
| |
(b) | the Scottish Ministers, the First Minister, the Lord Advocate or the |
| 35 |
Solicitor General for Scotland, or |
| |
(c) | a Minister within the meaning of the Northern Ireland Act 1998 (c. 47) |
| |
or a Northern Ireland department. |
| |
(4) | References in those sections to a reporting authority’s “devolved functions” are |
| |
| 40 |
(a) | conferred or imposed by or under a Measure or Act of the National |
| |
| |
(b) | exercisable in or as regards Wales and relating to matters within the |
| |
legislative competence of the National Assembly for Wales, |
| |
(c) | exercisable in or as regards Scotland and relating to matters within the |
| 45 |
legislative competence of the Scottish Parliament, |
| |
| |
| |
|
| |
| |
(d) | exercisable in or as regards Northern Ireland and relating to transferred |
| |
matters within the meaning of the Northern Ireland Act 1998 (c. 47), or |
| |
(e) | in relation to which functions are exercisable by a devolved authority, |
| |
| and in relation to which no functions are exercisable by a Minister of the |
| |
| 5 |
(5) | For this purpose functions are not to be regarded as exercisable by a Minister |
| |
of the Crown in relation to a reporting authority’s functions merely because— |
| |
(a) | the Minister of the Crown may exercise functions— |
| |
(i) | under section 2(2) of the European Communities Act 1972 |
| |
| 10 |
(ii) | by virtue of section 57(1) or under section 58 of the Scotland Act |
| |
1998 (c. 46) (Community and international obligations), |
| |
(iii) | under section 27 or 28 of the Northern Ireland Act 1998 |
| |
(international etc obligations), |
| |
(iv) | by virtue of paragraph 5 of Schedule 3 to the Government of |
| 15 |
Wales Act 2006 (c. 32) or under section 82 of that Act |
| |
(Community and international obligations), or |
| |
(v) | under section 152 of that Act (intervention in case of functions |
| |
| |
| in relation to the reporting authority’s functions, |
| 20 |
(b) | the Minister of the Crown’s agreement is required to the exercise of a |
| |
function by a devolved authority in relation to the reporting authority’s |
| |
| |
(c) | the Minister of the Crown must be consulted by a devolved authority |
| |
about the exercise of a function in relation to the reporting authority’s |
| 25 |
| |
(6) | References in those sections to a reporting authority’s “devolved Welsh |
| |
functions” are to functions— |
| |
(a) | conferred or imposed by or under a Measure or Act of the National |
| |
| 30 |
(b) | exercisable in or as regards Wales and relating to matters within the |
| |
legislative competence of the National Assembly for Wales, or |
| |
(c) | in relation to which functions are exercisable by the Welsh Ministers, |
| |
the First Minister or the Counsel General. |
| |
(7) | For this purpose functions are not to be regarded as exercisable by the Welsh |
| 35 |
Ministers, the First Minister or the Counsel General in relation to a reporting |
| |
authority’s functions merely because— |
| |
(a) | the agreement of the Welsh Ministers, the First Minister or the Counsel |
| |
General is required to the exercise of a function by a Minister of the |
| |
Crown in relation to the reporting authority’s functions, or |
| 40 |
(b) | the Welsh Ministers, the First Minister or the Counsel General must be |
| |
consulted by a Minister of the Crown about the exercise of a function in |
| |
relation to the reporting authority’s functions. |
| |
(8) | In those sections and this section— |
| |
(a) | “Counsel General” and “Wales” have the same meanings as in the |
| 45 |
Government of Wales Act 2006 (c. 32); |
| |
(b) | “Minister of the Crown” includes a government department. |
| |
| |
| |
|
| |
| |
| |
| |
| |
60 | Waste reduction schemes |
| |
(1) | Schedule 5 amends the Environmental Protection Act 1990 (c. 43) to provide |
| 5 |
for the making of waste reduction schemes. |
| |
(2) | The provisions inserted by that Schedule may only be brought into force in |
| |
accordance with sections 61 to 63 below. |
| |
(3) | In those sections “the waste reduction provisions” means the provisions |
| |
inserted by that Schedule and any subordinate legislation made under those |
| 10 |
| |
61 | Waste reduction provisions: piloting |
| |
(1) | If a waste collection authority submits to the Secretary of State proposals for a |
| |
waste reduction scheme and the proposals are approved by the Secretary of |
| |
State as suitable for piloting one or more aspects of the waste reduction |
| 15 |
| |
(a) | the Secretary of State may by order designate the area of that authority |
| |
| |
(b) | the authority may make a scheme in accordance with the proposals. |
| |
(2) | Not more than five areas may be so designated. |
| 20 |
(3) | The order designating a pilot area shall provide that the waste reduction |
| |
provisions have effect in relation to that area, for the purpose of enabling the |
| |
authority to make and operate the proposed scheme, for such period as may be |
| |
| |
(4) | Any power to make subordinate legislation or issue guidance under the waste |
| 25 |
| |
(a) | may be exercised so as to make different provision for different pilot |
| |
| |
(b) | may be exercised in relation to a pilot area at the same time as an order |
| |
is made designating that area. |
| 30 |
(5) | If a draft of an instrument containing such subordinate legislation would, apart |
| |
from this subsection, be treated for the purposes of the standing orders of |
| |
either House of Parliament as a hybrid instrument, it is to proceed in that |
| |
House as if it were not such an instrument. |
| |
62 | Waste reduction provisions: report and review |
| 35 |
(1) | The Secretary of State shall lay before Parliament a report on the operation of |
| |
the waste reduction provisions in each pilot area. |
| |
(2) | The report must contain, in respect of each pilot area to which it relates— |
| |
(a) | a description of the scheme and of the respects in which the provision |
| |
made by it differed from that made by the schemes in other pilot areas; |
| 40 |
| |
| |
|
| |
| |
(b) | a copy of the order made by the Secretary of State under section 61; |
| |
(c) | a description of the respects in which the relevant enactments and |
| |
guidance applying in that area differed from that applying— |
| |
(i) | in other pilot areas, and |
| |
(ii) | in areas not designated as pilot areas; and |
| 5 |
(d) | an assessment of the scheme’s success or otherwise. |
| |
(3) | The report must also contain a review of the waste reduction provisions in the |
| |
light of their operation in the pilot area or areas to which the report relates. |
| |
63 | Waste reduction provisions: roll-out or repeal |
| |
(1) | The following provisions apply after section 62 has been complied with in |
| 10 |
relation to one or more pilot areas. |
| |
(2) | The Secretary of State may by order— |
| |
(a) | provide that the waste reduction provisions shall come into force |
| |
generally on such date as is specified in the order; or |
| |
(b) | make such amendments of the waste reduction provisions as appear to |
| 15 |
the Secretary of State to be necessary or expedient having regard to the |
| |
operation of the provisions in the pilot areas, and provide that those |
| |
provisions as amended shall come into force generally on such date as |
| |
is specified in the order. |
| |
(3) | The amendments may include provision conferring power on the Secretary of |
| 20 |
State to make subordinate legislation. |
| |
(4) | If the Secretary of State decides not to make an order under subsection (2), the |
| |
Secretary of State must make an order repealing the waste reduction |
| |
| |
(5) | Any order under subsection (2)(b) or (4) is subject to affirmative resolution |
| 25 |
| |
Renewable transport fuel obligations |
| |
64 | Renewable transport fuel obligations |
| |
Schedule 6 contains amendments to the provisions of the Energy Act 2004 |
| |
(c. 20) relating to renewable transport fuel obligations. |
| 30 |
| |
65 | Report on climate change: Wales |
| |
(1) | It is the duty of the Welsh Ministers to lay before the National Assembly for |
| |
Wales from time to time a report on— |
| |
(a) | the objectives of the Welsh Ministers in relation to greenhouse gas |
| 35 |
emissions and the impact of climate change in Wales, |
| |
(b) | the action that has been taken by the Welsh Ministers and others to deal |
| |
with such emissions and that impact, and |
| |
(c) | the future priorities for the Welsh Ministers and others for dealing with |
| |
such emissions and that impact. |
| 40 |
| |
| |
|
