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 5 — Other provisions
30

(2)
The second and each subsequent report under this section must contain an
assessment of the progress made towards implementing the objectives
mentioned in the earlier reports.
(3)
In this section “Wales” has the same meaning as in the Government of Wales
Act 2006 (c. 32).
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66
Climate change measures reports in Wales
(1)
The Climate Change and Sustainable Energy Act 2006 (c. 19) is amended as
follows.
(2)
After section 3 insert—
“3A
Local authorities in Wales to have regard to climate change measures
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reports
(1)
The Welsh Ministers must from time to time publish a climate change
measures report.
(2)
A local authority in Wales must, in exercising its functions, have regard
to any current climate change measures report.
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(3)
A “climate change measures report” means a report containing
information about the local authority measures the Welsh Ministers
consider would or might have any of the following effects—
(a)
improving efficiency in the use of any description or source of
energy;
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(b)
increasing the amount of energy generated, or heat produced,
by microgeneration;
(c)
increasing the amount of energy generated, or heat produced,
by plant that relies wholly or mainly on a source of energy or a
technology listed in section 26(2);
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(d)
reducing emissions of greenhouse gases;
(e)
reducing the number of households in which one or more
persons are living in fuel poverty;
(f)
addressing the impact of climate change.
(4)
Before publishing a climate change measures report, the Welsh
30
Ministers must consult such representatives of local government, and
such other persons, as the Welsh Ministers consider appropriate.
(5)
The Secretary of State’s consent is required to the publication in a
climate change measures report of information about a local authority
measure to which subsection (6) applies.
35
(6)
This subsection applies to a local authority measure if the Secretary of
State has a function in relation to the measure of—
(a)
making subordinate legislation,
(b)
issuing guidance or directions, or
(c)
making determinations or hearing appeals,
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and that function is exercisable in relation to Wales.
(7)
In this section—
“local authority” means any of the following—
(a)
a county council;

Climate Change Bill [HL]
Part 5 — Other provisions
31

(b)
a county borough council;
(c)
a community council;
“local authority measure” means anything a local authority in
Wales may do in the exercise of its functions (including
deciding not to exercise a power).”.
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(3)
In section 3 of that Act (local authorities to have regard to information on
energy in exercising functions)—
(a)
for the heading substitute “Local authorities in England to have regard
to energy measures reports”,
(b)
in subsection (2), after “local authority” insert “in England”,
10
(c)
in subsection (4), in the definition of “local authority measure”, for “a
local authority” substitute “a local authority in England”,
(d)
in subsection (5) omit “the National Assembly for Wales and”, and
(e)
in subsection (6) omit paragraphs (b) and (h).
67
Repeal of previous reporting obligation
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Section 2 of the Climate Change and Sustainable Energy Act 2006 (c. 19)
(annual report on greenhouse gas emissions) is repealed.
68
Power of Ministers and departments to offset greenhouse gas emissions
(1)
An authority to which this section applies may acquire units representing—
(a)
a reduction in an amount of greenhouse gas emissions,
20
(b)
the removal of an amount of greenhouse gas from the atmosphere, or
(c)
an amount of greenhouse gas emissions allowed under a scheme or
arrangement imposing a limit on such emissions.
(2)
This section applies to—
(a)
any Minister of the Crown or government department;
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(b)
the Scottish Ministers;
(c)
the Welsh Ministers;
(d)
any Northern Ireland department.
69
Fines for offences relating to pollution
In section 105(2) of the Clean Neighbourhoods and Environment Act 2005
30
(c. 16) (which postpones the increase by subsection (1)(b) in maximum fines
under regulations under the Pollution Prevention and Control Act 1999 (c. 24)
pending the commencement of section 154(1) of the Criminal Justice Act 2003
(c. 44)), for “Subsection (1)” substitute “Subsection (1)(a)”.

Climate Change Bill [HL]
Part 6 — General supplementary provisions
32

Part 6
General supplementary provisions
Territorial scope of provisions relating to greenhouse gas emissions
70
Territorial scope of provisions relating to greenhouse gas emissions
(1)
The provisions of this Act relating to emissions of greenhouse gases apply to
5
emissions from sources or other matters occurring in, above or below—
(a)
UK coastal waters, or
(b)
the UK sector of the continental shelf,

as they apply to emissions from sources or matters occurring in the United
Kingdom.
10
(2)
In subsection (1)—
“UK coastal waters” means areas landward of the seaward limit of the
territorial sea adjacent to the United Kingdom;
“the UK sector of the continental shelf” means the areas designated under
section 1(7) of the Continental Shelf Act 1964 (c. 29).
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(3)
This section is subject to section 25 (emissions from international aviation or
international shipping not to count as emissions from UK sources for the
purposes of Part 1, except as provided by regulations).
Orders and regulations
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Orders and regulations
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(1)
Orders and regulations under this Act must be made by statutory instrument,
subject as follows.
(2)
The power of a Northern Ireland department to make regulations under Part 3
(trading schemes)—
(a)
is exercisable by statutory instrument if the instrument also contains
25
regulations under that Part made or to be made by another national
authority, and
(b)
otherwise, is exercisable by statutory rule for the purposes of the
Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I.
12)).
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(3)
An order or regulations under this Act may—
(a)
make different provision for different cases or circumstances,
(b)
include supplementary, incidental and consequential provision, and
(c)
make transitional provision and savings.
(4)
Any provision that may be made by order under this Act may be made by
35
regulations.
(5)
Any provision that may be made by regulations under this Act may be made
by order.

Climate Change Bill [HL]
Part 6 — General supplementary provisions
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72
Affirmative and negative resolution procedure
(1)
Where orders or regulations under this Act are subject to “affirmative
resolution procedure” the order or regulations must not be made unless a draft
of the statutory instrument containing them has been laid before and approved
by a resolution of each House of Parliament.
5
(2)
Where orders or regulations under this Act are subject to “negative resolution
procedure” the statutory instrument containing the order or regulations is
subject to annulment in pursuance of a resolution of either House of
Parliament.
(3)
Any provision that may be made by an order or regulations under this Act
10
subject to negative resolution procedure may be made by an order or
regulations subject to affirmative resolution procedure.
(4)
This section does not apply to regulations under Part 3 (trading schemes) (but
see Schedule 3).
Interpretation
15
73
Meaning of “greenhouse gas”
(1)
In this Act “greenhouse gas” means any of the following—
(a)
carbon dioxide (CO2),
(b)
methane (CH4),
(c)
nitrous oxide (N2O),
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(d)
hydrofluorocarbons (HFCs),
(e)
perfluorocarbons (PFCs),
(f)
sulphur hexafluoride (SF6).
(2)
The Secretary of State may by order amend the definition of “greenhouse gas”
in subsection (1) to add to the gases listed in that definition.
25
(3)
That power may only be exercised if it appears to the Secretary of State that an
agreement or arrangement at European or international level recognises that
the gas to be added contributes to climate change.
(4)
An order under this section is subject to negative resolution procedure.
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Measurement of emissions etc by reference to carbon dioxide equivalent
30
(1)
For the purposes of this Act greenhouse gas emissions, reductions of such
emissions and removals of greenhouse gas from the atmosphere shall be
measured or calculated in tonnes of carbon dioxide equivalent.
(2)
A “tonne of carbon dioxide equivalent” means one metric tonne of carbon
dioxide or an amount of any other greenhouse gas with an equivalent global
35
warming potential (calculated consistently with international carbon reporting
practice).
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Meaning of “international carbon reporting practice”
(1)
In this Act “international carbon reporting practice” means accepted practice in
relation to reporting for the purposes of the protocols to the United Nations
40
Framework Convention on Climate Change or such other agreements or

Climate Change Bill [HL]
Part 6 — General supplementary provisions
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arrangements at European or international level as the Secretary of State may
specify by order.
(2)
An order under this section is subject to negative resolution procedure.
76
Meaning of “national authority”
(1)
In this Act “national authority” means any of the following—
5
(a)
the Secretary of State;
(b)
the Scottish Ministers;
(c)
the Welsh Ministers;
(d)
the relevant Northern Ireland department.
(2)
Functions conferred or imposed by this Act on “the national authorities” are to
10
be exercised by all of them jointly.
77
Meaning of “relevant Northern Ireland department”
(1)
In this Act “the relevant Northern Ireland department”, in relation to a matter
or provision, means the Northern Ireland department responsible for the
matter or, as the case may be, for the matters to which the provision relates.
15
(2)
If more than one department is responsible, the reference is to all of them.
(3)
Any question as to the Northern Ireland department responsible for a matter is
to be determined by the Department of Finance and Personnel in Northern
Ireland.
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Minor definitions
20
In this Act—
“devolved legislature” means—
(a)
the Scottish Parliament,
(b)
the National Assembly for Wales, or
(c)
the Northern Ireland Assembly;
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“emissions”, in relation to a greenhouse gas, means emissions of that gas
into the atmosphere that are attributable to human activity;
“enactment” includes—
(a)
an enactment contained in subordinate legislation within the
meaning of the Interpretation Act 1978 (c. 30),
30
(b)
an enactment contained in, or in an instrument made under, an
Act of the Scottish Parliament,
(c)
an enactment contained in, or in an instrument made under,
Northern Ireland legislation, and
(d)
an enactment contained in, or in an instrument made under, a
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Measure or Act of the National Assembly for Wales;
“European law” means—
(a)
all the rights, powers, liabilities, obligations and restrictions
from time to time created or arising by or under the Community
Treaties, and
40
(b)
all the remedies and procedures from time to time provided for
by or under the Community Treaties,
and “European policy” has a corresponding meaning;

Climate Change Bill [HL]
Part 6 — General supplementary provisions
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“primary legislation” means—
(a)
an Act of Parliament,
(b)
an Act of the Scottish Parliament,
(c)
a Measure or Act of the National Assembly for Wales, or
(d)
Northern Ireland legislation.
5
79
Index of defined expressions
In this Act the following expressions are defined or otherwise explained by the
provisions indicated—

“the 1990 baseline” (in Parts 1 and 2)
section 1(2)

“administrator” (in Part 3)
section 47

10

“affirmative resolution procedure”
section 72(1)

(except in Part 3)

“annual equivalent”, in relation to the
section 5(2)

carbon budget for a period (in Parts 1

and 2)

15

“budgetary periods” (in Parts 1 and 2)
section 4(1)

“carbon budget” (in Parts 1 and 2)
section 4(1)

“carbon unit” (in Parts 1 and 2)
section 21(1)

“the chair” (in Schedule 1)
paragraph 1(1) of Schedule 1

“the Committee” (in Part 2)
section 26

20

“the deputy chair” (in Schedule 1)
paragraph 2 of Schedule 1

“devolved legislature”
section 78

“electricity distributor” (in Schedule 4)
paragraph 2(3) of Schedule 4

“electricity supplier” (in Schedule 4)
paragraph 2(2) of Schedule 4

“emissions”
section 78

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“enactment”
section 78

“environmental authority” (in Schedule
paragraph 1(2) of Schedule 4

4)

“European law”
section 78

“European policy”
section 78

30

“financial year” (in Schedule 1)
paragraph 22 of Schedule 1

“greenhouse gas”
section 73

“international carbon reporting
section 75

practice”

Climate Change Bill [HL]
Part 6 — General supplementary provisions
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“national authority”
section 76

“negative resolution procedure”
section 72(2)

(except in Part 3)

“net UK carbon account” (in Parts 1 and
section 22(1)

2)

5

“net UK emissions” for a period, in
section 24(1)

relation to a greenhouse gas (in Parts 1

and 2)

“participant” (in Part 3)
section 47

“potential participant” (in Schedule 4)
paragraph 3(2) of Schedule 4

10

“primary legislation”
section 78

“the relevant national authority” (in
section 39

Part 3)

“the relevant Northern Ireland
section 77

department”

15

“targeted greenhouse gas” (in Parts 1
section 19(1)

and 2)

“trading period” (in Part 3)
section 47

“trading scheme”
section 36(2)

“UK emissions”, in relation to a
section 24(1)

20

greenhouse gas (in Part 1)

“UK removals”, in relation to a
section 24(1)

greenhouse gas (in Part 1)

“the waste reduction provisions” (in
section 60(3)

sections 61 to 63)

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Final provisions
80
Extent
(1)
This Act, apart from the provisions listed in subsection (2), extends to the
whole of the United Kingdom.
(2)
The following provisions of this Act extend to England and Wales only—
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(a)
sections 60 to 63 and Schedule 5 (waste reduction schemes);
(b)
section 66 (climate change measures reports in Wales);
(c)
section 69 (fines for offences relating to pollution).
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Commencement
(1)
Part 1 (carbon target and budgeting) and this Part come into force on the day
35
this Act is passed.