|
| |
|
| |
“(6C) | The Ombudsman must not investigate action taken by or on behalf |
| |
of the Committee on Climate Change in the exercise in or as regards |
| |
Scotland of any function to the extent that the function is not |
| |
exercisable within devolved competence (within the meaning of |
| 5 |
section 54 of the Scotland Act 1998).” |
| |
(3) | In Schedule 2 (persons liable to investigation), after paragraph 91A insert— |
| |
“91B | The Committee on Climate Change.” |
| |
Public Services Ombudsman (Wales) Act 2005 (c. 10) |
| |
33 | In Schedule 3 to the Public Services Ombudsman (Wales) Act 2005 (listed |
| 10 |
authorities), after the heading “Environment” insert— |
| |
“The Committee on Climate Change.” |
| |
| |
| |
| |
| 15 |
Schemes limiting activities |
| |
| |
1 | This Part deals with trading 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. |
| 20 |
| |
2 | The regulations must specify the period or periods by reference to which the |
| |
scheme is to operate (a “trading period”). |
| |
| |
3 (1) | The regulations must identify the activities to which the trading scheme |
| 25 |
| |
(2) | The regulations may identify the activities by reference to any, or any |
| |
combination of, criteria and in particular— |
| |
(a) | may identify the activities by reference to the locations or locations |
| |
at which they are carried on, or |
| 30 |
(b) | may be expressed to apply to all activities of a particular kind carried |
| |
on in the United Kingdom or a part of the United Kingdom. |
| |
(3) | The regulations must specify the units of measurement of the activities for |
| |
the purposes of the scheme. |
| |
(4) | The regulations may specify units of measurement by reference to— |
| 35 |
(a) | the activities themselves, |
| |
|
| |
|
| |
|
(b) | anything consumed or used for the purposes of the activities, |
| |
(c) | anything produced by the activities, or |
| |
(d) | any other consequence of the activities. |
| |
(5) | The regulations may, in particular, make provision— |
| |
(a) | for activities to be measured by reference to the amount (in tonnes of |
| 5 |
carbon dioxide equivalent) of the greenhouse gas emissions for |
| |
which those activities are to be regarded as responsible; and |
| |
(b) | as to the method by which that amount is to be measured or |
| |
| |
(6) | The regulations may make different provision in relation to different |
| 10 |
descriptions of activity to which the scheme applies. |
| |
| |
4 (1) | The regulations must identify the persons to whom the trading scheme |
| |
applies (the “participants”). |
| |
| 15 |
(a) | may identify the participants by reference to any, or any combination |
| |
| |
(b) | provide for their identification by a specified person or body. |
| |
(3) | The regulations may, in particular, identify or provide for the identification |
| |
of the participants by reference to their responsibility for activities to which |
| 20 |
the trading scheme applies. |
| |
(4) | The regulations may provide for more than one person to be treated as a |
| |
| |
(5) | The regulations may provide for persons to cease to be participants in |
| |
circumstances specified in the regulations. |
| 25 |
| |
5 (1) | The regulations may provide for the allocation among the participants of |
| |
allowances representing the right to carry on a specified amount of the |
| |
activities in a trading period. |
| |
(2) | The regulations may set a limit on— |
| 30 |
(a) | the total amount of the activities for a trading period, and |
| |
(b) | the total amount of the allowances to be allocated for the period. |
| |
(3) | The regulations may specify the method of allocation or provide for it to be |
| |
determined in accordance with the regulations. |
| |
(4) | The regulations may not provide for allowances to be allocated in return for |
| 35 |
| |
| |
6 (1) | The regulations may require each participant to have or acquire enough |
| |
allowances to match the participant’s activities in a trading period, subject |
| |
to any offsetting in accordance with provision made under paragraph 7. |
| 40 |
| |
|
| |
|
| |
|
(a) | may permit allowances held by a participant at the end of a trading |
| |
period in excess of the participant’s activities in the period to be used |
| |
to cover the participant’s activities in a later trading period, |
| |
(b) | may permit allowances allocated to a participant for a trading period |
| |
to be used to cover the participant’s activities in an earlier trading |
| 5 |
| |
(c) | may in either case provide for such use of allowances to be subject to |
| |
such conditions and limitations as may be specified in or determined |
| |
in accordance with the regulations. |
| |
(3) | The regulations must contain provision for ensuring that allowances used |
| 10 |
by a participant for the purposes of a trading scheme cannot be used by the |
| |
participant for any other purpose. |
| |
| |
(a) | may provide for the expiry of allowances after such period as may be |
| |
specified in or determined in accordance with the regulations; |
| 15 |
(b) | may enable allowances to be cancelled by a person by whom they are |
| |
held instead of being used for the purposes of a trading scheme. |
| |
| |
7 (1) | The regulations may enable participants to offset the carrying on of the |
| |
activities in a trading period by acquiring credits representing— |
| 20 |
(a) | a reduction in an amount of greenhouse gas emissions, or |
| |
(b) | the removal of an amount of greenhouse gas from the atmosphere. |
| |
(2) | Regulations that make provision under this paragraph for a trading period |
| |
must set a limit on the total amount of the activities for the period. |
| |
(3) | If the regulations also provide for the allocation of allowances for the period, |
| 25 |
| |
(a) | set a limit on the total amount of the allowances to be allocated for |
| |
| |
(b) | require each participant to acquire enough credits to offset any |
| |
activities carried on by the participant in the period in excess of those |
| 30 |
for which the participant has or has acquired allowances. |
| |
(4) | Otherwise, such regulations must— |
| |
(a) | set a limit on the amount of the activities that each participant may |
| |
carry on in the period, and |
| |
(b) | require each participant to acquire enough credits to offset any |
| 35 |
activities carried on by the participant in the period in excess of that |
| |
| |
(5) | The regulations must specify— |
| |
(a) | the descriptions of credits that may be used for offsetting a |
| |
participant’s activities, |
| 40 |
(b) | the value of different descriptions of credit as regards the amount of |
| |
the activities they are treated as offsetting, and |
| |
(c) | the circumstances in which credits of any description may be used |
| |
for the purposes of the trading scheme. |
| |
| 45 |
|
| |
|
| |
|
(a) | must contain provision for ensuring that credits used to offset |
| |
activities under a trading scheme cannot be used by the participant |
| |
| |
(b) | may enable credits to be cancelled by a person by whom they are |
| |
held instead of being used for that purpose. |
| 5 |
| |
8 (1) | The regulations may provide that a participant who does not have or acquire |
| |
enough allowances or credits to match or offset the participant’s activities in |
| |
a trading period must pay an amount specified in or determined in |
| |
accordance with the regulations within the period so specified. |
| 10 |
(2) | The regulations may require the payment to be made to— |
| |
(a) | the administrator, or |
| |
(b) | such other person as the regulations may specify. |
| |
(3) | The provision that may be made about the amount of the payment includes, |
| |
in particular, provision— |
| 15 |
(a) | for the amount to be determined by the administrator or a national |
| |
| |
(b) | in a case where the payment is not made within the period specified |
| |
in the regulations, for the amount to increase at the rate so specified |
| |
| 20 |
(c) | for the amount of the payment, or of any amount by reference to |
| |
which it is to be calculated, to be adjusted from time to time by |
| |
reference to inflation or some other factor. |
| |
(4) | Provision within sub-paragraph (3)(c) may refer, in particular, to an index or |
| |
data specified in the regulations (including as modified from time to time |
| 25 |
after the regulations come into force). |
| |
(5) | If the regulations provide for payments to be made to a person other than a |
| |
national authority, they must provide for that person to pay the sums |
| |
received to the national authority or authorities specified in or determined |
| |
in accordance with the regulations. |
| 30 |
| |
9 (1) | The regulations must provide for the participants in a trading scheme to |
| |
trade in any allowances or credits under the scheme. |
| |
(2) | The regulations may also provide for trading in the allowances or credits by |
| |
third parties authorised in accordance with the regulations. |
| 35 |
(3) | The regulations must specify the circumstances in which trading is |
| |
| |
(4) | The regulations may require trading to be notified to the administrator of the |
| |
| |
| 40 |
10 (1) | The regulations may provide that participants may only carry on activities |
| |
to which the trading scheme applies, or specified activities to which the |
| |
scheme applies, if they hold a permit. |
| |
|
| |
|
| |
|
(2) | The regulations may make provision about the issue, variation, transfer, |
| |
surrender and revocation of permits. |
| |
(3) | The regulations may provide for conditions to be attached to permits. |
| |
(4) | References in this Schedule to the requirements of the scheme include |
| |
requirements imposed by conditions attached to a permit. |
| 5 |
Units under other schemes |
| |
11 (1) | The regulations may make provision for recognising any of the following as |
| |
equivalent to allowances or credits under the trading scheme— |
| |
(a) | allowances, credits or certificates under another trading scheme for |
| |
which provision is made by regulations under this Part; |
| 10 |
(b) | units under any other trading scheme (at United Kingdom, |
| |
European or international level) relating to greenhouse gas |
| |
| |
(2) | The regulations may provide— |
| |
(a) | for determining the value for the purposes of the scheme of any such |
| 15 |
allowances, credits, certificates or units, and |
| |
(b) | for the use for the purposes of the scheme of any such allowances, |
| |
credits, certificates or units to be subject to such conditions and |
| |
limitations as may be specified in or determined in accordance with |
| |
| 20 |
| |
Schemes encouraging activities |
| |
| |
12 | This Part deals with trading schemes that operate by encouraging activities |
| |
that consist of, or that cause or contribute, directly or indirectly to— |
| 25 |
(a) | reductions in greenhouse gas emissions, or |
| |
(b) | the removal of greenhouse gas from the atmosphere. |
| |
| |
13 | The regulations must specify the period or periods by reference to which the |
| |
scheme is to operate (a “trading period”). |
| 30 |
| |
14 (1) | The regulations must identify the activities to which the trading scheme |
| |
| |
(2) | The regulations may identify the activities by reference to any, or any |
| |
combination of, criteria and in particular— |
| 35 |
(a) | may identify the activities by reference to the locations or locations |
| |
at which they are carried on, or |
| |
(b) | may be expressed to apply to all activities of a particular kind carried |
| |
on in the United Kingdom or a part of the United Kingdom. |
| |
|
| |
|
| |
|
(3) | The regulations must specify the units of measurement of the activities for |
| |
the purposes of the scheme. |
| |
(4) | The regulations may specify units of measurement by reference to— |
| |
(a) | the activities themselves, |
| |
(b) | anything consumed or used for the purposes of the activities, |
| 5 |
(c) | anything produced by the activities, or |
| |
(d) | any other consequence of the activities. |
| |
(5) | The regulations may, in particular, make provision— |
| |
(a) | for activities to be measured by reference to the amount (in tonnes of |
| |
carbon dioxide equivalent) of the reduction of greenhouse gas |
| 10 |
emissions, or removals of greenhouse gas from the atmosphere, for |
| |
which those activities are to be regarded as responsible; and |
| |
(b) | as to the method by which that amount is to be measured or |
| |
| |
(6) | The regulations may make different provision in relation to different |
| 15 |
descriptions of activity to which the scheme applies. |
| |
| |
15 (1) | The regulations must identify the persons to whom the trading scheme |
| |
applies (the “participants”). |
| |
| 20 |
(a) | may identify the participants by reference to any, or any combination |
| |
| |
(b) | provide for their identification by a specified person or body. |
| |
(3) | The regulations may provide for more than one person to be treated as a |
| |
| 25 |
(4) | The regulations may provide for persons to cease to be participants in |
| |
circumstances specified in the regulations. |
| |
| |
16 | The regulations must, for each trading period— |
| |
(a) | set a target for the total amount of the activities, and |
| 30 |
(b) | impose, or provide for the imposition of, an obligation on each |
| |
participant in relation to the carrying on of a specified amount of the |
| |
activities in the period. |
| |
| |
17 (1) | The regulations must provide for the issue of certificates evidencing the |
| 35 |
carrying on of the activities in a trading period. |
| |
(2) | The regulations may provide for certificates to evidence the carrying on of |
| |
| |
(a) | by the participant in question, |
| |
(b) | by another participant in the trading scheme, or |
| 40 |
(c) | by a third party authorised in accordance with the regulations to |
| |
obtain certificates for the purposes of the scheme. |
| |
|
| |
|
| |
|
(3) | The regulations must require each participant to have enough certificates at |
| |
the end of each trading period to comply with the participant’s obligations |
| |
under the trading scheme. |
| |
(4) | The regulations must contain provision for ensuring that certificates used by |
| |
a participant for that purpose cannot be used by the participant for any other |
| 5 |
| |
| |
(a) | may provide for the expiry of certificates after such period as may be |
| |
specified in or determined in accordance with the regulations; |
| |
(b) | may enable certificates to be cancelled by a person by whom they are |
| 10 |
held instead of being used for the purposes of a trading scheme. |
| |
| |
18 (1) | The regulations may provide that a participant who does not have enough |
| |
certificates at the end of a trading period to comply with the participant’s |
| |
obligations under the trading scheme must pay an amount specified in or |
| 15 |
determined in accordance with the regulations within the period so |
| |
| |
(2) | The regulations may require the payment to be made to— |
| |
(a) | the administrator, or |
| |
(b) | such other person as the regulations may specify. |
| 20 |
(3) | The provision that may be made about the amount of the payment includes, |
| |
in particular, provision— |
| |
(a) | for the amount to be determined by the administrator or a national |
| |
| |
(b) | in a case where the payment is not made within the period specified |
| 25 |
in the regulations, for the amount to increase at the rate so specified |
| |
| |
(c) | for the amount of the payment, or of any amount by reference to |
| |
which it is to be calculated, to be adjusted from time to time by |
| |
reference to inflation or some other factor. |
| 30 |
(4) | Provision within sub-paragraph (3)(c) may refer, in particular, to an index or |
| |
data specified in the regulations (including as modified from time to time |
| |
after the regulations come into force). |
| |
(5) | If the regulations provide for payments to be made to a person other than a |
| |
national authority, they must provide for that person to pay the sums |
| 35 |
received to the national authority or authorities specified in or determined |
| |
in accordance with the regulations. |
| |
| |
19 (1) | The regulations must provide for the participants in a trading scheme to |
| |
| 40 |
(2) | The regulations may also provide for trading in certificates by third parties |
| |
authorised in accordance with the regulations. |
| |
(3) | The regulations must specify the circumstances in which trading is |
| |
| |
|
| |
|