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Climate Change Bill [HL]


Climate Change Bill [HL]
Schedule 3 — Trading schemes regulations: further provisions
Part 3 — Power to make provision by Order in Council

58

 

      (2)  

No recommendation is to be made to Her Majesty in Council to make an

Order in Council to which this paragraph applies unless—

(a)   

in the case of an Order in Council containing provision that may be

made by the Secretary of State by regulations under this Part of this

Act, a draft of the statutory instrument containing the Order in

5

Council has been laid before, and approved by a resolution of, each

House of Parliament, and

(b)   

in the case of an Order in Council containing provision that may be

made by a national authority other than the Secretary of State by

regulations under this Part of this Act, a draft of the statutory

10

instrument containing the Order in Council has been laid before, and

approved by a resolution of, the relevant devolved legislature.

12    (1)  

This paragraph applies to an Order in Council under paragraph 9 other than

one to which paragraph 11 applies.

      (2)  

An Order in Council to which this paragraph applies containing provision

15

that may be made by the Secretary of State by regulations under this Part of

this Act is subject to annulment in pursuance of a resolution of either House

of Parliament.

      (3)  

An Order in Council to which this paragraph applies containing provision

that may be made by the Scottish Ministers by regulations under this Part of

20

this Act is subject to annulment in pursuance of a resolution of the Scottish

Parliament.

      (4)  

An Order in Council to which this paragraph applies containing provision

that may be made by the Welsh Ministers by regulations under this Part of

this Act is subject to annulment in pursuance of a resolution of the National

25

Assembly for Wales.

      (5)  

An Order in Council to which this paragraph applies containing provision

that may be made by a Northern Ireland department by regulations under

this Part of this Act is subject to negative resolution within the meaning of

section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)) as

30

if it were a statutory instrument within the meaning of that Act.

13    (1)  

If in accordance with paragraph 12—

(a)   

either House of Parliament resolves that an address be presented to

Her Majesty praying that an Order in Council be annulled, or

(b)   

a devolved legislature resolves that an Order in Council be annulled,

35

           

nothing further is to be done under the Order in Council after the date of the

resolution and Her Majesty may by Order in Council revoke it.

      (2)  

This is without prejudice to the validity of anything previously done under

the Order in Council or to the making of a new Order in Council.

      (3)  

This paragraph applies in place of provision made by any other enactment

40

about the effect of such a resolution.

 

 

Climate Change Bill [HL]
Schedule 4 — Trading schemes: powers to require information

59

 

Schedule 4

Section 42

 

Trading schemes: powers to require information

Introductory

1     (1)  

The powers conferred by this Schedule are exercisable by the following

authorities—

5

(a)   

the Secretary of State;

(b)   

the Scottish Ministers;

(c)   

the relevant Northern Ireland department;

(d)   

the Welsh Ministers;

(e)   

the Environment Agency;

10

(f)   

the Scottish Environment Protection Agency.

      (2)  

References in this Schedule to an “environmental authority” are to any of

those authorities.

Information from electricity suppliers and distributors

2     (1)  

An environmental authority may, for the purposes of enabling a trading

15

scheme to be established, by notice require an electricity supplier or

electricity distributor to provide any of the following information—

(a)   

information about the electricity meters and metering systems for

which the supplier or distributor is responsible, including (in

particular) their locations and any identifying features;

20

(b)   

information about the persons to whom electricity measured by

those meters or systems is supplied or who purchase such electricity;

(c)   

information about the consumption by those persons of that

electricity;

(d)   

any other information that the environmental authority considers

25

necessary for identifying the potential participants in the scheme.

      (2)  

An “electricity supplier”—

(a)   

in relation to England and Wales and Scotland means an authorised

supplier within the meaning of the Electricity Act 1989 (c. 29) (see

section 64(1) of that Act);

30

(b)   

in relation to Northern Ireland means—

(i)   

an electricity supplier within the meaning of the Electricity

(Northern Ireland) Order 1992 (S.I. 1992/231) (N.I. 1) (see

Article 3 of that Order), or

(ii)   

a person who may supply electricity to premises without a

35

licence by virtue of an exemption under Article 9 of that

Order.

      (3)  

An “electricity distributor”—

(a)   

in relation to England and Wales and Scotland means an authorised

distributor within the meaning of the Electricity Act 1989 (see section

40

64(1) of that Act);

(b)   

in relation to Northern Ireland means an electricity distributor

within the meaning of the Electricity (Northern Ireland) Order 1992

(S.I. 1992/231) (N.I. 1) (see Article 3 of that Order).

 

 

Climate Change Bill [HL]
Schedule 4 — Trading schemes: powers to require information

60

 

      (4)  

References in this Schedule to an electricity supplier or electricity distributor

include an agent of such a supplier or distributor.

Information from potential participants in a trading scheme

3     (1)  

An environmental authority may, for the purposes of enabling a trading

scheme to be established, by notice require a potential participant in the

5

scheme to provide any of the following information—

(a)   

information about whether the criteria specified in the notice are met

by the potential participant, either alone or together with any other

person or persons;

(b)   

information identifying any potential co-participant;

10

(c)   

contact details for the potential participant and any potential co-

participant;

(d)   

information about the meters that measure electricity supplied to or

purchased by the potential participant or any potential co-

participant;

15

(e)   

information about the consumption of electricity by the potential

participant and any potential co-participant;

(f)   

information about any climate change agreement (within the

meaning of Schedule 6 to the Finance Act 2000 (c. 17)) entered into by

or on behalf of the potential participant or any potential co-

20

participant.

      (2)  

A “potential participant”, in relation to a trading scheme, means a person

who the environmental authority considers—

(a)   

will or may be a participant in the scheme, or

(b)   

will or may fall to be treated together with any other person or

25

persons (a “potential co-participant”) as such a participant.

Requirements for a valid notice

4     (1)  

A notice under this Schedule must comply with the following requirements.

      (2)  

The notice must—

(a)   

be in writing,

30

(b)   

specify the information to be provided,

(c)   

specify the name and address of the person to whom the information

is to be provided,

(d)   

specify the date by which the information is to be provided, and

(e)   

explain the consequences of failure to comply with the notice.

35

      (3)  

An environmental authority must not give a notice requiring information

from a person unless—

(a)   

the authority has previously sent the person a request in writing for

the information, and

(b)   

the person has failed to provide the information within the period of

40

28 days beginning with the day on which the request was sent.

Failure to comply with notice etc an offence

5     (1)  

A person who—

 

 

Climate Change Bill [HL]
Schedule 5 — Waste reduction schemes

61

 

(a)   

fails without reasonable excuse to comply with a notice under this

Schedule, or

(b)   

provides information in response to such a notice that the person

knows or suspects to be false or misleading,

           

commits an offence.

5

      (2)  

A person guilty of such an offence is liable on summary conviction to a fine

not exceeding level 5 on the standard scale.

Disclosure of information

6     (1)  

This paragraph applies to information obtained by an environmental

authority (whether or not pursuant to a notice under this Schedule) from—

10

(a)   

an electricity supplier or electricity distributor, or

(b)   

a potential participant,

           

for the purposes of enabling a trading scheme to be established.

      (2)  

The information may be disclosed for the purposes of or in connection with

the establishment, operation or enforcement of a trading scheme—

15

(a)   

by an environmental authority to another environmental authority

or the administrator of the scheme, or

(b)   

by the administrator of the scheme to any other administrator of the

scheme or an environmental authority.

      (3)  

This does not affect any other right to disclose information within sub-

20

paragraph (1) apart from this paragraph.

Schedule 5

Section 60

 

Waste reduction schemes

1          

After section 60 of the Environmental Protection Act 1990 (c. 43) insert—

“Waste reduction schemes

25

60A     

Waste reduction schemes

   

A waste collection authority whose area is in England may make a

waste reduction scheme in accordance with Schedule 2AA to this

Act.”.

2          

After Schedule 2A to that Act insert—

30

“Schedule 2AA

Waste reduction schemes

Introductory

1     (1)  

The purpose of a waste reduction scheme is to provide a financial

incentive—

35

(a)   

to produce less domestic waste, and

(b)   

to recycle more of what is produced,

 

 

Climate Change Bill [HL]
Schedule 5 — Waste reduction schemes

62

 

           

and accordingly to reduce the amount of residual domestic waste.

      (2)  

A waste reduction scheme—

(a)   

may cover the whole or any part of the area of a waste

collection authority, and

(b)   

may apply to all domestic premises, to domestic premises

5

other than those of a specified description or to specified

descriptions of domestic premises.

      (3)  

In sub-paragraph (2) “specified” means specified in the scheme.

Conditions for making waste reduction scheme

2     (1)  

A waste collection authority may make a waste reduction scheme

10

only if—

(a)   

a good recycling service is available to the occupiers of

premises to which the scheme applies,

(b)   

the scheme takes account of the needs of groups who

might be unduly disadvantaged by it, and

15

(c)   

the authority has a strategy for preventing, minimising or

otherwise dealing with the unauthorised deposit or

disposal of waste.

      (2)  

In sub-paragraph (1)(a) above—

(a)   

a “recycling service” means arrangements for the

20

collection of recyclable domestic waste from premises

separately from other waste; and

(b)   

a “good” recycling service means a recycling service that

meets the standards specified for the purposes of this

definition in guidance issued by the Secretary of State.

25

      (3)  

The Secretary of State may by order amend sub-paragraphs (1)

and (2) above.

Incentive under waste reduction scheme

3     (1)  

A waste reduction scheme must provide for a financial incentive

that the authority considers will be effective to achieve the

30

purpose of the scheme.

      (2)  

The scheme may provide for the incentive to be provided—

(a)   

by means of rebates from council tax or by other payments,

or

(b)   

by means of charges under paragraph 4 or 5,

35

           

or by any combination of those means.

Option to charge in respect of receptacles for residual domestic waste

4     (1)  

A waste reduction scheme may include provision—

(a)   

for occupiers of premises to which the scheme applies to be

required (by notice under section 46) to place residual

40

domestic waste for collection in receptacles of a specified

kind, and

(b)   

for a charge to be made by the authority in respect of those

receptacles.

 

 

Climate Change Bill [HL]
Schedule 5 — Waste reduction schemes

63

 

      (2)  

The amount of any charge under this paragraph—

(a)   

must be related to the size or number of the receptacles (or

both), and

(b)   

need not be related to the authority’s costs.

      (3)  

The scheme may make provision as to the person by whom any

5

charge is payable.

      (4)  

A charge under this paragraph is in addition to any charge under

section 46 in respect of the cost of providing the receptacle.

Option to impose charge in respect of amount of residual domestic waste

5     (1)  

A waste reduction scheme may include provision for a charge in

10

respect of residual domestic waste collected from premises to

which the scheme applies.

      (2)  

The amount of any charge under this paragraph—

(a)   

must be related to the amount of residual domestic waste

collected from the premises, and

15

(b)   

need not be related to the authority’s costs.

      (3)  

The scheme may make provision as to the person by whom any

charge is payable.

      (4)  

The scheme may—

(a)   

require any charge to be paid in advance on the basis of an

20

estimate of the amount of residual domestic waste that is

likely to be collected from the premises; or

(b)   

require payments in respect of any charge to be made on

account or by instalments.

Charging: supplementary provisions

25

6     (1)  

The Secretary of State may by order set a limit on the amount of

the charge under paragraph 4 or 5 that may be imposed in respect

of any premises in any financial year.

      (2)  

A failure to comply with provision made by virtue of paragraph 4

or 5 does not affect the authority’s duty under section 45(1)(a)

30

(general duty to arrange for collection of household waste).

      (3)  

Section 45(3) (general prohibition on charging for collection of

household waste) has effect subject to paragraphs 4 and 5.

Requirement of revenue neutrality

7     (1)  

From year to year, and taking one year with another, the aggregate

35

amount of charges under paragraph 4 or 5 must not exceed the

aggregate amount of the rebates or other payments under the

scheme.

      (2)  

The Secretary of State may by order amend sub-paragraph (1)

above.

40

      (3)  

Any such order may make any amendments of paragraph 4(2) or

5(2) that appear to the Secretary of State to be necessary or

 

 

Climate Change Bill [HL]
Schedule 5 — Waste reduction schemes

64

 

expedient in consequence of, or in connection with, the

amendment of sub-paragraph (1) above.

Procedure for putting scheme in place

8     (1)  

The authority must comply with the following requirements after

making a waste reduction scheme and before it is brought into

5

operation.

      (2)  

The authority must publish the scheme in such manner as it

considers appropriate.

      (3)  

The authority must send to the occupier of any premises to which

the scheme applies a notice setting out—

10

(a)   

the requirements applicable under the scheme in relation

to the collection of domestic waste from premises to which

the scheme applies;

(b)   

any rebates or other payments available under the scheme

and the manner in which they are to be made; and

15

(c)   

any charges provided for by the scheme and the manner in

which they are to be collected.

Appeals

9          

A waste reduction scheme must contain provision enabling a

person to appeal against any decision affecting, directly or

20

indirectly, that person’s entitlement to a rebate or other payment,

or liability to pay a charge, under the scheme.

Separate account to be kept

10    (1)  

A waste collection authority that operates a waste reduction

scheme must keep a separate account of—

25

(a)   

any rebates or other payments under the scheme, and

(b)   

any charges received by it under the scheme.

      (2)  

Any person interested may at any reasonable time and without

payment inspect the account and make copies of it or any part of it.

      (3)  

A person having custody of the account who intentionally

30

obstructs a person in the exercise of the rights conferred by

subsection (2) above commits an offence.

      (4)  

A person guilty of such an offence is liable on summary conviction

to a fine not exceeding level 3 on the standard scale.

Contributions by waste disposal authority

35

11    (1)  

Where a waste collection authority that operates a waste reduction

scheme is not also the waste disposal authority, the waste disposal

authority may pay to the collection authority contributions of such

amounts as the disposal authority may determine towards

expenditure of the collection authority attributable to the scheme.

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