Climate Change Bill [HL]

House of Lords

Session 2007 - 08
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Other Bills before Parliament

Climate Change Bill [HL]

Climate Change Bill [HL]
Schedule 5 — Waste reduction schemes
65

      (2)
The collection authority must supply to the disposal authority,
such information as the disposal authority may reasonably require
for the purpose of determining amounts under this paragraph.
Power to make provision as to administration etc
12    (1)
The Secretary of State may by regulations make provision as to—
5
(a)
the manner in which the amount of any rebate or other
payment is to be determined, and any rebate or payment is
to be given, and
(b)
the manner in which—
(i)
the amount of any charge is to be determined, and
10
(ii)
any charge is to be collected or enforced.
      (2)
The regulations may include provision—
(a)
for integrating the administration of the scheme with the
administration of council tax, and
(b)
for that purpose modifying, to such extent as appears to
15
the Secretary of State to be necessary or expedient, any of
the enactments relating to council tax.

In paragraph (b) “modifying” includes making additions,
amendments or omissions.
      (3)
The regulations may in particular provide—
20
(a)
for including material relating to the scheme in the notice
containing the council tax demand,
(b)
for applying to questions arising under the scheme the
procedure for appeals about liability to council tax, and
(c)
for applying to any liability under the scheme the
25
procedures for the enforcement of liability for council tax.
Use of information obtained for council tax purposes
13
An authority may use for the purpose of administering a waste
reduction scheme information it has obtained for the purpose of
carrying out its functions under the enactments relating to council
30
tax.
Amendment or revocation of waste reduction scheme
14    (1)
An authority that has made a waste reduction scheme may amend
or revoke the scheme.
      (2)
After amending a scheme and before bringing the amendment
35
into operation, the authority must—
(a)
publish the amended scheme in such manner as it thinks
appropriate, and
(b)
if the amendment affects any of the matters previously
notified to occupiers, send to the occupier of any premises
40
to which the scheme applies a notice setting out the effect
of the amendment.

Climate Change Bill [HL]
Schedule 5 — Waste reduction schemes
66

      (3)
The amendment or revocation of a scheme does not affect any
entitlement or liability under the scheme in respect of a period
before the amendment or revocation takes effect.
      (4)
The revocation of a scheme does not affect the duty of the
authority to comply with paragraph 7(1).
5
Guidance
15    (1)
The Secretary of State may issue guidance to waste collection
authorities and waste disposal authorities as respects the exercise
of their functions under this Schedule.
      (2)
Any such guidance issued—
10
(a)
must be published in such manner as the Secretary of State
considers appropriate, and
(b)
may be amended or replaced by further guidance, or
revoked.
      (3)
In exercising their functions under this Schedule waste collection
15
authorities and waste disposal authorities must have regard to
any guidance in force under this paragraph.
Interpretation
16    (1)
In this Schedule—
“domestic premises” means—
20
(a)
a building or self-contained part of a building which
is used wholly for the purposes of living
accommodation,
(b)
a caravan (as defined in section 29(1) of the Caravan
Sites and Control of Development Act 1960 (c. 2)) that
25
usually and for the time being is situated on a caravan
site (within the meaning of that Act), or
(c)
a moored vessel used wholly for the purposes of
living accommodation;
“domestic waste” means household waste from domestic
30
premises;
“enactment” includes an enactment contained in subordinate
legislation;
“recyclable waste” means waste that is capable of being
recycled;
35
“residual domestic waste” means domestic waste that is
not—
(a)
waste meeting the conditions for collection by the
authority as recyclable waste, or
(b)
waste for which a charge may be made by virtue of
40
regulations under section 45(3) (power to charge for
collection of household waste in prescribed cases).
      (2)
The Secretary of State may by order amend the definition of
“domestic premises” in sub-paragraph (1).
      (3)
References in this Schedule to recycling include re-using and
45
composting.”.

Climate Change Bill [HL]
Schedule 6 — Renewable transport fuel obligations
67

3
In section 161(4) of that Act (instruments subject to affirmative resolution),
after paragraph (a) (and before the word “or” following it) insert—
“(aa)
which contains an order under paragraph 2(3), 7(2) or 16(2) of
Schedule 2AA to this Act,”.
Schedule 6
5
Section 64

Renewable transport fuel obligations
Introductory
1
Chapter 5 of Part 2 of the Energy Act 2004 (c. 20) (renewable transport fuel
obligations) is amended as follows.
The Administrator
10
2
For section 125 (the Administrator) substitute—
“125
Appointment of the Administrator
(1)
For the purposes of provision made by or under this Chapter, an RTF
order may—
(a)
establish a body corporate, and
15
(b)
appoint that body as the Administrator.
(2)
An RTF order may—
(a)
make provision for the appointment of members of the body;
(b)
make provision in relation to the staffing of the body;
(c)
make provision in relation to the expenditure of the body;
20
(d)
make provision regulating the procedure of the body;
(e)
make any other provision that the Secretary of State
considers appropriate for purposes connected with the
establishment and maintenance of the body.
(3)
The provision that may be made by an RTF order by virtue of this
25
section includes, in particular, provision conferring discretions on—
(a)
the Secretary of State;
(b)
the body itself; or
(c)
members or staff of the body.
125A
General functions of the Administrator
30
(1)
An RTF order may—
(a)
confer or impose powers and duties on the Administrator for
purposes connected with the implementation of provision
made by or under this Chapter,
(b)
confer discretions on the Administrator in relation to the
35
making of determinations under such an order and otherwise
in relation to the Administrator’s powers and duties; and
(c)
impose duties on transport fuel suppliers for purposes
connected with the Administrator’s powers and duties
(including, in particular, duties framed by reference to
40
determinations made by the Administrator).

Climate Change Bill [HL]
Schedule 6 — Renewable transport fuel obligations
68

(2)
It is the duty of the Administrator to promote the supply of
renewable transport fuel whose production, supply or use—
(a)
causes or contributes to the reduction of carbon emissions,
and
(b)
contributes to sustainable development or the protection or
5
enhancement of the environment generally.
125B
Functions of the Administrator: supplementary
(1)
The powers that may be conferred on the Administrator by virtue of
section 125A(1) include, in particular—
(a)
power to require a transport fuel supplier to provide the
10
Administrator with such information as the Administrator
may require for purposes connected with the carrying out of
the Administrator’s functions;
(b)
power to impose requirements as to the form in which such
information must be provided and as to the period within
15
which it must be provided;
(c)
power to imposes charges of specified amounts on transport
fuel suppliers.
(2)
The Secretary of State may give written directions to the
Administrator about the exercise of any power conferred on the
20
Administrator by virtue of subsection (1)(a) or (b).
(3)
The power to give directions under subsection (2) includes power to
vary or revoke the directions.
(4)
The Administrator must comply with any directions given under
that subsection.
25
(5)
Sums received by the Administrator by virtue of provision within
subsection (1)(c)—
(a)
where the Administrator is the Secretary of State, must be
paid into the Consolidated Fund, and
(b)
otherwise, must be used for the purpose of meeting costs
30
incurred in carrying out the Administrator’s functions.
(6)
The Secretary of State may make grants to the Administrator on such
terms as the Secretary of State may determine.
125C
Transfer of functions to new Administrator
(1)
The Secretary of State may by order—
35
(a)
appoint a person as the Administrator (“the new
Administrator”) in place of a person previously so appointed
by order under this Chapter (“the old Administrator”), and
(b)
provide for the transfer of the functions of the old
Administrator to the new Administrator.
40
(2)
Only the following persons may be appointed as the Administrator
by order under this section—
(a)
the Secretary of State;
(b)
a body or other person established or appointed by or under
any enactment to carry out other functions;
45

Climate Change Bill [HL]
Schedule 6 — Renewable transport fuel obligations
69

(c)
a body corporate established by the order for appointment as
the Administrator.
(3)
An order under this section that establishes a body for appointment
as the Administrator may make any provision that may be made by
an RTF order by virtue of section 125.
5
(4)
An order under this section may provide for the transfer of staff of
the old Administrator, and of any property, rights or liabilities to
which the old Administrator is entitled or subject, to the new
Administrator and may, in particular—
(a)
provide for the transfer of any property, rights or liabilities to
10
have effect subject to exceptions or reservations specified in
or determined under the order;
(b)
provide for the creation of interests in, or rights over,
property transferred or retained or for the creation of new
rights and liabilities;
15
(c)
provide for the order to have effect in spite of anything that
would prevent or restrict the transfer of the property, rights
or liabilities otherwise than by the order.
(5)
The order may, in particular—
(a)
provide for anything done by or in relation to the old
20
Administrator to have effect as if done by or in relation to the
new Administrator;
(b)
permit anything (which may include legal proceedings)
which is in the process of being done by or in relation to the
old Administrator when the transfer takes effect to be
25
continued by or in relation to the new Administrator;
(c)
provide for a reference to the old Administrator in an
instrument or other document to be treated as a reference to
the new Administrator;
(d)
where the old Administrator was established by order under
30
this Chapter, make provision for the dissolution of the old
Administrator;
(e)
make such modifications of any enactment relating to the old
Administrator or the new Administrator as the Secretary of
State considers appropriate for the purpose of facilitating the
35
transfer.
(6)
An order under this section that provides for the transfer of staff of
the old Administrator to the new Administrator must make
provision for the Transfer of Undertakings (Protection of
Employment) Regulations 2006 (S.I. 2006/246) to apply to the
40
transfer.
(7)
Subject to subsection (8), an order under this section is subject to the
negative resolution procedure.
(8)
The power to make an order under this section is subject to the
affirmative resolution procedure if the order—
45
(a)
contains provision by virtue of subsection (2)(c), or
(b)
makes any modification of an enactment contained in—
(i)
an Act of Parliament,
(ii)
an Act of the Scottish Parliament,

Climate Change Bill [HL]
Schedule 6 — Renewable transport fuel obligations
70

(iii)
a Measure or Act of the National Assembly for Wales,
or
(iv)
Northern Ireland legislation.”.
Determination of amounts of transport fuel
3
In section 126 (determination of amounts of transport fuel), after subsection
5
(4) insert—
“(5)
If an RTF order makes provision for the counting or determination of
amounts of transport fuel for the purposes of provision made by or
under this Chapter by reference to any document, it may provide for
references to the document to have effect as references to it as revised
10
or re-issued from time to time.
(6)
The Secretary of State may give written directions to the
Administrator about the exercise of any of the Administrator’s
functions in connection with the counting or determination of
amounts of transport fuel for the purposes of provision made by or
15
under this Chapter.
(7)
The power to give directions under subsection (6) includes power to
vary or revoke the directions.
(8)
The Administrator must comply with any directions given under
that subsection.”.
20
Discharge of obligation by payment
4
In section 128 (discharge of obligation by payment), for subsections (6) and
(7) substitute—
“(6)
Where the Administrator is the Secretary of State—
(a)
sums received by the Administrator by virtue of this section
25
must be paid into the Consolidated Fund, and
(b)
an RTF order may make provision for sums to be paid by the
Administrator to transport fuel suppliers, or to transport fuel
suppliers of a specified description, in accordance with the
specified system of allocation.
30
(7)
Such an order must contain provision ensuring that the total of the
sums so paid by the Administrator does not at any time exceed the
total of the sums so received by the Administrator up to that time.
(8)
Where the Administrator is a person other than the Secretary of
State, an RTF order may—
35
(a)
require the Administrator to use, to the specified extent, sums
received by the Administrator by virtue of this section for the
purpose of meeting costs incurred in carrying out the
Administrator’s functions, or
(b)
require the Administrator to pay, to the specified extent,
40
sums so received to the Secretary of State.
(9)
Sums so received which are not dealt with in accordance with
provision made under subsection (8) must be paid by the
Administrator to transport fuel suppliers, or to transport fuel

Climate Change Bill [HL]
Schedule 6 — Renewable transport fuel obligations
71

suppliers of a specified description, in accordance with the specified
system of allocation.
(10)
The Secretary of State must pay sums received by the Secretary of
State by virtue of provision made under subsection (8)(b) into the
Consolidated Fund.”.
5
Civil penalties
5
In section 129 (imposition of civil penalties), for subsection (7) substitute—
“(7)
Sums received by the Administrator by virtue of this section—
(a)
where the Administrator is the Secretary of State, must be
paid into the Consolidated Fund, and
10
(b)
otherwise, must be paid to the Secretary of State, who must
pay them into the Consolidated Fund.”.
Disclosure of information
6
After section 131 insert—
“131A
Disclosure of information held by Revenue and Customs
15
(1)
This section applies to information held by or on behalf of the
Commissioners for Her Majesty’s Revenue and Customs in
connection with their functions under or by virtue of the
Hydrocarbon Oil Duties Act 1979.
(2)
Such information may be disclosed to—
20
(a)
the Administrator, or
(b)
an authorised person,

for the purposes of or in connection with the Administrator’s
functions.
(3)
In this Chapter “authorised person” means a person who—
25
(a)
provides services to, or exercises functions on behalf of, the
Administrator, and
(b)
is authorised by the Administrator to receive information to
which this section applies.
(4)
The Administrator may authorise such a person to receive
30
information to which this section applies either generally or for a
specific purpose.
131B
Further disclosure of information
(1)
This section applies to information disclosed under section 131A,
other than information which is also provided to the Administrator
35
or an authorised person otherwise than under that section.
(2)
Information to which this section applies may not be disclosed—
(a)
by the Administrator,
(b)
by an authorised person, or
(c)
by any other person who obtains it in the course of providing
40
services to, or exercising functions on behalf of, the
Administrator,

except as permitted by the following provisions of this section.