House of Lords Amendments

House of Lords

Session 2007 - 08
Internet Publications
Other Bills before Parliament

(  10  )

Clause 82
52
Page 38, line 24, after “schemes)” insert “or Schedule (Charges for single use carrier

bags) (charges for single use carrier bags)”
53
Page 38, line 26, after “Part” insert “or Schedule”
Clause 83
54
Page 39, line 14, at end insert “, or

( )
regulations under Schedule (Charges for single use carrier bags) (but

see Part 3 of that Schedule)”
Clause 89
55
Page 40, line 43, at end insert—

““modifications”, in relation to an enactment, includes additions or

amendments to, or omissions from, the enactment;”
Clause 90
56
Page 41, line 11, at end insert—

““administrator” (in Schedule
paragraph 6(1) and (4) of Schedule

(Charges for single use carrier bags))
(Charges for single use carrier bags)”

57
Page 41, line 23, at end insert—

““civil sanction” (in Schedule
paragraph 9(3) of Schedule (Charges

(Charges for single use carrier bags))
for single use carrier bags)”

58
Page 41, line 37, at end insert—

““discretionary requirement” (in
paragraph 12(3) of Schedule (Charges

Schedule (Charges for single use carrier
for single use carrier bags)”

bags))

59
Page 42, line 11, at end insert—

““fixed monetary penalty” (in
paragraph 10(3) of Schedule (Charges

Schedule (Charges for single use carrier
for single use carrier bags)”

bags)

60
Page 42, line 16, at end insert—

““modifications”, in relation to an
section 89”

enactment

(  11  )
61
Page 42, line 24, at end insert—

““non-monetary discretionary
paragraph 12(4) of Schedule (Charges

requirement” (in Schedule (Charges
for single use carrier bags)”

for single use carrier bags))

62
Page 42, line 30, at end insert—

““the relevant national authority” (in
section (Charges for single use carrier

Schedule (Charges for single use carrier
bags)(3)”

bags))

63
Page 42, line 34, at end insert—

““seller” (in Schedule (Charges for
paragraph 3 of Schedule (Charges for

single use carrier bags))
single use carrier bags)

“single use carrier bag” (in Schedule
paragraph 5 of Schedule (Charges for

(Charges for single use carrier bags))
single use carrier bags)

“specified” (in Schedule (Charges for
paragraph 3(4) of Schedule (Charges

single use carrier bags))
for single use carrier bags)”

64
Page 43, line 5, at end insert—

““variable monetary penalty” (in
paragraph 12(4) of Schedule (Charges

Schedule (Charges for single use carrier
for single use carrier bags)”

bags))

Clause 91
65
Page 43, line 11, leave out “in subsection (2)” and insert “below”
66
Page 43, line 14, at end insert—

“( )
section (Collection of household waste) (collection of household

waste);”
67
Page 43, line 16, at end insert—

“( )
Section (Charges for single use carrier bags) and Schedule (Charges for single

use carrier bags) (charges for single use carrier bags) extend to England and

Wales and Northern Ireland only.”
68
Page 43, line 16, at end insert—

“( )
Section (Carbon emissions reduction targets) and Schedule (Carbon emissions

reduction targets) (carbon emissions reduction targets) extend to England

and Wales and Scotland only.”

(  12  )

Clause 92
69
Page 43, line 18, after “budgeting)” insert “, Part 2 (the Committee on Climate

Change)”
70
Page 43, line 20, leave out subsection (2)
Clause 93
71
Page 43, line 32, leave out subsection (2)
Schedule 1
72
Page 46, line 16, at end insert—

      “()
This paragraph does not apply in relation to the Adaptation Sub-

Committee.”
73
Page 46, line 17, leave out paragraph 16 and insert—

“The Adaptation Sub-Committee

    (1)
There shall be a sub-committee of the Committee, to be known as the

Adaptation Sub-Committee or, in Welsh, as yr Is-bwyllgor Addasu

(referred to in this paragraph as “the ASC”).

      (2)
The ASC shall consist of—

(a)
a person appointed by the national authorities to chair the ASC

(“the ASC chair”), and

(b)
not less than five other members appointed by the national

authorities.

      (3)
The national authorities must—

(a)
consult the chair before appointing the ASC chair, and

(b)
consult the ASC chair before appointing the other members of

the ASC.

      (4)
A person ceases to be the ASC chair if the person—

(a)
resigns that office by giving written notice to the Secretary of

State, or

(b)
ceases to be a member of the ASC.

      (5)
The ASC may include persons who are not members of the Committee.

      (6)
Paragraphs 3 to 5 (term of office) apply to a person who is—

(a)
a member of the Committee, and

(b)
a member of the ASC,


in that person’s capacity as a member of the ASC.

      (7)
Those paragraphs and paragraphs 8 to 10 (remuneration and pensions

etc) apply to a member of the ASC who is not a member of the

Committee as they apply to a member of the Committee.

      (8)
In the application of paragraph 5(a) by virtue of this paragraph, the

reference to the Committee is a reference to the ASC.

      (9)
A person who—

(a)
ceases to be a member of the ASC, or

(  13  )

(b)
ceases to be the ASC chair,


may be reappointed to that office.

    (10)
The ASC must provide the Committee with such advice, analysis,

information or other assistance as the Committee may require in

connection with the exercise of its functions under—

(a)
section 37(1)(c) (advice etc to national authorities on adaptation

to climate change),

(b)
section (Advice of Committee on Climate Change on impact report)

(advice on report on impact of climate change), or

(c)
section (Reporting on progress in connection with adaptation)

(reporting on progress in connection with adaptation).”
74
Page 48, line 23, after “budgets),” insert—

“( )
section (Advice on emissions from international aviation and

international shipping) (advice in connection with international

aviation and international shipping),”
75
Page 48, line 24, at end insert—

“( )
section (Advice of Committee on Climate Change on impact report)

(advice on report on impact of climate change), or

( )
section (Reporting on progress in connection with adaptation)

(reporting on progress in connection with adaptation).”
Schedule 2
76
Page 60, line 3, after “participants” insert “or other persons authorised to trade in

allowances, credits or certificates”
Schedule 5
77
Page 74, line 21, leave out paragraph 3 and insert—

“   (1)
Section 46 of the Environmental Protection Act 1990 (c. 43) (receptacles

for household waste) is amended as follows.

      (2)
After subsection (1) insert—

“(1A)
Where—

(a)
subsection (1) applies to a waste collection authority, and

(b)
a waste reduction scheme under Schedule 2AA to this Act

is in operation in the authority’s area,


the authority may require the occupier to place the waste for

collection in receptacles identified by such means as may be

specified.

(1B)
A requirement under subsection (1A)—

(a)
must be imposed by notice served on the occupier;

(b)
may be imposed instead of, or in addition to, any

requirement imposed on the occupier under subsection

(1).”.

      (3)
In subsection (6) (penalties for failure to comply with requirements

under subsection (1) etc) after “subsection (1),” insert “(1A),”.

      (4)
In subsection (10) (interpretation), in the definition of “specified”, after

“subsection (1)” insert “or (1A)”.”

(  14  )

After Schedule 5
78
Insert the following new Schedule—

“Charges for single use carrier bags

Part 1

Powers to make regulations about charges

General power

1
The relevant national authority may make provision by regulations

about charging by sellers of goods for the supply of single use carrier

bags.

Requirement to charge

2
The regulations may make provision requiring sellers of goods to charge

for single use carrier bags supplied—

(a)
at the place where the goods are sold, for the purpose of enabling

the goods to be taken away, or

(b)
for the purpose of enabling the goods to be delivered.

Sellers of goods

3    (1)
“Seller”, in relation to goods, has the meaning given by the regulations

which may define that term by reference (in particular) to—

(a)
a person’s involvement in selling the goods,

(b)
a person’s interest in the goods, or

(c)
a person’s interest in the place at or from which the goods are

sold,


or any combination of those factors.

      (2)
The regulations may make provision for regulations under this Schedule

to apply—

(a)
to all sellers of goods,

(b)
to sellers of goods named in the regulations,

(c)
to sellers of goods identified by reference to specified factors, or

(d)
to sellers of goods within paragraph (b) and sellers of goods

within paragraph (c).

      (3)
The specified factors may include—

(a)
the place or places at or from which a seller supplies goods;

(b)
the type of goods that a seller supplies;

(c)
the value of goods that a seller supplies;

(d)
a seller’s turnover or any part of that turnover.

      (4)
In this Schedule “specified” means specified in regulations under this

Schedule.

(  15  )

Amount of charge

4
The regulations may specify the minimum amount that a seller must

charge for each single use carrier bag, or provide for that amount to be

determined in accordance with the regulations.

Single use carrier bags

5
“Single use carrier bag” has the meaning given by the regulations, which

may define that term by reference (in particular) to—

(a)
a bag’s size, thickness, construction, composition or other

characteristics, or

(b)
its intended use,


or any combination of those factors.

Administration

6    (1)
The regulations may appoint a person (an “administrator”) to administer

provision made by regulations under this Schedule.

      (2)
More than one person may be appointed as administrator.

      (3)
The regulations may confer or impose powers or duties on an

administrator and may (in particular) do so—

(a)
by making modifications to any enactment applying to the

administrator, or

(b)
by providing for any such enactment to apply, with or without

modifications, for the purposes of regulations under this

Schedule.

      (4)
References in this Schedule to an administrator include a person

appointed by an administrator.

Record-keeping and publication of records

7    (1)
The regulations may require records to be kept relating to charges made

for single use carrier bags.

      (2)
The regulations may require—

(a)
the records, or such other information as may be specified, to be

published at such times and in such manner as may be specified;

(b)
the records, or such other information as may be specified, to be

supplied on request and in such manner as may be specified to—

(i)
the relevant national authority,

(ii)
an administrator, or

(iii)
members of the public.

      (3)
The regulations may (in particular) require the publication or supply of

records or information relating to any of the following—

(a)
the amount received by a seller by way of charges for single use

carrier bags;

(b)
the seller’s gross or net proceeds of the charge;

(c)
the uses to which the net proceeds of the charge have been put.

      (4)
In this paragraph—

(  16  )

“gross proceeds of the charge” means the amount received by the

seller by way of charges for single use carrier bags;

“net proceeds of the charge” means the seller’s gross proceeds of

the charge reduced by such amounts as may be specified.

Enforcement

8    (1)
The regulations may confer or impose powers or duties on an

administrator to enforce provision made by regulations under this

Schedule.

      (2)
The regulations may (in particular) confer powers on an administrator

to—

(a)
require the production of documents or the provision of

information, or

(b)
question a seller or officers or employees of a seller.

      (3)
Regulations under sub-paragraph (2) must contain provision for

ensuring that the power in question is exercised by a person only where

the person reasonably believes there has been a failure to comply with a

requirement of regulations under this Schedule.

Part 2

Civil sanctions

Civil sanctions

9    (1)
The relevant national authority may make provision by regulations

about civil sanctions for breaches of regulations under this Schedule.

      (2)
For the purposes of this Schedule a person breaches regulations under

this Schedule if, in such circumstances as may be specified, the person—

(a)
fails to comply with a requirement made by or under the

regulations, or

(b)
obstructs or fails to assist an administrator.

      (3)
In this Schedule “civil sanction” means—

(a)
a fixed monetary penalty (see paragraph 10), or

(b)
a discretionary requirement (see paragraph 12).

Fixed monetary penalties

10  (1)
The regulations may make provision conferring on an administrator the

power by notice to impose a fixed monetary penalty on a person who

breaches regulations under this Schedule.

      (2)
The regulations may only confer such a power in relation to a case where

the administrator is satisfied on the balance of probabilities that the

breach has occurred.

      (3)
For the purposes of this Schedule a “fixed monetary penalty” is a

requirement to pay to an administrator a penalty of an amount specified

in or determined in accordance with the regulations.

      (4)
The regulations may not provide for the imposition of a fixed monetary

penalty in excess of £5,000.