APPENDIX 3: CLIMATE CHANGE BILL [HL] —
GOVERNMENT AMENDMENTS
Supplementary memorandum by the Department for
Environment, Food and Rural Affairs
1. This memorandum has been prepared by the Department
for Environment, Food and Rural Affairs ("Defra") and
relates to the Climate Change Bill which has recently completed
Committee stage in the House of Lords.
2. This memorandum supplements the previous memorandum
which Defra and the Department for Transport submitted to the
Committee on the Climate Change Bill's introduction to the House
of Lords.
3. At Report stage, Defra is tabling amendments
which would modify an existing delegated power in the Bill. This
supplementary memorandum identifies the proposed change to this
power and explains why that change is being proposed.
Schedule 2AA, paragraph 12(1) (Power to make
provision as to administration of schemes)
Power conferred on: Secretary of State
Power exercisable by: Statutory Instrument
Parliamentary procedure: Negative resolution,
except where such regulations modify an Act (the latter condition
is proposed by government amendments 27 and 29, on the recommendation
of the Committee)
4. The proposed government amendment 25 as tabled
by Lord Rooker on Wednesday 20 February 2008 would insert subparagraph
(1A) into Schedule 2AA paragraph 12 (as page 65, line 11).
5. Paragraph 12 gives the Secretary of State
the power to make regulations as to the administration of waste
reduction schemes. Paragraph 12(1) enables such regulations to
make provision about:
- how the amount of any rebate or
other payment is to be determined;
- how any such rebate or payment is to be given;
- how any charge is to be determined; and
- how any such charge is to be collected or enforced.
7. Paragraphs 12(2) and 12(3) provide that the
regulations may in particular provide for the integration of the
administration of a waste reduction scheme with the administration
of council tax.
8. The proposed paragraph 12(1A) would allow
that the regulations may in particular provide -
(a) for appeals against determinations or failure
to make a determination,
(b) for the appointment of persons or bodies
to hear appeals, and
(c) for charges to be recoverable, if a county
court so orders, as it they were payable under a county court
order.
Paragraph 12(1A)(a) and (b).
6. Schedule 2AA paragraph 9 provides that a waste
reduction scheme must allow for an occupier to appeal against
any decision affecting his entitlement to a rebate or other payment
or his liability to a charge under the scheme. The Department
considers that it is appropriate to give the Secretary of State
the power to make provision as to how an appeal mechanism regarding
waste charges and rebates should be constituted, as the appeal
process will be important in ensuring an individual occupier's
right to his property is determined properly. The Department considers
that the Secretary of State's powers to make such provision should
be made express in the Bill.
Paragraph 12(1A)(c).
7. The Department considers it appropriate to
make the power in paragraph 12(1A)(c) express, in order to ensure
that there is no doubt that the Secretary of State can make provision
allowing a local authority which is pursuing an unpaid waste charge
to ask the county court to register the authority's decision on
liability for the debt as a court judgment. This facility is commonly
given to local authorities as it enables the parties in debt proceedings
to move direct to enforcement, saving public money which would
otherwise be used in arguing liability before the court and paying
court fees. If the Secretary of State were to allow local authorities
this facility, the individual occupier's right to a fair determination
of his property rights would be ensured by Schedule 2AA paragraph
9 which provides that a waste reduction scheme must build in a
process enabling an occupier to appeal against any decision affecting
his liability to a charge. The occupier's appeal rights might
be further protected were the Secretary of State to exercise his
power to make regulations under Paragraph 12(1A)(a) and (b).
8. As with other regulations which may be made
under Schedule 2AA paragraph 12, the Department considers that
it is appropriate that regulations made under paragraph 12(1A)
be subject to negative resolution, except where such regulations
modify an Act (the latter condition is proposed by government
amendments 27 and 29 tabled by Lord Rooker on 20 February, on
the recommendation of the Committee).
Department for Environment, Food and Rural Affairs
February 2008
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