Select Committee on Merits of Statutory Instruments Sixth Report


Instruments of interest

DRAFT ELECTRICITY AND GAS (CARBON EMISSIONS REDUCTION) ORDER 2008

1.  The Department for Environment, Food and Rural Affairs (DEFRA) have laid the draft Electricity and Gas (Carbon Emissions Reduction) Order 2008, which places on electricity and gas suppliers an overall carbon emissions reduction target (CERT) in the household sector. Energy suppliers are required to achieve at least 40% of their carbon emissions reduction obligation by promoting measures to the priority group, which is defined as those in receipt of at least one of the benefits and tax credits that are listed in Schedule 2 to the Order, or to those aged 70 or over. We obtained further information from DEFRA about the priority group obligation, and this is published as an appendix to this report. Measures implemented under this Order are of considerable potential significance to reducing carbon emissions, and the House may be interested to follow the process of implementation. DEFRA have said that the Gas and Electricity Markets Authority (OFGEM) will report annually to the Secretary of State on progress on CERT, and that the Government will review the three-year programme in autumn 2011.

TERRORISM ACT 2000 AND PROCEEDS OF CRIME ACT 2002 (AMENDMENT) REGULATIONS 2007 (SI 2007/3398)

2.  The Home Office have laid the Terrorism Act 2000 and Proceeds of Crime Act 2002 (Amendment) Regulations 2007 (SI 2007/3398) which implement, in part, Directive 2005/60/EC on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing ("the third Directive"). Among other provisions, the Regulations create a tipping off offence making it unlawful to disclose to a third party the fact that a disclosure of suspicious activity has been made. In 2005, when the EU Committee of this House considered the draft Directive, it voiced concern, as regards the tipping off offence, that implementation of the third Directive should not challenge the protection of legal privilege and the lawyer-client relationship.[1] In consultation on these Regulations, the Home Office have listened to representations from the legal profession on this issue and have amended the Regulations to address the difficulties which that profession were concerned might arise.


1   House of Lords European Union Committee, 45th Report (2005-06), page 486 et seq.:

http://www.publications.parliament.uk/pa/ld200506/ldselect/ldeucom/243/243.pdf  Back


 
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