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
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