Legalize / United Kingdom / Public General Act

Climate Change Act 2008

Type Public General Act

Publication 2008-11-26

Last updated 2023-12-26

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

Waste reduction provisions: roll-out or repeal

75

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Collection of household waste

76

In section 46 of the Environmental Protection Act 1990 (c. 43) (receptacles for household waste), after subsection (10) insert—

(11) A waste collection authority is not obliged to collect household waste that is placed for collection in contravention of a requirement under this section.

Charges for single use carrier bagscarrier bags

Charges for single use carrier bags

77

(1) Schedule 6 makes provision about charges for single use carrier bagscarrier bags.

(2) In that Schedule—

Part 1 confers power on the relevant national authority to make regulations about charges for single use carrier bagscarrier bags;

Part 2 makes provision about civil sanctions;

Part 3 makes provision about the procedures applying to regulations under the Schedule.

(3) In that Schedule “the relevant national authority” means—

(a) the Secretary of State in relation to England;

(b) the Welsh Ministers in relation to Wales;

(4) Regulations under that Schedule are subject to affirmative resolution procedure if—

(a) they are the first regulations to be made by the relevant national authority in question under the Schedule,

(aa) they are the first regulations to be made by the Welsh Ministers under paragraph 4A of the Schedule,

(aa) they are to be made by the Department of the Environment in Northern Ireland under paragraph 4A of the Schedule;

(ab) they are to be made by the Department of the Environment in Northern Ireland and increase the minimum amount specified under paragraph 4 of the Schedule;

(b) they contain provision imposing or providing for the imposition of new civil sanctions,

(c) they increase the amount or maximum amount of a monetary penalty or change the basis on which such an amount or maximum is to be determined, or

(d) they amend or repeal a provision of an enactment contained in primary legislation.

(5) Otherwise regulations under that Schedule are subject to negative resolution procedure.

(6) Section 17(5) of the Interpretation Act (Northern Ireland) 1954 applies to a power to make regulations under Schedule 6.

Renewable transport fuel obligations

78

Schedule 7 contains amendments to the provisions of the Energy Act 2004 (c. 20) relating to renewable transport fuel obligations.

Carbon emissions reduction targets

79

Schedule 8 contains amendments to the provisions of the Gas Act 1986 (c. 44), the Electricity Act 1989 (c. 29) and the Utilities Act 2000 (c. 27) relating to carbon emissions reduction targets.

Miscellaneous

Report on climate change: Wales

80

(1) It is the duty of the Welsh Ministers to lay before the National Assembly for Wales from time to time a report on—

(a) the objectives of the Welsh Ministers in relation to greenhouse gas emissions and the impact of climate change in Wales,

(b) the action that has been taken by the Welsh Ministers and others to deal with such emissions and that impact, and

(2) The report must, in particular, set out how the Welsh Ministers intend to exercise the power to give directions under section 67 (directions to reporting authorities to prepare adaptation reports).

(3) Nothing in a report under this section affects the exercise of the Welsh Ministers' power under that section.

(4) The second and each subsequent report under this section must contain an assessment of the progress made towards implementing the objectives mentioned in the earlier reports.

(5) In this section “Wales” has the same meaning as in the Government of Wales Act 2006 (c. 32).

Climate change measures reports in Wales

81

(1) The Climate Change and Sustainable Energy Act 2006 (c. 19) is amended as follows.

(2) After section 3 insert—

(3A) (1) The Welsh Ministers must from time to time publish a climate change measures report. (2) A local authority in Wales must, in exercising its functions, have regard to any current climate change measures report. (3) A “climate change measures report” means a report containing information about the local authority measures the Welsh Ministers consider would or might have any of the following effects— (a) improving efficiency in the use of any description or source of energy; (b) increasing the amount of energy generated, or heat produced, by microgeneration; (c) increasing the amount of energy generated, or heat produced, by plant that relies wholly or mainly on a source of energy or a technology listed in section 26(2); (d) reducing emissions of greenhouse gases; (e) reducing the number of households in which one or more persons are living in fuel poverty; (f) addressing the impact of climate change. (4) Before publishing a climate change measures report, the Welsh Ministers must consult such representatives of local government, and such other persons, as the Welsh Ministers consider appropriate. (5) The Secretary of State's consent is required to the publication in a climate change measures report of information about a local authority measure to which subsection (6) applies. (6) This subsection applies to a local authority measure if the Secretary of State has a function in relation to the measure of— (a) making subordinate legislation, (b) issuing guidance or directions, or (c) making determinations or hearing appeals, and that function is exercisable in relation to Wales. (7) In this section— - “local authority” means any of the following— 1. a county council; 2. a county borough council; 3. a community council; - “local authority measure” means anything a local authority in Wales may do in the exercise of its functions (including deciding not to exercise a power).

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Repeal of previous reporting obligation

82

Section 2 of the Climate Change and Sustainable Energy Act 2006 (c. 19) (annual report on greenhouse gas emissions) is repealed.

Guidance on reporting

83

(1) The Secretary of State must publish guidance on the measurement or calculation of greenhouse gas emissions to assist the reporting by persons on such emissions from activities for which they are responsible.

(2) The guidance must be published not later than 1st October 2009.

(3) The Secretary of State may from time to time publish revisions to guidance under this section or revised guidance.

(4) Before publishing guidance under this section or revisions to it, the Secretary of State must consult the other national authorities.

(5) Guidance under this section and revisions to it may be published in such manner as the Secretary of State thinks fit.

Report on contribution of reporting to climate change objectives

84

(1) The Secretary of State must—

(a) review the contribution that reporting on greenhouse gas emissions may make to the achievement of the objectives of Her Majesty's Government in the United Kingdom in relation to climate change, and

(b) lay a report before Parliament setting out the conclusions of that review.

(2) The report must be laid before Parliament not later than 1st December 2010.

(3) In complying with this section the Secretary of State must consult the other national authorities.

Regulations about reporting by companies

85

(1) The Secretary of State must, not later than 6th April 2012—

(a) make regulations under section 416(4) of the Companies Act 2006 (c. 46) requiring the directors' report of a company to contain such information as may be specified in the regulations about emissions of greenhouse gases from activities for which the company is responsible, or

(b) lay before Parliament a report explaining why no such regulations have been made.

(2) Subsection (1)(a) is complied with if regulations are made containing provision in relation to companies, and emissions, of a description specified in the regulations.

Report on the civil estate

86

(1) It is the duty of the Minister for the Cabinet Office to lay before Parliament in respect of each year, beginning with the year 2008, a report containing an assessment of the progress made in the year towards improving the efficiency and contribution to sustainability of buildings that are part of the civil estate.

(2) The report must, in particular, include an assessment of the progress made in the year to which it relates towards—

(a) reducing the size of the civil estate, and

(b) ensuring that buildings that become part of the civil estate fall within the top quartile of energy performance.

(3) If a building that does not fall within the top quartile of energy performance becomes part of the civil estate in the year to which the report relates, the report must state the reasons why the building has nevertheless become part of the civil estate.

(4) A report under this section must be laid before Parliament not later than 1st June in the year following the year to which it relates.

(5) In this section “building” means a building that uses energy for heating or cooling the whole or any part of its interior.

(6) For the purposes of this section, a building is part of the civil estate if it is—

(a) used for the purposes of central government administration, and

(b) of a description of buildings for which, at the passing of this Act, the Treasury has responsibilities in relation to efficiency and sustainability.

(7) The Minister for the Cabinet Office may by order provide for buildings of a specified description to be treated as being, or as not being, part of the civil estate for the purposes of this section.

(8) Any such order is subject to affirmative resolution procedure.

Power of Ministers and departments to offset greenhouse gas emissions

87

(1) An authority to which this section applies may acquire and dispose of units or interests in units representing—

(a) a reduction in an amount of greenhouse gas emissions,

(b) the removal of an amount of greenhouse gas from the atmosphere, or

(2) This section applies to—

(a) any Minister of the Crown or government department;

(b) the Scottish Ministers;

(d) any Northern Ireland department.

(3) If the Treasury acquire such units or interests in units, until they are disposed of they shall be treated as held by the persons for the time being constituting the Treasury.

Fines for offences relating to pollution

88

(1) In section 105(2) of the Clean Neighbourhoods and Environment Act 2005 (c. 16) (which postpones the increase by subsection (1)(b) in maximum fines under regulations under the Pollution Prevention and Control Act 1999 (c. 24) pending the commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44)), for “Subsection (1)” substitute “ Subsection (1)(a) ”.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 6 — General supplementary provisions

Territorial scope of provisions relating to greenhouse gas emissions

89

(1) The provisions of this Act relating to emissions of greenhouse gases apply to emissions from sources or other matters occurring in, above or below—

(a) UK coastal waters, or

(b) the UK sector of the continental shelf,

as they apply to emissions from sources or matters occurring in the United Kingdom.

(2) In subsection (1)—

“UK coastal waters” means areas landward of the seaward limit of the territorial sea adjacent to the United Kingdom;

“the UK sector of the continental shelf” means the areas designated under section 1(7) of the Continental Shelf Act 1964 (c. 29).

(3) This section is subject to section 30 (emissions from international aviation or international shipping not to count as emissions from UK sources for the purposes of Part 1, except as provided by regulations).

Orders and regulations

90

(1) Orders and regulations under this Act must be made by statutory instrument, subject as follows.

(2) The power of a Northern Ireland department to make regulations under Part 3 (trading schemes) or Schedule 6 (charges for single use carrier bagscarrier bags)—

(a) is exercisable by statutory instrument if the instrument also contains regulations under that Part or Schedule made or to be made by another national authority, and

(b) otherwise, is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

(3) An order or regulations under this Act may—

(a) make different provision for different cases or circumstances,

(b) include supplementary, incidental and consequential provision, and

(4) Any provision that may be made by order under this Act may be made by regulations.

(5) Any provision that may be made by regulations under this Act may be made by order.

Affirmative and negative resolution procedure

91

(1) Where orders or regulations under this Act are subject to “affirmative resolution procedure” the order or regulations must not be made unless a draft of the statutory instrument containing them has been laid before and approved by a resolution of each House of Parliament.

(2) Where orders or regulations under this Act are subject to “negative resolution procedure” the statutory instrument containing the order or regulations is subject to annulment in pursuance of a resolution of either House of Parliament.

(3) Any provision that may be made by an order or regulations under this Act subject to negative resolution procedure may be made by an order or regulations subject to affirmative resolution procedure.

(4) This section does not apply to—

(a) regulations under Part 3 (trading schemes) (but see Schedule 3), or

(b) regulations under Schedule 6 (but see Part 3 of that Schedule).

Interpretation

Meaning of “greenhouse gas”

92

(1) In this Act “greenhouse gas” means any of the following—

(a) carbon dioxide (CO₂),

(b) methane (CH₄),

(d) hydrofluorocarbons (HFCs),

(e) perfluorocarbons (PFCs),

(f) sulphur hexafluoride (SF₆),

(g) nitrogen trifluoride (NF₃).

(2) The Secretary of State may by order amend the definition of “greenhouse gas” in subsection (1) to add to the gases listed in that definition.

(3) That power may only be exercised if it appears to the Secretary of State that an agreement or arrangement at European or international level recognises that the gas to be added contributes to climate change.

(4) An order under this section is subject to negative resolution procedure.

Measurement of emissions etc by reference to carbon dioxide equivalent

93

(1) For the purposes of this Act greenhouse gas emissions, reductions of such emissions and removals of greenhouse gas from the atmosphere shall be measured or calculated in tonnes of carbon dioxide equivalent.

(2) A “tonne of carbon dioxide equivalent” means one metric tonne of carbon dioxide or an amount of any other greenhouse gas with an equivalent global warming potential (calculated consistently with international carbon reporting practice).

Meaning of “international carbon reporting practice”

94

(1) In this Act “international carbon reporting practice” means accepted practice in relation to reporting for the purposes of the protocols to the United Nations Framework Convention on Climate Change or such other agreements or arrangements at European or international level as the Secretary of State may specify by order.

(2) An order under this section is subject to negative resolution procedure.

Meaning of “national authority”

95

(1) In this Act “national authority” means any of the following—

(a) the Secretary of State;

(b) the Scottish Ministers;

(d) the relevant Northern Ireland department.

(2) Functions conferred or imposed by this Act on “the national authorities” are to be exercised by all of them jointly.

Meaning of “relevant Northern Ireland department”

96

(1) In this Act “the relevant Northern Ireland department”, in relation to a matter or provision, means the Northern Ireland department responsible for the matter or, as the case may be, for the matters to which the provision relates.

(2) If more than one department is responsible, the reference is to all of them.

(3) Any question as to the Northern Ireland department responsible for a matter is to be determined by the Department of Finance and Personnel in Northern Ireland.

Minor definitions

97

In this Act—

“devolved legislature” means—the Scottish Parliament,the National Assembly for Wales, orthe Northern Ireland Assembly;

“emissions”, in relation to a greenhouse gas, means emissions of that gas into the atmosphere that are attributable to human activity;

“enactment” includes—an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978 (c. 30),an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament,an enactment contained in, or in an instrument made under, Northern Ireland legislation, andan enactment contained in, or in an instrument made under, a Measure or Act of the National Assembly for Wales;

“European law” means—all the rights, powers, liabilities, obligations and restrictions from time to time created or arising by or under the EU Treaties, andall the remedies and procedures from time to time provided for by or under the EU Treaties,and “European policy” has a corresponding meaning;

“modifications”, in relation to an enactment, includes additions or amendments to, or omissions from, the enactment;

“primary legislation” means—an Act of Parliament,an Act of the Scottish Parliament,a Measure or Act of the National Assembly for Wales, orNorthern Ireland legislation.

Index of defined expressions

98

In this Act the following expressions are defined or otherwise explained by the provisions indicated—

Final provisions

Extent

99

(1) This Act, apart from the provisions listed below, extends to the whole of the United Kingdom.

(2) The following provisions of this Act extend to England and Wales only—

(a) sections 71 to 75 and Schedule 5 (waste reduction schemes);

(b) section 76 (collection of household waste);

(d) section 88 (fines for offences relating to pollution).

(3) Section 77 and Schedule 6 (charges for single use carrier bagscarrier bags) extend to England and Wales and Northern Ireland only.

(4) Section 79 and Schedule 8 (carbon emissions reduction targets) extend to England and Wales and Scotland only.

Commencement

100

(1) Part 1 (carbon target and budgeting), Part 2 (the Committee on Climate Change) and this Part come into force on the day this Act is passed.

(2) Section 71(1) and Schedule 5 (waste reduction schemes) come into force in accordance with sections 72 to 75.

(3) Section 81 (climate change measures reports in Wales) comes into force on such day as may be appointed by order made by the Welsh Ministers.

(4) Section 82 (repeal of previous reporting obligation) comes into force on 1st January 2009.

(5) The other provisions of this Act come into force at the end of two months beginning with the day it is passed.

Short title

101

The short title of this Act is the Climate Change Act 2008.

SCHEDULE 1

Membership

1

(1) The Committee shall consist of—

(a) a person appointed by the national authorities to chair the Committee (“the chair”), and

(b) not less than five and not more than eight other members appointed by the national authorities.

(2) The national authorities must consult the chair before appointing the other members.

(3) In appointing a member, the national authorities must have regard to the desirability of securing that the Committee (taken as a whole) has experience in or knowledge of the following—

(a) business competitiveness;

(b) climate change policy at national and international level, and in particular the social impacts of such policy;

(d) differences in circumstances between England, Wales, Scotland and Northern Ireland and the capacity of national authorities to take action in relation to climate change;

(e) economic analysis and forecasting;

(f) emissions trading;

(g) energy production and supply;

(h) financial investment;

(i) technology development and diffusion.

(4) The Secretary of State may by order amend sub-paragraph (1)(b) so as to alter the minimum or maximum number of members of the Committee.

(5) Such an order may only be made with the consent of the other national authorities.

(6) Any such order is subject to negative resolution procedure.

2

The national authorities may, after consulting the chair, appoint one of the members as deputy to the chair (“the deputy chair”).

Term of office

3

A member holds and vacates office in accordance with the terms of the member's appointment.

4

A member may resign by giving written notice to the Secretary of State.

5

The national authorities may remove a member—

(a) who has been absent from meetings of the Committee without its permission for a period of 6 months or more,

(b) who has become bankrupt or has made an arrangement with creditors,

(c) whose estate has been sequestrated in Scotland or who, under Scots law, has made a composition or arrangement with, or granted a trust deed for, creditors, or

(d) who in the opinion of the national authorities is otherwise unable or unfit to carry out the duties of that member.

6

A person ceases to be the chair or the deputy chair if the person—

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

(b) ceases to be a member.

7

A person who—

(a) ceases to be a member, or

(b) ceases to be the chair or the deputy chair,

may be reappointed to that office.

Remuneration and pensions etc

8

The Committee may pay to the members such remuneration and allowances as the national authorities may determine.

9

The Committee must, if required to do so by the national authorities—

(a) pay such pensions, gratuities or allowances as the national authorities may determine to or in respect of any person who is or has been a member, or

(b) pay such sums as the national authorities may determine towards provision for the payment of pensions, gratuities or allowances to or in respect of such a person.

10

If the national authorities consider there are special circumstances which make it right for a person who has ceased to be a member to receive compensation, the Committee must pay the person such compensation as the national authorities may determine.

Staff

11

(1) The Committee must appoint a person to be chief executive, but may only appoint a person who has been approved by the national authorities.

(2) The chief executive is an employee of the Committee.

12

The Committee may appoint other employees.

13

The Committee must, if required to do so by the national authorities—

(a) pay such pensions, gratuities or allowances as the national authorities may determine to or in respect of any employee or former employee, or

(b) pay such sums as the national authorities may determine towards provision for the payment of pensions, gratuities or allowances to or in respect of any employee or former employee.

14

(1) In Schedule 1 to the Superannuation Act 1972 (c. 11) (kinds of employment to which section 1 of that Act applies), in the list of other bodies, at the appropriate place insert— “ The Committee on Climate Change. ”

(2) The Committee must pay to the Minister for the Civil Service, at such times as the Minister may direct, such sums as the Minister may determine in respect of any increase attributable to sub-paragraph (1) in the sums payable out of money provided by Parliament under the Superannuation Act 1972.

Sub-committees

15

(1) The Committee may establish sub-committees.

(2) A sub-committee may include persons who are not members of the Committee.

(3) The Committee may pay such remuneration and allowances as the national authorities may determine to any person who—

(a) is a member of a sub-committee, but

(b) is not a member of the Committee.

(4) This paragraph does not apply in relation to the Adaptation Sub-Committee.

The Adaptation Sub-Committee

16

(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

(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 38(1)(c) (advice etc to national authorities on adaptation to climate change),

(b) section 57 (advice on report on impact of climate change), or

Proceedings

17

The Committee may regulate—

(a) its own procedure (including quorum), and

(b) the procedure of any sub-committee (including quorum).

18

The validity of anything done by the Committee or any sub-committee is not affected by—

(a) any vacancy in the membership of the Committee or sub-committee, or

(b) any defect in the appointment of any member of the Committee or sub-committee.

19

The Committee must publish the minutes of its meetings in such manner as it considers appropriate.

Discharge of functions

20

The Committee may authorise a sub-committee, member or employee to exercise any of the Committee's functions.

Application of seal and proof of documents

21

(1) The application of the Committee's seal must be authenticated by the signature of—

(a) a member of the Committee who is authorised (generally or specially) for that purpose, or

(b) an employee who is so authorised.

(2) A document purporting to be duly executed under the seal of the Committee or to be signed on behalf of the Committee shall be received in evidence and treated as so executed or signed unless the contrary is shown.

(3) This paragraph does not apply in relation to Scotland.

Reports and accounts

22

(1) For each financial year the Committee must—

(a) prepare an annual report on the discharge of its functions during the year, and

(b) send a copy to the national authorities within such period as the national authorities may direct.

(2) A copy of each report received under this paragraph must be laid—

(a) by the Secretary of State before Parliament,

(b) by the Scottish Ministers before the Scottish Parliament,

(d) by the relevant Northern Ireland department before the Northern Ireland Assembly.

23

In this Schedule “financial year” means—

(a) the period beginning with the day the Committee is established and ending with the next 31st March, and

(b) each subsequent period of 12 months ending with 31st March.

24

(1) The Committee must keep proper accounts and proper records in relation to the accounts.

(2) For each financial year the Committee must—

(a) prepare a statement of accounts in respect of that financial year, and

(b) send a copy of the statement to the national authorities and the Comptroller and Auditor General within such period as the national authorities direct.

(3) The statement must be in such form as the national authorities may direct.

(4) The Comptroller and Auditor General must—

(a) examine, certify and report on the statement, and

(b) send a copy of the certified statement and the report to the national authorities as soon as possible.

(5) A copy of each statement received under sub-paragraph (4) must be laid—

(a) by the Secretary of State before Parliament,

(b) by the Scottish Ministers before the Scottish Parliament,

(d) by the relevant Northern Ireland department before the Northern Ireland Assembly.

Information

25

(1) The Committee must provide the national authorities with such information as they may request about its property.

(2) The Committee must provide the Secretary of State with such information as the Secretary of State may request about the exercise or proposed exercise of its functions under—

(a) Part 1 (carbon target and budgeting),

(b) section 33 (advice on level of 2050 target),

(d) section 35 (advice on emissions from international aviation and international shipping),

(e) section 36 (reports on progress),

(f) section 57 (advice on report on impact of climate change), or

(g) section 59 (reporting on progress in connection with adaptation).

(3) The Committee must provide a national authority with such information as the national authority may request about the exercise or proposed exercise of the Committee's functions under—

(a) section 38 (duty to provide advice or assistance on request), or

(b) section 48 (advice on trading scheme regulations),

in relation to that national authority.

If the information relates to the exercise or proposed exercise of those functions in relation to two or more national authorities, the request must be made by all of them jointly.

(4) The Committee must provide the national authorities with such information as they may request about the exercise or proposed exercise of any of its other functions.

(5) The Committee must also—

(a) permit any person authorised by a national authority to inspect and make copies of any accounts or other documents of the Committee, and

(b) provide such explanation of them as that person or the national authority may require.

(6) Before exercising a function under sub-paragraph (5), the national authority must consult the other national authorities.

Publication of advice etc

26

A requirement under this Act for the Committee to publish anything does not oblige it to publish—

(a) information it could refuse to disclose in response to a request under—

(i) the Freedom of Information Act 2000 (c. 36), or

(ii) the Environmental Information Regulations 2004 (S.I. 2004/3391) or any regulations replacing those regulations;

(b) information whose disclosure is prohibited by any enactment.

Status

27

(1) The Committee is not to be regarded as the servant or agent of the Crown or as enjoying any status, privilege or immunity of the Crown.

(2) The Committee is to be treated as a cross-border public authority within the meaning of the Scotland Act 1998 (c. 46) for the purposes of the following provisions of that Act—

(a) section 23(2)(b) (power of Scottish Parliament to require persons outside Scotland to attend to give evidence or produce documents);

(b) section 70(6) (legislation of Scottish Parliament not to require certain cross-border public authorities to prepare accounts).

Public Records Act 1958 (c. 51)

28

In Schedule 1 to the Public Records Act 1958 (definition of public records), in Part 2 of the Table at the end of paragraph 3, at the appropriate place insert— “ The Committee on Climate Change. ”

Parliamentary Commissioner Act 1967 (c. 13)

29

In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation)—

(a) at the appropriate place insert— “ The Committee on Climate Change. ”, and

(b) in the notes at the appropriate place insert—

In the case of the Committee on Climate Change, no investigation is to be conducted in respect of any action taken by or on behalf of the Committee— (a) in the exercise in or as regards Scotland of any function to the extent that the function is exercisable within devolved competence (within the meaning of section 54 of the Scotland Act 1998), or (b) in connection with functions of the Committee in relation to Wales (within the meaning of the Government of Wales Act 2006).

House of Commons Disqualification Act 1975 (c. 24)

30

In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified), at the appropriate place insert— “ The Committee on Climate Change. ”

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

31

In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified), at the appropriate place insert— “ The Committee on Climate Change. ”

Race Relations Act 1976 (c. 74)

32

In Part 2 of Schedule 1A to the Race Relations Act 1976 (bodies and other persons subject to general statutory duty), at the appropriate place insert— “ The Committee on Climate Change. ”

Freedom of Information Act 2000 (c. 36)

33

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices which are public authorities), at the appropriate place insert— “ The Committee on Climate Change. ”

Scottish Public Services Ombudsman Act 2002 (asp 11)

34

(1) The Scottish Public Services Ombudsman Act 2002 is amended as follows.

(2) In section 7 (matters which may be investigated: restrictions), after subsection (6B) insert—

(6C) The Ombudsman must not investigate action taken by or on behalf of the Committee on Climate Change in the exercise in or as regards Scotland of any function to the extent that the function is not exercisable within devolved competence (within the meaning of section 54 of the Scotland Act 1998).

(3) In Schedule 2 (persons liable to investigation), after paragraph 91A insert—

(91B) The Committee on Climate Change.

Public Services Ombudsman (Wales) Act 2005 (c. 10)

35

In Schedule 3 to the Public Services Ombudsman (Wales) Act 2005 (listed authorities), after the heading “Environment” insert— “ The Committee on Climate Change. ”

SCHEDULE 2

Part 1 — Schemes limiting activities

Introductory

1

This Part of this Schedule deals with trading schemes that operate by limiting or encouraging the limitation of activities that consist of the emission of greenhouse gas or that cause or contribute, directly or indirectly, to such emissions.

Trading periods

2

The regulations must specify the period or periods by reference to which the scheme is to operate (a “trading period”).

Activities

3

(1) The regulations must identify the activities to which the trading scheme applies.

(2) The regulations may identify the activities by reference to any, or any combination of, criteria and in particular—

(a) may identify the activities by reference to the locations or locations at which they are carried on, or

(b) may be expressed to apply to all activities of a particular kind carried on in the United Kingdom or a part of the United Kingdom.

(3) The regulations must specify the units of measurement of the activities for the purposes of the scheme.

(4) The regulations may specify units of measurement by reference to—

(a) the activities themselves,

(b) anything consumed or used for the purposes of the activities,

(d) any other consequence of the activities.

(5) The regulations may, in particular, make provision—

(a) for activities to be measured by reference to the amount (in tonnes of carbon dioxide equivalent) of the greenhouse gas emissions for which those activities are to be regarded as responsible; and

(b) as to the method by which that amount is to be measured or calculated.

(6) The regulations may make different provision in relation to different descriptions of activity to which the scheme applies.

Participants

4

(1) The regulations must identify the persons to whom the trading scheme applies (the “participants”).

(2) The regulations—

(a) may identify the participants by reference to any, or any combination of, criteria, or

(b) provide for their identification by a specified person or body.

(3) The regulations may, in particular, identify or provide for the identification of the participants by reference to their responsibility for activities to which the trading scheme applies.

(4) The regulations may provide for more than one person to be treated as a single participant.

(5) The regulations may provide for persons to cease to be participants in circumstances specified in the regulations.

Allocation of allowances

5

(1) The regulations may provide for the allocation among the participants of allowances representing the right to carry on a specified amount of the activities in a trading period.

(2) The regulations may set a limit on—

(a) the total amount of the activities for a trading period, and

(b) the total amount of the allowances to be allocated for the period.

(3) The regulations may specify the method of allocation or provide for it to be determined in accordance with the regulations.

(4) The regulations may not provide for allowances to be allocated in return for consideration.

Use of allowances

6

(1) The regulations may require each participant to have or acquire enough allowances to match the participant's activities in a trading period, subject to any offsetting in accordance with provision made under paragraph 7.

(2) The regulations—

(a) may permit allowances held by a participant at the end of a trading period in excess of the participant's activities in the period to be used to cover the participant's activities in a later trading period,

(b) may permit allowances allocated to a participant for a trading period to be used to cover the participant's activities in an earlier trading period, and

(c) may in either case provide for such use of allowances to be subject to such conditions and limitations as may be specified in or determined in accordance with the regulations.

(3) The regulations must contain provision for ensuring that allowances used by a participant for the purposes of a trading scheme cannot be used by the participant for any other purpose.

(4) The regulations—

(a) may provide for the expiry of allowances after such period as may be specified in or determined in accordance with the regulations;

(b) may enable allowances to be cancelled by a person by whom they are held instead of being used for the purposes of a trading scheme.

Credits

7

(1) The regulations may enable participants to offset the carrying on of the activities in a trading period by acquiring credits representing—

(a) a reduction in an amount of greenhouse gas emissions, or

(b) the removal of an amount of greenhouse gas from the atmosphere.

(2) Regulations that make provision under this paragraph for a trading period must set a limit on the total amount of the activities for the period.

(3) If the regulations also provide for the allocation of allowances for the period, they must—

(a) set a limit on the total amount of the allowances to be allocated for the period, and

(b) require each participant to acquire enough credits to offset any activities carried on by the participant in the period in excess of those for which the participant has or has acquired allowances.

(4) Otherwise, such regulations must—

(a) set a limit on the amount of the activities that each participant may carry on in the period, and

(b) require each participant to acquire enough credits to offset any activities carried on by the participant in the period in excess of that limit.

(5) The regulations must specify—

(a) the descriptions of credits that may be used for offsetting a participant's activities,

(b) the value of different descriptions of credit as regards the amount of the activities they are treated as offsetting, and

(6) The regulations—

(a) must contain provision for ensuring that credits used to offset activities under a trading scheme cannot be used by the participant for any other purpose;

(b) may enable credits to be cancelled by a person by whom they are held instead of being used for that purpose.

Payments

8

(1) The regulations may provide that a participant who does not have or acquire enough allowances or credits to match or offset the participant's activities in a trading period must pay an amount specified in or determined in accordance with the regulations within the period so specified.

(2) The regulations may require the payment to be made to—

(a) the administrator, or

(b) such other person as the regulations may specify.

(3) The provision that may be made about the amount of the payment includes, in particular, provision—

(a) for the amount to be determined by the administrator or a national authority;

(b) in a case where the payment is not made within the period specified in the regulations, for the amount to increase at the rate so specified until payment;

(c) for the amount of the payment, or of any amount by reference to which it is to be calculated, to be adjusted from time to time by reference to inflation or some other factor.

(4) Provision within sub-paragraph (3)(c) may refer, in particular, to an index or data specified in the regulations (including as modified from time to time after the regulations come into force).

(5) If the regulations provide for payments to be made to a person other than a national authority, they must provide for that person to pay the sums received to the national authority or authorities specified in or determined in accordance with the regulations.

Trading

9

(1) The regulations must provide for the participants in a trading scheme to trade in any allowances or credits under the scheme.

(2) The regulations may also provide for trading in the allowances or credits by third parties authorised in accordance with the regulations.

(3) The regulations must specify the circumstances in which trading is permitted.

(4) The regulations may require trading to be notified to the administrator of the trading scheme.

Permits

10

(1) The regulations may provide that participants may only carry on activities to which the trading scheme applies, or specified activities to which the scheme applies, if they hold a permit.

(2) The regulations may make provision about the issue, variation, transfer, surrender and revocation of permits.

(3) The regulations may provide for conditions to be attached to permits.

(4) References in this Schedule to the requirements of the scheme include requirements imposed by conditions attached to a permit.

Units under other schemes

11

(1) The regulations may make provision for recognising any of the following as equivalent to allowances or credits under the trading scheme—

(a) allowances, credits or certificates under another trading scheme for which provision is made by regulations under this Part of this Act;

(b) units under any other trading scheme (at United Kingdom, European or international level) relating to greenhouse gas emissions.

(2) The regulations may provide—

(a) for determining the value for the purposes of the scheme of any such allowances, credits, certificates or units, and

(b) for the use for the purposes of the scheme of any such allowances, credits, certificates or units to be subject to such conditions and limitations as may be specified in or determined in accordance with the regulations.

Part 2 — Schemes encouraging activities

Introductory

12

This Part of this Schedule deals with trading schemes that operate by encouraging activities that consist of, or that cause or contribute, directly or indirectly to—

(a) reductions in greenhouse gas emissions, or

(b) the removal of greenhouse gas from the atmosphere.

Trading periods

13

The regulations must specify the period or periods by reference to which the scheme is to operate (a “trading period”).

Activities

14

(1) The regulations must identify the activities to which the trading scheme applies.

(2) The regulations may identify the activities by reference to any, or any combination of, criteria and in particular—

(a) may identify the activities by reference to the locations or locations at which they are carried on, or

(b) may be expressed to apply to all activities of a particular kind carried on in the United Kingdom or a part of the United Kingdom.

(3) The regulations must specify the units of measurement of the activities for the purposes of the scheme.

(4) The regulations may specify units of measurement by reference to—

(a) the activities themselves,

(b) anything consumed or used for the purposes of the activities,

(d) any other consequence of the activities.

(5) The regulations may, in particular, make provision—

(a) for activities to be measured by reference to the amount (in tonnes of carbon dioxide equivalent) of the reduction of greenhouse gas emissions, or removals of greenhouse gas from the atmosphere, for which those activities are to be regarded as responsible; and

(b) as to the method by which that amount is to be measured or calculated.

(6) The regulations may make different provision in relation to different descriptions of activity to which the scheme applies.

Participants

15

(1) The regulations must identify the persons to whom the trading scheme applies (the “participants”).

(2) The regulations—

(a) may identify the participants by reference to any, or any combination of, criteria, or

(b) provide for their identification by a specified person or body.

(3) The regulations may provide for more than one person to be treated as a single participant.

(4) The regulations may provide for persons to cease to be participants in circumstances specified in the regulations.

Targets and obligations

16

The regulations must, for each trading period—

(a) set a target for the total amount of the activities, and

(b) impose, or provide for the imposition of, an obligation on each participant in relation to the carrying on of a specified amount of the activities in the period.

Certificates

17

(1) The regulations must provide for the issue of certificates evidencing the carrying on of the activities in a trading period.

(2) The regulations may provide for certificates to evidence the carrying on of the activities—

(a) by the participant in question,

(b) by another participant in the trading scheme, or

(c) by a third party authorised in accordance with the regulations to obtain certificates for the purposes of the scheme.

(3) The regulations must require each participant to have enough certificates at the end of each trading period to comply with the participant's obligations under the trading scheme.

(4) The regulations must contain provision for ensuring that certificates used by a participant for that purpose cannot be used by the participant for any other purpose.

(5) The regulations—

(a) may provide for the expiry of certificates after such period as may be specified in or determined in accordance with the regulations;

(b) may enable certificates to be cancelled by a person by whom they are held instead of being used for the purposes of a trading scheme.

Payments

18

(1) The regulations may provide that a participant who does not have enough certificates at the end of a trading period to comply with the participant's obligations under the trading scheme must pay an amount specified in or determined in accordance with the regulations within the period so specified.

(2) The regulations may require the payment to be made to—

(a) the administrator, or

(b) such other person as the regulations may specify.

(3) The provision that may be made about the amount of the payment includes, in particular, provision—

(a) for the amount to be determined by the administrator or a national authority;

(b) in a case where the payment is not made within the period specified in the regulations, for the amount to increase at the rate so specified until payment;

(c) for the amount of the payment, or of any amount by reference to which it is to be calculated, to be adjusted from time to time by reference to inflation or some other factor.

(4) Provision within sub-paragraph (3)(c) may refer, in particular, to an index or data specified in the regulations (including as modified from time to time after the regulations come into force).

(5) If the regulations provide for payments to be made to a person other than a national authority, they must provide for that person to pay the sums received to the national authority or authorities specified in or determined in accordance with the regulations.

Trading

19

(1) The regulations must provide for the participants in a trading scheme to trade in certificates.

(2) The regulations may also provide for trading in certificates by third parties authorised in accordance with the regulations.

(3) The regulations must specify the circumstances in which trading is permitted.

(4) The regulations may require trading to be notified to the administrator of the trading scheme.

Units under other schemes

20

(1) The regulations may make provision for recognising any of the following as equivalent to certificates under the trading scheme—

(a) allowances, credits or certificates under another trading scheme for which provision is made by regulations under this Part of this Act;

(b) units under any other trading scheme (at United Kingdom, European or international level) relating to greenhouse gas emissions.

(2) The regulations may provide—

(a) for determining the value for the purposes of the scheme of any such allowances, credits, certificates or units, and

(b) for the use for the purposes of the scheme of any such allowances, credits, certificates or units to be subject to such conditions and limitations as may be specified in or determined in accordance with the regulations.

Part 3 — Administration and enforcement

The administrator

21

(1) The regulations may appoint a person as the administrator of a trading scheme.

(2) The regulations may confer or impose functions on the administrator for the purposes of the scheme.

(3) Only the following may be appointed as the administrator of a trading scheme—

(a) the Secretary of State,

(b) the Scottish Ministers,

(d) the relevant Northern Ireland department,

(e) a body established by an enactment, or

(f) any combination of the above.

(4) The same person may be appointed as the administrator of more than one trading scheme.

(5) More than one person may be appointed as the administrator of the same trading scheme.

Information

22

(1) The regulations may require such information as may be specified in or determined in accordance with the regulations to be provided to—

(a) the administrator of a trading scheme,

(b) a national authority, or

for purposes connected with the scheme.

(2) The regulations may confer power on the administrator of a trading scheme to require information to be provided to any of those persons for those purposes.

(3) The regulations must provide for a requirement by the administrator to provide information to be notified in writing to the person to whom it is made.

(4) If the regulations confer functions on the administrator for the purposes of this paragraph, they may provide for the administrator to delegate the performance of any of those functions.

(5) The regulations may provide for information held by or on behalf of the administrator of a trading scheme in connection with the administrator's functions to be disclosed to—

(a) any other administrator of the scheme,

(b) the administrator of another trading scheme, or

Registers

23

(1) The regulations may provide for the creation and maintenance of a register or registers of information relating to a trading scheme and, in particular, for the register or registers to keep track of any of the following—

(a) the participants in a trading scheme;

(b) any limits on or obligations applying to the participants' activities under the scheme;

(d) the allowances, credits, certificates or other units held by the participants or others;

(e) trading in allowances, credits, certificates or other units;

(f) the use by the participants or others of allowances, credits, certificates or other units for the purposes of the scheme;

(g) the cancellation of allowances, credits, certificates or other units;

(h) permits held by the participants, and any conditions attached to those permits.

(2) The regulations may, in particular, provide for the establishment and maintenance of accounts in which allowances, credits, certificates or other units may be held by the participants, the administrator or others and between which they may be transferred.

(3) The regulations may provide for the same register to operate in relation to more than one trading scheme.

(4) The regulations may make provision for the disclosure of information held in or derived from a register relating to a trading scheme—

(a) for the purposes of the administration of another trading scheme for which provision is made by regulations under this Part of this Act, or

(b) for the purposes of the administration of any other trading scheme (at United Kingdom, European or international level) relating to greenhouse gas emissions.

Publication of information

24

The regulations may confer or impose functions on the administrator of a trading scheme in relation to the publication of information relating to the scheme or its participants (including, in particular, information supplied to the administrator by the participants and others).

Acquisition of units by the administrator

25

The regulations may confer powers on the administrator of a trading scheme to acquire—

(a) allowances, credits or certificates under another trading scheme for which provision is made by regulations under this Part of this Act, or

(b) units under any other trading scheme (at United Kingdom, European or international level) relating to greenhouse gas emissions.

Charges

26

(1) The regulations may—

(a) require the payment by participants or other persons authorised to trade in allowances, credits or certificates of charges of an amount determined by or under the regulations by reference to the costs of operating the scheme, and

(b) provide for such charges to be imposed by—

(i) a national authority,

(ii) the administrator of the scheme, or

(iii) such other person as may be specified in or determined in accordance with the regulations.

(2) If the regulations provide for charges to be payable to a person other than a national authority, they must provide for that person to pay the sums received to the national authority or authorities specified in or determined in accordance with the regulations.

Monitoring compliance

27

(1) The regulations may make provision for monitoring compliance with the requirements of a trading scheme.

(2) The regulations may, in particular, make provision about—

(a) the keeping of records by the participants,

(b) the provision of information by the participants and others,

(d) the inspection of premises.

(3) If the regulations confer functions on the administrator of the scheme for the purposes of this paragraph, they may provide for the administrator to delegate the performance of any of those functions.

Enforcement

28

(1) The regulations may confer powers on a person to whom this paragraph applies to—

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

(b) question the officers of a company,

(d) seize documents or records.

(2) The regulations must provide that the power in question may only be exercised where the person on whom it is conferred reasonably believes there has been a failure to comply with the requirements of a trading scheme.

(3) This paragraph applies to—

(a) a national authority,

(b) the administrator of the scheme, and

Penalties

29

(1) The regulations may provide that a person is liable to a financial or other penalty if the person fails to comply with the requirements of a trading scheme.

(2) The regulations may—

(a) specify the amount of any financial penalty, or

(b) provide for the amount of any financial penalty to be determined in accordance with the regulations.

(3) If the regulations provide for financial penalties to be payable to a person other than a national authority, they must provide for that person to pay the sums received to the national authority or authorities specified in or determined in accordance with the regulations.

Offences

30

(1) The regulations may create offences relating to trading schemes.

(2) The regulations may provide for such an offence to be triable—

(a) only summarily, or

(b) either summarily or on indictment.

(3) The regulations may provide for such an offence to be punishable on summary conviction—

(a) with imprisonment for a term not exceeding such period as is specified in the regulations (which may not exceed the normal maximum term),

(b) with a fine not exceeding such amount as is so specified (which may not exceed £50,000), or

(4) The “normal maximum term” means—

(a) in relation to England and Wales—

(i) in the case of an offence triable only summarily, 51 weeks, and

(ii) in the case of an offence triable either summarily or on indictment, twelve months;

(b) in relation to Scotland—

(i) in the case of an offence triable only summarily, 6 months, and

(ii) in the case of an offence triable either summarily or on indictment, twelve months;

(5) Regulations that—

(a) are made before the date on which section 281(5) of the Criminal Justice Act 2003 (c. 44) comes into force, and

(b) in relation to England and Wales, make provision for a summary offence to be punishable with a term of imprisonment exceeding six months,

must provide that, where the offence is committed before that date, it is punishable with imprisonment for a term not exceeding six months.

(6) Regulations that—

(a) are made before 2 May 2022, and

(b) in relation to England and Wales, make provision for an offence triable either summarily or on indictment to be punishable on summary conviction with a term of imprisonment exceeding six months,

must provide that, where the offence is committed before that date, it is punishable on summary conviction with imprisonment for a term not exceeding six months.

(7) The regulations may provide for an offence to be punishable on indictment—

(a) with imprisonment for a term not exceeding such period as is specified in the regulations (which may not exceed five years),

(b) with a fine, or

(8) The regulations may—

(a) provide for defences against offences, and

(b) make provision about matters of procedure and evidence in proceedings relating to offences.

Appeals

31

(1) The regulations may confer rights of appeal against—

(a) decisions made in relation to a trading scheme, and

(b) civil penalties imposed or enforcement action taken for failure to comply with the requirements of a trading scheme.

(2) The regulations must specify the court, tribunal or person who is to hear and determine appeals in relation to a trading scheme.

(3) The regulations may, in particular, provide for appeals in relation to a trading scheme to be heard by—

(a) a national authority, if not the administrator of the trading scheme, or

(b) a person appointed by a national authority for that purpose.

(4) They may provide for an appeal to be determined by a person other than the person by whom the appeal was heard.

SCHEDULE 3

Part 1 — Regulations made by a single national authority

1

This Part of this Schedule applies in relation to an instrument containing regulations under this Part of this Act made by a single national authority.

2

(1) Where the instrument contains regulations that—

(a) are to be made by the Secretary of State, and

(b) are subject to affirmative resolution procedure,

the regulations must not be made unless a draft of the statutory instrument containing them has been laid before and approved by a resolution of each House of Parliament.

(2) Where the instrument contains regulations that—

(a) are to be made by a national authority other than the Secretary of State, and

(b) are subject to affirmative resolution procedure,

the regulations must not be made unless a draft of the statutory instrument containing them has been laid before and approved by a resolution of the relevant devolved legislature.

3

(1) An instrument containing regulations made by the Secretary of State that are subject to negative resolution procedure is subject to annulment in pursuance of a resolution of either House of Parliament.

(2) An instrument containing regulations made by the Scottish Ministers that are subject to negative resolution procedure is subject to annulment in pursuance of a resolution of the Scottish Parliament.

(3) An instrument containing regulations made by the Welsh Ministers that are subject to negative resolution procedure is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(4) An instrument containing regulations made by a Northern Ireland department that are subject to negative resolution procedure is subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)) as if it were a statutory instrument within the meaning of that Act.

4

Any provision that may be made by regulations subject to negative resolution procedure may be made by regulations subject to affirmative resolution procedure.

Part 2 — Regulations made by two or more national authorities

5

This Part of this Schedule applies in relation to an instrument containing regulations under this Part of this Act made or to be made by any two or more of—

(a) the Secretary of State,

(b) the Welsh Ministers, and

6

If any of the regulations are subject to affirmative resolution procedure, all of them are subject to that procedure.

7

Paragraphs 2 and 3 (affirmative and negative resolution procedure) apply to the instrument as they apply to an instrument containing regulations made by a single national authority.

8

(1) If in accordance with paragraph 3 (negative resolution procedure)—

(a) either House of Parliament resolves that an address be presented to Her Majesty praying that an instrument containing regulations made by the Secretary of State be annulled, or

(b) a devolved legislature resolves that an instrument containing regulations made by a national authority be annulled,

nothing further is to be done under the instrument after the date of the resolution and Her Majesty may by Order in Council revoke the instrument.

(2) This is without prejudice to the validity of anything previously done under the instrument or to the making of a new instrument.

(3) This paragraph applies in place of provision made by any other enactment about the effect of such a resolution.

Part 3 — Power to make provision by Order in Council

9

(1) Her Majesty may by Order in Council make provision for trading schemes.

(2) That power may only be exercised to make an Order in Council—

(a) that extends or applies both to Scotland and to one or more of England, Wales and Northern Ireland, or

(b) that extends to Scotland only and contains both provision within the legislative competence of the Scottish Parliament and provision outside that competence.

(3) The provision that may be made by an Order in Council under this paragraph includes any provision that may be made by a national authority by regulations under this Part of this Act.

10

No recommendation is to be made to Her Majesty in Council to make an Order in Council under paragraph 9 unless the requirements of section 48(1) and (2) as to advice and consultation have been complied with.

11

(1) This paragraph applies to an Order in Council under paragraph 9 containing any provision that, were it to be made by regulations under this Part of this Act, would be subject to affirmative resolution procedure.

(2) No recommendation is to be made to Her Majesty in Council to make an Order in Council to which this paragraph applies unless—

(a) in the case of an Order in Council containing provision that may be made by the Secretary of State by regulations under this Part of this Act, a draft of the statutory instrument containing the Order in Council has been laid before, and approved by a resolution of, each House of Parliament, and

(b) in the case of an Order in Council containing provision that may be made by a national authority other than the Secretary of State by regulations under this Part of this Act, a draft of the statutory instrument containing the Order in Council has been laid before, and approved by a resolution of, the relevant devolved legislature.

12

(1) This paragraph applies to an Order in Council under paragraph 9 other than one to which paragraph 11 applies.

(2) An Order in Council to which this paragraph applies containing provision that may be made by the Secretary of State by regulations under this Part of this Act is subject to annulment in pursuance of a resolution of either House of Parliament.

(3) An Order in Council to which this paragraph applies containing provision that may be made by the Scottish Ministers by regulations under this Part of this Act is subject to annulment in pursuance of a resolution of the Scottish Parliament.

(4) An Order in Council to which this paragraph applies containing provision that may be made by the Welsh Ministers by regulations under this Part of this Act is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(5) An Order in Council to which this paragraph applies containing provision that may be made by a Northern Ireland department by regulations under this Part of this Act is subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)) as if it were a statutory instrument within the meaning of that Act.

13

(1) If in accordance with paragraph 12—

(a) either House of Parliament resolves that an address be presented to Her Majesty praying that an Order in Council be annulled, or

(b) a devolved legislature resolves that an Order in Council be annulled,

nothing further is to be done under the Order in Council after the date of the resolution and Her Majesty may by Order in Council revoke it.

(2) This is without prejudice to the validity of anything previously done under the Order in Council or to the making of a new Order in Council.

(3) This paragraph applies in place of provision made by any other enactment about the effect of such a resolution.

SCHEDULE 4

Introductory

1

(1) The powers conferred by this Schedule are exercisable by the following authorities—

(a) the Secretary of State;

(b) the Scottish Ministers;

(d) the Welsh Ministers;

(e) the Environment Agency;

(f) the Scottish Environment Protection Agency.

(2) References in this Schedule to an “environmental authority” are to any of those authorities.

Information from electricity suppliers and distributors

2

(1) An environmental authority may, for the purposes of enabling a trading scheme to be established, by notice require an electricity supplier or electricity distributor to provide any of the following information—

(a) information about the electricity meters and metering systems for which the supplier or distributor is responsible, including (in particular) their locations and any identifying features;

(b) information about the persons to whom electricity measured by those meters or systems is supplied or who purchase such electricity;

(d) any other information that the environmental authority considers necessary for identifying the potential participants in the scheme.

(2) An “electricity supplier”—

(a) in relation to England and Wales and Scotland means an authorised supplier within the meaning of the Electricity Act 1989 (c. 29) (see section 64(1) of that Act);

(b) in relation to Northern Ireland means—

(i) an electricity supplier within the meaning of the Electricity (Northern Ireland) Order 1992 (S.I. 1992/231) (N.I. 1) (see Article 3 of that Order), or

(ii) a person who may supply electricity to premises without a licence by virtue of an exemption under Article 9 of that Order.

(3) An “electricity distributor”—

(a) in relation to England and Wales and Scotland means an authorised distributor within the meaning of the Electricity Act 1989 (see section 64(1) of that Act);

(b) in relation to Northern Ireland means an electricity distributor within the meaning of the Electricity (Northern Ireland) Order 1992 (see Article 3 of that Order).

(4) References in this Schedule to an electricity supplier or electricity distributor include an agent of such a supplier or distributor.

Information from potential participants in a trading scheme

3

(1) An environmental authority may, for the purposes of enabling a trading scheme to be established, by notice require a potential participant in the scheme to provide any of the following information—

(a) information about whether the criteria specified in the notice are met by the potential participant, either alone or together with any other person or persons;

(b) information identifying any potential co-participant;

(d) information about the meters that measure electricity supplied to or purchased by the potential participant or any potential co-participant;

(e) information about the consumption of electricity by the potential participant and any potential co-participant;

(f) information about any climate change agreement (within the meaning of Schedule 6 to the Finance Act 2000 (c. 17)) entered into by or on behalf of the potential participant or any potential co-participant.

(2) A “potential participant”, in relation to a trading scheme, means a person who the environmental authority considers—

(a) will or may be a participant in the scheme, or

(b) will or may fall to be treated together with any other person or persons (a “potential co-participant”) as such a participant.

Requirements for a valid notice

4

(1) A notice under this Schedule must comply with the following requirements.

(2) The notice must—

(a) be in writing,

(b) specify the information to be provided,

(d) specify the date by which the information is to be provided, and

(e) explain the consequences of failure to comply with the notice.

(3) An environmental authority must not give a notice requiring information from a person unless—

(a) the authority has previously sent the person a request in writing for the information, and

(b) the person has failed to provide the information within the period of 28 days beginning with the day on which the request was sent.

Failure to comply with notice etc an offence

5

(1) A person who—

(a) fails without reasonable excuse to comply with a notice under this Schedule, or

(b) provides information in response to such a notice that the person knows or suspects to be false or misleading, commits an offence.

(2) A person guilty of such an offence is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Disclosure of information

6

(1) This paragraph applies to information obtained by an environmental authority (whether or not pursuant to a notice under this Schedule) from—

(a) an electricity supplier or electricity distributor, or

(b) a potential participant,

for the purposes of enabling a trading scheme to be established.

(2) The information may be disclosed for the purposes of or in connection with the establishment, operation or enforcement of a trading scheme—

(a) by an environmental authority to another environmental authority or the administrator of the scheme, or

(b) by the administrator of the scheme to any other administrator of the scheme or an environmental authority.

(3) This does not affect any other right to disclose information within sub-paragraph (1) apart from this paragraph.

SCHEDULE 5

Part 1 — Main provisions

1

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2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 2 — Consequential amendments

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 6

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 bagscarrier bags.

Requirement to charge

2

The regulations may make provision requiring sellers of goods to charge for single use carrier bagscarrier bags supplied—

(a) at a place where goods are sold, for the purpose of enabling goods to be taken away, or

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 goods to be delivered.

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

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,

(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;

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

(e) the number of a seller's full-time equivalent employees.

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

(5) For the purposes of sub-paragraph (3)(e), the number of a seller's full-time equivalent employees is calculated as follows—

Step 1 Find the number for full-time employees of the seller.

Step 2 Add, for each employee of the seller who is not a full-time employee, such fraction as is just and reasonable. The result is the number of full-time equivalent employees.

Amount of charge

4

The regulations may specify the minimum amount that a seller must charge for each single use carrier bagcarrier bag, or provide for that amount to be determined in accordance with the regulations.

Single use carrier bags

5

(1) “Single use carrier bagCarrier 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

or any combination of those factors.

(2) In this paragraph “ price ” means the price paid by a specified person, excluding any minimum charge that may be applicable by virtue of paragraph 4.

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 bagscarrier 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 bagscarrier bags;

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

(d) payments of the gross or net proceeds of the charge made to the Department of the Environment in Northern Ireland.

(3A) Regulations made by the Welsh Ministers may also require the publication or supply of records or information relating to the amount received by a person from a seller by way of net proceeds of the charge to be applied to purposes specified under paragraph 4A(2).

(4) In this paragraph—

“gross proceeds of the charge” means the amount received by the seller by way of charges for single use carrier bagscarrier 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

(aa) inspect, retain or copy such documents, or

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

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