Climate Change Act 2008

• (7) This does not require the Secretary of State to publish—

• (a) information the Secretary of State 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.

• (8) The authority must have regard to the report in exercising its functions other than its devolved functions.

Consent of, or consultation with, devolved authorities

64

• (1) The Secretary of State must obtain the consent of a devolved authority before issuing guidance under section 61 or giving a direction under section 62 relating to functions in relation to which—

• (a) functions are exercisable jointly by that devolved authority and a Minister of the Crown, or

• (b) functions are exercisable by a Minister of the Crown only with the agreement of that devolved authority.

• (2) The Secretary of State must consult a devolved authority before issuing guidance under section 61 or giving a direction under section 62 relating to functions in relation to which—

• (a) functions are exercisable by that devolved authority other than jointly with a Minister of the Crown, or

• (b) functions are exercisable by a Minister of the Crown only after consultation with that devolved authority.

Report on exercise of power to give directions

65

• (1) It is the duty of the Secretary of State to lay reports before Parliament setting out how the Secretary of State intends to exercise the power under section 62 to give directions to reporting authorities.

• (2) The reports must, in particular, identify—

• (a) the circumstances in which directions are likely to be given, and

• (b) the authorities or kinds of authority to whom the Secretary of State considers directions should be given as a matter of priority.

• (3) Nothing in a report under this section affects the exercise of the Secretary of State's power under section 62.

• (4) Before laying a report under this section before Parliament the Secretary of State must consult such persons likely to be affected by the report as the Secretary of State considers appropriate.

• (5) The first report under this section must be laid before Parliament no later than 12 months after this Act is passed.

• (6) Subsequent reports must be laid before Parliament no later than the time when the next programme under section 58 is so laid.

• (7) The Secretary of State must send a copy of each report under this section to the other national authorities.

Reporting authorities: devolved Welsh functions

Guidance by Welsh Ministers to reporting authorities

66

The Welsh Ministers may issue guidance to reporting authorities about—

• (a) assessing the current and predicted impact of climate change in relation to the authorities' devolved Welsh functions,

• (b) preparing proposals and policies for adapting to climate change in the exercise of those functions, and

• (c) co-operating with other reporting authorities for that purpose.

Directions by Welsh Ministers to prepare reports

67

• (1) The Welsh Ministers may direct a reporting authority to prepare a report containing any of the following—

• (a) an assessment of the current and predicted impact of climate change in relation to the authority's devolved Welsh functions;

• (b) a statement of the authority's proposals and policies for adapting to climate change in the exercise of those functions and the time-scales for introducing those proposals and policies;

• (c) an assessment of the progress made by the authority towards implementing the proposals and policies set out in its previous reports.

• (2) The Welsh Ministers may direct two or more reporting authorities to prepare a joint report.

• (3) The Welsh Ministers may give directions about—

• (a) the time within which a report must be prepared, and

• (b) its content,

and may, in particular, require it to cover a particular geographical area.

Compliance with Welsh Ministers' directions

68

• (1) A reporting authority must comply with any directions under section 67.

• (2) Where two or more reporting authorities are directed to prepare a joint report, they must take reasonable steps to co-operate with each other for that purpose.

• (3) In preparing a report, a reporting authority must have regard to the following, so far as relevant—

• (a) the most recent report under section 56 (report on impact of climate change);

• (b) the most recent programme under section 58 (programme for adaptation to climate change);

• (c) any guidance issued by the Secretary of State under section 61;

• (d) any guidance issued by the Welsh Ministers under section 66;

• (e) the most recent report under section 80 (report on climate change: Wales).

• (4) The authority must send a copy of the report to the Welsh Ministers.

• (5) The Welsh Ministers must publish the report in such manner as they consider appropriate.

• (6) This does not require the Welsh Ministers to publish—

• (a) information they 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.

• (7) The authority must have regard to the report in exercising its devolved Welsh functions.

Consent of, or consultation with, Secretary of State

69

• (1) The Welsh Ministers must obtain the consent of the Secretary of State before issuing guidance under section 66 or giving a direction under section 67 relating to functions in relation to which—

• (a) functions are exercisable by a Minister of the Crown jointly with the Welsh Ministers, the First Minister or the Counsel General, or

• (b) functions are exercisable by the Welsh Ministers, the First Minister or the Counsel General only with the agreement of a Minister of the Crown.

• (2) The Welsh Ministers must consult the Secretary of State before issuing guidance under section 66 or giving a direction under section 67 relating to functions in relation to which—

• (a) functions are exercisable by a Minister of the Crown other than jointly with the Welsh Ministers, the First Minister or the Counsel General, or

• (b) functions are exercisable by the Welsh Ministers, the First Minister or the Counsel General only after consultation with a Minister of the Crown.

Interpretation

Interpretation

70

• (1) In sections 61 to 69 and this section “reporting authority” means—

• (a) a person or body with functions of a public nature,

• (b) a person who is or is deemed to be a statutory undertaker for the purposes of any provision of—

• (i) Part 11 of the Town and Country Planning Act 1990 (c. 8) (see section 262 of that Act), or

• (ii) Part 10 of the Town and Country Planning (Scotland) Act 1997 (c. 8) (see section 214 of that Act), or

• (c) a person who is a statutory undertaker within the meaning of the Planning Act (Northern Ireland) 2011 (see section 250 of that Act).

• (2) None of the following are reporting authorities for the purposes of those sections and this section—

• (a) a Minister of the Crown;

• (b) either House of Parliament;

• (c) a devolved authority;

• (d) a devolved legislature.

• (3) In those sections and this section “devolved authority” means—

• (a) the Welsh Ministers, the First Minister or the Counsel General,

• (b) the Scottish Ministers, the First Minister, the Lord Advocate or the Solicitor General for Scotland, or

• (c) a Minister within the meaning of the Northern Ireland Act 1998 (c. 47) or a Northern Ireland department.

• (4) References in those sections to a reporting authority's “devolved functions” are to functions—

• (a) conferred or imposed by or under a Measure or Act of the National Assembly for Wales,

• (b) exercisable in or as regards Wales and capable of being conferred by provision falling within the legislative competence of the National Assembly for Wales,

• (c) exercisable in or as regards Scotland and relating to matters within the legislative competence of the Scottish Parliament,

• (d) exercisable in or as regards Northern Ireland and relating to transferred matters within the meaning of the Northern Ireland Act 1998, or

• (e) in relation to which functions are exercisable by a devolved authority,

and in relation to which no functions are exercisable by a Minister of the Crown.

• (5) For this purpose functions are not to be regarded as exercisable by a Minister of the Crown in relation to a reporting authority's functions merely because—

• (a) the Minister of the Crown may exercise functions—

• (i) under section 2(2) of the European Communities Act 1972 (c. 68),

• (ii) by virtue of section 57(1) or under section 58 of the Scotland Act 1998 (c. 46) (Community and international obligations),

• (iii) under section 27 or 28 of the Northern Ireland Act 1998 (international etc obligations),

• (iv) by virtue of paragraph 5 of Schedule 3 to the Government of Wales Act 2006 (c. 32) or under section 82 of that Act (Community and international obligations), or

• (v) under section 152 of that Act (intervention in case of functions relating to water etc),

in relation to the reporting authority's functions,

• (b) the Minister of the Crown's agreement is required to the exercise of a function by a devolved authority in relation to the reporting authority's functions, or

• (c) the Minister of the Crown must be consulted by a devolved authority about the exercise of a function in relation to the reporting authority's functions.

• (6) References in those sections to a reporting authority's “devolved Welsh functions” are to functions—

• (a) conferred or imposed by or under a Measure or Act of the National Assembly for Wales,

• (b) exercisable in or as regards Wales and capable of being conferred by provision falling within the legislative competence of the National Assembly for Wales, or

• (c) in relation to which functions are exercisable by the Welsh Ministers, the First Minister or the Counsel General.

• (7) For this purpose functions are not to be regarded as exercisable by the Welsh Ministers, the First Minister or the Counsel General in relation to a reporting authority's functions merely because—

• (a) the agreement of the Welsh Ministers, the First Minister or the Counsel General is required to the exercise of a function by a Minister of the Crown in relation to the reporting authority's functions, or

• (b) the Welsh Ministers, the First Minister or the Counsel General must be consulted by a Minister of the Crown about the exercise of a function in relation to the reporting authority's functions.

• (8) In those sections and this section—

• (a) “Counsel General” and “Wales” have the same meanings as in the Government of Wales Act 2006 (c. 32);

• (b) “Minister of the Crown” includes a government department.

Part 5 — Other provisions

Waste reduction schemes

Waste reduction schemes

71

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

Waste reduction provisions: piloting

72

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

Waste reduction provisions: report and review

73

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

Waste reduction provisions: interim report

74

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

Waste reduction provisions: roll-out or repeal

75

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

Collection of household waste

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;

• (c) the Department of the Environment in Northern Ireland in relation to Northern Ireland.

• (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

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

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

• (c) the future priorities for the Welsh Ministers and others for dealing with such emissions and that impact.

• (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

• (c) an amount of greenhouse gas emissions allowed under a scheme or arrangement imposing a limit on such emissions.

• (2) This section applies to—

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

• (b) the Scottish Ministers;

• (c) the Welsh 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

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

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

• (c) make transitional provision and savings.

• (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),

• (c) nitrous oxide (N₂O),

• (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;

• (c) the Welsh 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);

• (c) section 81 (climate change measures reports in Wales);

• (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;

• (c) climate science, and other branches of environmental science;

• (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

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

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,

• (c) by the Welsh Ministers before the National Assembly for Wales, and

• (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,

• (c) by the Welsh Ministers before the National Assembly for Wales, and

• (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),

• (c) section 34 (advice in connection with carbon budgets),

• (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,

• (c) anything produced by the activities, or

• (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

• (c) the circumstances in which credits of any description may be used for the purposes of the trading scheme.

• (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,

• (c) anything produced by the activities, or

• (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,

• (c) the Welsh 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

• (c) participants or potential participants in the scheme,

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

• (c) a national authority.

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;

• (c) any allocation of allowances among the participants;

• (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,

• (c) the audit and verification of that information, and

• (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

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• (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,

• (c) enter premises with a warrant, or

• (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

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

Penalties

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