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

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(2A) Regulations made by the Welsh Ministers may also confer powers on an administrator to question a person the administrator reasonably believes has received any net proceeds of the charge or officers or employees of such a person.

(3) Regulations under sub-paragraph (2) must contain provision for ensuring that the power in question is exercised by a person only where the person reasonably believes there has been a failure to comply with a requirement of regulations under this Schedule.

Part 2 — Civil sanctions

Civil sanctions

9

(1) The relevant national authority may make provision by regulations about civil sanctions for breaches of regulations under this Schedule.

(2) For the purposes of this Schedule a person breaches regulations under this Schedule if, in such circumstances as may be specified, the person—

(a) fails to comply with a requirement made by or under the regulations, or

(b) obstructs or fails to assist an administrator.

(3) In this Schedule “civil sanction” means—

(a) a fixed monetary penalty (see paragraph 10), or

(b) a discretionary requirement (see paragraph 12).

Fixed monetary penalties

10

(1) The regulations may make provision conferring on an administrator the power by notice to impose a fixed monetary penalty on a person who breaches regulations under this Schedule.

(2) The regulations may only confer such a power in relation to a case where the administrator is satisfied on the balance of probabilities that the breach has occurred.

(3) For the purposes of this Schedule a “fixed monetary penalty” is a requirement to pay to an administrator a penalty of an amount specified in or determined in accordance with the regulations.

(4) The regulations may not provide for the imposition of a fixed monetary penalty in excess of £5,000.

Fixed monetary penalties: procedure

11

(1) Provision under paragraph 10 must secure that—

(a) where an administrator proposes to impose a fixed monetary penalty on a person, the administrator must serve on that person a notice of what is proposed (a “notice of intent”) that complies with sub-paragraph (2),

(b) the notice of intent also offers the person the opportunity to discharge the person's liability for the fixed monetary penalty by payment of a specified sum (which must be less than or equal to the amount of the penalty),

(i) the person may make written representations and objections to the administrator in relation to the proposed imposition of the fixed monetary penalty, and

(ii) the administrator must at the end of the period for making representations and objections decide whether to impose the fixed monetary penalty,

(d) where the administrator decides to impose the fixed monetary penalty, the notice imposing it (“the final notice”) complies with sub-paragraph (4), and

(e) the person on whom a fixed monetary penalty is imposed may appeal against the decision to impose it.

(2) To comply with this sub-paragraph the notice of intent must include information as to—

(a) the grounds for the proposal to impose the fixed monetary penalty,

(b) the effect of payment of the sum referred to in sub-paragraph (1)(b),

(d) the circumstances in which the administrator may not impose the fixed monetary penalty,

(e) the period within which liability to the fixed monetary penalty may be discharged, which may not exceed the period of 28 days beginning with the day on which the notice of intent was received, and

(f) the period within which representations and objections may be made, which may not exceed the period of 28 days beginning with the day on which the notice of intent was received.

(3) Provision pursuant to sub-paragraph (1)(c)(ii) must include provision for circumstances in which the administrator may not decide to impose a fixed monetary penalty.

(4) To comply with this sub-paragraph the final notice referred to in sub-paragraph (1)(d) must include information as to—

(a) the grounds for imposing the penalty,

(b) how payment may be made,

(d) any early payment discounts or late payment penalties,

(e) rights of appeal, and

(f) the consequences of non-payment.

(5) Provision pursuant to sub-paragraph (1)(e) must secure that the grounds on which a person may appeal against a decision of the administrator include the following—

(a) that the decision was based on an error of fact;

(b) that the decision was wrong in law;

Discretionary requirements

12

(1) The regulations may make provision conferring on an administrator the power by notice to impose one or more discretionary requirements on a person who breaches regulations under this Schedule.

(2) The regulations may only confer such a power in relation to a case where the administrator is satisfied on the balance of probabilities that the breach has occurred.

(3) For the purposes of this Schedule a “discretionary requirement” means—

(a) a requirement to pay a monetary penalty to an administrator of such amount as the administrator may determine, or

(b) a requirement to take such steps as an administrator may specify, within such period as the administrator may specify, to secure that the breach does not continue or recur.

(4) In this Schedule—

“variable monetary penalty” means a requirement referred to in sub-paragraph (3)(a);

“non-monetary discretionary requirement” means a requirement referred to in sub-paragraph (3)(b).

(5) The regulations must, in relation to each kind of breach of regulations under this Schedule for which a variable monetary penalty may be imposed—

(a) specify the maximum penalty that may be imposed for a breach of that kind, or

(b) provide for that maximum to be determined in accordance with the regulations.

(6) The regulations may not permit discretionary requirements to be imposed on a person on more than one occasion in relation to the same act or omission.

Discretionary requirements: procedure

13

(1) Provision under paragraph 12 must secure that—

(a) where an administrator proposes to impose a discretionary requirement on a person, the administrator must serve on that person a notice of what is proposed (a “notice of intent”) that complies with sub-paragraph (2),

(b) that person may make written representations and objections to the administrator in relation to the proposed imposition of the discretionary requirement,

(c) after the end of the period for making such representations and objections, the administrator must decide whether to—

(i) impose the discretionary requirement, with or without modifications, or

(ii) impose any other discretionary requirement that the administrator has power to impose under paragraph 12,

(d) where the administrator decides to impose a discretionary requirement, the notice imposing it (the “final notice”) complies with sub-paragraph (4), and

(e) the person on whom a discretionary requirement is imposed may appeal against the decision to impose it.

(2) To comply with this sub-paragraph the notice of intent must include information as to—

(a) the grounds for the proposal to impose the discretionary requirement,

(b) the right to make representations and objections,

(d) the period within which representations and objections may be made, which may not be less than the period of 28 days beginning with the day on which the notice of intent is received.

(3) Provision pursuant to sub-paragraph (1)(c) must include provision for circumstances in which the administrator may not decide to impose a fixed monetary penalty.

(4) To comply with this sub-paragraph the final notice referred to in sub-paragraph (1)(d) must include information as to—

(a) the grounds for imposing the discretionary requirement,

(b) where the discretionary requirement is a variable monetary penalty—

(i) how payment may be made,

(ii) the period within which payment must be made, and

(iii) any early payment discounts or late payment penalties,

(d) the consequences of non-compliance.

(5) Provision pursuant to sub-paragraph (1)(e) must secure that the grounds on which a person may appeal against a decision of the administrator include the following—

(a) that the decision was based on an error of fact;

(b) that the decision was wrong in law;

(d) in the case of a non-monetary discretionary requirement, that the nature of the requirement is unreasonable;

(e) that the decision was unreasonable for any other reason.

Discretionary requirements: enforcement

14

(1) Provision under paragraph 12 may include provision for a person to pay a monetary penalty (a “non-compliance penalty”) to an administrator if the person fails to comply with a non-monetary discretionary requirement imposed on the person.

(2) Provision under sub-paragraph (1) may—

(a) specify the amount of the non-compliance penalty or provide for that amount to be determined in accordance with the regulations, or

(b) provide for the amount to be determined by the administrator or in some other way.

(3) If the regulations make provision within sub-paragraph (2)(b), they must, in relation to each kind of failure for which a non-compliance penalty may be imposed—

(a) specify the maximum penalty that may be imposed for a failure of that kind, or

(b) provide for that maximum to be determined in accordance with the regulations.

(4) Provision under sub-paragraph (1) must secure that—

(a) the non-compliance penalty is imposed by notice served by the administrator, and

(b) the person on whom it is imposed may appeal against that notice.

(5) Provision pursuant to paragraph (b) of sub-paragraph (4) must secure that the grounds on which a person may appeal against a notice referred to in that sub-paragraph include the following—

(a) that the decision to serve the notice was based on an error of fact;

(b) that the decision was wrong in law;

(c) that the decision was unfair or unreasonable for any reason (including, in a case where the amount of the non-compliance penalty was determined by the administrator, that the amount is unreasonable).

Combination of sanctions

15

(1) Provision may not be made under paragraphs 10 and 12 conferring powers on an administrator in relation to the same kind of breach of regulations under this Schedule unless it complies with the following requirements.

(2) The provision must secure that the administrator may not serve a notice of intent referred to in paragraph 11(1)(a) on a person in relation to a breach where a discretionary requirement has been imposed on that person in relation to the same breach.

(3) Such provision must secure that the administrator may not serve a notice of intent referred to in paragraph 13(1)(a) on a person in relation to a breach where—

(a) a fixed monetary penalty has been imposed on that person in relation to the same breach, or

(b) the person has discharged liability to a fixed monetary penalty in relation to that breach pursuant to paragraph 11(1)(b).

Monetary penalties

16

(1) If the regulations confer power on an administrator to require a person to pay a fixed monetary penalty, a variable monetary penalty or a non-compliance penalty under paragraph 14(1), they may include provision—

(a) for early payment discounts;

(b) for the payment of interest or other financial penalties for late payment of the penalty, such interest or other financial penalties not in total to exceed the amount of that penalty;

(2) Provision under sub-paragraph (1)(c) may include—

(a) provision for the administrator to recover the penalty, and any interest or other financial penalty for late payment, as a civil debt;

(b) provision for the penalty, and any interest or other financial penalty for late payment to be recoverable, on the order of a court, as if payable under a court order.

Costs recovery

17

(1) Provision under paragraph 12 may include provision for an administrator, by notice, to require a person on whom a discretionary requirement is imposed to pay the costs incurred by the administrator in relation to the imposition of the discretionary requirement up to the time of its imposition.

(2) In sub-paragraph (1), the reference to costs includes in particular—

(a) investigation costs;

(b) administration costs;

(3) Provision under this paragraph must secure that, in any case where a notice requiring payment of costs is served—

(a) the notice specifies the amount required to be paid;

(b) the administrator may be required to provide a detailed breakdown of that amount;

(c) the person required to pay costs is not liable to pay any costs shown by the person to have been unnecessarily incurred;

(d) the person required to pay costs may appeal against—

(i) the decision of the administrator to impose the requirement to pay costs;

(ii) the decision of the administrator as to the amount of those costs.

(4) Provision under this paragraph may include the provision referred to in paragraph 16(1)(b) and (c) and (2).

(5) Provision under this paragraph must secure that the administrator is required to publish guidance about how the administrator will exercise the power conferred by the provision.

Appeals

18

(1) The regulations may not provide for the making of an appeal other than to—

(a) the First-tier Tribunal, or

(b) another tribunal created under an enactment.

(2) In sub-paragraph (1)(b) “tribunal” does not include an ordinary court of law.

(3) If the regulations make provision for an appeal in relation to the imposition of any requirement or service of any notice, they may include—

(a) provision suspending the requirement or notice pending determination of the appeal;

(b) provision as to the powers of the tribunal to which the appeal is made;

(4) The provision referred to in sub-paragraph (3)(b) includes provision conferring on the tribunal to which the appeal is made power—

(a) to withdraw the requirement or notice;

(b) to confirm the requirement or notice;

(c) to take such steps as the administrator could take in relation to the act or omission giving rise to the requirement or notice;

(d) to remit the decision whether to confirm the requirement or notice, or any matter relating to that decision, to the administrator;

(e) to award costs.

Publicity for imposition of civil sanctions

19

(1) The regulations may make provision enabling an administrator to give a publicity notice to a person on whom a civil sanction has been imposed in accordance with regulations under this Schedule.

(2) A “publicity notice” is a notice requiring the person to publicise—

(a) the fact that the civil sanction has been imposed, and

(b) such other information as may be specified in the regulations,

in such manner as may be specified in the notice.

(3) The regulations may provide for a publicity notice to—

(a) specify the time for compliance with the notice, and

(b) require the person to whom it is given to supply an administrator with evidence of compliance within such time as may be specified in the notice.

(4) The regulations may provide that, if a person fails to comply with a publicity notice, an administrator may—

(a) publicise the information required to be publicised by the notice, and

(b) recover the costs of doing so from that person.

Persons liable to civil sanctions

20

The regulations may make provision about the persons liable to civil sanctions under regulations under this Schedule and may (in particular) provide for—

(a) the officers of a body corporate to be so liable as well the body corporate itself, and

(b) for the partners of a partnership to be liable as well as the partnership itself,

in such circumstances as may be specified.

Guidance as to use of civil sanctions

21

(1) Where power is conferred on an administrator by the regulations to impose a civil sanction in relation to a breach of regulations under this Schedule, the provision conferring the power must secure that—

(a) the administrator must publish guidance about the administrator's use of the civil sanction,

(b) the guidance must contain the relevant information,

(d) the administrator must consult such persons as the provision may specify before publishing any guidance or revised guidance, and

(e) the administrator must have regard to the guidance or revised guidance in exercising the administrator's functions.

(2) In the case of guidance relating to a fixed monetary penalty, the relevant information referred to in sub-paragraph (1)(b) is information as to—

(a) the circumstances in which the penalty is likely to be imposed,

(b) the circumstances in which it may not be imposed,

(d) how liability for the penalty may be discharged and the effect of discharge, and

(e) rights to make representations and objections and rights of appeal.

(3) In the case of guidance relating to a discretionary requirement, the relevant information referred to in sub-paragraph (1)(b) is information as to—

(a) the circumstances in which the requirement is likely to be imposed,

(b) the circumstances in which it may not be imposed,

(c) in the case of a variable monetary penalty, the matters likely to be taken into account by the administrator in determining the amount of the penalty (including, where relevant, any discounts for voluntary reporting of non-compliance), and

(d) rights to make representations and objections and rights of appeal.

Publication of enforcement action

22

(1) Where power is conferred on an administrator by the regulations to impose a civil sanction in relation to a breach of regulations under this Schedule, the provision conferring the power must, subject to this paragraph, secure that the administrator must from time to time publish reports specifying—

(a) the cases in which the civil sanction has been imposed, and

(b) where the civil sanction is a fixed monetary penalty, the cases in which liability to the penalty has been discharged pursuant to paragraph 11(1)(b).

(2) In sub-paragraph (1)(a), the reference to cases in which the civil sanction has been imposed do not include cases where the sanction has been imposed but overturned on appeal.

(3) The provision conferring the power need not secure the result in sub-paragraph (1) in cases where the relevant authority considers that it would be inappropriate to do so.

Compliance with regulatory principles

23

A relevant national authority may not make any provision conferring power on an administrator to impose a civil sanction in relation to a breach of regulations under this Schedule unless the authority is satisfied that the administrator will act in accordance with the principles that—

(a) regulatory activities should be carried out in a way that is transparent, accountable, proportionate and consistent;

(b) regulatory activities should be targeted only at cases in which action is needed.

Review

24

(1) A relevant national authority must in accordance with this paragraph review the operation of any provision made by the authority conferring power on an administrator to impose a civil sanction in relation to a breach of regulations under this Schedule.

(2) The review must take place as soon as practicable after the end of the period of three years beginning with the day on which the provision comes into force.

(3) The review must in particular consider whether the provision has implemented its objectives efficiently and effectively.

(4) In conducting a review under this paragraph the relevant national authority must consult such persons as the authority considers appropriate.

(5) The relevant national authority must publish the results of a review under this sectionparagraph.

(6) The relevant national authority must lay a copy of a review under this paragraph before—

(a) Parliament (where the relevant national authority is the Secretary of State);

(b) the National Assembly for Wales (where the relevant national authority is the Welsh Ministers);

(c) the Northern Ireland Assembly (where the relevant national authority is the Department of the Environment in Northern Ireland).

Suspension

25

(1) Where provision has been made by a relevant national authority conferring power on an administrator to impose a civil sanction in relation to a breach of regulations under this Schedule, the authority may direct the administrator—

(a) where the power is power to impose a fixed monetary penalty, not to serve any further notice of intent referred to in paragraph 11(1)(a) in relation to a breach of that kind, and

(b) where the power is power to impose a discretionary requirement, not to serve any further notice of intent referred to in paragraph 13(1)(a) in relation to a breach of that kind.

(2) The relevant national authority may only give a direction under sub-paragraph (1) in relation to a breach of regulations under this Schedule if it is satisfied that the administrator has failed on more than one occasion—

(a) to comply with any duty imposed on it under or by virtue of this Schedule in relation to a breach of that kind,

(b) to act in accordance with the guidance it has published in relation to a breach of that kind (in particular, the guidance published under paragraph 21), or

(c) to act in accordance with the principles referred to in paragraph 23 or with other principles of best practice in relation to the enforcement of a breach of that kind.

(3) The relevant national authority may by direction revoke a direction given by it under sub-paragraph (1) if satisfied that the administrator has taken the appropriate steps to remedy the failure to which that direction related.

(4) Before giving a direction under sub-paragraph (1) or (3) the relevant national authority must consult—

(a) the administrator, and

(b) such other persons as the authority considers appropriate.

(5) Where the relevant national authority gives a direction under this section, the authority must lay a copy before—

(a) Parliament (where the relevant national authority is the Secretary of State);

(b) the National Assembly for Wales (where the relevant national authority is the Welsh Ministers);

(c) the Northern Ireland Assembly (where the relevant national authority is the Department of the Environment in Northern Ireland).

(6) Where the relevant national authority gives a direction under this sectionparagraph, the administrator must—

(a) publish the direction in such manner as the authority thinks fit, and

(b) take such other steps as the administrator thinks fit or the authority may require to bring the direction to the attention of other persons likely to be affected by it.

Payment of penalties into Consolidated Fund

26

(1) Where pursuant to any provision made under this Schedule an administrator receives—

(a) a fixed monetary penalty, a variable monetary penalty or a non-compliance penalty under paragraph 14,

(b) any interest or other financial penalty for late payment of such a penalty, or

the administrator must pay it into the relevant Fund.

(2) In sub-paragraph (1) “relevant Fund” means—

(a) in a case where the administrator has functions only in relation to Wales, the Welsh Consolidated Fund,

(b) in a case where the administrator has functions only in relation to Northern Ireland, the Northern Ireland Consolidated Fund, and

Part 3 — Procedures applying to regulations

Regulations made by a single authority

27

(1) This paragraph applies in relation to an instrument containing regulations under this Schedule made by a single national authority.

(2) 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.

(3) 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.

(4) 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.

(5) 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.

(6) An instrument containing regulations made by the Department of the Environment in Northern Ireland 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.

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

Regulations made by two or more national authorities

28

(1) This paragraph applies in relation to an instrument containing regulations under this Schedule made or to be made by any two or more of—

(a) the Secretary of State,

(b) the Welsh Ministers, and

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

(3) Sub-paragraphs (2) to (6) of paragraph 27 apply to the instrument as they apply to an instrument containing regulations made by a single national authority.

(4) If in accordance with that paragraph—

(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.

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

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

Hybrid instruments

29

If a draft of an instrument containing regulations under this Schedule would, apart from this paragraph, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not such an instrument.

SCHEDULE 7

Introductory

1

Chapter 5 of Part 2 of the Energy Act 2004 (c. 20) (renewable transport fuel obligations) is amended as follows.

The Administrator

2

For section 125 (the Administrator) substitute—

(125) (1) For the purposes of provision made by or under this Chapter, an RTF order may— (a) establish a body corporate, and (b) appoint that body as the Administrator. (2) An RTF order may— (a) make provision for the appointment of members of the body; (b) make provision in relation to the staffing of the body; (c) make provision in relation to the expenditure of the body; (d) make provision regulating the procedure of the body; (e) make any other provision that the Secretary of State considers appropriate for purposes connected with the establishment and maintenance of the body. (3) The provision that may be made by an RTF order by virtue of this section includes, in particular, provision conferring discretions on— (a) the Secretary of State; (b) the body itself; or (c) members or staff of the body. (125A) (1) An RTF order may— (a) confer or impose powers and duties on the Administrator for purposes connected with the implementation of provision made by or under this Chapter; (b) confer discretions on the Administrator in relation to the making of determinations under such an order and otherwise in relation to the Administrator's powers and duties; and (c) impose duties on transport fuel suppliers for purposes connected with the Administrator's powers and duties (including, in particular, duties framed by reference to determinations made by the Administrator). (2) It is the duty of the Administrator to promote the supply of renewable transport fuel whose production, supply or use— (a) causes or contributes to the reduction of carbon emissions, and (b) contributes to sustainable development or the protection or enhancement of the environment generally. (125B) (1) The powers that may be conferred on the Administrator by virtue of section 125A(1) include, in particular— (a) power to require a transport fuel supplier to provide the Administrator with such information as the Administrator may require for purposes connected with the carrying out of the Administrator's functions; (b) power to impose requirements as to the form in which such information must be provided and as to the period within which it must be provided; (c) power to imposes charges of specified amounts on transport fuel suppliers. (2) The Secretary of State may give written directions to the Administrator about the exercise of any power conferred on the Administrator by virtue of subsection (1)(a) or (b). (3) The power to give directions under subsection (2) includes power to vary or revoke the directions. (4) The Administrator must comply with any directions given under that subsection. (5) Sums received by the Administrator by virtue of provision within subsection (1)(c)— (a) where the Administrator is the Secretary of State, must be paid into the Consolidated Fund, and (b) otherwise, must be used for the purpose of meeting costs incurred in carrying out the Administrator's functions. (6) The Secretary of State may make grants to the Administrator on such terms as the Secretary of State may determine. (125C) (1) The Secretary of State may by order— (a) appoint a person as the Administrator (“the new Administrator”) in place of a person previously so appointed by order under this Chapter (“the old Administrator”), and (b) provide for the transfer of the functions of the old Administrator to the new Administrator. (2) Only the following persons may be appointed as the Administrator by order under this section— (a) the Secretary of State; (b) a body or other person established or appointed by or under any enactment to carry out other functions; (c) a body corporate established by the order for appointment as the Administrator. (3) An order under this section that establishes a body for appointment as the Administrator may make any provision that may be made by an RTF order by virtue of section 125. (4) An order under this section may provide for the transfer of staff of the old Administrator, and of any property, rights or liabilities to which the old Administrator is entitled or subject, to the new Administrator and may, in particular— (a) provide for the transfer of any property, rights or liabilities to have effect subject to exceptions or reservations specified in or determined under the order; (b) provide for the creation of interests in, or rights over, property transferred or retained or for the creation of new rights and liabilities; (c) provide for the order to have effect in spite of anything that would prevent or restrict the transfer of the property, rights or liabilities otherwise than by the order. (5) The order may, in particular— (a) provide for anything done by or in relation to the old Administrator to have effect as if done by or in relation to the new Administrator; (b) permit anything (which may include legal proceedings) which is in the process of being done by or in relation to the old Administrator when the transfer takes effect to be continued by or in relation to the new Administrator; (c) provide for a reference to the old Administrator in an instrument or other document to be treated as a reference to the new Administrator; (d) where the old Administrator was established by order under this Chapter, make provision for the dissolution of the old Administrator; (e) make such modifications of any enactment relating to the old Administrator or the new Administrator as the Secretary of State considers appropriate for the purpose of facilitating the transfer. (6) An order under this section that provides for the transfer of staff of the old Administrator to the new Administrator must make provision for the Transfer of Undertakings (Protection of Employment) Regulations 2006 to apply to the transfer. (7) Subject to subsection (8), an order under this section is subject to the negative resolution procedure. (8) The power to make an order under this section is subject to the affirmative resolution procedure if the order— (a) contains provision by virtue of subsection (2)(c), or (b) makes any modification of an enactment contained in— (i) an Act of Parliament, (ii) an Act of the Scottish Parliament, (iii) a Measure or Act of the National Assembly for Wales, or (iv) Northern Ireland legislation.

Determination of amounts of transport fuel

3

In section 126 (determination of amounts of transport fuel), after subsection (4) insert—

(5) If an RTF order makes provision for the counting or determination of amounts of transport fuel for the purposes of provision made by or under this Chapter by reference to any document, it may provide for references to the document to have effect as references to it as revised or re-issued from time to time. (6) The Secretary of State may give written directions to the Administrator about the exercise of any of the Administrator's functions in connection with the counting or determination of amounts of transport fuel for the purposes of provision made by or under this Chapter. (7) The power to give directions under subsection (6) includes power to vary or revoke the directions. (8) The Administrator must comply with any directions given under that subsection.

Discharge of obligation by payment

4

In section 128 (discharge of obligation by payment), for subsections (6) and (7) substitute—

(6) Where the Administrator is the Secretary of State— (a) sums received by the Administrator by virtue of this section must be paid into the Consolidated Fund, and (b) an RTF order may make provision for sums to be paid by the Administrator to transport fuel suppliers, or to transport fuel suppliers of a specified description, in accordance with the specified system of allocation. (7) Such an order must contain provision ensuring that the total of the sums so paid by the Administrator does not at any time exceed the total of the sums so received by the Administrator up to that time. (8) Where the Administrator is a person other than the Secretary of State, an RTF order may— (a) require the Administrator to use, to the specified extent, sums received by the Administrator by virtue of this section for the purpose of meeting costs incurred in carrying out the Administrator's functions, or (b) require the Administrator to pay, to the specified extent, sums so received to the Secretary of State. (9) Sums so received which are not dealt with in accordance with provision made under subsection (8) must be paid by the Administrator to transport fuel suppliers, or to transport fuel suppliers of a specified description, in accordance with the specified system of allocation. (10) The Secretary of State must pay sums received by the Secretary of State by virtue of provision made under subsection (8)(b) into the Consolidated Fund.

Civil penalties

5

In section 129 (imposition of civil penalties), for subsection (7) substitute—

(7) Sums received by the Administrator by virtue of this section— (a) where the Administrator is the Secretary of State, must be paid into the Consolidated Fund, and (b) otherwise, must be paid to the Secretary of State, who must pay them into the Consolidated Fund.

Disclosure of information

6

After section 131 insert—

(131A) (1) This section applies to information held by or on behalf of the Commissioners for Her Majesty's Revenue and Customs in connection with their functions under or by virtue of the Hydrocarbon Oil Duties Act 1979. (2) Such information may be disclosed to— (a) the Administrator, or (b) an authorised person, for the purposes of or in connection with the Administrator's functions. (3) In this Chapter “authorised person” means a person who— (a) provides services to, or exercises functions on behalf of, the Administrator, and (b) is authorised by the Administrator to receive information to which this section applies. (4) The Administrator may authorise such a person to receive information to which this section applies either generally or for a specific purpose. (131B) (1) This section applies to information disclosed under section 131A, other than information which is also provided to the Administrator or an authorised person otherwise than under that section. (2) Information to which this section applies may not be disclosed— (a) by the Administrator, (b) by an authorised person, or (c) by any other person who obtains it in the course of providing services to, or exercising functions on behalf of, the Administrator, except as permitted by the following provisions of this section. (3) Subsection (2) does not apply to a disclosure made— (a) by the Administrator to an authorised person, (b) by an authorised person to the Administrator, or (c) by an authorised person to another authorised person, for the purposes of, or in connection with, the discharge of the Administrator's functions. (4) Subsection (2) does not apply to a disclosure if it is— (a) authorised by an enactment, (b) made in pursuance of an order of a court, (c) made for the purposes of a criminal investigation or criminal proceedings (whether or not within the United Kingdom) relating to a matter in respect of which the Administrator has functions, (d) made for the purposes of civil proceedings (whether or not within the United Kingdom) relating to a matter in respect of which the Administrator has functions, (e) made with the consent of the Commissioners for Her Majesty's Revenue and Customs, or (f) made with the consent of each person to whom the information relates. (131C) (1) A person commits an offence if— (a) he discloses information about a person in contravention of section 131B(2), and (b) the person's identity is specified in the disclosure or can be deduced from it. (2) In subsection (1) “information about a person” means revenue and customs information relating to a person within the meaning of section 19(2) of the Commissioners for Revenue and Customs Act 2005 (wrongful disclosure). (3) It is a defence for a person charged with an offence under this section to prove that he reasonably believed— (a) that the disclosure was lawful, or (b) that the information had already and lawfully been made available to the public. (4) A person guilty of an offence under this section is liable— (a) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both, or (b) on summary conviction, to imprisonment for a term not exceeding twelve months or a fine not exceeding the statutory maximum or both. (5) A prosecution for an offence under this section— (a) may be brought in England and Wales only with the consent of the Director of Public Prosecutions; (b) may be brought in Northern Ireland only with the consent of the Director of Public Prosecutions for Northern Ireland. (6) In the application of this section— (a) in England and Wales, in relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003, or (b) in Northern Ireland, the reference in subsection (4)(b) to twelve months is to be read as a reference to six months.

Interpretation

7

(1) Section 132(1) (interpretation of Chapter 5 of Part 2) is amended as follows.

(2) For the definition of “Administrator” substitute—

“Administrator” means the person for the time being appointed as the Administrator by order under this Chapter;

(3) In the appropriate place insert—

“authorised person” has the meaning given by section 131A(3);

;

“enactment” includes— (a) an enactment contained in subordinate legislation, (b) an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament, (c) an enactment contained in, or in an instrument made under, Northern Ireland legislation, and (d) an enactment contained in, or in an instrument made under, a Measure or Act of the National Assembly for Wales;

(4) In section 196(1) of the Energy Act 2004 (c. 20) (general interpretation), in the definition of “enactment”, after “ “enactment”” insert “ (except in Chapter 5 of Part 2) ”.

SCHEDULE 8

Gas Act 1986 (c. 44)

1

(1) Section 33BC of the Gas Act 1986 (promotion of reductions in carbon emissions: gas transporters and gas suppliers) is amended as follows.

(2) After subsection (1) insert—

(1A) The power to make orders under this section may be exercised so as to impose more than one carbon emissions reduction obligation on a person in relation to the same period or to periods that overlap to any extent.

(3) In subsection (5) (provision that may be made by an order under section 33BC in relation to the obligations it imposes), after paragraph (b) insert—

(ba) requiring the whole or any part of a carbon emissions reductions target to be met by action relating to— (i) persons of a specified description, (ii) specified areas or areas of a specified description, or (iii) persons of a specified description in specified areas or areas of a specified description;

(4) In subsection (13) (interpretation), at the appropriate place insert—

“specified” means specified in the order.

Electricity Act 1989 (c. 29)

2

In section 6(9) of the Electricity Act 1989 (definition of “electricity distributor” and “electricity supplier”), at the appropriate place insert—

“electricity generator” means any person who is authorised by a generation licence to generate electricity except where that person is acting otherwise than for purposes connected with the carrying on of activities authorised by the licence;

3

(1) Section 41A of that Act (promotion of reductions in carbon emissions: electricity distributors and electricity suppliers) is amended as follows.

(2) In subsection (1) (power by order to impose obligations on distributors and suppliers to achieve carbon emissions reductions targets)—

(a) before paragraph (a) insert—

(za) on each electricity generator (or each electricity generator of a specified description);

, and

(b) in the closing words, before “distributor” insert “ generator, ”.

(3) After that subsection insert—

(1A) The power to make orders under this section may be exercised so as to impose more than one carbon emissions reduction obligation on a person in relation to the same period or to periods that overlap to any extent.

(4) In subsection (3) (power for order to specify criteria by reference to which the Gas and Electricity Markets Authority is to determine targets), before “electricity distributors” insert “ electricity generators, ”.

(5) In subsection (4) (duty of the Secretary of State and the Authority to carry out functions under the section in a way that does not inhibit competition), for the words from “no electricity distributor” to the end of the subsection substitute

— (a) no electricity generator is unduly disadvantaged in competing with other electricity generators, (b) no electricity distributor is unduly disadvantaged in competing with other electricity distributors, and (c) no electricity supplier is unduly disadvantaged in competing with other electricity suppliers.

(6) In subsection (5) (provision that may be made by an order in relation to the obligations it imposes)—

(a) in paragraph (a), before “electricity distributors” insert “ electricity generators, ”,

(b) after paragraph (b) insert—

(ba) requiring the whole or any part of a carbon emissions reductions target to be met by action relating to— (i) persons of a specified description, (ii) specified areas or areas of a specified description, or (iii) persons of a specified description in specified areas or areas of a specified description;

(d) in paragraph (f), before “distributors” insert “ generators, ”.

(7) In subsection (6) (power for order to authorise the Authority to require the provision of information), before “distributor” insert “ generator, ”.

(8) In subsection (7)(d) (power for order to make provision for transfer of person's target to another distributor or supplier or to a gas transporter or supplier), before “electricity distributor” insert “ electricity generator, ”.

(9) In subsection (8)(d) (power for order to make different provision in relation to different distributors or suppliers), before “distributors” insert “ generators, ”.

(10) In subsection (11) (duty to consult before making order), before “electricity distributors” insert “ electricity generators, ”.

(11) In subsection (13) (interpretation), at the appropriate place insert—

“specified” means specified in the order.

(12) In the heading, before “electricity distributors” insert “ electricity generators, ”.

4

(1) Section 42AA of that Act (publication of statistical information about performance of suppliers and distributors) is amended as follows.

(2) In subsection (1) (duty of Gas and Electricity Consumer Council to publish information about performance and consumer complaints)—

(a) in paragraph (a), before “electricity suppliers” insert “ electricity generators, ”, and

(b) in paragraph (b), before “suppliers” insert “ generators, ”.

(3) In subsection (2) (definition of “complaints”), before “electricity suppliers” insert “ electricity generators, ”.

5

In section 64(1) of that Act (interpretation etc of Part 1), in the definition of “electricity distributor” and “electricity supplier”, after “ “electricity distributor”” insert “ , “electricity generator” .

Utilities Act 2000 (c. 27)

6

(1) Section 103 of the Utilities Act 2000 (overall carbon emissions reduction targets) is amended as follows.

(2) In subsection (1)(b) (power by order to specify overall target for the promotion of measures mentioned in section 41A(2) of the 1989 Act), before “distributors” insert “ generators, ”.

(3) After subsection (1) insert—

(1A) The power conferred by this section may be exercised so as to specify more than one overall target in relation to the same period or to periods that overlap to any extent.

(4) In subsection (2)(b) (power for order to specify criteria for apportionment of overall target between electricity and gas sectors), before “electricity distributors” insert “ electricity generators, ”.

(5) In subsection (4) (duty to consult before making order), before “electricity distributors” insert “ electricity generators, ”.

Duty to prepare proposals and policies for meeting carbon budgets

Renewable transport fuel obligations

Report on contribution of reporting to climate change objectives

The Committee on Climate Change

Trading schemes

Report on impact of climate change

Waste reduction schemes

Charges for single use carrier bags

Guidance on reporting

Orders and regulations

Membership

Term of office

Remuneration and pensions etc

Staff

Sub-committees

The Adaptation Sub-Committee

Proceedings

Discharge of functions

Application of seal and proof of documents

Reports and accounts

Information

Publication of advice etc

Status

Public Records Act 1958 (c. 51)

Parliamentary Commissioner Act 1967 (c. 13)

House of Commons Disqualification Act 1975 (c. 24)

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

Race Relations Act 1976 (c. 74)

Freedom of Information Act 2000 (c. 36)

Scottish Public Services Ombudsman Act 2002 (asp 11)

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

Introductory

Trading periods

Activities

Participants

Allocation of allowances

Use of allowances

Credits

Payments

Trading

Permits

Units under other schemes

Introductory

Trading periods

Activities

Participants

Targets and obligations

Certificates

Payments

Trading

Units under other schemes

The administrator

Information

Registers

Publication of information

Acquisition of units by the administrator

Charges

Monitoring compliance

Enforcement

Penalties

Offences

Appeals

Introductory

Information from electricity suppliers and distributors

Information from potential participants in a trading scheme

Requirements for a valid notice

Failure to comply with notice etc an offence

Disclosure of information

General power

Requirement to charge

Sellers of goods

Amount of charge

Single use carrier bagsCarrier bags

Administration

Record-keeping and publication of records

Enforcement

Civil sanctions

Fixed monetary penalties

Fixed monetary penalties: procedure

Discretionary requirements

Discretionary requirements: procedure

Discretionary requirements: enforcement

Combination of sanctions

Monetary penalties

Costs recovery

Appeals

Publicity for imposition of civil sanctions

Persons liable to civil sanctions

Guidance as to use of civil sanctions

Publication of enforcement action

Compliance with regulatory principles

Review

Suspension

Payment of penalties into Consolidated Fund

Regulations made by a single authority

Regulations made by two or more national authorities

Hybrid instruments

Introductory

The Administrator

Determination of amounts of transport fuel

Discharge of obligation by payment

Civil penalties

Disclosure of information

Interpretation

Gas Act 1986 (c. 44)

Electricity Act 1989 (c. 29)

Utilities Act 2000 (c. 27)

Editorial notes

[^key-a64abdad5bb52dc1961e6938537a0715]: Sch. 4 paras. 1-5 ceased to have effect (26.1.2009) by virtue of Climate Change Act 2008 (c. 27), ss. 50(2), 100(5)

[^key-f27d737eb0ddbeee9bfd3480df358cd4]: Word in s. 5(1)(a) substituted (31.5.2009) by Climate Change Act 2008 (2020 Target, Credit Limit and Definitions) Order 2009 (S.I. 2009/1258), arts. 1, 2(2)

[^key-7a98a5bd36ee98fed292d874b20dc60a]: S. 5(4) omitted (31.5.2009) by virtue of Climate Change Act 2008 (2020 Target, Credit Limit and Definitions) Order 2009 (S.I. 2009/1258), arts. 1, 2(3)

[^key-582958351b6acc5d1ffdee1c34877a7b]: S. 88(2) repealed (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1)(b), Sch. 28 (with reg. 1(2), Sch. 4)

[^key-b3cf9aef11ec5fbea31e04f78e27c1bf]: Sch. 6 paras. 4A, 4B inserted (E.W.) (15.2.2011) by Waste (Wales) Measure 2010 (nawm 8), ss. 1(2), 21(2)

[^key-9521b13136dc9c162a5dae6332859914]: S. 77(4)(aa) inserted (E.W.) (15.2.2011) by Waste (Wales) Measure 2010 (nawm 8), ss. 2, 21(2)

[^key-c11ae411b52de872c88a922eea858177]: Words in s. 98 Table inserted (E.W.) (15.2.2011) by Waste (Wales) Measure 2010 (nawm 8), s. 21(2), Sch. para. 2(2)

[^key-d5d964eb237082940d9f3a6693369d41]: Words in s. 98 Table inserted (E.W.) (15.2.2011) by Waste (Wales) Measure 2010 (nawm 8), s. 21(2), Sch. para. 2(3)

[^key-060d8fcf512d5045cfb6509d089e5c64]: Words in s. 98 Table inserted (E.W.) (15.2.2011) by Waste (Wales) Measure 2010 (nawm 8), s. 21(2), Sch. para. 2(4)

[^key-e35f6119beda5ec78cdf903319b7e134]: Words in s. 98 Table inserted (E.W.) (15.2.2011) by Waste (Wales) Measure 2010 (nawm 8), s. 21(2), Sch. para. 2(5)

[^key-3f21959a3425b839b63c72316ca3fb3d]: Sch. 6 para. 7(3A) inserted (E.W.) (15.2.2011) by Waste (Wales) Measure 2010 (nawm 8), ss. 1(3), 21(2)

[^key-3d58def489db88f6505dbce885c6d3a0]: Sch. 6 para. 8(2A) inserted (E.W.) (15.2.2011) by Waste (Wales) Measure 2010 (nawm 8), ss. 1(4), 21(2)

[^key-99abae4bc9892991e2effb1d81466192]: Sch. 1 para. 32 repealed (E.W.S.) (4.4.2011) by 2010 c. 15, Sch. 27 Pt. 1A (as inserted by The Equality Act 2010 (Public Authorities and Consequential and Supplementary Amendments) Order 2011 (S.I. 2011/1060), arts. 1(2), 3(3)(a), Schs. 3)

[^key-4d8033f25f9e58dc15de077e02725616]: S. 86 transfer of functions (13.4.2011) by The Transfer of Functions (Report on the Civil Estate) Order 2011 (S.I. 2011/740), arts. 1(2), 2

[^key-3a9a23dba2b37b0a02c47e09c26f9af3]: Words in s. 86(1) substituted (13.4.2011) by The Transfer of Functions (Report on the Civil Estate) Order 2011 (S.I. 2011/740), arts. 1(2), 3

[^key-4dd29ac344184108467aeb44e2310820]: Words in s. 86(7) substituted (13.4.2011) by The Transfer of Functions (Report on the Civil Estate) Order 2011 (S.I. 2011/740), arts. 1(2), 3

[^key-4c858ecd1a3eb9fe88e9470f347ec91e]: Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3, 6 (with art. 3(2)(3)4(2)6(4)6(5))

[^key-690a87fcc2d14bd2a219f353fa93a4af]: Sch. 6 para. 4A inserted (N.I.) (4.5.2011) by Single Use Carrier Bags Act (Northern Ireland) 2011 (c. 26), s. 1(1)

[^key-10125622e4c8b4a2aa1a45d77170a703]: S. 77(4)(aa) inserted (N.I.) (4.5.2011) by Single Use Carrier Bags Act (Northern Ireland) 2011 (c. 26), s. 1(2)

[^key-9b09bcea6246b48c8a66b7439e6f41a5]: Ss. 72-75 repealed (15.1.2012) by Localism Act 2011 (c. 20), ss. 47(b), 240(1)(e), Sch. 25 Pts. 8

[^key-6ea9081a4493927d269ef177bfd57fc5]: Sch. 5 repealed (15.1.2012) by Localism Act 2011 (c. 20), ss. 47(a), 240(1)(e), Sch. 25 Pts. 8

[^key-67e3400e46f49409eb568b0f64dd2b6e]: S. 71(1) repealed (15.1.2012) by Localism Act 2011 (c. 20), ss. 47(a), 240(1)(e), Sch. 25 Pt. 8

[^key-a54c64dbb87b7f74f94982dade8e83d9]: S. 71(2)(3) repealed (15.1.2012) by Localism Act 2011 (c. 20), ss. 47(b), 240(1)(e), (3)Sch. 25 Pt. 8

[^key-0810a8f13c6518dca5587b036291d0b2]: S. 98 entry repealed (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(m), Sch. 25 Pt. 8

[^key-a344cee894a02b4ca4b5d5a960b211c2]: S. 23(4) power to amend conferred (18.12.2013) by Energy Act 2013 (c. 32), ss. 1(8)(a), 156(3)

[^key-d06b1f4a1d400119e4bfa6459630b941]: Words in Act substituted (N.I.) (28.4.2014) by Carrier Bags Act (Northern Ireland) 2014 (c. 7) , s. 1(a)

[^key-2c34b23b8118b1e8a2763ba07943ad2e]: Words in Sch. 6 para. 2 substituted (N.I.) (28.4.2014) by Carrier Bags Act (Northern Ireland) 2014 (c. 7), s. 1(b)

[^key-41877654fb6f629ed1514b07f75b0511]: Sch. 6 para. 2A inserted (N.I.) (28.4.2014) by Carrier Bags Act (Northern Ireland) 2014 (c. 7), s. 3(2)

[^key-8c7fb11792b1de8c7961744c37dc2bf2]: S. 77(6) inserted (N.I.) (28.4.2014) by Carrier Bags Act (Northern Ireland) 2014 (c. 7), s. 2(3)

[^key-dfec015f9e0e6c96128a0065256c88d0]: S. 77(4)(ab) inserted (N.I.) (28.4.2014) by Carrier Bags Act (Northern Ireland) 2014 (c. 7), s. 2(2)

[^key-c4e2f1286aecc91a366d77fe004c3ba5]: Sch. 6 para. 2(a)(b) substituted (N.I.) (28.4.2014) by Carrier Bags Act (Northern Ireland) 2014 (c. 7), s. 3(1)

[^key-ad6fa7d0957eb322437031b994a85778]: Sch. 6 para. 3(5) inserted (N.I.) (28.4.2014) by Carrier Bags Act (Northern Ireland) 2014 (c. 7), s. 4(3)

[^key-490f072736db1b1ed082d4ac0b181541]: Sch. 6 para. 3(3)(e) inserted (N.I.) (28.4.2014) by Carrier Bags Act (Northern Ireland) 2014 (c. 7), s. 4(2)

[^key-37bd0e4f98433d06eee3f420afa0940e]: Sch. 6 para. 4A(2A) inserted (N.I.) (28.4.2014) by Carrier Bags Act (Northern Ireland) 2014 (c. 7), s. 5

[^key-f42d4d38222c00bfb774610c89c044da]: Sch. 6 para. 7(3)(d) inserted (N.I.) (28.4.2014) by Carrier Bags Act (Northern Ireland) 2014 (c. 7), s. 7(2)

[^key-afb856fce71debdb01e1162a0a78455c]: Sch. 6 para. 8(2)(aa) inserted (N.I.) (28.4.2014) by Carrier Bags Act (Northern Ireland) 2014 (c. 7), s. 7(3)(b)

[^key-caf440957473142694acc047ec6f688a]: Word in Sch. 6 para. 8(2)(a) omitted (N.I.) (28.4.2014) by virtue of Carrier Bags Act (Northern Ireland) 2014 (c. 7), s. 7(3)(a)

[^key-57b18aafc2abda2586108062cccaf89a]: Sch. 6 para. 8(3) omitted (N.I.) (28.4.2014) by virtue of Carrier Bags Act (Northern Ireland) 2014 (c. 7), s. 7(3)(c)

[^key-3f9bc29ca09bc7bffc60b241f9b1bd97]: Word in Sch. 6 para. 24(5) substituted (N.I.) (28.4.2014) by Carrier Bags Act (Northern Ireland) 2014 (c. 7), s. 8(2)(a)

[^key-52997665d87885c92e721c44f3a736df]: Sch. 6 para. 24(6) omitted (N.I.) (28.4.2014) by virtue of Carrier Bags Act (Northern Ireland) 2014 (c. 7), s. 8(2)(b)

[^key-11a440f213c4e0f3637079e75f212c0f]: Word in Sch. 6 para. 25(6) substituted (N.I.) (28.4.2014) by Carrier Bags Act (Northern Ireland) 2014 (c. 7), s. 8(3)

[^key-36dc2a90a2e895cfe63e10949deac55f]: Sch. 6 para. 5 renumbered as Sch. 6 para. 5(1) (N.I.) (28.4.2014) by Carrier Bags Act (Northern Ireland) 2014 (c. 7) , s. 6(2)

[^key-9d417fa73b81ec136c669e3463a6e09f]: Word in Sch. 6 para. 5(1)(a) omitted (N.I.) (28.4.2014) by virtue of Carrier Bags Act (Northern Ireland) 2014 (c. 7) , s. 6(3)(a)

[^key-cc0c55fa0c7746e1efd8640f0c472701]: Sch. 6 para. 5(1)(c) and preceding word inserted (N.I.) (28.4.2014) by Carrier Bags Act (Northern Ireland) 2014 (c. 7) , s. 6(3)(b)

[^key-4f1ae3406b47e31b58944b8ad29a8eef]: Sch. 6 para. 5(2) inserted (N.I.) (28.4.2014) by Carrier Bags Act (Northern Ireland) 2014 (c. 7) , s. 6(4)

[^key-d1351e1ee09dcd8a62016d074d0565dd]: Words in s. 70(1)(c) substituted (N.I.) (1.4.2015) by Planning Act (Northern-Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 6 para. 102 (with s. 211); S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2)

[^key-17a871b7aa3e354b8efa504f690cbb9a]: S. 81(3) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), ss. 57(4)(b), 115(3)(e)

[^key-b25a5452385017fba02e2dcef4835291]: Words in s. 70(4)(b) substituted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 73 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(r)

[^key-bad4e844b7bb147758111c6844e4d469]: Words in s. 70(6)(b) substituted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 73 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(r)

[^key-d4737b57d602aed69cf130f6872b5abe]: Word in s. 1(1) substituted (27.6.2019) by The Climate Change Act 2008 (2050 Target Amendment) Order 2019 (S.I. 2019/1056), arts. 1, 2

[^key-28b377a60c75895cf79dd4a0117c72cf]: Sch. 6 para. 6A and cross-heading inserted (9.1.2022 for E.W., 28.2.2022 for N.I.) by Environment Act 2021 (c. 30), ss. 56, 147(2)(f)(6) (with s. 144); S.R. 2022/54, art. 2(1)(h)

[^key-e141a7835132bdacac3d4e712499bbfc]: Words in Sch. 2 para. 30(6)(a) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1

[^key-7d091ced3fcaa4a1e36b6624b1444838]: Words in s. 25(1) table inserted (3.2.2023) by The Climate Change (Targeted Greenhouse Gases) Order 2023 (S.I. 2023/118), arts. 1(3), 3(2)

[^key-7e1c2e6d3b178d33becd59492be36c4f]: S. 92(1)(g) inserted (3.2.2023) by The Climate Change (Targeted Greenhouse Gases) Order 2023 (S.I. 2023/118), arts. 1(2), 3(3)

[^key-7c4f8d44f603028df294e01040390057]: Words in s. 29(1)(b) substituted (26.12.2023) by Energy Act 2023 (c. 52), ss. 160, 334(3)(f)

Territorial scope of provisions relating to greenhouse gas emissions

Destination of proceeds – Wales

4A

(1) This paragraph applies to regulations made by the Welsh Ministers in relation to Wales.

(2) The regulations may provide for the application of the net proceeds of the charge to specified purposes.

(2A) The regulations may—

(a) provide for the time when and manner in which the gross or net proceeds of the charge are to be paid to the Department;

(b) provide for the payment of interest for late payment of the gross or net proceeds of the charge to the Department.

(3) Regulations under sub-paragraph (2) may (among other things)–

(a) require sellers to apply the net proceeds of the charge to any one or more specified purposes;

(b) provide for any duty imposed under paragraph (a) to be discharged (subject to any provision made under paragraph (c)) by the net proceeds of the charge being accepted by any one or more of the following persons–

(i) specified persons;

(ii) persons who fall within a specified category of person;

(c) make provision about the arrangements under which the net proceeds of the charge are to be given by sellers to the persons mentioned in paragraph (b) or any other person;

(d) require persons who accept any net proceeds of the charge under paragraph (b) to apply the proceeds to any one or more specified purposes;

(e) provide for recovery by the Welsh Ministers of sums equal to the proceeds of the charge that have been accepted or applied otherwise than in accordance with provision made under sub-paragraph (2);

(f) provide for the application of sums recovered under paragraph (e) to specified purposes (this includes making provision to the effect that such sums are not to be paid into the Welsh Consolidated Fund);

(g) require the Welsh Ministers to give guidance about compliance with the regulations.

(4) The purposes that may be specified under sub-paragraph (2) are limited to purposes relating to any of the following–

(a) preventing or reducing waste;

(b) the collection, management, treatment or disposal of waste;

(d) educational or recreational activities for children or young people which relate to any of the matters specified in paragraphs (a) to (c).

(5) But purposes concerning the production of renewable energy for consumption in transport or the use of that energy in transport may not be specified under sub-paragraph (2).

(6) The regulations may make provision for regulations under this Schedule to apply to persons other than sellers, if the Welsh Ministers consider that such provision is appropriate for the enforcement of provision made under sub-paragraph (2) or for otherwise making such provision effective.

(7) The specified factors under paragraph 3(2)(c) may also include–

(a) a seller's arrangements for applying the net proceeds of the charge, or

(b) any other factor that the Welsh Ministers consider appropriate, whether or not that factor is of the same kind as the factors listed in that paragraph.

(8) The regulations may provide for exceptions and exemptions.

4B

(1) This paragraph applies for the purposes of paragraph 4A.

(2) “ Children ” means persons who have not attained the age of 18.

(3) “ Pollution ” means pollution of the air, water or land which may give rise to any environmental harm, including (but not limited to) pollution caused by light, noise, heat or vibrations or any other kind of release of energy.

(4) For the purposes of the definition in sub-paragraph (3), “ environmental harm ” means any of the following–

(a) harm to the health of humans and other living organisms;

(b) harm to the quality of the environment, including–

(i) harm to the quality of the environment taken as a whole,

(ii) harm to the quality of the air, water or land, and

(iii) other impairment of, or interference with, the ecological systems of which any living organisms form part;

(d) damage to property;

(e) impairment of, or interference with, the amenity of the environment or any legitimate use of the environment.

(5) For the purposes of sub-paragraphs (3) and (4), “ air ” includes (but is not limited to) air within buildings and air within other natural or man-made structures above or below ground.

(6) “ Nuisance ” means an act or omission affecting any place, or a state of affairs in any place, which may impair, or interfere with, the amenity of the environment or any legitimate use of the environment.

(7) “ Net proceeds of the charge ” has the same meaning as in paragraph 7(4).

(8) “ Young people ” means persons who have attained the age of 18, but not the age of 25.

Interpretation of paragraph 4A

4A

(1) This paragraph applies to regulations made by the Department in relation to Northern Ireland.

(2) The regulations may require the seller to pay to the Department—

(a) the gross proceeds of the charge, or

(b) the net proceeds of the charge.

(3) Paragraph 7(3)(c) does not apply to any amount required by regulations made under this paragraph to be paid to the Department.

(4) In this paragraph—

“ the Department ” means the Department of the Environment in Northern Ireland;

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

“ net proceeds of the charge ” means the seller's gross proceeds of the charge reduced by such amounts as may be specified.

Destination of proceeds – Wales

Amendment of 2050 target or baseline year

Setting of carbon budgets for budgetary periods

Orders and regulations

2A

The regulations may make provision for treating carrier bags as having been supplied for the purpose of enabling goods to be taken away if the carrier bags have been designed for that purpose.

Destination of proceeds – Wales

Interpretation of paragraph 4A

Registration

6A

(1) This paragraph applies to regulations made by—

(a) the Secretary of State, or

(b) the Department of Agriculture, Environment and Rural Affairs in Northern Ireland.

(2) The regulations may require sellers to register with an administrator.

(3) The regulations may make provision—

(a) about applications for registration,

(b) about the period for which registration has effect,

(4) The regulations may require sellers to pay to the administrator, in connection with their registration, fees of an amount determined by, or by the administrator in accordance with, the regulations.

(5) The regulations may provide for the amount of the fees to be such as to recover the costs incurred by the administrator in performing its functions under the regulations.

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