Climate Change Act 2008

• (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

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;

• (c) protecting or improving the environment in relation to pollution or nuisances;

• (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;

• (c) offence to the senses of human beings;

• (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,

• (c) about the cancellation of registration.

• (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.