House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Climate Change Bill [HL]

Climate Change Bill [HL]
LORDS AMENDMENTS IN LIEU OF, OR TO, certain commons
amendments
[The page and line references are to Bill 97, as first printed for the Commons.]
Clause 11
COMMONS AMENDMENT 7
7
Page 6, line 32, at end insert—

“(i)
the emissions of greenhouse gases from international aviation or

international shipping that the Secretary of State expects to arise

during the budget period.”

LORDS DISAGREEMENT AND AMENDMENTS IN LIEU
The Lords disagree with the Commons in their Amendment 7, but do propose Amendments

7A and 7B in lieu—
7A
Page 6, line 32, at end insert—

“(i)
the estimated amount of reportable emissions from international

aviation and international shipping for the budgetary period or

periods in question.”
7B
Page 6, line 32, at end insert—

“( )
In subsection (2)(i) “the estimated amount of reportable emissions from

international aviation and international shipping”, in relation to a

budgetary period, means the aggregate of the amounts relating to

emissions of targeted greenhouse gases from international aviation and

international shipping that the Secretary or State or (as the case may be) the

Committee estimates the United Kingdom will be required to report for

that period in accordance with international carbon reporting practice.

( )
Such amounts may be estimated using such reasonable method or methods

as the Secretary of State or (as the case may be) the Committee considers

appropriate.

Bill 169 54/3

(  2  )

( )
The duty in subsection (2)(i) applies if and to the extent that regulations

under section 30 do not provide for emissions of targeted greenhouse gases

from international aviation and international shipping in the budgetary

period or periods in question to be treated as emissions from sources in the

United Kingdom for the purposes of this Part.

( )
Section 30(1) (emissions from international aviation and international

shipping not to count as emissions from UK sources for the purposes of this

Part, except as provided by regulations) does not prevent the Secretary of

State or the Committee from taking into account the matter referred to in

subsection (2)(i) for the purposes of this section.”

Clause 25
COMMONS AMENDMENT 17
17
Leave out Clause 25

LORDS AGREEMENT AND AMENDMENTS IN LIEU OF WORDS LEFT OUT OF THE BILL
The Lords agree with the Commons in their Amendment 17, but do propose Amendments

17A and 17B in lieu of the words so left out of the bill—
After Clause 11
17A
Insert the following new Clause—

“Limit on use of carbon units

(1)
It is the duty of the Secretary of State to set a limit on the net amount of

carbon units that may be credited to the net UK carbon account for each

budgetary period.

(2)
The “net amount of carbon units” means—

(a)
the amount of carbon units credited to the net UK carbon account

for the period in accordance with regulations under section 27, less

(b)
the amount of carbon units debited from the net UK carbon account

for the period in accordance with such regulations.

(3)
The limit for a budgetary period must be set—

(a)
for the period 2008-2012, not later than 1st June 2009, and

(b)
for any later period, not later than 18 months before the beginning

of the period in question.

(4)
The Secretary of State must set a limit under this section by order.

(5)
The order may provide that carbon units of a description specified in the

order do not count towards the limit.

(6)
An order under this section is subject to affirmative resolution procedure.

(7)
Before laying before Parliament a draft of a statutory instrument containing

an order under this section in relation to a budgetary period, the Secretary

of State must—

(  3  )

(a)
take into account the advice of the Committee on Climate Change

under section 34(1)(b) (advice on use of carbon units) in relation to

that period, and

(b)
consult the other national authorities.”
Clause 27
17B
Page 14, line 20, at end insert—

“( )
The net amount of carbon units credited to the net UK carbon account for

a budgetary period must not exceed the limit set under section (Limit on use

of carbon units) (limit on use of carbon units) for the period.”

After Clause 73
COMMONS AMENDMENT 43
43
Insert the following new Clause—

“Charges for single use carrier bags

(1)
Schedule (Charges for single use carrier bags) makes provision about charges

for single use carrier bags.

(2)
In that Schedule—

Part 1 confers power on the relevant national authority to make

regulations about charges for single use carrier 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,

(b)
they contain provision imposing or providing for the imposition of

new civil sanctions, or

(c)
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.”

LORDS AGREEMENT AND AMENDMENT TO THE COMMONS AMENDMENT
The Lords agree with the Commons in their Amendment 43, but do propose Amendment

43A as an amendment thereto—

(  4  )
43A
Line 21, after “sanctions,” insert—

“( )
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,”
After Clause 77
COMMONS AMENDMENT 48
48
Insert the following new Clause—

“Report on the civil estate

(1)
It is the duty of the Office of Government Commerce to lay before

Parliament each year a report setting out the progress Her Majesty’s

Government has made towards improving the efficiency and sustainability

of its civil estate.

(2)
The report must include the progress made towards—

(a)
reducing the size of the civil estate;

(b)
improving the sustainability of the buildings that already form part

of the civil estate; and

(c)
ensuring that any new buildings procured for the civil estate are in

the upper quartile of energy performance.

(3)
Where any new building procured for the civil estate is not in the upper

quartile of energy performance, the report must state the reasons why this

is the case.

(4)
A report under this section must be laid before Parliament not later than 1st

June in the year in which it is to be so laid.”

LORDS DISAGREEMENT AND AMENDMENT IN LIEU

The Lords disagree with the Commons in their Amendment 48, but do propose Amendment

48A in lieu—
48A
Insert the following new Clause—

“Report on the civil estate

(1)
It is the duty of the Treasury 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

(  5  )

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 Treasury 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.”

(  6  )