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Earl Ferrers: My Lords, I should be delighted to answer that question to my noble friend's satisfaction but I am afraid that I am unable to do so. What I can tell him—I know this from the days when I had the advantage of being at the Home Office—is that these are matters of great importance and great sensitivity. In many respects the police are anxious not to give up their powers. Many people do not want the police to give up their powers, because they find—I referred to this earlier on—that many women's groups are worried at the

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possibility of other people stopping cars. My noble friend said that he spoke to the amendment at some length. I thought that I spoke at some length, too. I rather hoped that I had been able to answer some of the questions he put. The fact is that if one is going to give these powers to others one has to say what will happen when people do not comply with the power to stop vehicles that the traffic warden has had given to him. What will happen when someone does not allow his vehicle to be inspected and tested? Those are the kinds of difficulties that may be involved. If my noble friend asks, as he does on the spur of the moment, whether considerations about this are going on at present, I am bound to tell him that I cannot provide the answer. But I have no doubt that, in the immortal words of the government service, these matters are always under active consideration.

Lord Jenkin of Roding: My Lords, I have used that phrase so many times myself that I know precisely what it means. I hope that this can be given active consideration. If one asked the question, "If women's organisations really want to see atmospheric pollution and traffic pollution reduced, would they be prepared to see traffic wardens having the power to stop?", I think that the Government might get a realistic answer. Having said that, I beg leave to withdraw the amendment.

Amendment No. 141A, as an amendment to Commons Amendment No. 141, by leave, withdrawn.

On Question, Motion agreed to.

142After Clause 75, insert the following clause:—

Guidance for the purposes of Part (Air Quality)

'.—(1) The Secretary of State may issue guidance to local authorities with respect to, or in connection with, the exercise of any of the powers conferred, or the discharge of any of the duties imposed, on those authorities by or under this Part.
(2) A local authority, in carrying out any of its functions under or by virtue of this Part, shall have regard to any guidance issued by the Secretary of State under this Part.
(3) This section shall apply in relation to county councils for areas for which there are district councils as it applies in relation to local authorities.'.
143After Clause 75, insert the following clause:—
Application of Part (Air Quality) to the Isles of Scilly

'.—(1) Subject to the provisions of any order under this section, this Part, other than section (National air quality strategy), shall not apply in relation to the Isles of Scilly.
(2) The Secretary of State may, after consultation with the Council of the Isles of Scilly, by order provide for the application of any provisions of this Part (other than section (National air quality strategy)) to the Isles of Scilly; and any such order may provide for the application of those provisions to those Isles with such modifications as may be specified in the order.
(3) An order under this section may—
(a) make different provision for different cases, including different provision in relation to different persons, circumstances or localities; and
(b) contain such supplemental, consequential and transitional provision as the Secretary of State considers appropriate, including provision saving provision repealed by or under any enactment.

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(4) The power of the Secretary of State to make an order under this section shall be exercisable by statutory instrument; and a statutory instrument containing such an order shall be subject to annulment in pursuance of a resolution of either House of Parliament.'.
144After Clause 75, insert the following clause:—
Supplemental provisions

'. Schedule (Air quality: supplemental provisions) to this Act shall have effect.'.
145After Clause 75, insert the following clause:—
Interpretation of Part (Air Quality)

'.—(1) In this Part—
"action plan" shall be construed in accordance with section (Duties of local authorities in relation to designated areas)(2) (b) above;
"air quality objectives" means objectives prescribed by virtue of section (Regulations for the purposes of Part (Air Quality))(2) (b) above;
"air quality review" means a review under section (Local authority reviews) or (Reserve powers of the Secretary of State or SEPA) above;
"air quality standards" means standards prescribed by virtue of section (Regulations for the purposes of Part (Air Quality))(2) (a) above;
"the appropriate new Agency" means—
(a) in relation to England and Wales, the Agency;
(b) in relation to Scotland, SEPA;
"designated area" has the meaning given by section (Designation of air quality management areas)(1) above;
"local authority", in relation to England and Wales, means—
(a) any unitary authority,
(b) any district council, so far as it is not a unitary authority,
(c) the Common Council of the City of London and, as respects the Temples, the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple respectively,
and, in relation to Scotland, means a council for an area constituted under section 2 of the Local Government etc. (Scotland) Act 1994;
"new Agency" means the Agency or SEPA;
"prescribed" means prescribed, or of a description prescribed, by or under regulations;
"regulations" means regulations made by the Secretary of State;
"the relevant period", in the case of any provision of this Part, means such period as may be prescribed for the purposes of that provision;
"the strategy" has the meaning given by section (National air quality strategy)(1) above;
"unitary authority" means—
(a) the council of a county, so far as it is the council of an area for which there are no district councils;
(b) the council of any district comprised in an area for which there is no county council;
(c) the council of a London borough;
(d) the council of a county borough in Wales.
(2) Any reference in this Part to it appearing that any air quality standards or objectives are not likely within the relevant period to be achieved includes a reference to it appearing that those standards or objectives are likely within that period not to be achieved.'.

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Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 142 to 145 en bloc.

Moved, That the House do agree with the Commons in their Amendments Nos. 142 to 145.—(Earl Ferrers.)

On Question, Motion agreed to.

146Clause 77, page 90, line 49, at end insert:
'"recovery", in relation to products or materials, includes—
(a) composting, or any other form of transformation by biological processes, of products or materials; or
(b) the obtaining, by any means, of energy from products or materials;'.
147Clause 78, page 91, line 37, at end insert:
'(dd) the registration of persons who are subject to a producer responsibility obligation and who are not members of registered exemption schemes, the imposition of requirements in connection with such registration, the variation of such requirements, the making of applications for such registration, the period for which any such registration is to remain in force and the cancellation of any such registration;'.
148Page 91, line 48, after 'any' insert 'such'.
149Page 92, line 4, leave out 'for registration received by it;' and insert 'received by it for registration of exemption schemes;'.
150Page 92, line 22, at end insert:
'(v) on the making of an application for, or for the renewal of, registration of a person required to register under the regulations;
(vi) in respect of the renewal of the registration of that person;'.
151Page 92, line 27, leave out 'in which—(i)' and insert:
'(i) in which'.
152Page 92, line 37, at end insert:
'(ss) the imposition on prescribed persons of duties to maintain records, and furnish to the Secretary of State or to the appropriate Agency returns, in such form as may be prescribed of such information as may be prescribed for any purposes of, or for any purposes connected with, or related to, sections 77 to 79 of this Act or any regulations;'.
153Page 92, line 41, at end insert 'or persons required to register under the regulations;'.

The Earl of Lindsay: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 146 to 153 en bloc.

During our Committee stage my noble friend Lord Wade moved an amendment to clarify that the term "recovery" included energy recovery. My noble friend Lord Ullswater said then that we would consider whether such an amendment would be useful. Although we have always used the term "recovery" to include any form of value recovery, including energy recovery, we accepted the point and an amendment was moved in another place. This amendment clarifies that the term "recovery" includes energy recovery and composting.

During Committee stage in another place an amendment was proposed to enable the regulations which will be made under this legislation to make provision for the registration of persons who are not

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members of a registered exemption scheme. There is already provision in the clauses for the registration of exemption schemes, and the suggestion was that this should be extended to those who choose to take the individual compliance route. Although it has always been the Government's intention to ensure the lightest touch possible in the producer responsibility legislation, we saw the likelihood of there being considerable benefit in some cases in individual registration. Amendments Nos. 147 to 150 and Amendment No. 153 are a series of amendments to enable individual registration which were moved in another place at Report stage.

Amendment No. 151 merely corrects a grammatical error.

I turn now to Amendment No. 152. In considering the producer responsibility clauses further, it became apparent that in order to construct an adequate database for a particular waste stream, including the level of re-use, recovery and recycling, we would need to collect data both from individual firms and from exemption schemes. Most obviously, data will be needed to monitor progress in meeting targets and, more immediately, in the case of packaging waste, to demonstrate to the European Commission evidence of compliance with the targets set by the EC Directive on Packaging and Packaging Waste. An amendment to allow data to be collected from individual firms and from exemption schemes was therefore promoted in another place. We shall, of course, take the necessary steps to ensure that commercial confidentiality is maintained and in setting up systems we shall also endeavour to observe the principles of deregulation and minimising burdens on business. I commend the amendments to the House.

Moved, That the House do agree with the Commons in their Amendments Nos. 146 to 153.—(The Earl of Lindsay.)

On Question, Motion agreed to.

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