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Other Bills before Parliament

Waste and Emissions Trading Bill [HL]


Waste and Emissions Trading Bill [HL]
Part 1 — Waste
Chapter 1 — Waste sent to landfills

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 25    Penalties under Chapter 1: general

     (1)    Where a waste disposal authority in an allocating authority’s area is liable to a

penalty under this Chapter—

           (a)           the amount of the penalty is that specified by, or calculated under,

regulations made by the allocating authority under subsection (3);

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           (b)           the penalty, and any interest on it, is to be paid to the allocating

authority; and

           (c)           the allocating authority may—

                  (i)                 extend the time for paying the whole or part of the penalty or

any interest on it;

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                  (ii)                relieve the waste disposal authority, in whole or in part, from

liability to the penalty or any interest on it.

     (2)    Relief under subsection (1)(c) may be given—

           (a)           in respect of an amount after (as well as before) it becomes due;

           (b)           in a particular case or in cases of a particular description;

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           (c)           unconditionally or subject to conditions.

     (3)    An allocating authority may, as regards penalties under this Chapter to which

waste disposal authorities in its area are liable, by regulations—

           (a)           make provision specifying the amounts of penalties or rules for

calculating their amounts;

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           (b)           make provision as to when payments in respect of penalties are due;

           (c)           make provision for interest where payments in respect of penalties are

due but unmade;

           (d)           make provision for recovering or setting off, and securing, unpaid

amounts in respect of penalties or interest.

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     (4)    Provision under subsection (3) relating to supplementary penalties under

section 8(3) in respect of waste sent to landfills in a target year may be made

after the end of that year.

 26    Regulations under Chapter 1: procedural provisions

     (1)    A statutory instrument containing regulations under this Chapter made by the

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Secretary of State shall be subject to annulment in pursuance of a resolution of

either House of Parliament.

     (2)    Subsection (1) does not apply to regulations under section 1 or 2.

     (3)    A statutory instrument containing regulations under this Chapter made by the

Scottish Ministers shall be subject to annulment in pursuance of a resolution of

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the Scottish Parliament.

     (4)    Regulations under this Chapter made by the Department of the Environment

shall be subject to negative resolution within the meaning of section 41(6) of the

Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)).

 

 

Waste and Emissions Trading Bill [HL]
Part 1 — Waste
Chapter 2 — Waste management in Wales

    17

 

Chapter 2

Waste management in Wales

 27    Municipal waste management strategies

     (1)    The National Assembly for Wales may by regulations make provision for

requiring a local authority to have for its area a strategy for the management of

5

waste.

     (2)    Regulations under subsection (1) may (in particular)—

           (a)           specify matters to be addressed by a strategy;

           (b)           specify wastes to which a strategy is to relate;

           (c)           make provision about policies to be included in a strategy;

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           (d)           make provision in connection with review or revision of a strategy;

           (e)           make provision for consultation, or about other procedural matters, in

connection with the formulation of policy for the purposes of a

strategy;

           (f)           make provision for requiring the preparation of statements setting out

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policies formulated for the purposes of a strategy;

           (g)           make provision about the contents of such statements, including

provision for requiring a local authority to set out in such a statement

the content of its waste recycling plan;

           (h)           make provision about the form of such statements;

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           (i)           make provision for publicising such statements once prepared, for

publishing them, for sending copies of them to persons specified in the

regulations and for public inspection of them;

           (j)           make provision for the supply of copies of such statements, including

provision for the payment of reasonable charges;

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           (k)           make provision for requiring a local authority, when formulating

policy for the purposes of a strategy or preparing such a statement, to

have regard to guidance (including future guidance);

           (l)           make provision modifying or disapplying provisions of section 49 of

the Environmental Protection Act 1990 (c. 43) (duty to make waste

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recycling plan) so far as having effect in relation to a local authority that

includes the content of its recycling plan in such a statement;

           (m)           make provision about when duties imposed by the regulations are to be

performed, including provision for duties to be performed by times

specified in directions given by the Assembly.

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     (3)    In this section—

           (a)           “local authority” means a county council, or county borough council, in

Wales, and

           (b)           references to the content of a local authority’s waste recycling plan are

to the content of the statement prepared by it under section 49(1)(c) of

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the Environmental Protection Act 1990, read with any modifications

under section 49(1)(e) of that Act.

 28    Provision of information about waste by local authorities

     (1)    The National Assembly for Wales may by regulations make provision

requiring a local authority to provide the Assembly with information—

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           (a)           of a description specified by the regulations, and

 

 

Waste and Emissions Trading Bill [HL]
Part 1 — Waste
Chapter 3 — General

    18

 

           (b)           relating to, or to a description of, waste that is or has been in, or may or

will come into, the authority’s area.

     (2)    Regulations under subsection (1) may—

           (a)           make provision in connection with the collection, verification or

certification of information whose provision is required by such

5

regulations;

           (b)           make provision about the form in which, and the means by which,

information is to be provided;

           (c)           make provision about when duties imposed by the regulations are to be

performed, including provision for duties to be performed by times

10

specified in directions given by the Assembly.

     (3)    In this section “local authority” means a county council, or county borough

council, in Wales.

Chapter 3

General

15

 29    Regulations under Part 1

     (1)    Any power to make regulations under this Part includes—

           (a)           power to make different provision for different cases, and

           (b)           power to make incidental, supplementary, consequential or

transitional provision or savings.

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     (2)    Any power to make regulations under this Part is exercisable by statutory

instrument, subject to subsection (3).

     (3)    Any power of the Department of the Environment to make regulations under

this Part is exercisable by statutory rule for the purposes of the Statutory Rules

(Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

25

 30    Meaning of “waste” in Part 1

     (1)    In this Part “waste” means anything that—

           (a)           is waste for the purposes of the Waste Directive, and

           (b)           is not excluded from the scope of that Directive by Article 2 of that

Directive.

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     (2)    For the purposes of this section “the Waste Directive” means Council Directive

75/442/EEC as amended by—

           (a)           Council Directives 91/156/EEC and 91/692/EEC, and

           (b)           Commission Decision 96/350/EC.

 

 

Waste and Emissions Trading Bill [HL]
Part 3 — General

    19

 

Part 2

Trading of emissions quotas

 31    Pollution regulations: emissions trading schemes

In Schedule 1 to the Pollution Prevention and Control Act 1999 (c. 24)

(purposes for which provision may be made by regulations under section 2),

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after paragraph 21 there is inserted—

“Emissions quota trading schemes: penalties

        21A               (1)                The regulations may authorise the inclusion in a trading scheme of—

                    (a)                   provision for penalties in respect of contraventions of

provisions of the scheme;

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                    (b)                   provision for the amount of any penalty under the scheme to

be such as may be set out in, or calculated in accordance

with—

                           (i)                          the scheme, or

                           (ii)                         the regulations (including regulations made after the

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scheme).

                       (2)                In this paragraph “trading scheme” means a scheme of the kind

mentioned in paragraph 1(3).”

 32    Penalty provisions of the UK Greenhouse Gas Emissions Trading Scheme

2002

20

     (1)    If incorporated in a participation agreement, the penalty provisions of the

Scheme shall have statutory effect between the parties to the agreement.

     (2)    Subsection (1) applies in relation to agreements entered into before, as well as

in relation to agreements entered into after, this section comes into force.

     (3)    In that subsection—

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                    “participation agreement” means an agreement that has the effect that a

person is a participant in the Scheme;

                    “penalty provisions” means provisions for penalties for non-compliance

with the Scheme;

                    “the Scheme” means the UK Greenhouse Gas Emissions Trading Scheme

30

2002 (which was made on behalf of the Secretary of State on 8th March

2002) as amended from time to time (whether before or after this section

comes into force).

Part 3

General

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 33    Commencement

     (1)    Sections 1 to 3, 16 and 32 come into force on such day as the Secretary of State

may by order appoint.

     (2)    Sections 4, 5, 8 and 9 come into force—

 

 

Waste and Emissions Trading Bill [HL]
Part 3 — General

    20

 

           (a)           in relation to England, on such day as the Secretary of State may by

order appoint;

           (b)           in relation to Scotland, on such day as the Scottish Ministers may by

order appoint;

           (c)           in relation to Wales, on such day as the National Assembly for Wales

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may by order appoint;

           (d)           in relation to Northern Ireland, on such day as the Department of the

Environment may by order appoint.

     (3)    Section 17 comes into force on such day as the Scottish Ministers may by order

appoint.

10

     (4)    Section 18 comes into force on such day as the National Assembly for Wales

may by order appoint.

     (5)    Section 19 comes into force on such day as the Department of the Environment

may by order appoint.

     (6)    Any power under this section to appoint a day includes power to appoint

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different days for different purposes.

     (7)    A person who has power under this section to appoint a day for the coming

into force of a provision may by order make in connection with the coming into

force of that provision such transitional provision as the person considers

necessary or expedient.

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     (8)    Any power to make an order under this section is exercisable by statutory

instrument, subject to subsection (9).

     (9)    Any power of the Department of the Environment to make an order under this

section is exercisable by statutory rule for the purposes of the Statutory Rules

(Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

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 34    Extent

     (1)    Subject to the following provisions, this Act extends to England and Wales,

Scotland and Northern Ireland.

     (2)    Sections 16, 18, 27 and 28 extend only to England and Wales.

     (3)    Section 17 extends only to Scotland.

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     (4)    Section 19 extends only to Northern Ireland.

     (5)    Section 31 extends only to England and Wales, and Scotland.

 35    Short title

This Act may be cited as the Waste and Emissions Trading Act 2003.

 

 

 

Waste and Emissions Trading Bill [HL]

 
 

A

Bill

To Make provision about waste and about penalties for non-compliance with

schemes for the trading of emissions quotas.

 


 
 


 
 


 
 


 
 


 
 

The Lord Whitty

 
 

Ordered to be Printed, 14th November 2002

 
 

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