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Amendments to the Waste and Emissions Trading Bill [HL]

Waste and Emissions Trading Bill [HL]


AMENDMENTS
TO BE MOVED
ON REPORT


 

Clause 1

 

THE LORD WHITTY

Page 2, line 7, leave out subsection (5)
 

Clause 2

 

THE LORD WHITTY

Page 2, line 24, leave out subsection (5)
 

Clause 6

 

THE LORD WHITTY

Page 5, line 16, leave out subsection (4)
 

Clause 7

 

THE LORD WHITTY

Page 6, line 29, leave out subsection (4)
 

After Clause 7

 

THE LORD WHITTY

Insert the following new Clause—
  "Offences under regulations under sections 6 and 7
(1)  This section applies where—
(a)  regulations under section 6(1) are making provision of the kind mentioned in section 6(3)(j), or
(b)  regulations under section 7(1) are making provision of the kind mentioned in section 7(3)(l).
(2)  The regulations may provide for an offence to be triable—
(a)  only summarily, or
(b)  either summarily or on indictment.
(3)  Where the regulations provide for an offence to be triable only summarily, they may provide for the offence to be punishable—
(a)  by imprisonment for a term not exceeding such period as is stated in the regulations (which may not exceed three months), or
(b)  by a fine—
(i)  not exceeding such amount as is so stated (which may not exceed level 5 on the standard scale), or
(ii)  not exceeding such level on the standard scale as is so stated, or
(c)  by both.
(4)  Subsections (5) and (6) apply where the regulations provide for an offence to be triable either summarily or on indictment.
(5)  They may provide for the offence to be punishable on summary conviction—
(a)  by imprisonment for a term not exceeding such period as is stated in the regulations (which may not exceed three months), or
(b)  by a fine—
(i)  not exceeding such amount as is so stated (which may not exceed the statutory maximum), or
(ii)  expressed as a fine not exceeding the statutory maximum, or
(c)  by both.
(6)  They may provide for the offence to be punishable on conviction on indictment—
(a)  by imprisonment for a term not exceeding such period as is stated in the regulations (which may not exceed two years), or
(b)  by a fine, or
(c)  by both."
 

Clause 8

 

THE LORD WHITTY

Page 7, line 12, at end insert—
"(3A)  If—
(a)  a waste disposal authority is liable under subsection (2) to a penalty in respect of a scheme year that is not a target year,
(b)  that scheme year ("the penalty year") is later than the first target year, and
(c)  the total amount of biodegradable municipal waste sent in the penalty year to landfills in pursuance of arrangements made by waste disposal authorities in the United Kingdom exceeds the amount specified under section 1(1)(a) for the last target year before the penalty year,
  the authority is also liable to a supplementary penalty."
 

Clause 16

 

THE LORD WHITTY

Page 11, line 29, at end insert—
"(   )  Where subsection (1) is satisfied by policies set out in a statement under section 44A of the Environmental Protection Act 1990 (c. 43) (national waste strategy), if the statement was prepared before the coming into force of that subsection it does not matter that the policies were not formulated for the purposes of that subsection."
 

Clause 19

 

THE LORD WHITTY

Page 13, line 42, at end insert—
"(   )  Where subsection (1) is satisfied by policies set out in a statement prepared before the coming into force of that subsection, it does not matter that the policies were not formulated for the purposes of that subsection.
(   )  Subsection (4) may be satisfied by consultation before, as well as by consultation after, the coming into force of this section."
 

Clause 25

 

THE LORD WHITTY

Page 16, line 27, after "8(3)" insert "or (3A)"
Page 16, line 27, leave out "target" and insert "scheme"
 

After Clause 25

 

THE LORD WHITTY

Insert the following new Clause—
  "Regulations under Chapter 1: consultation
(1)  This section applies to regulations under this Chapter, other than regulations under section 1, 2, 3 or 22.
(2)  Before making regulations to which this section applies, an allocating authority shall (subject to subsection (4))—
(a)  consult such bodies or persons appearing to it to be representative of the interests of waste disposal authorities in its area as it considers appropriate,
(b)  consult such bodies or persons appearing to it to be representative of the interests of persons concerned in the operation of landfills in its area as it considers appropriate, and
(c)  consult such bodies or persons appearing to it to be representative of any other affected persons as it considers appropriate.
(3)  In subsection (2)(c) "affected person" means a person appearing to the allocating authority to be a person who will or may be affected by the regulations.
(4)  The allocating authority need not consult as mentioned in paragraph (a) or (b) of subsection (2) if it appears to the authority that the interests mentioned in that paragraph will not be affected by the regulations."
 

Clause 26

 

THE LORD WHITTY

Page 16, line 30, leave out from "instrument" to second "the" in line 38 and insert—
  "that—
(a)  contains regulations under this Chapter made by the Secretary of State, and
(b)  is not subject to any requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament,
  shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(   )  No affirmative-procedure regulations shall be made by the Secretary of State unless a draft of the statutory instrument containing the regulations (whether containing them alone or with other provisions) has been laid before, and approved by a resolution of, each House of Parliament.
(   )  A statutory instrument that—
(a)  contains regulations under this Chapter made by the Scottish Ministers, and
(b)  is not subject to any requirement that a draft of the instrument be laid before, and approved by a resolution of, the Scottish Parliament,
  shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.
(   )  No affirmative-procedure regulations shall be made by the Scottish Ministers unless a draft of the statutory instrument containing them (whether containing them alone or with other provisions) has been laid before, and approved by a resolution of, the Scottish Parliament.
(   )  A statutory rule that—
(a)  contains regulations under this Chapter made by the Department of the Environment, and
(b)  is not subject to affirmative resolution within the meaning of section 41(4) of the 1954 Act,
  shall be subject to negative resolution within the meaning of section 41(6) of that Act.
(   )  A statutory rule that contains (whether alone or with other provisions) affirmative-procedure regulations made by the Department of the Environment shall be subject to affirmative resolution within the meaning of section 41(4) of the 1954 Act.
(   )  In this section—
 "affirmative-procedure regulations" means—
(a)  regulations under section 1 or 2, and
(b)  the first regulations to be made under each of sections 6, 7 and 10 by each of the Secretary of State, the Scottish Ministers and the Department of the Environment;
 "the 1954 Act" means"

 
 
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27 January 2003