Select Committee on Delegated Powers and Regulatory Reform First Report


CHAPTER 3: GENERAL

Clause 29: Provides that regulation-making powers under Part 1 of the Bill includes the power to make different provisions for different cases and to provide incidental, supplementary, consequential or transitional provisions or savings.

PART 2: TRADING OF EMISSIONS QUOTAS

Clause 31: Extends the regulation-making power under the PPC Act to allow regulations to provide for the imposition of penalties (including automatic financial penalties) upon persons who contravene the rules of statutory emissions trading schemes made under regulations pursuant to that Act. The amount of any penalty will be set out in or calculated in accordance with either the regulations themselves or the rules of the trading scheme.
Power conferred on: The Secretary of State
Power exercisable by: Regulations
Parliamentary procedure: Negative resolution procedure


Regulations providing for the inclusion of penalties in trading schemes would be subject to negative resolution procedures under section 2(7) of that Act. Such regulations would not create criminal offences for the purposes of section 2(9)(d) in the light of the narrow meaning of criminal offence envisaged by paragraph 25 of Schedule 1 to the PPC Act.

PART 3: GENERAL

Clause 34: Power to make commencement orders.
Power conferred on The Secretary of State, the Scottish Ministers, the National Assembly for Wales and the Department of the Environment for Northern Ireland
Power exercisable by: Order made by statutory instrument and in relation to Northern Ireland, an order made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order1979 (S.I. 1979/1573 (N.I. 12)
Parliamentary procedure:  None

This clause provides a power for the Secretary of State, the Scottish Ministers, the National Assembly for Wales and the Department of the Environment for Northern Ireland to make orders commencing the provisions of the Bill. Clauses 1 to 3, 16 and 32 will come into force on a day appointed by order by the Secretary of State. Clauses 4, 5, 8, and 9 will come into force on a date to be appointed by order by the Secretary of State in relation to England, the National Assembly for Wales in relation to Wales, the Scottish Ministers in relation to Scotland and the Department of the Environment for Northern Ireland in relation to Northern Ireland. Clauses 17, 18 and 19 will come into force on a day appointed by order by the Scottish Ministers, the National Assembly for Wales and the Department of the Environment for Northern Ireland respectively.

Clause 34(6) and (7) permit commencement orders to appoint different days for different purposes and make such transitional provisions as are necessary or expedient in connection with the coming into force of that provision.

The remaining clauses of the Bill will come into force on Royal Assent.


 
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