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Climate Change Bill [HL]


Climate Change Bill [HL]
Schedule 2 — Trading schemes
Part 3 — Administration and enforcement

51

 

      (4)  

The regulations may require trading to be notified to the administrator of the

trading scheme.

Units under other schemes

20    (1)  

The regulations may make provision for recognising any of the following as

equivalent to certificates under the trading scheme—

5

(a)   

allowances, credits or certificates under another trading scheme for

which provision is made by regulations under this Part;

(b)   

units under any other trading scheme (at United Kingdom,

European or international level) relating to greenhouse gas

emissions.

10

      (2)  

The regulations may provide—

(a)   

for determining the value for the purposes of the scheme of any such

allowances, credits, certificates or units, and

(b)   

for the use for the purposes of the scheme of any such allowances,

credits, certificates or units to be subject to such conditions and

15

limitations as may be specified in or determined in accordance with

the regulations.

Part 3

Administration and enforcement

The administrator

20

21    (1)  

The regulations may appoint a person as the administrator of a trading

scheme.

      (2)  

The regulations may confer or impose functions on the administrator for the

purposes of the scheme.

      (3)  

Only the following may be appointed as the administrator of a trading

25

scheme—

(a)   

the Secretary of State,

(b)   

the Scottish Ministers,

(c)   

the Welsh Ministers,

(d)   

the relevant Northern Ireland department,

30

(e)   

a body established by an enactment, or

(f)   

any combination of the above.

      (4)  

The same person may be appointed as the administrator of more than one

trading scheme.

      (5)  

More than one person may be appointed as the administrator of the same

35

trading scheme.

Information

22    (1)  

The regulations may require such information as may be specified in or

determined in accordance with the regulations to be provided to—

(a)   

the administrator of a trading scheme,

40

(b)   

a national authority, or

(c)   

participants or potential participants in the scheme,

 

 

Climate Change Bill [HL]
Schedule 2 — Trading schemes
Part 3 — Administration and enforcement

52

 

           

for purposes connected with the scheme.

      (2)  

The regulations may confer power on the administrator of a trading scheme

to require information to be provided to any of those persons for those

purposes.

      (3)  

The regulations must provide for a requirement by the administrator to

5

provide information to be notified in writing to the person to whom it is

made.

      (4)  

If the regulations confer functions on the administrator for the purposes of

this paragraph, they may provide for the administrator to delegate the

performance of any of those functions.

10

      (5)  

The regulations may provide for information held by or on behalf of the

administrator of a trading scheme in connection with the administrator’s

functions to be disclosed to—

(a)   

any other administrator of the scheme,

(b)   

the administrator of another trading scheme, or

15

(c)   

a national authority.

Registers

23    (1)  

The regulations may provide for the creation and maintenance of a register

or registers of information relating to a trading scheme and, in particular, for

the register or registers to keep track of any of the following—

20

(a)   

the participants in a trading scheme;

(b)   

any limits on or obligations applying to the participants’ activities

under the scheme;

(c)   

any allocation of allowances among the participants;

(d)   

the allowances, credits, certificates or other units held by the

25

participants or others;

(e)   

trading in allowances, credits, certificates or other units;

(f)   

the use by the participants or others of allowances, credits,

certificates or other units for the purposes of the scheme;

(g)   

the cancellation of allowances, credits, certificates or other units;

30

(h)   

permits held by the participants, and any conditions attached to

those permits.

      (2)  

The regulations may, in particular, provide for the establishment and

maintenance of accounts in which allowances, credits, certificates or other

units may be held by the participants, the administrator or others and

35

between which they may be transferred.

      (3)  

The regulations may provide for the same register to operate in relation to

more than one trading scheme.

      (4)  

The regulations may make provision for the disclosure of information held

in or derived from a register relating to a trading scheme—

40

(a)   

for the purposes of the administration of another trading scheme for

which provision is made by regulations under this Part, or

(b)   

for the purposes of the administration of any other trading scheme

(at United Kingdom, European or international level) relating to

greenhouse gas emissions.

45

 

 

Climate Change Bill [HL]
Schedule 2 — Trading schemes
Part 3 — Administration and enforcement

53

 

Publication of information

24         

The regulations may confer or impose functions on the administrator of a

trading scheme in relation to the publication of information relating to the

scheme or its participants (including, in particular, information supplied to

the administrator by the participants and others).

5

Acquisition of units by the administrator

25         

The regulations may confer powers on the administrator of a trading scheme

to acquire—

(a)   

allowances, credits or certificates under another trading scheme for

which provision is made by regulations under this Part, or

10

(b)   

units under any other trading scheme (at United Kingdom,

European or international level) relating to greenhouse gas

emissions.

Charges

26    (1)  

The regulations may—

15

(a)   

require the payment by participants of charges of an amount

determined by or under the regulations by reference to the costs of

operating the scheme, and

(b)   

provide for such charges to be imposed by—

(i)   

a national authority,

20

(ii)   

the administrator of the scheme, or

(iii)   

such other person as may be specified in or determined in

accordance with the regulations.

      (2)  

If the regulations provide for charges to be payable to a person other than a

national authority, they must provide for that person to pay the sums

25

received to the national authority or authorities specified in or determined

in accordance with the regulations.

Monitoring compliance

27    (1)  

The regulations may make provision for monitoring compliance with the

requirements of a trading scheme.

30

      (2)  

The regulations may, in particular, make provision about—

(a)   

the keeping of records by the participants,

(b)   

the provision of information by the participants and others,

(c)   

the audit and verification of that information, and

(d)   

the inspection of premises.

35

      (3)  

If the regulations confer functions on the administrator of the scheme for the

purposes of this paragraph, they may provide for the administrator to

delegate the performance of any of those functions.

Enforcement

28    (1)  

The regulations may confer powers on a person to whom this paragraph

40

applies to—

(a)   

require the production of documents or the provision of information,

 

 

Climate Change Bill [HL]
Schedule 2 — Trading schemes
Part 3 — Administration and enforcement

54

 

(b)   

question the officers of a company,

(c)   

enter premises with a warrant, or

(d)   

seize documents or records.

      (2)  

The regulations must provide that the power in question may only be

exercised where the person on whom it is conferred reasonably believes

5

there has been a failure to comply with the requirements of a trading

scheme.

      (3)  

This paragraph applies to—

(a)   

a national authority,

(b)   

the administrator of the scheme, and

10

(c)   

such other person as may be specified in or determined in

accordance with the regulations.

Penalties

29    (1)  

The regulations may provide that a person is liable to a financial or other

penalty if the person fails to comply with the requirements of a trading

15

scheme.

      (2)  

The regulations may—

(a)   

specify the amount of any financial penalty, or

(b)   

provide for the amount of any financial penalty to be determined in

accordance with the regulations.

20

      (3)  

If the regulations provide for financial penalties to be payable to a person

other than a national authority, they must provide for that person to pay the

sums received to the national authority or authorities specified in or

determined in accordance with the regulations.

Offences

25

30    (1)  

The regulations may create offences relating to trading schemes.

      (2)  

The regulations may provide for such an offence to be triable—

(a)   

only summarily, or

(b)   

either summarily or on indictment.

      (3)  

The regulations may provide for such an offence to be punishable on

30

summary conviction—

(a)   

with imprisonment for a term not exceeding such period as is

specified in the regulations (which may not exceed the normal

maximum term),

(b)   

with a fine not exceeding such amount as is so specified (which may

35

not exceed £50,000), or

(c)   

with both.

      (4)  

The “normal maximum term” means—

(a)   

in relation to England and Wales—

(i)   

in the case of an offence triable only summarily, 51 weeks,

40

and

(ii)   

in the case of an offence triable either summarily or on

indictment, twelve months;

(b)   

in relation to Scotland—

 

 

Climate Change Bill [HL]
Schedule 2 — Trading schemes
Part 3 — Administration and enforcement

55

 

(i)   

in the case of an offence triable only summarily, 6 months,

and

(ii)   

in the case of an offence triable either summarily or on

indictment, twelve months;

(c)   

in relation to Northern Ireland, six months.

5

      (5)  

Regulations that—

(a)   

are made before the date on which section 281(5) of the Criminal

Justice Act 2003 (c. 44) comes into force, and

(b)   

in relation to England and Wales, make provision for a summary

offence to be punishable with a term of imprisonment exceeding six

10

months,

           

must provide that, where the offence is committed before that date, it is

punishable with imprisonment for a term not exceeding six months.

      (6)  

Regulations that—

(a)   

are made before the date on which section 154(1) of the Criminal

15

Justice Act 2003 comes into force, and

(b)   

in relation to England and Wales, make provision for an offence

triable either summarily or on indictment to be punishable on

summary conviction with a term of imprisonment exceeding six

months,

20

           

must provide that, where the offence is committed before that date, it is

punishable on summary conviction with imprisonment for a term not

exceeding six months.

      (7)  

The regulations may provide for an offence to be punishable on

indictment—

25

(a)   

with imprisonment for a term not exceeding such period as is

specified in the regulations (which may not exceed five years),

(b)   

with a fine, or

(c)   

with both.

      (8)  

The regulations may—

30

(a)   

provide for defences against offences, and

(b)   

make provision about matters of procedure and evidence in

proceedings relating to offences.

Appeals

31    (1)  

The regulations may confer rights of appeal against—

35

(a)   

decisions made in relation to a trading scheme, and

(b)   

civil penalties imposed or enforcement action taken for failure to

comply with the requirements of a trading scheme.

      (2)  

The regulations must specify the court, tribunal or person who is to hear and

determine appeals in relation to a trading scheme.

40

      (3)  

The regulations may, in particular, provide for appeals in relation to a

trading scheme to be heard by—

(a)   

a national authority, if not the administrator of the trading scheme,

or

(b)   

a person appointed by a national authority for that purpose.

45

 

 

Climate Change Bill [HL]
Schedule 3 — Trading schemes regulations: further provisions
Part 1 — Regulations made by a single national authority

56

 

      (4)  

They may provide for an appeal to be determined by a person other than the

person by whom the appeal was heard.

Schedule 3

Section 41

 

Trading schemes regulations: further provisions

Part 1

5

Regulations made by a single national authority

1          

This Part of this Schedule applies in relation to an instrument containing

regulations under this Part of this Act made by a single national authority.

2     (1)  

Where the instrument contains regulations that—

(a)   

are to be made by the Secretary of State, and

10

(b)   

are subject to affirmative resolution procedure,

           

the regulations must not be made unless a draft of the statutory instrument

containing them has been laid before and approved by a resolution of each

House of Parliament.

      (2)  

Where the instrument contains regulations that—

15

(a)   

are to be made by a national authority other than the Secretary of

State, and

(b)   

are subject to affirmative resolution procedure,

           

the regulations must not be made unless a draft of the statutory instrument

containing them has been laid before and approved by a resolution of the

20

relevant devolved legislature.

3     (1)  

An instrument containing regulations made by the Secretary of State that are

subject to negative resolution procedure is subject to annulment in

pursuance of a resolution of either House of Parliament.

      (2)  

An instrument containing regulations made by the Scottish Ministers that

25

are subject to negative resolution procedure is subject to annulment in

pursuance of a resolution of the Scottish Parliament.

      (3)  

An instrument containing regulations made by the Welsh Ministers that are

subject to negative resolution procedure is subject to annulment in

pursuance of a resolution of the National Assembly for Wales.

30

      (4)  

An instrument containing regulations made by a Northern Ireland

department that are subject to negative resolution procedure is subject to

negative resolution within the meaning of section 41(6) of the Interpretation

Act (Northern Ireland) 1954 (c. 33 (N.I.)) as if it were a statutory instrument

within the meaning of that Act.

35

4          

Any provision that may be made by regulations subject to negative

resolution procedure may be made by regulations subject to affirmative

resolution procedure.

 

 

Climate Change Bill [HL]
Schedule 3 — Trading schemes regulations: further provisions
Part 3 — Power to make provision by Order in Council

57

 

Part 2

Regulations made by two or more national authorities

5          

This Part of this Schedule applies in relation to an instrument containing

regulations under this Part of this Act made or to be made by any two or

more of—

5

(a)   

the Secretary of State,

(b)   

the Welsh Ministers, and

(c)   

a Northern Ireland department.

6          

If any of the regulations are subject to affirmative resolution procedure, all

of them are subject to that procedure.

10

7          

Paragraphs 2 and 3 (affirmative and negative resolution procedure) apply to

the instrument as they apply to an instrument containing regulations made

by a single national authority.

8     (1)  

If in accordance with paragraph 3 (negative resolution procedure)—

(a)   

either House of Parliament resolves that an address be presented to

15

Her Majesty praying that an instrument containing regulations made

by the Secretary of State be annulled, or

(b)   

a devolved legislature resolves that an instrument containing

regulations made by a national authority be annulled,

           

nothing further is to be done under the instrument after the date of the

20

resolution and Her Majesty may by Order in Council revoke the instrument.

      (2)  

This is without prejudice to the validity of anything previously done under

the instrument or to the making of a new instrument.

      (3)  

This paragraph applies in place of provision made by any other enactment

about the effect of such a resolution.

25

Part 3

Power to make provision by Order in Council

9     (1)  

Her Majesty may by Order in Council make provision for trading schemes.

      (2)  

That power may only be exercised to make an Order in Council—

(a)   

that extends or applies both to Scotland and to one or more of

30

England, Wales and Northern Ireland, or

(b)   

that extends to Scotland only and contains both provision within the

legislative competence of the Scottish Parliament and provision

outside that competence.

      (3)  

The provision that may be made by an Order in Council under this

35

paragraph includes any provision that may be made by a national authority

by regulations under this Part of this Act.

10         

No recommendation is to be made to Her Majesty in Council to make an

Order in Council under paragraph 9 unless the requirements of section 40(1)

and (2) as to advice and consultation have been complied with.

40

11    (1)  

This paragraph applies to an Order in Council under paragraph 9 containing

any provision that, were it to be made by regulations under this Part of this

Act, would be subject to affirmative resolution procedure.

 

 

 
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