SCHEDULES Section 32 SCHEDULE 1 U.K. The Committee on Climate Change Membership U.K. 1 (1) The Committee shall consist of- U.K. (a) a person appointed by the national authorities to chair the Committee ("the chair"), and (b) not less than five and not more than eight other members appointed by the national authorities. (2) The national authorities must consult the chair before appointing the other members. (3) In appointing a member, the national authorities must have regard to the desirability of securing that the Committee (taken as a whole) has experience in or knowledge of the following- (a) business competitiveness; (b) climate change policy at national and international level, and in particular the social impacts of such policy; (c) climate science, and other branches of environmental science; (d) differences in circumstances between England, Wales, Scotland and Northern Ireland and the capacity of national authorities to take action in relation to climate change; (e) economic analysis and forecasting; (f) emissions trading; (g) energy production and supply; (h) financial investment; (i) technology development and diffusion. (4) The Secretary of State may by order amend sub-paragraph (1)(b) so as to alter the minimum or maximum number of members of the Committee. (5) Such an order may only be made with the consent of the other national authorities. (6) Any such order is subject to negative resolution procedure. 2 U.K. The national authorities may, after consulting the chair, appoint one of the members as deputy to the chair ("the deputy chair"). Term of office U.K. 3 U.K. A member holds and vacates office in accordance with the terms of the member's appointment. 4 U.K. A member may resign by giving written notice to the Secretary of State. 5 U.K. The national authorities may remove a member- (a) who has been absent from meetings of the Committee without its permission for a period of 6 months or more, (b) who has become bankrupt or has made an arrangement with creditors, (c) whose estate has been sequestrated in Scotland or who, under Scots law, has made a composition or arrangement with, or 6 U.K. A person ceases to be the chair or the deputy chair if the person- (a) resigns that office by giving written notice to the Secretary of State, or (b) ceases to be a member. 7 U.K. A person who- (a) ceases to be a member, or (b) ceases to be the chair or the deputy chair, may be reappointed to that office. Remuneration and pensions etc U.K. 8 U.K. The Committee may pay to the members such remuneration and allowances as the national authorities may determine. 9 U.K. The Committee must, if required to do so by the national authorities- (a) pay such pensions, gratuities or allowances as the national authorities may determine to or in respect of any person who is or has been a member, or (b) pay such sums as the national authorities may determine towards provision for the payment of pensions, gratuities or allowances to or in respect of such a person. 10 U.K. If the national authorities consider there are special circumstances which make it right for a person who has ceased to be a member to receive compensation, the Committee must pay the person such compensation as the national authorities may determine. Staff U.K. 11 (1) The Committee must appoint a person to be chief executive, but may only appoint a person who has been approved by the national authorities. U.K. (2) The chief executive is an employee of the Committee. 12 U.K. The Committee may appoint other employees. 13 U.K. The Committee must, if required to do so by the national authorities- (a) pay such pensions, gratuities or allowances as the national authorities may determine to or in respect of any employee or former employee, or (b) pay such sums as the national authorities may determine towards provision for the payment of pensions, gratuities or allowances to or in respect of any employee or former employee. 14 (1) In Schedule 1 to the Superannuation Act 1972 (c. 11) (kinds of employment to which section 1 of that Act applies), in the list of other bodies, at the appropriate place insert- " The Committee on Climate Change. " U.K. (2) The Committee must pay to the Minister for the Civil Service, at such times as the Minister may direct, such sums as the Minister may determine in respect of any increase attributable to sub-paragraph (1) in the sums payable out of money provided by Parliament under the Superannuation Act 1972. Sub-committees U.K. 15 (1) The Committee may establish sub-committees. U.K. (2) A sub-committee may include persons who are not members of the Committee. (3) The Committee may pay such remuneration and allowances as the national authorities may determine to any person who- (a) is a member of a sub-committee, but (b) is not a member of the Committee. (4) This paragraph does not apply in relation to the Adaptation Sub-Committee. The Adaptation Sub-Committee U.K. 16 (1) There shall be a sub-committee of the Committee, to be known as the Adaptation Sub-Committee or, in , as yr Is-bwyllgor Addasu (referred to in this paragraph as " the ASC "). U.K. (2) The ASC shall consist of- (a) a person appointed by the national authorities to chair the ASC ("the ASC chair"), and (b) not less than five other members appointed by the national authorities. (3) The national authorities must- (a) consult the chair before appointing the ASC chair, and (b) consult the ASC chair before appointing the other members of the ASC. (4) A person ceases to be the ASC chair if the person- (a) resigns that office by giving written notice to the Secretary of State, or (b) ceases to be a member of the ASC. (5) The ASC may include persons who are not members of the Committee.
(6) 5 (term of office) apply to a person who is- (a) a member of the Committee, and (b) a member of the ASC, in that person's capacity as a member of the ASC. (7) Those paragraphs and paragraphs 8 to 10 (remuneration and pensions etc) apply to a member of the ASC who is not a member of the Committee as they apply to a member of the Committee. (8) In the application of paragraph 5(a) by virtue of this paragraph, the reference to the Committee is a reference to the ASC. (9) A person who- (a) ceases to be a member of the ASC, or (b) ceases to be the ASC chair, may be reappointed to that office. (10) The ASC must provide the Committee with such advice, analysis, information or other assistance as the Committee may require in connection with the exercise of its functions under- (a) section 38(1)(c) (advice etc to national authorities on adaptation to climate change), (b) section 57 (advice on report on impact of climate change), or (c) section 59 (reporting on progress in connection with adaptation). Proceedings U.K. 17 U.K. The Committee may regulate- (a) its own procedure (including quorum), and (b) the procedure of any sub-committee (including quorum). 18 U.K. The validity of anything done by the Committee or any sub-committee is not affected by- (a) any vacancy in the membership of the Committee or sub-committee, or (b) any defect in the appointment of any member of the Committee or sub-committee. 19 U.K. The Committee must publish the minutes of its meetings in such manner as it considers appropriate. Discharge of functions U.K. 20 U.K. The Committee may authorise a sub-committee, member or employee to exercise any of the Committee's functions. Application of seal and proof of documents U.K. 21 (1) The application of the Committee's seal must be authenticated by the signature of- E+W+N.I. (a) a member of the Committee who is authorised (generally or specially) for that purpose, or (b) an employee who is so authorised. (2) A document purporting to be duly executed under the seal of the Committee or to be signed on behalf of the Committee shall be target), (c) section 34 (advice in connection with carbon budgets), (d) section 35 (advice on emissions from international aviation and international shipping), (e) section 36 (reports on progress), (f) section 57 (advice on report on impact of climate change), or (g) section 59 (reporting on progress in connection with adaptation). (3) The Committee must provide a national authority with such information as the national authority may request about the exercise or proposed exercise of the Committee's functions under- (a) section 38 (duty to provide advice or assistance on request), or (b) section 48 (advice on trading scheme regulations), in relation to that national authority. If the information relates to the exercise or proposed exercise of those functions in relation to two or more national authorities, the request must be made by all of them jointly. (4) The Committee must provide the national authorities with such information as they may request about the exercise or proposed exercise of any of its other functions. (5) The Committee must also- (a) permit any person authorised by a national authority to inspect and make copies of any accounts or other documents of the Committee, and (b) provide such explanation of them as that person or the national authority may require. (6) Before exercising a function under sub-paragraph (5), the national authority must consult the other national authorities. Publication of advice etc U.K. 26 U.K. A requirement under this Act for the Committee to publish anything does not oblige it to publish- (a) information it could refuse to disclose in response to a request under- (i) the Freedom of Information Act 2000 (c. 36), or (ii) the Environmental Information Regulations 2004 (S.I. 2004/3391) or any regulations replacing those regulations; (b) information whose disclosure is prohibited by any enactment. Status 27 (1) The Committee is not to be regarded as the servant or agent of the Crown or as enjoying any status, privilege or immunity of the Crown. U.K. (2) The Committee is to be treated as a cross-border public authority within the meaning of the Scotland Act 1998 (c. 46) for the purposes of the following provisions of that Act- (a) section 23(2)(b) (power of Scottish Parliament to require persons outside Scotland to attend to give evidence or produce documents); (b) section 70(6) (legislation of Scottish Parliament not to require certain cross-border public authorities to prepare accounts). Public Records Act 1958 (c. 51) U.K. 28 U.K. In Schedule 1 to the Public Records Act 1958 (definition of public records), in Part 2 of the Table at the end of paragraph 3, at the appropriate place insert- " The Committee on Climate Change. " Parliamentary Commissioner Act 1967 (c. 13) U.K. 29 U.K. In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation)- (a) at the appropriate place insert- " The Committee on Climate Change. " , and (b) in the notes at the appropriate place insert- " Committee on Climate Change In the case of the Committee on Climate Change, no investigation is to be conducted in respect of any action taken by or on behalf of the Committee- (a) in the exercise in or as regards Scotland of any function to the extent that the function is exercisable within devolved competence (within the meaning of section 54 of the Scotland Act 1998), or (b) in connection with functions of the Committee in relation to Wales (within the meaning of the Government of Wales Act 2006). " House of Commons Disqualification Act 1975 (c. 24) U.K. 30 U.K. In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified), at the appropriate place insert- " The Committee on Climate Change. " 1975 (c. 25) U.K. 31 U.K.
In Part 2 of Schedule 1 to the 1975 (bodies of which all members are disqualified), at the appropriate place insert- " The Committee on Climate Change. " Race Relations Act 1976 (c. 74) U.K. 32 U.K. [ F1 In Part 2 of Schedule 1A to the Race Relations Act 1976 (bodies and other persons subject to general statutory duty), at the appropriate place insert- " The Committee on Climate Change. " ] 1 para. 32 repealed (E.W.S.) (4.4.2011) by 2010 c. 15, Sch. 27 Pt. 1A (as inserted by The Equality Act 2010 (Public Authorities and Consequential and Supplementary Amendments) Order 2011 (S.I. 2011/1060) , arts. 1(2) , 3(3)(a) , . 3) Freedom of Information Act 2000 (c. 36) U.K. 33 U.K. In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices which are public authorities), at the appropriate place insert- " The Committee on Climate Change. " 2002 (asp 11) U.K. 34 (1) 2002 is amended as follows. U.K. (2) In section 7 (matters which may be investigated: restrictions), after subsection (6B) insert- " (6C) The Ombudsman must not investigate action taken by or on behalf of the Committee on Climate Change in the exercise in or as regards Scotland of any function to the extent that the function is not exercisable within devolved competence (within the meaning of section 54 of the Scotland Act 1998). " (3) In (persons liable to investigation), after paragraph 91A insert- " 91B The Committee on Climate Change. " Public Services Ombudsman (Wales) Act 2005 (c. 10) U.K. 35 U.K. In Schedule 3 to the Public Services Ombudsman (Wales) Act 2005 (listed authorities), after the heading "Environment" insert- " The Committee on Climate Change. " Section 46 SCHEDULE 2 U.K. Trading schemes Part 1 U.K. Schemes limiting activities Introductory U.K. 1 U.K. This Part of this deals with trading schemes that operate by limiting or encouraging the limitation of activities that consist of the emission of greenhouse gas or that cause or contribute, directly or indirectly, to such emissions. Trading periods U.K. 2 U.K. The regulations must specify the period or periods by reference to which the scheme is to operate (a "trading period"). Activities U.K. 3 (1) The regulations must identify the activities to which the trading scheme applies. U.K. (2) The regulations may identify the activities by reference to any, or any combination of, criteria and in particular- (a) may identify the activities by reference to the locations or locations at which they are carried on, or (b) may be expressed to apply to all activities of a particular kind carried on in the United Kingdom or a part of the United Kingdom. (3) The regulations must specify the units of measurement of the activities for the purposes of the scheme. (4) The regulations may specify units of measurement by reference to- (a) the activities themselves, (b) anything consumed or used for the purposes of the activities, (c) anything produced by the activities, or (d) any other consequence of the activities. (5) The regulations may, in particular, make provision- (a) for activities to be measured by reference to the amount (in tonnes of carbon dioxide equivalent) of the greenhouse gas emissions for which those activities are to be regarded as responsible; and (b) as to the method by which that amount is to be measured or calculated. (6) The regulations may make different provision in relation to different descriptions of activity to which the scheme applies. Participants U.K. 4 (1) The regulations must identify the persons to whom the trading scheme applies (the "participants"). U.K. (2) The regulations- (a) may identify the participants by reference to any, or any combination of, criteria, or (b) provide for their identification by a specified person or body. (3) The regulations may, in particular, identify or provide for the identification of the participants by reference to their responsibility for activities to which the trading scheme applies. (4) The regulations may provide for more than one person to be treated as a single participant. (5) The regulations may provide for persons to cease to be participants in circumstances specified in the regulations. Allocation of allowances U.K. 5 (1) The regulations may provide for the allocation among the participants of allowances representing the right to carry on a specified amount of the activities in a trading period. U.K. (2) The regulations may set a limit on- (a) the total amount of the activities for a trading period, and (b) the total amount of the allowances to be allocated for the period. (3) The regulations may specify the method of allocation or provide for it to be determined in accordance with the regulations. (4) The regulations may not provide for allowances to be allocated in return for consideration. Use of allowances U.K. 6 (1) The regulations may require each participant to have or acquire enough allowances to match the participant's activities in a trading period, subject to any offsetting in accordance with provision made under paragraph 7. U.K. (2) The regulations- (a) may permit allowances held by a participant at the end of a trading period in excess of the participant's activities in the period to be used to cover the participant's activities in a later trading period, (b) may permit allowances allocated to a participant for a trading period to be used to cover the participant's activities in an earlier trading period, and (c) may in either case provide for such use of allowances to be subject to such conditions and limitations as may be specified in or determined in accordance with the regulations. (3) The regulations must contain provision for ensuring that allowances used by a participant for the purposes of a trading scheme cannot be used by the participant for any other purpose.
(4) The regulations- (a) may provide for the expiry of allowances after such period as may be specified in or determined in accordance with the regulations; (b) may enable allowances to be cancelled by a person by whom they are held instead of being used for the purposes of a trading scheme. Credits U.K. 7 (1) The regulations may enable participants to offset the carrying on of the activities in a trading period by acquiring credits representing- U.K. (a) a reduction in an amount of greenhouse gas emissions, or (b) the removal of an amount of greenhouse gas from the atmosphere. (2) Regulations that make provision under this paragraph for a trading period must set a limit on the total amount of the activities for the period. (3) If the regulations also provide for the allocation of allowances for the period, they must- (a) set a limit on the total amount of the allowances to be allocated for the period, and (b) require each participant to acquire enough credits to offset any activities carried on by the participant in the period in excess of those for which the participant has or has acquired allowances. (4) Otherwise, such regulations must- (a) set a limit on the amount of the activities that each participant may carry on in the period, and (b) require each participant to acquire enough credits to offset any activities carried on by the participant in the period in excess of that limit. (5) The regulations must specify- (a) the descriptions of credits that may be used for offsetting a participant's activities, (b) the value of different descriptions of credit as regards the amount of the activities they are treated as offsetting, and (c) the circumstances in which credits of any description may be used for the purposes of the trading scheme. (6) The regulations- (a) must contain provision for ensuring that credits used to offset activities under a trading scheme cannot be used by the participant for any other purpose; (b) may enable credits to be cancelled by a person by whom they are held instead of being used for that purpose. Payments U.K. 8 (1) The regulations may provide that a participant who does not have or acquire enough allowances or credits to match or offset the participant's activities in a trading period must pay an amount specified in or determined in accordance with the regulations within the period so specified. U.K. (2) The regulations may require the payment to be made to- (a) the administrator, or (b) such other person as the regulations may specify. (3) The provision that may be made about the amount of the payment includes, in particular, (a) for the amount to be determined by the administrator or a national authority; (b) in a case where the payment is not made within the period specified in the regulations, for the amount to increase at the rate so specified until payment; (c) for the amount of the payment, or of any amount by reference to which it is to be calculated, to be adjusted from time to time by reference to inflation or some other factor. (4) Provision within sub-paragraph (3)(c) may refer, in particular, to an index or data specified in the regulations (including as modified from time to time after the regulations come into force). (5) If the regulations provide for payments to be made to a person other than a national authority, they must provide for that person to pay the sums (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 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 [ F2 2 May 2022 ] , 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, 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- (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- (a) provide for defences against offences, and (b) make provision about matters of procedure and evidence in proceedings relating to offences. 2 para. 30(6)(a) substituted (28.4.2022) by 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500) , regs. 1(2) , 5(1) , Sch. Pt. 1 Appeals U.K. 31 (1) The regulations may confer rights of appeal against- U.K. (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. (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. (4) They may provide for an appeal to be determined by a person other than the person by whom the appeal was heard. Section 49 SCHEDULE 3 U.K. Trading schemes regulations: further provisions Part 1 U.K. Regulations made by a single national authority 1 U.K. This Part of this 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- U.K. (a) are to be made by 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 each House of Parliament. (2) Where the instrument contains regulations that- (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 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. U.K. (2) An instrument containing regulations made by the Scottish Ministers that 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. (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. 4 U.K. Any provision that may be made by regulations subject to negative resolution procedure may be made by regulations subject to affirmative resolution procedure. Part 2 U.K. Regulations made by two or more national authorities 5 U.K. This Part of this 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- (a) the Secretary of State, (b) the Welsh Ministers, and (c) a Northern Ireland department. 6 U.K. If any of the regulations are subject to affirmative resolution procedure, all of them are subject to that procedure. 7 U.K. 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)- U.K. (a) either House of Parliament resolves that an address be presented to 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 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. Part 3 U.K. Power to make provision by Order in Council 9 (1) Her Majesty may by Order in Council make provision for trading schemes. U.K. (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 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 paragraph includes any provision that may be made by a national authority by regulations under this Part of this Act. 10 U.K. 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 48(1) and (2) as to advice and consultation have been complied with. 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. U.K. (2) No recommendation is to be made to Her Majesty in Council to make an Order in Council to which this paragraph applies unless- (a) in the case of an Order in Council containing provision that may be made by the Secretary of State by regulations under this Part of this Act, a draft of the statutory instrument containing the Order in Council has been laid before, and approved by a resolution of, each House of Parliament, and (b) in the case of an Order in Council containing provision that may be made by a national authority other than the Secretary of State by regulations under this Part of this Act, a draft of the statutory instrument containing the Order in Council has been laid before, and approved by a resolution of, the relevant devolved legislature. 12 (1) This paragraph applies to an Order in Council under paragraph 9 other than one to which paragraph 11 applies. U.K. (2) An Order in Council to which this paragraph applies containing provision that may be made by the Secretary of State by regulations under this Part of this Act is subject to annulment in pursuance of a resolution of either House of Parliament. (3) An Order in Council to which this paragraph applies containing provision that may be made by the Scottish Ministers by regulations under this Part of this Act is subject to annulment in pursuance of a resolution of the Scottish Parliament. (4) An Order in Council to which this paragraph applies containing provision that may be made by the Welsh Ministers by regulations under this Part of this Act is subject to annulment in pursuance of a resolution of the National Assembly for Wales. (5) An Order in Council to which this paragraph applies containing provision that may be made by a Northern Ireland department by regulations under this Part of this Act 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. 13 (1) If in accordance with paragraph 12- U.K. (a) either House of Parliament resolves that an address be presented to Her Majesty praying that an Order in Council be annulled, or (b) a devolved legislature resolves that an Order in Council be annulled, nothing further is to be done under the Order in Council after the date of the resolution and Her Majesty may by Order in Council revoke it. (2) This is without prejudice to the validity of anything previously done under the Order in Council or to the making of a new Order in Council. (3) This paragraph applies in place of provision made by any other enactment about the effect of such a resolution. Section 50 SCHEDULE 4 U.K. Trading schemes: powers to require information Introductory U.K. 1 [ F3 (1) The powers conferred by this are exercisable by the following authorities- U.K. (a) the Secretary of State; (b) the Scottish Ministers; (c) the relevant Northern Ireland department; (d) the Welsh Ministers; (e) the Environment Agency; (f) the . (2) References in this to an "environmental authority" are to any of those authorities. ] 4 paras. 1-5 ceased to have effect (26.1.2009) by virtue of Climate Change Act 2008 (c. 27) , ss. 50(2) , 100(5) Information from electricity suppliers and distributors U.K. 2 [ F3 (1) An environmental authority may, for the purposes of enabling a trading scheme to be established, by notice require an electricity supplier or electricity distributor to provide any of the following information- U.K. (a) information about the electricity meters and metering systems for which the supplier or distributor is responsible, including (in particular) their locations and any identifying features; (b) information about the persons to whom electricity measured by those meters or systems is supplied or who purchase such electricity; (c) information about the consumption by those persons of that electricity; (d) any other information that the environmental authority considers necessary for identifying the potential participants in the scheme. (2) An "electricity (a) in relation to England and Wales and Scotland means an authorised supplier within the meaning of the Electricity Act 1989 (c. 29) (see section 64(1) of that Act); (b) in relation to Northern Ireland means- (i) an electricity supplier within the meaning of the Electricity (Northern Ireland) Order 1992 (S.I. 1992/231) (N.I. 1) (see Article 3 of that Order), or (ii) a person who may supply electricity to premises without a licence by virtue of an exemption under Article 9 of that . (3) An "electricity distributor"- (a) in relation to England and Wales and Scotland means an authorised distributor within the meaning of the Electricity Act 1989 (see section 64(1) of that Act); (b) in relation to Northern Ireland means an electricity distributor within the meaning of the Electricity (Northern Ireland) Order 1992 (see Article 3 of that Order). (4) References in this to an electricity supplier or electricity distributor include an agent of such a supplier or distributor. ] 4 paras. 1-5 ceased to have effect (26.1.2009) by virtue of Climate Change Act 2008 (c. 27) , ss. 50(2) , 100(5) Information from potential participants in a trading scheme U.K. 3 [ F3 (1) An environmental authority may, for the purposes of enabling a trading scheme to be established, by notice require a potential participant in the scheme to provide any of the following information- U.K. (a) information about whether the criteria specified in the notice are met by the potential participant, either alone or together with any other person or persons; (b) information identifying any potential co-participant; (c) contact details for the potential participant and any potential co-participant; (d) information about the meters that measure electricity supplied to or purchased by the potential participant or any potential co-participant; (e) information about the consumption of electricity by the potential participant and any potential co-participant; (f) information about any climate change agreement (within the meaning of Schedule 6 to the Finance Act 2000 (c. 17)) entered into by or on behalf of the potential participant or any potential co-participant. (2) A "potential participant", in relation to a trading scheme, means a person who the environmental authority considers- (a) will or may be a participant in the scheme, or (b) will or may fall to be treated together with any other person or persons (a "potential co-participant") as such a participant. ] 4 paras. 1-5 ceased to have effect (26.1.2009) by virtue of Climate Change Act 2008 (c. 27) , ss. 50(2) , 100(5) Requirements for a valid notice U.K. 4 [ F3 (1) A notice under this must comply with the following requirements. U.K. (2) The notice must- (a) be in writing, (b) specify the information to be provided, (c) specify the name and address of the person to whom the information is to be provided, (d) specify the date by which the information is to be provided, and (e) explain the consequences of failure to comply with the notice. (3) An environmental authority must not give a notice requiring information from a person unless- (a) the authority has previously sent the person a request in writing for the information, and (b) the person has failed to provide the information within the period of 28 days beginning with the day on which the request was sent. ] 4 paras. 1-5 ceased to have effect (26.1.2009) by virtue of Climate Change Act 2008 (c. 27) , ss. 50(2) , 100(5) Failure to comply with notice etc an offence U.K. 5 [ F3 (1) A person who- U.K. (a) fails without reasonable excuse to comply with a notice under this , or (b) provides information in response to such a notice that the person knows or suspects to be false or misleading, commits an offence. (2) A person guilty of such an offence is liable on summary conviction to a fine not exceeding level 5 on the standard scale. ] 4 paras.
1-5 ceased to have effect (26.1.2009) by virtue of Climate Change Act 2008 (c. 27) , ss. 50(2) , 100(5) Disclosure of information U.K. 6 (1) This paragraph applies to information obtained by an environmental authority (whether or not pursuant to a notice under this ) from- U.K. (a) an electricity supplier or electricity distributor, or (b) a potential participant, for the purposes of enabling a trading scheme to be established. (2) The information may be disclosed for the purposes of or in connection with the establishment, operation or enforcement of a trading scheme- (a) by an environmental authority to another environmental authority or the administrator of the scheme, or (b) by the administrator of the scheme to any other administrator of the scheme or an environmental authority. (3) This does not affect any other right to disclose information within sub-paragraph (1) apart from this paragraph. Section 71 F4 SCHEDULE 5 E+W Waste reduction schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 repealed (15.1.2012) by Localism Act 2011 (c. 20) , ss. 47(a) , 240(1)(e) , Sch. 25 Pts. 8 Section 77 SCHEDULE 6 E+W+N.I. Charges for [ F5 single use carrier bags ] [ F5 carrier bags ] 6 para. 2 substituted (N.I.) (28.4.2014) by (Northern Ireland) 2014 (c. 7) , s. 1(b) Part 1 E+W+N.I. Powers to make regulations about charges General power E+W+N.I. 1 E+W+N.I. The relevant national authority may make provision by regulations about charging by sellers of goods for the supply of [ F5 single use carrier bags ] [ F5 carrier bags ] . Requirement to charge E+W+N.I. 2 E+W+N.I. The regulations may make provision requiring sellers of goods to charge for [ F5 single use carrier bags ] [ F5 carrier bags ] supplied- [ F6 (a) at a place where goods are sold, for the purpose of enabling goods to be taken away, or ] [ F6 at the place where the goods are sold, for the purpose of enabling the goods to be taken away, or ] [ F6 (b) for the purpose of enabling goods to be delivered. ] [ F6 for the purpose of enabling the goods to be delivered. ] 6 para. 2(a)(b) substituted (N.I.) (28.4.2014) by (Northern Ireland) 2014 (c. 7) , s. 3(1) [ F7 2A E+W+N.I. The regulations may make provision for treating carrier bags as having been supplied for the purpose of enabling goods to be taken away if the carrier bags have been designed for that purpose. ] 6 para. 2A inserted (N.I.) (28.4.2014) by (Northern Ireland) 2014 (c. 7) , s. 3(2) Sellers of goods E+W+N.I. 3 (1) " Seller ", in relation to goods, has the meaning given by the regulations which may define that term by reference (in particular) to- E+W+N.I. (a) a person's involvement in selling the goods, (b) a person's interest in the goods, or (c) a person's interest in the place at or from which the goods are sold, or any combination of those factors. (2) The regulations may make provision for regulations under this to apply- (a) to all sellers of goods, (b) to sellers of goods named in the regulations, (c) to sellers of goods identified by reference to specified factors, or (d) to sellers of goods within paragraph (b) and sellers of goods within paragraph (c). (3) The specified factors may include- (a) the place or places at or from which a seller supplies goods; (b) the type of goods that a seller supplies; (c) the value of goods that a seller supplies; (d) a seller's turnover or any part of that turnover. [ F8 (e) the number of a seller's full-time equivalent employees. ] (4) In this " specified " means specified in regulations under this . [ (5) For the purposes of sub-paragraph (3)(e), the number of a seller's full-time equivalent employees is calculated as follows- Step 1 Find the number for full-time employees of the seller. Step 2 Add, for each employee of the seller who is not a full-time employee, such fraction as is just and reasonable. The result is the number of full-time equivalent employees. ] 6 para. 3(5) inserted (N.I.) (28.4.2014) by (Northern Ireland) 2014 (c. 7) , s. 4(3) . 6 para. 3(3)(e) inserted (N.I.) (28.4.2014) by (Northern Ireland) 2014 (c. 7) , s. 4(2) Amount of charge E+W+N.I. 4 E+W+N.I. The regulations may specify the minimum amount that a seller must charge for each [ F10 single use carrier bag ] [ F10 carrier bag ] , or provide for that amount to be determined in accordance with the regulations. 2014 (c. 7) , s. 1(a) Destination of proceeds - Wales E+W+N.I. [ F11 4A (1) This paragraph applies to regulations made by the Welsh Ministers in relation to Wales. (2) The regulations may provide for the application of the net proceeds of the charge to specified purposes. [ F12 (2A) The regulations may- (a) provide for the time when and manner in which the gross or net proceeds of the charge are to be paid to the Department; (b) provide for the payment of interest for late payment of the gross or net proceeds of the charge to the Department. ] (3) Regulations under sub-paragraph (2) may (among other things)- (a) require sellers to apply the net proceeds of the charge to any one or more specified purposes; (b) provide for any duty imposed under paragraph (a) to be discharged (subject to any provision made under paragraph (c)) by the net proceeds of the charge being ) by (Wales) Measure 2010 (nawm 8) , ss. 1(2) , 21(2) . 6 para. 4A(2A) inserted (N.I.) (28.4.2014) by (Northern Ireland) 2014 (c. 7) , s. 5 [ F13 4A (1) This paragraph applies to regulations made by the Department in relation to Northern Ireland. E+W+N.I.
(2) The regulations may require the seller to pay to the (a) the gross proceeds of the charge, or (b) the net proceeds of the charge. (3) Paragraph 7(3)(c) does not apply to any amount required by regulations made under this paragraph to be paid to the Department. (4) In this paragraph- " the Department " means the Department of the Environment in Northern Ireland; " gross proceeds of the charge " means the amount ) by (Northern Ireland) 2011 (c. 26) , s. 1(1) Interpretation of paragraph 4A E+W+N.I. [ F11 4B (1) This paragraph applies for the purposes of paragraph 4A. (2) " Children " means persons who have not attained the age of 18. (3) " Pollution " means pollution of the air, water or land which may give rise to any environmental harm, including (but not limited to) pollution caused by light, noise, heat or vibrations or any other kind of release of energy. (4) For the purposes of the definition in sub-paragraph (3), " environmental harm " means any of the following- (a) harm to the health of humans and other living organisms; (b) harm to the quality of the environment, including- (i) harm to the quality of the environment taken as a whole, (ii) harm to the quality of the air, water or land, and (iii) other impairment of, or interference with, the ecological systems of which any living organisms form part; (c) offence to the senses of human beings; (d) damage to property; (e) impairment of, or interference with, the amenity of the environment or any legitimate use of the environment. (5) For the purposes of sub-paragraphs (3) and (4), " air " includes (but is not limited to) air within buildings and air within other natural or man-made structures above or below ground. (6) " Nuisance " means an act or omission affecting any place, or a state of affairs in any place, which may impair, or interfere with, the amenity of the environment or any legitimate use of the environment. (7) " Net proceeds of the charge " has the same meaning as in paragraph 7(4). (8) " Young people " means persons who have attained the age of 18, but not the age of 25. ] 6 paras. 4A, 4B inserted (E.W.) (15.2.2011) by (Wales) Measure 2010 (nawm 8) , ss. 1(2) , 21(2) [ use carrier bags ] [ F5 Carrier bags ] E+W+N.I. 5 [ F14 (1) ] " [ F10 Single use carrier bag ] [ F10 Carrier bag ] " has the meaning given by the regulations, which may define that term by reference (in particular) to- E+W+N.I. (a) a bag's size, thickness, construction, composition or other characteristics, [ F15 or ] (b) its intended use, [ F16 or (c) its price, ] or any combination of those factors. [ F17 (2) In this paragraph " price " means the price paid by a specified person, excluding any minimum charge that may be applicable by virtue of paragraph 4. ] 2014 (c. 7) , s. 1(a) . 6 para. 5 renumbered as Sch. 6 para. 5(1) (N.I.) (28.4.2014) by (Northern Ireland) 2014 (c. 7) , s. 6(2) F15 Word in Sch. 6 para. 5(1)(a) omitted (N.I.) (28.4.2014) by virtue of (Northern Ireland) 2014 (c. 7) , s. 6(3)(a) . 6 para. 5(1)(c) and preceding word inserted (N.I.) (28.4.2014) by (Northern Ireland) 2014 (c. 7) , s. 6(3)(b) F17 Sch. 6 para. 5(2) inserted (N.I.) (28.4.2014) by (Northern Ireland) 2014 (c. 7) , s. 6(4) Administration E+W+N.I. 6 (1) The regulations may appoint a person (an "administrator") to administer provision made by regulations under this Schedule. E+W+N.I. (2) More than one person may be appointed as administrator. (3) The regulations may confer or impose powers or duties on an administrator and may (in particular) do so- (a) by making modifications to any enactment applying to the administrator, or (b) by providing for any such enactment to apply, with or without modifications, for the purposes of regulations under this . (4) References in this to an administrator include a person appointed by an administrator. [ F18 Registration E+W+N.I. 6 para. 6A and cross-heading inserted (9.1.2022 for E.W., 28.2.2022 for N.I.) by Environment Act 2021 (c. 30) , ss. 56 , 147(2)(f) (6) (with s. 144 ); S.R. 2022/54 , art. 2(1)(h) 6A (1) This paragraph applies to regulations made by- E+W+N.I. (a) the Secretary of State, or (b) the Department of Agriculture, Environment and Rural Affairs in Northern Ireland. (2) The regulations may require sellers to register with an administrator. (3) The regulations may make provision- (a) about applications for registration, (b) about the period for which registration has effect, (c) about the cancellation of registration. (4) The regulations may require sellers to pay to the administrator, in connection with their registration, fees of an amount determined by, or by the administrator in accordance with, the regulations. (5) The regulations may provide for the amount of the fees to be such as to recover the costs incurred by the administrator in performing its functions under the regulations. ] Record-keeping and publication of records E+W+N.I. 7 (1) The regulations may require records to be kept relating to charges made for [ F5 single use carrier bags ] [ F5 carrier bags ] . E+W+N.I. (2) The regulations may require- (a) the records, or such other information as may be specified, to be ) by (Northern Ireland) 2014 (c. 7) , s. 7(2) . 6 para. 7(3A) inserted (E.W.) (15.2.2011) by (Wales) Measure 2010 (nawm 8) , ss. 1(3) , 21(2) Enforcement E+W+N.I. 8 (1) The regulations may confer or impose powers or duties on an administrator to enforce provision made by regulations under this Schedule. E+W+N.I.
(2) The regulations may (in particular) confer powers on an administrator to- (a) require the production of documents or the provision of information, [ F21 or ] [ F22 (aa) inspect, retain or copy such documents, or ] (b) question a seller or officers or employees of a seller. [ (2A) Regulations made by the Welsh Ministers may also confer powers on an administrator to question a person the administrator reasonably believes has ) by virtue of (Northern Ireland) 2014 (c. 7) , s. 7(3)(a) . 6 para. 8(2)(aa) inserted (N.I.) (28.4.2014) by (Northern Ireland) 2014 (c. 7) , s. 7(3)(b) . 6 para. 8(2A) inserted (E.W.) (15.2.2011) by (Wales) Measure 2010 (nawm 8) , ss. 1(4) , 21(2) . 6 para. 8(3) omitted (N.I.) (28.4.2014) by virtue of (Northern Ireland) 2014 (c. 7) , s. 7(3)(c) Part 2 E+W+N.I. Civil sanctions Civil sanctions E+W+N.I. 9 (1) The relevant national authority may make provision by regulations about civil sanctions for breaches of regulations under this Schedule. E+W+N.I. (2) For the purposes of this a person breaches regulations under this if, in such circumstances as may be specified, the person- (a) fails to comply with a requirement made by or under the regulations, or (b) obstructs or fails to assist an administrator. (3) In this " civil sanction " means- (a) a fixed monetary penalty (see paragraph 10), or (b) a discretionary requirement (see paragraph 12). Fixed monetary penalties E+W+N.I. 10 (1) The regulations may make provision conferring on an administrator the power by notice to impose a fixed monetary penalty on a person who breaches regulations under this Schedule. E+W+N.I. (2) The regulations may only confer such a power in relation to a case where the administrator is satisfied on the balance of probabilities that the breach has occurred. (3) For the purposes of this a "fixed monetary penalty" is a requirement to pay to an administrator a penalty of an amount specified in or determined in accordance with the regulations. (4) The regulations may not provide for the imposition of a fixed monetary penalty in excess of 5,000. Fixed monetary penalties: procedure E+W+N.I. 11 (1) Provision under paragraph 10 must secure that- E+W+N.I. (a) where an administrator proposes to impose a fixed monetary penalty on a person, the administrator must serve on that person a notice of what is proposed (a "notice of intent") that complies with sub-paragraph (2), (b) the notice of intent also offers the person the opportunity to discharge the person's liability for the fixed monetary penalty by payment of a specified sum (which must be less than or equal to the amount of the penalty), (c) if the person does not so discharge liability- (i) the person may make written representations and objections to the administrator in relation to the proposed imposition of the fixed monetary penalty, and (ii) the administrator must at the end of the period for making representations and objections decide whether to impose the fixed monetary penalty, (d) where the administrator decides to impose the fixed monetary penalty, the notice imposing it ("the final notice") complies with sub-paragraph (4), and (e) the person on whom a fixed monetary penalty is imposed may appeal against the decision to impose it. (2) To comply with this sub-paragraph the notice of intent must include information as to- (a) the grounds for the proposal to impose the fixed monetary penalty, (b) the effect of payment of the sum referred to in sub-paragraph (1)(b), (c) the right to make representations and objections, (d) the circumstances in which the administrator may not impose the fixed monetary penalty, (e) the period within which liability to the fixed monetary penalty may be discharged, which may not exceed the period of 28 days beginning with the day on which the notice of intent was ) by (Northern Ireland) 2014 (c. 7) , s. 8(2)(a) . 6 para. 24(6) omitted (N.I.) (28.4.2014) by virtue of (Northern Ireland) 2014 (c. 7) , s. 8(2)(b) Suspension E+W+N.I. 25 (1) Where provision has been made by a relevant national authority conferring power on an administrator to impose a civil sanction in relation to a breach of regulations under this , the authority may direct the administrator- E+W+N.I. (a) where the power is power to impose a fixed monetary penalty, not to serve any further notice of intent referred to in paragraph 11(1)(a) in relation to a breach of that kind, and (b) where the power is power to impose a discretionary requirement, not to serve any further notice of intent referred to in paragraph 13(1)(a) in relation to a breach of that kind. (2) The relevant national authority may only give a direction under sub-paragraph (1) in relation to a breach of regulations under this if it is satisfied that the administrator has failed on more than one occasion- (a) to comply with any duty imposed on it under or by virtue of this in relation to a breach of that kind, (b) to act in accordance with the guidance it has ) by (Northern Ireland) 2014 (c. 7) , s. 8(3) Payment of penalties into Consolidated Fund E+W+N.I. 26 (1) Where pursuant to any provision made under this an administrator receives- E+W+N.I. (a) a fixed monetary penalty, a variable monetary penalty or a non-compliance penalty under paragraph 14, (b) any interest or other financial penalty for late payment of such a penalty, or (c) a sum paid in discharge of liability to a fixed monetary penalty pursuant to paragraph 11(1)(b), the administrator must pay it into the relevant Fund. (2) In sub-paragraph (1) " relevant Fund " means- (a) in a case where the administrator has functions only in relation to Wales, the Welsh Consolidated Fund, (b) in a case where the administrator has functions only in relation to Northern Ireland, the and (c) in any other case, the Consolidated Fund. Part 3 E+W+N.I. Procedures applying to regulations Regulations made by a single authority E+W+N.I.
27 (1) This paragraph applies in relation to an instrument containing regulations under this made by a single national authority. E+W+N.I. (2) Where the instrument contains regulations that- (a) are to be made by 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 each House of Parliament. (3) Where the instrument contains regulations that- (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 relevant devolved legislature. (4) 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. (5) 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. (6) An instrument containing regulations made by the Department of the Environment in Northern Ireland 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. (7) Any provision that may be made by regulations subject to negative resolution procedure may be made by regulations subject to affirmative resolution procedure. Regulations made by two or more national authorities E+W+N.I. 28 (1) This paragraph applies in relation to an instrument containing regulations under this made or to be made by any two or more of- E+W+N.I. (a) the Secretary of State, (b) the Welsh Ministers, and (c) the Department of the Environment in Northern Ireland. (2) If any of the regulations are subject to affirmative resolution procedure, all of them are subject to that procedure. (3) Sub-paragraphs (2) to (6) of paragraph 27 apply to the instrument as they apply to an instrument containing regulations made by a single national authority. (4) If in accordance with that paragraph- (a) either House of Parliament resolves that an address be presented to 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 resolution and Her Majesty may by Order in Council revoke the instrument. (5) This is without prejudice to the validity of anything previously done under the instrument or to the making of a new instrument. (6) This paragraph applies in place of provision made by any other enactment about the effect of such a resolution. Hybrid instruments E+W+N.I. 29 E+W+N.I. If a draft of an instrument containing regulations under this would, apart from this paragraph, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not such an instrument. Section 78 SCHEDULE 7 U.K. Renewable transport fuel obligations Introductory U.K. 1 U.K. Chapter 5 of Part 2 of the Energy Act 2004 (c. 20) (renewable transport fuel obligations) is amended as follows. The Administrator U.K. For section 125 (the Administrator) substitute- " 125 Appointment of the Administrator (1) For the purposes of provision made by or under this Chapter, an RTF order may- (a) establish a body corporate, and (b) appoint that body as the Administrator. (2) An RTF order may- (a) make provision for the appointment of members of the body; (b) make provision in relation to the staffing of the body; (c) make provision in relation to the expenditure of the body; (d) make provision regulating the procedure of the body; (e) make any other provision that the Secretary of State considers appropriate for purposes connected with the establishment and maintenance of the body. (3) The provision that may be made by an RTF order by virtue of this section includes, in particular, provision conferring discretions on- (a) the Secretary of State; (b) the body itself; or (c) members or staff of the body. 125A General functions of the Administrator (1) An RTF order may- (a) confer or impose powers and duties on the Administrator for purposes connected with the implementation of provision made by or under this Chapter; (b) confer discretions on the Administrator in relation to the making of determinations under such an order and otherwise in relation to the Administrator's powers and duties; and (c) impose duties on transport fuel suppliers for purposes connected with the Administrator's powers and duties (including, in particular, duties framed by reference to determinations made by the Administrator). (2) It is the duty of the Administrator to promote the supply of renewable transport fuel whose production, supply or use- (a) causes or contributes to the reduction of carbon emissions, and (b) contributes to sustainable development or the protection or enhancement of the environment generally. 125B Functions of the Administrator: supplementary (1) The powers that may be conferred on the Administrator by virtue of section 125A(1) include, in particular- (a) power to require a transport fuel supplier to provide the Administrator with such information as the Administrator may require for purposes connected with the carrying out of the Administrator's functions; (b) power to impose requirements as to the form in which such information must be provided and as to the period within which it must be provided; (c) power to imposes charges of specified amounts on transport fuel suppliers.
(2) The Secretary of State may give written directions to the Administrator about the exercise of any power conferred on the Administrator by virtue of subsection (1)(a) or (b). (3) The power to give directions under subsection (2) includes power to vary or revoke the directions. (4) The Administrator must comply with any directions given under that subsection. (5) Sums to apply to the transfer. (7) Subject to subsection (8), an order under this section is subject to the negative resolution procedure. (8) The power to make an order under this section is subject to the affirmative resolution procedure if the order- (a) contains provision by virtue of subsection (2)(c), or (b) makes any modification of an enactment contained in- (i) an Act of Parliament, (ii) an Act of the Scottish Parliament, (iii) a Measure or Act of the National Assembly for Wales, or (iv) Northern Ireland legislation. " . Determination of amounts of transport fuel U.K. 3 U.K. In section 126 (determination of amounts of transport fuel), after subsection (4) insert- " (5) If an RTF order makes provision for the counting or determination of amounts of transport fuel for the purposes of provision made by or under this Chapter by reference to any document, it may provide for references to the document to have effect as references to it as revised or re-issued from time to time. (6) The Secretary of State may give written directions to the Administrator about the exercise of any of the Administrator's functions in connection with the counting or determination of amounts of transport fuel for the purposes of provision made by or under this Chapter. (7) The power to give directions under subsection (6) includes power to vary or revoke the directions. (8) The Administrator must comply with any directions given under that subsection. " . Discharge of obligation by payment U.K. 4 U.K. In section 128 (discharge of obligation by payment), for subsections (6) and (7) substitute- " (6) Where the Administrator is the Secretary of State- (a) sums . (2) Such information may be disclosed to- (a) the Administrator, or (b) an authorised person, for the purposes of or in connection with the Administrator's functions. (3) In this Chapter " authorised person " means a person who- (a) provides services to, or exercises functions on behalf of, the Administrator, and (b) is authorised by the Administrator to receive information to which this section applies. (4) The Administrator may authorise such a person to receive information to which this section applies either generally or for a specific purpose. 131B Further disclosure of information (1) This section applies to information disclosed under section 131A, other than information which is also provided to the Administrator or an authorised person otherwise than under that section. (2) Information to which this section applies may not be disclosed- (a) by the Administrator, (b) by an authorised person, or (c) by any other person who obtains it in the course of providing services to, or exercising functions on behalf of, the Administrator, except as permitted by the following provisions of this section. (3) Subsection (2) does not apply to a disclosure made- (a) by the Administrator to an authorised person, (b) by an authorised person to the Administrator, or (c) by an authorised person to another authorised person, for the purposes of, or in connection with, the discharge of the Administrator's functions. (4) Subsection (2) does not apply to a disclosure if it is- (a) authorised by an enactment, (b) made in pursuance of an order of a court, (c) made for the purposes of a criminal investigation or criminal proceedings (whether or not within the United Kingdom) relating to a matter in respect of which the Administrator has functions, (d) made for the purposes of civil proceedings (whether or not within the United Kingdom) relating to a matter in respect of which the Administrator has functions, (e) made with the consent of the Commissioners for Her Majesty's Revenue and Customs, or (f) made with the consent of each person to whom the information relates. 131C Wrongful disclosure (1) A person commits an offence if- (a) he discloses information about a person in contravention of section 131B(2), and (b) the person's identity is specified in the disclosure or can be deduced from it. (2) In subsection (1) " information about a person " means revenue and customs information relating to a person within the meaning of section 19(2) of the Commissioners for Revenue and Customs Act 2005 (wrongful disclosure). (3) It is a defence for a person charged with an offence under this section to prove that he reasonably believed- (a) that the disclosure was lawful, or (b) that the information had already and lawfully been made available to the public. (4) A person guilty of an offence under this section is liable- (a) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both, or (b) on summary conviction, to imprisonment for a term not exceeding twelve months or a fine not exceeding the statutory maximum or both. (5) A prosecution for an offence under this section- (a) may be brought in England and Wales only with the consent of the Director of Public Prosecutions; (b) may be brought in Northern Ireland only with the consent of the Director of Public Prosecutions for Northern Ireland. (6) In the application of this section- (a) in England and Wales, in relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003, or (b) in Northern Ireland, the reference in subsection (4)(b) to twelve months is to be read as a reference to six months. " . Interpretation U.K. 7 (1) Section 132(1) (interpretation of Chapter 5 of Part 2) is amended as follows. U.K. (2) For the definition of "Administrator" substitute- " " Administrator " means the person for the time being appointed as the Administrator by order under this Chapter; " .
(3) In the appropriate place insert- " " authorised person " has the meaning given by section 131A(3); " ; " " enactment " includes- (a) an enactment contained in subordinate legislation, (b) an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament, (c) an enactment contained in, or in an instrument made under, Northern Ireland legislation, and (d) an enactment contained in, or in an instrument made under, a Measure or Act of the National Assembly for Wales; " . (4) In section 196(1) of the Energy Act 2004 (c. 20) (general interpretation), in the definition of "enactment", after " "enactment" insert " (except in Chapter 5 of Part 2) " . Section 79 SCHEDULE 8 E+W+S Carbon emissions reduction targets Gas Act 1986 (c. 44) E+W+S 1 (1) Section 33BC of the Gas Act 1986 (promotion of reductions in carbon emissions: gas transporters and gas suppliers) is amended as follows. E+W+S (2) After subsection (1) insert- " (1A) The power to make orders under this section may be exercised so as to impose more than one carbon emissions reduction obligation on a person in relation to the same period or to periods that overlap to any extent. " . (3) In subsection (5) (provision that may be made by an order under section 33BC in relation to the obligations it imposes), after paragraph (b) insert- " (ba) requiring the whole or any part of a carbon emissions reductions target to be met by action relating to- (i) persons of a specified description, (ii) specified areas or areas of a specified description, or (iii) persons of a specified description in specified areas or areas of a specified description; " . (4) In subsection (13) (interpretation), at the appropriate place insert- " " specified " means specified in the order. " . Electricity Act 1989 (c. 29) E+W+S 2 E+W+S In section 6(9) of the Electricity Act 1989 (definition of "electricity distributor" and "electricity supplier"), at the appropriate place insert- " " electricity generator " means any person who is authorised by a generation licence to generate electricity except where that person is acting otherwise than for purposes connected with the carrying on of activities authorised by the licence; " . 3 (1) Section 41A of that Act (promotion of reductions in carbon emissions: electricity distributors and electricity suppliers) is amended as follows. E+W+S (2) In subsection (1) (power by order to impose obligations on distributors and suppliers to achieve carbon emissions reductions targets)- (a) before paragraph (a) insert- " (za) on each electricity generator (or each electricity generator of a specified description); " , and (b) in the closing words, before "distributor" insert " generator, " . (3) After that subsection insert- " (1A) The power to make orders under this section may be exercised so as to impose more than one carbon emissions reduction obligation on a person in relation to the same period or to periods that overlap to any extent. " . (4) In subsection (3) (power for order to specify criteria by reference to which the Gas and Electricity Markets Authority is to determine targets), before "electricity distributors" insert " electricity generators, " . (5) In subsection (4) (duty of the Secretary of State and the Authority to carry out functions under the section in a way that does not inhibit competition), for the words from "no electricity distributor" to the end of the subsection substitute " - (a) no electricity generator is unduly disadvantaged in competing with other electricity generators, (b) no electricity distributor is unduly disadvantaged in competing with other electricity distributors, and (c) no electricity supplier is unduly disadvantaged in competing with other electricity suppliers. " . (6) In subsection (5) (provision that may be made by an order in relation to the obligations it imposes)- (a) in paragraph (a), before "electricity distributors" insert " electricity generators, " , (b) after paragraph (b) insert- " (ba) requiring the whole or any part of a carbon emissions reductions target to be met by action relating to- (i) persons of a specified description, (ii) specified areas or areas of a specified description, or (iii) persons of a specified description in specified areas or areas of a specified description; " , (c) in paragraph (d), before "distributors" insert " generators, " , and (d) in paragraph (f), before "distributors" insert " generators, " . (7) In subsection (6) (power for order to authorise the Authority to require the provision of information), before "distributor" insert " generator, " . (8) In subsection (7)(d) (power for order to make provision for transfer of person's target to another distributor or supplier or to a gas transporter or supplier), before "electricity distributor" insert " electricity generator, " . (9) In subsection (8)(d) (power for order to make different provision in relation to different distributors or suppliers), before "distributors" insert " generators, " . (10) In subsection (11) (duty to consult before making order), before "electricity distributors" insert " electricity generators, " . (11) In subsection (13) (interpretation), at the appropriate place insert- " " specified " means specified in the order. " . (12) In the heading, before "electricity distributors" insert " electricity generators, " . 4 (1) Section 42AA of that Act (publication of statistical information about performance of suppliers and distributors) is amended as follows. E+W+S (2) In subsection (1) (duty of Gas and Electricity Consumer Council to publish information about performance and consumer complaints)- (a) in paragraph (a), before "electricity suppliers" insert " electricity generators, " , and (b) in paragraph (b), before "suppliers" insert " generators, " . (3) In subsection (2) (definition of "complaints"), before "electricity suppliers" insert " electricity generators, " . 5 E+W+S In section 64(1) of that Act (interpretation etc of Part 1), in the definition of "electricity distributor" and "electricity supplier", after " "electricity distributor" insert " , "electricity generator" .
Utilities Act 2000 (c. 27) E+W+S 6 (1) Section 103 of the Utilities Act 2000 (overall carbon emissions reduction targets) is amended as follows. E+W+S (2) In subsection (1)(b) (power by order to specify overall target for the promotion of measures mentioned in section 41A(2) of the 1989 Act), before "distributors" insert " generators, " . (3) After subsection (1) insert- " (1A) The power conferred by this section may be exercised so as to specify more than one overall target in relation to the same period or to periods that overlap to any extent. " . (4) In subsection (2)(b) (power for order to specify criteria for apportionment of overall target between electricity and gas sectors), before "electricity distributors" insert " electricity generators, " . (5) In subsection (4) (duty to consult before making order), before "electricity distributors" insert " electricity generators, " .