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) " .