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25 Penalties under Chapter 1: general | |
(1) Where a waste disposal authority in an allocating authority’s area is liable to a | |
penalty under this Chapter— | |
(a) the amount of the penalty is that specified by, or calculated under, | |
regulations made by the allocating authority under subsection (3); | 5 |
(b) the penalty, and any interest on it, is to be paid to the allocating | |
authority; and | |
(c) the allocating authority may— | |
(i) extend the time for paying the whole or part of the penalty or | |
any interest on it; | 10 |
(ii) relieve the waste disposal authority, in whole or in part, from | |
liability to the penalty or any interest on it. | |
(2) Relief under subsection (1)(c) may be given— | |
(a) in respect of an amount after (as well as before) it becomes due; | |
(b) in a particular case or in cases of a particular description; | 15 |
(c) unconditionally or subject to conditions. | |
(3) An allocating authority may, as regards penalties under this Chapter to which | |
waste disposal authorities in its area are liable, by regulations— | |
(a) make provision specifying the amounts of penalties or rules for | |
calculating their amounts; | 20 |
(b) make provision as to when payments in respect of penalties are due; | |
(c) make provision for interest where payments in respect of penalties are | |
due but unmade; | |
(d) make provision for recovering or setting off, and securing, unpaid | |
amounts in respect of penalties or interest. | 25 |
(4) Provision under subsection (3) relating to supplementary penalties under | |
section 8(3) in respect of waste sent to landfills in a target year may be made | |
after the end of that year. | |
26 Regulations under Chapter 1: procedural provisions | |
(1) A statutory instrument containing regulations under this Chapter made by the | 30 |
Secretary of State shall be subject to annulment in pursuance of a resolution of | |
either House of Parliament. | |
(2) Subsection (1) does not apply to regulations under section 1 or 2. | |
(3) A statutory instrument containing regulations under this Chapter made by the | |
Scottish Ministers shall be subject to annulment in pursuance of a resolution of | 35 |
the Scottish Parliament. | |
(4) Regulations under this Chapter made by the Department of the Environment | |
shall be subject to negative resolution within the meaning of section 41(6) of the | |
Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)). | |
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Chapter 2 | |
Waste management in Wales | |
27 Municipal waste management strategies | |
(1) The National Assembly for Wales may by regulations make provision for | |
requiring a local authority to have for its area a strategy for the management of | 5 |
waste. | |
(2) Regulations under subsection (1) may (in particular)— | |
(a) specify matters to be addressed by a strategy; | |
(b) specify wastes to which a strategy is to relate; | |
(c) make provision about policies to be included in a strategy; | 10 |
(d) make provision in connection with review or revision of a strategy; | |
(e) make provision for consultation, or about other procedural matters, in | |
connection with the formulation of policy for the purposes of a | |
strategy; | |
(f) make provision for requiring the preparation of statements setting out | 15 |
policies formulated for the purposes of a strategy; | |
(g) make provision about the contents of such statements, including | |
provision for requiring a local authority to set out in such a statement | |
the content of its waste recycling plan; | |
(h) make provision about the form of such statements; | 20 |
(i) make provision for publicising such statements once prepared, for | |
publishing them, for sending copies of them to persons specified in the | |
regulations and for public inspection of them; | |
(j) make provision for the supply of copies of such statements, including | |
provision for the payment of reasonable charges; | 25 |
(k) make provision for requiring a local authority, when formulating | |
policy for the purposes of a strategy or preparing such a statement, to | |
have regard to guidance (including future guidance); | |
(l) make provision modifying or disapplying provisions of section 49 of | |
the Environmental Protection Act 1990 (c. 43) (duty to make waste | 30 |
recycling plan) so far as having effect in relation to a local authority that | |
includes the content of its recycling plan in such a statement; | |
(m) make provision about when duties imposed by the regulations are to be | |
performed, including provision for duties to be performed by times | |
specified in directions given by the Assembly. | 35 |
(3) In this section— | |
(a) “local authority” means a county council, or county borough council, in | |
Wales, and | |
(b) references to the content of a local authority’s waste recycling plan are | |
to the content of the statement prepared by it under section 49(1)(c) of | 40 |
the Environmental Protection Act 1990, read with any modifications | |
under section 49(1)(e) of that Act. | |
28 Provision of information about waste by local authorities | |
(1) The National Assembly for Wales may by regulations make provision | |
requiring a local authority to provide the Assembly with information— | 45 |
(a) of a description specified by the regulations, and | |
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(b) relating to, or to a description of, waste that is or has been in, or may or | |
will come into, the authority’s area. | |
(2) Regulations under subsection (1) may— | |
(a) make provision in connection with the collection, verification or | |
certification of information whose provision is required by such | 5 |
regulations; | |
(b) make provision about the form in which, and the means by which, | |
information is to be provided; | |
(c) make provision about when duties imposed by the regulations are to be | |
performed, including provision for duties to be performed by times | 10 |
specified in directions given by the Assembly. | |
(3) In this section “local authority” means a county council, or county borough | |
council, in Wales. | |
Chapter 3 | |
General | 15 |
29 Regulations under Part 1 | |
(1) Any power to make regulations under this Part includes— | |
(a) power to make different provision for different cases, and | |
(b) power to make incidental, supplementary, consequential or | |
transitional provision or savings. | 20 |
(2) Any power to make regulations under this Part is exercisable by statutory | |
instrument, subject to subsection (3). | |
(3) Any power of the Department of the Environment to make regulations under | |
this Part is exercisable by statutory rule for the purposes of the Statutory Rules | |
(Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)). | 25 |
30 Meaning of “waste” in Part 1 | |
(1) In this Part “waste” means anything that— | |
(a) is waste for the purposes of the Waste Directive, and | |
(b) is not excluded from the scope of that Directive by Article 2 of that | |
Directive. | 30 |
(2) For the purposes of this section “the Waste Directive” means Council Directive | |
75/442/EEC as amended by— | |
(a) Council Directives 91/156/EEC and 91/692/EEC, and | |
(b) Commission Decision 96/350/EC. | |
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Part 2 | |
Trading of emissions quotas | |
31 Pollution regulations: emissions trading schemes | |
In Schedule 1 to the Pollution Prevention and Control Act 1999 (c. 24) | |
(purposes for which provision may be made by regulations under section 2), | 5 |
after paragraph 21 there is inserted— | |
“Emissions quota trading schemes: penalties | |
21A (1) The regulations may authorise the inclusion in a trading scheme of— | |
(a) provision for penalties in respect of contraventions of | |
provisions of the scheme; | 10 |
(b) provision for the amount of any penalty under the scheme to | |
be such as may be set out in, or calculated in accordance | |
with— | |
(i) the scheme, or | |
(ii) the regulations (including regulations made after the | 15 |
scheme). | |
(2) In this paragraph “trading scheme” means a scheme of the kind | |
mentioned in paragraph 1(3).” | |
32 Penalty provisions of the UK Greenhouse Gas Emissions Trading Scheme | |
2002 | 20 |
(1) If incorporated in a participation agreement, the penalty provisions of the | |
Scheme shall have statutory effect between the parties to the agreement. | |
(2) Subsection (1) applies in relation to agreements entered into before, as well as | |
in relation to agreements entered into after, this section comes into force. | |
(3) In that subsection— | 25 |
“participation agreement” means an agreement that has the effect that a | |
person is a participant in the Scheme; | |
“penalty provisions” means provisions for penalties for non-compliance | |
with the Scheme; | |
“the Scheme” means the UK Greenhouse Gas Emissions Trading Scheme | 30 |
2002 (which was made on behalf of the Secretary of State on 8th March | |
2002) as amended from time to time (whether before or after this section | |
comes into force). | |
Part 3 | |
General | 35 |
33 Commencement | |
(1) Sections 1 to 3, 16 and 32 come into force on such day as the Secretary of State | |
may by order appoint. | |
(2) Sections 4, 5, 8 and 9 come into force— | |
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(a) in relation to England, on such day as the Secretary of State may by | |
order appoint; | |
(b) in relation to Scotland, on such day as the Scottish Ministers may by | |
order appoint; | |
(c) in relation to Wales, on such day as the National Assembly for Wales | 5 |
may by order appoint; | |
(d) in relation to Northern Ireland, on such day as the Department of the | |
Environment may by order appoint. | |
(3) Section 17 comes into force on such day as the Scottish Ministers may by order | |
appoint. | 10 |
(4) Section 18 comes into force on such day as the National Assembly for Wales | |
may by order appoint. | |
(5) Section 19 comes into force on such day as the Department of the Environment | |
may by order appoint. | |
(6) Any power under this section to appoint a day includes power to appoint | 15 |
different days for different purposes. | |
(7) A person who has power under this section to appoint a day for the coming | |
into force of a provision may by order make in connection with the coming into | |
force of that provision such transitional provision as the person considers | |
necessary or expedient. | 20 |
(8) Any power to make an order under this section is exercisable by statutory | |
instrument, subject to subsection (9). | |
(9) Any power of the Department of the Environment to make an order under this | |
section is exercisable by statutory rule for the purposes of the Statutory Rules | |
(Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)). | 25 |
34 Extent | |
(1) Subject to the following provisions, this Act extends to England and Wales, | |
Scotland and Northern Ireland. | |
(2) Sections 16, 18, 27 and 28 extend only to England and Wales. | |
(3) Section 17 extends only to Scotland. | 30 |
(4) Section 19 extends only to Northern Ireland. | |
(5) Section 31 extends only to England and Wales, and Scotland. | |
35 Short title | |
This Act may be cited as the Waste and Emissions Trading Act 2003. | |
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Waste and Emissions Trading Bill [HL] | |
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A | |
Bill | |
To Make provision about waste and about penalties for non-compliance with | |
schemes for the trading of emissions quotas. | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | Ordered to be Printed, 14th November 2002 | | |
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