Office of Public Sector Information
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), after paragraph 21 there is inserted—
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;
(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 scheme).
(2) In this paragraph “trading scheme” means a scheme of the kind mentioned in paragraph 1(3).”
(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—
“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 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).
(1) Sections 1 to 3, 17, 31, 32(12), 35(b) and 39 come into force on such day as the Secretary of State may by order appoint.
(2) Sections 4, 5, 9 and 10 come into force—
(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 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 18 comes into force on such day as the Scottish Ministers may by order appoint.
(4) Sections 19 and 35(c) come into force on such day as the National Assembly for Wales may by order appoint.
(5) Section 20 comes into force on such day as the Department of the Environment may by order appoint.
(6) Section 32(1) to (9) comes into force at the end of the period of two months beginning with the day on which this Act is passed.
(7) Section 35(a) comes into force—
(a) in relation to England, on such day as the Secretary of State may by order appoint;
(b) in relation to Wales, on such day as the National Assembly for Wales may by order appoint.
(8) Any power under this section to appoint a day includes power to appoint different days for different purposes.
(9) 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.
(10) Any power to make an order under this section is exercisable by statutory instrument, subject to subsection (11).
(11) 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)).
(1) Subject to the following provisions, this Act extends to England and Wales, Scotland and Northern Ireland.
(2) Sections 17, 19, 29 to 31, 32(1) to (11), 33, 34 and 35(a) and (c) extend only to England and Wales.
(3) Section 18 extends only to Scotland.
(4) Section 20 extends only to Northern Ireland.
(5) Sections 32(12), 35(b) and 38 extend only to England and Wales, and Scotland.
This Act may be cited as the Waste and Emissions Trading Act 2003.
Waste and Emissions Trading Act 2003