Climate Change Act 2008

48 Procedure for making regulations

(1) Before making regulations under this Part, a national authority must—

(a) obtain, and take into account, the advice of the Committee on Climate Change, and

(b) consult such persons likely to be affected by the regulations as the authority considers appropriate.

(2) In particular, before making regulations under this Part that set a limit on the total amount of the activities to which a trading scheme applies for a trading period or periods, a national authority must obtain, and take into account, the advice of the Committee on Climate Change on the amount of that limit.

(3) Regulations under this Part are subject to affirmative resolution procedure if they contain provision—

(a) setting up a trading scheme,

(b) extending the class of participants or activities to which a trading scheme applies,

(c) extending the duration of a trading scheme,

(d) making the overall requirements of a trading scheme significantly more onerous,

(e) conferring new powers to enforce the requirements of a trading scheme,

(f) imposing or providing for the imposition of new financial or other penalties or increasing the amount of existing financial penalties,

(g) creating an offence or increasing the penalties for an existing offence, or

(h) amending or repealing a provision of an enactment contained in primary legislation.

(4) Regulations under this Part are subject to affirmative resolution procedure if they are the first such regulations to contain provision under paragraph 31 of Schedule 2 (appeals).

(5) Other regulations under this Part are subject to negative resolution procedure.

(6) The relevant Northern Ireland department may only make regulations under this Part dealing with a reserved matter within the meaning of the Northern Ireland Act 1998 (c. 47) with the consent of the Secretary of State.