Part 3Trading schemes

Authorities and regulations

48Procedure 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.