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.