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Finance Act 2012

Schedule 31 – Climate change levy: climate change agreements

28.Paragraph 1 provides for the amendment of Schedule 6.

29.Paragraph 2 substitutes “Administrator” for “Secretary of State” in paragraphs 44(1)(a), (2A) and (2C) of Schedule 6 to ensure that the reduced rate of levy applies where the Administrator issues and varies certificates.

30.Paragraph 3 substitutes “Administrator” for “Secretary of State” in paragraph 45(1) of Schedule 6 to provide for the issue of variation certificates by the Administrator.

31.Paragraph 4 substitutes “Administrator” for “Secretary of State” in paragraphs 45B(2) and 45B(6) of Schedule 6 to provide for the Administrator to certify unsatisfactory progress towards meeting targets.

32.Paragraph 5 removes the words “with Secretary of State” in the heading before paragraph 47 of Schedule 6.

33.Paragraph 6 amends paragraph 47(1) of Schedule 6 to provide that direct agreements will be made with the Administrator rather than the Secretary of State and contain any terms required by regulations, and to provide that the Administrator will review targets seven-yearly or more frequently.

34.Paragraph 7 amends paragraph 48 of Schedule 6 to provide that where there is a combination of umbrella and underlying agreements under the CCA scheme, both kinds of agreements will be entered into with the Administrator, who will also review targets seven-yearly or more frequently. It also provides that the agreements must contain any terms required by regulations.

35.Paragraph 8 makes a number of consequential amendments to paragraph 49 of Schedule 6.

36.Paragraph 9 inserts the following new paragraphs into Schedule 6:

  • Paragraph 52A provides for one or more bodies to be appointed as the Administrator(s) of the scheme by regulations made by the Secretary of State.

  • Paragraph 52B provides for the Administrator to administer the scheme in accordance with paragraphs 44 to 52 of Schedule 6.

  • Paragraph 52C provides for the Administrator to charge fees, with the consent of the Secretary of State, to recover costs incurred in carrying out its administrative function.

  • Paragraph 52D provides for the Secretary of State to make regulations, give directions and issue guidance concerning the administration of the scheme.

  • Paragraph 52E provides for the regulations to specify the terms of the umbrella and underlying agreements under the CCA scheme and to provide for a buy-out fee to be paid to the Administrator to make up for a lack of satisfactory progress towards meeting targets.

  • Paragraph 52F provides for the regulations to give the Administrator the power to impose financial penalties for contravening a term of an agreement and to terminate agreements if the financial penalty is not paid or the contravention is not remedied. Any regulations made must also confer the right of appeal against decisions to impose penalties or to terminate agreements for failing to pay a penalty or failing to remedy a contravention. The paragraph also provides for regulations to give the Administrator the power to terminate an agreement in specified circumstances not involving a contravention of it.

37.Paragraph 10 amends paragraph 137 of Schedule 6 to add the Administrator of the scheme to the list persons to whom the Commissioners for Revenue and Customs can disclose information obtained or held by them in or in connection with the carrying out of their functions in relation to CCL.

38.Paragraph 11 provides for the changes contained in this Schedule to have no impact on CCAs entered into before the Finance Bill (FB) receives Royal Assent.

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