SCHEDULES

SCHEDULE 1 Particular purposes for which provision may be made under section 2

Part II Supplementary provisions

Particular types of pollution

21

The regulations may provide for specified provisions of the regulations to have effect in relation only to such environmental pollution as is specified.

F1Emissions quota trading schemes: penalties

Annotations:
Amendments (Textual)
F1

Sch. 1 para. 21A and preceding cross-heading inserted (13.11.2003) by Waste and Emissions Trading Act 2003 (c. 33), ss. 38, 40

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).

Determination of matters by regulators

22

The regulations may make provision for anything which, by virtue of paragraphs 5 to 8, could be provided for by the regulations to be determined under the regulations by regulators.

Imposition of conditions

23

In connection with the determination of conditions as mentioned in paragraph 6(3)(a) the regulations may in particular provide—

a

for such conditions to be determined in the light of any specified general principles and any directions or guidance given under the regulations;

b

for such guidance to include guidance sanctioning reliance by a regulator on any arrangements referred to in the guidance to operate to secure a particular result as an alternative to imposing a condition.

Charging schemes

24

The regulations may—

a

require any such scheme as is mentioned in paragraph 9F2, 9A or 10 to be so framed that the fees and charges payable under the scheme are sufficient, taking one year with another, to cover such expenditure (whether or not incurred by the regulator or other person to whom they are so payable) as is specified;

b

authorise any such scheme to make different provision for different cases (and specify particular kinds of such cases).

Offences

25

1

The regulations may provide for any such offence as is mentioned in paragraph 17 to be triable—

a

only summarily; or

b

either summarily or on indictment.

2

The regulations may provide for such an offence to be punishable—

a

on summary conviction by—

i

imprisonment for a term not exceeding such period as is specified (which may not exceed F3six monthsF312 months), or

ii

a fine not exceeding such amount as is specified (which may not exceed F4£20,000F4£50,000F5£40,000),

or both; or

b

on conviction on indictment by—

i

imprisonment for a term not exceeding such period as is specified (which may not exceed five years), or

ii

a fine,

or both.

Interpretation

26

In this Schedule—

  • “functions” includes powers and duties;

  • “the regulations” means regulations under section 2;

  • “specified” means specified in regulations under that section.