Moved by
Baroness Jones of Moulsecoomb
16: After Clause 2, insert the following new Clause—
“Amending the pollutants and limits in Schedules 1 to 4
(1) Following the receipt of advice under section 2, the Secretary of State must lay before Parliament a draft statutory instrument containing an order amending Schedules 1 to 4 to include additional pollutants (and their limit values which may be zero) and to lower any limits.
(2) Following the publication of new guidance by the WHO, Inter Governmental Panel on Climate Change (IPCC) and UNECE, the Secretary of State may lay before Parliament a draft statutory instrument containing an order amending Schedules 1 to 4 to include additional pollutants (and their limit values which may be zero) and to lower any limits.
(3) Before laying before Parliament a draft of a statutory instrument containing an order under subsection (1), the Secretary of State must take into account—
(a) the advice received from under section 2(3) and (10);
(b) revised guidance and good practice statements from the WHO, IPCC and UNECE; and
(c) the precautionary principle.
(4) In case of conflict between the advice received under section 2(3) and (10) and guidance and good practice statements under subsection (3)(b), any additional pollutants should be listed and the lower limit values should be adopted.
(5) If the order makes provision different from that recommended by the CCCA or the CCC or the guidance or good practice statements of the WHO, IPCC or UNECE the Secretary of State must also publish a statement setting out the reasons for that decision.
(6) A statement under this section may be published in such manner as the Secretary of State thinks fit.
(7) A statutory instrument containing an order under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
(8) Where Schedules 1 to 4 are amended and a new pollutant limit is added or a limit is reduced in accordance with, but after the commencement of all sections of, this Act the new or amended limit will take effect after a period of 12 months, beginning with the date on which the relevant amending regulations come into force.”
Member’s explanatory statement
This amendment would replace certain provisions formerly within Clause 2. It would establish a process for amending the pollutants and limits in Schedules 1 to 4 based on advice to the Secretary of State and subject to the approval of a resolution of each House of Parliament, in response to recommendations from the Delegated Powers and Regulatory Reform Committee.