DOCSLIB.ORG

This Thesis Has Been Submitted in Fulfilment of the Requirements for a Postgraduate Degree (E.G

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
This Thesis Has Been Submitted in Fulfilment of the Requirements for a Postgraduate Degree (E.G This thesis has been submitted in fulfilment of the requirements for a postgraduate degree (e.g. PhD, MPhil, DClinPsychol) at the University of Edinburgh. Please note the following terms and conditions of use: This work is protected by copyright and other intellectual property rights, which are retained by the thesis author, unless otherwise stated. A copy can be downloaded for personal non-commercial research or study, without prior permission or charge. This thesis cannot be reproduced or quoted extensively from without first obtaining permission in writing from the author. The content must not be changed in any way or sold commercially in any format or medium without the formal permission of the author. When referring to this work, full bibliographic details including the author, title, awarding institution and date of the thesis must be given. Limits of Legislation as a Source of Law: An Historical and Comparative Analysis Jonathan Mark Horton QC PhD (Law) The University of Edinburgh 2015 Abstract We are habituated to an hyperactive legislature and the proliferation of legislation. The legislature hurtles along, causing Anglo-American legal systems to degenerate into massive, and often meaningless, contradictory or trivial blocks of rules and norms, and ones which are beyond the ordinary citizen or corporation to know and fully to meet. Legislation’s demands are ever-increasing: it grows in volume, in ambition, and it seems to recognise no end to its capacity and entitlement to regulate the most detailed, most banal or most technical of affairs. It has lost any means by which to prioritise those matters with which it ought concern itself. The situation has been brought about by conflating an authority which Parliament acquired in the 17th and 18th Centuries with the legislation it produces. I seek to separate the two and show that there is no justification for attributing to legislation such legitimacy and authority as Parliament as an institution acquired historically. But because legislation-making has been based upon this assumption, there is a loss when Parliament legislates hyperactively because there exist normative reasons why Parliament should perhaps not act in such an unrestrained manner, but ones which, partly owing to the underlying assumptions about the authority of legislation, remain unaddressed. For so long as those who would claim for Parliament an entitlement ambitiously to legislate and without restraint fail to confront these considerations, there remains a normative loss when Parliament legislates in the manner they would advocate. I seek to diagnose a presently less than fully justified conferral upon legislation of authority and an accompanying incompleteness in the arguments of those who would seek to justify an activist and ambitious role for Parliament via legislation. This is not to say that there is no justification for Parliament’s current disposition, but that the foundation upon which Parliament’s hyperactivity in legislation has been built is attended with a failure of those who advance such a position to confront and to meet arguments which run counter to that claim. 2 Lay Summary Much of the law now made is legislation. Other sources of law – or rules by which we live – are Court decisions and even customary ways of doing things. The amount of law making through legislation is a fairly new occurrence. Historically, the making of rules was an activity that was shared by different bodies, and it occurred in a much more diverse way. The amount and type of legislation means that Parliament has become hyperactive and that there is too much legislation. This can be problematic. There has come to be a massive body of rules. Not all of those rules have real and practical meaning, and they can be contradictory or even try to deal with topics that are trivial, or that citizens think are no business of government. Ordinary people often have trouble knowing all the rules that govern their life, their business, and their dealings with others. This is a problem if we are presumed to know what the law is and are to be held responsible as if we actually had that knowledge. One of the troubles with legislation in current times is that we lack any way of knowing when and when not to legislate. I show that to be the case here, and also that we need to begin thinking about what limits exist or should be put in place to keep legislation limited to the kinds of activities that it must deal with and that it can handle well. I do this by looking to: 1) how, historically, we came to tolerate such reliance upon legislation; 2) the relatively few limits that we presently recognise as limiting legislation; 3) what practical limits exist on legislation and how the Parliament itself has limitations; 4) how other sources of law (particularly the Common Law and customary law) can also do (and do well) some of what legislation tries to do; 5) understanding why, given the way we have looked at these matters historically, we think that legislation is an appropriate way to handle so many topics. I suggest that the scholars who favour unrestrained legislative activity have not fully justified the approach that they advocate because they have not answered some of the limits and weaknesses of popular assemblies and of legislation. 3 Declaration This thesis has been composed by me and is my own work. None of the work within it has been submitted for any other degree or professional qualification, with the exception of Chapter 4. Many of the ideas were the subject of a dissertation I submitted in 2011 for an LLM in the Philosophy and History of Law from Edinburgh University. That Chapter, in the form in which it appears in this work, is different in substance from my LLM dissertation. It was not, in that earlier form, tied to the wider arguments I have sought to advance as part of my PhD studies. Much of the text is different, as is the emphasis and overall object. Signed, J M Horton 9 June 2015 4 Table of Contents Introduction .............................................................................................................................. 7 Chapter 1 Parliament’s Rise and Reputation ...................................................................... 26 I Parliament’s rise 1603-1714: from King’s head Court to King-maker ....................... 29 II 18th Century Legislative Science ................................................................................. 52 Chapter 2 Doctrinal Limits ................................................................................................... 81 I Introduction ................................................................................................................. 81 II Sources of doctrinal limits .......................................................................................... 82 III Limits on the making of legislation ............................................................................ 85 Constitutionalism: ‘England will perish’ ............................................................... 85 Constitutionalism in British-derived systems ........................................................ 92 Australia ............................................................................................................ 93 Canada .............................................................................................................. 95 The United States .............................................................................................. 97 Consequences for legislation of Constitutionalism ........................................... 99 IV Limits on giving effect to legislation ........................................................................ 102 Division of labour ................................................................................................ 105 The Legislature’s Intent ....................................................................................... 109 The Legislature’s Intention: a problematic device ............................................... 114 Current trends....................................................................................................... 122 Common law as a rival to legislation? ................................................................. 133 V Legislative self-restraint? .......................................................................................... 135 Chapter 3 Limitations: Practical and Institutional ......................................................... 139 I Introduction ............................................................................................................... 139 II Popular assemblies: wise, dignified and more likely to get it right? ......................... 140 Waldron’s central thesis ....................................................................................... 141 Points of contention ............................................................................................. 146 III Practical Limitations ................................................................................................. 147 Legislation galore ................................................................................................. 148 Case study: external scrutiny of government bodies in Scotland ........................ 152 Cognoscibility? .................................................................................................... 155 Parliamentarians spread too thin .........................................................................
Load more

Recommended publications
  • Record of Proceedings
    ISSN 1322-0330 RECORD OF PROCEEDINGS Hansard Home Page: http://www.parliament.qld.gov.au/work-of-assembly/hansard Email: [email protected] Phone (07) 3553 6344 FIRST SESSION OF THE FIFTY-SIXTH PARLIAMENT Tuesday, 26 February 2019 Subject Page ASSENT TO BILLS ............................................................................................................................................................... 311 Tabled paper: Letter, dated 21 February 2019, from His Excellency the Governor to the Speaker advising of assent to certain bills on 21 February 2019. .................................................................... 311 REPORT................................................................................................................................................................................ 311 Auditor-General ................................................................................................................................................. 311 Tabled paper: Auditor-General of Queensland: Report to Parliament No. 13: 2018-19— Health: 2017-18 results of financial audits. ....................................................................................... 311 SPEAKER’S RULING ........................................................................................................................................................... 311 Irregularities in Petition ...................................................................................................................................
    [Show full text]
  • Scotland Act 2016 Is up to Date with All Changes Known to Be in Force on Or Before 22 July 2021
    Status: Point in time view as at 01/12/2017. This version of this Act contains provisions that are not valid for this point in time. Changes to legislation: Scotland Act 2016 is up to date with all changes known to be in force on or before 22 July 2021. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) Scotland Act 2016 2016 CHAPTER 11 An Act to amend the Scotland Act 1998 and make provision about the functions of the Scottish Ministers; and for connected purposes. [23rd March 2016] BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:— PART 1 CONSTITUTIONAL ARRANGEMENTS The Scottish Parliament and the Scottish Government 1 Permanence of the Scottish Parliament and Scottish Government In the Scotland Act 1998 after Part 2 (the Scottish Administration) insert— “PART 2A PERMANENCE OF THE SCOTTISH PARLIAMENT AND SCOTTISH GOVERNMENT 63A Permanence of the Scottish Parliament and Scottish Government (1) The Scottish Parliament and the Scottish Government are a permanent part of the United Kingdom's constitutional arrangements. (2) The purpose of this section is, with due regard to the other provisions of this Act, to signify the commitment of the Parliament and Government of the United Kingdom to the Scottish Parliament and the Scottish Government.
    [Show full text]
  • Analysis Survey of the Powers
    ANALYSIS SURVEY OF THE POWERS RETURNING FROM THE EU THAT INTERSECT WITH THE DEVOLUTION SETTLEMENT IN SCOTLAND 1 CONTENTS INTRODUCTION 3 AGRICULTURE 10 TRANSPORT 24 JUSTICE 28 ENVIRONMENT 60 ENERGY 91 HEALTH 96 EDUCATION 103 MISCELLANEOUS 104 LIST OF ACKNOWLEDGEMENTS 111 ANNEX – FOOD AND FEED LAW ANALYSIS PAPER 113 2 INTRODUCTION The UK’s exit from the EU is arguably the most significant constitutional development to affect the UK since 1945. Other changes including accession to the European Economic Community in 1972, the development of devolution to Scotland, Northern Ireland and Wales in the 1990s, the adoption of the Human Rights Act in 1998 and the creation of the Supreme Court in 2005 were important constitutional changes most of which affected the lives of many millions of people living across the UK. However the UK’s exit from the EU has so many significant aspects including economic, financial, legal, social, and cultural, which will affect many people living in the EU in some ways which are known and understood and in other ways which are currently unpredictable. Development of legislatures in the UK The Parliament of the United Kingdom is the product of the Acts of Union of 1706 and 1707. These united the Parliaments of the kingdoms of England (of which Wales was then part) and Scotland into the Parliament of the kingdom of Great Britain. There were then the Acts of Union of 1800 which united the Parliaments of Great Britain and Ireland into the Parliament of the United Kingdom of Great Britain and Ireland. After the creation of the Irish state in 1922, it became the Parliament of the United Kingdom of Great Britain and Northern Ireland.
    [Show full text]
  • Greener, Cheaper Explores Current Carbon Reduc'on Poli - N G
    P o l Tackling the threat from climate change is one of the most important tasks facing i c y E government. Yet in the context of a severe recession and public spending cuts, how x c h a can this best be achieved? Greener, Cheaper explores current carbon reduc'on poli - n g e Greener, cies, asking whether they are well-designed and how they could be improved. It finds significant complexity, overlap and wastefulness, and makes recommenda'ons to abolish, replace and reform key policies. Cheaper The report also contains radical proposals for introducing a carbon tax to price car - G r Contribu'ng authors Dr Robert McIlveen e e bon in the long term. It presents a case for taxes over carbon permits, dealing with n e r and Professor Dieter Helm , the poli'cal and prac'cal challenges of introducing a carbon tax. C h e a Edited by Dr Simon Less p e The recommenda'ons in this report propose a be(er way to deliver the ul'mate r goal of decarbonising the UK – Greener – at less cost – Cheaper . £10.00 ISBN: 978-1-906097-82-0 Policy Exchange Clutha House 10 Storey’s Gate London SW1P 3AY www.policyexchange.org.uk Greener, Cheaper Contributing authors Dr Robert McIlveen and Professor Dieter Helm Edited by Dr Simon Less Policy Exchange is an independent think tank whose mission is to develop and promote new policy ideas which will foster a free society based on strong communities, personal freedom, limited government, national self-confidence and an enterprise culture.
    [Show full text]
  • (Scotland) Act 2010 (Asp 1) Which Received Royal Assent on 5Th January 2010
    These notes relate to Arbitration (Scotland) Act 2010 (asp 1) which received Royal Assent on 5th January 2010 ARBITRATION (SCOTLAND) ACT 2010 —————————— EXPLANATORY NOTES INTRODUCTION 1. These Explanatory Notes have been prepared by the Scottish Government in order to assist the reader of the Act. They do not form part of the Act and have not been endorsed by the Parliament. 2. The Notes should be read in conjunction with the Act. They are not, and are not meant to be, a comprehensive description of the Act. So where a section or schedule, or a part of a section or schedule, does not seem to require any explanation or comment, none is given. BACKGROUND 3. Arbitration is a legal procedure where parties submit a dispute between them to a third party, who often has specialist expertise or knowledge, who will act as a private tribunal to produce a final and binding decision on the dispute. Some statutory regimes refer matters to arbitration, but for other cases by agreeing to go to arbitration the parties voluntarily deny themselves recourse to the courts or other methods of dispute resolution. The agreement to go to arbitration may be contained in a contract concluded between the parties possibly years before they come into dispute, or agreed in a submission when the dispute arises. 4. The arbitrator’s decision or “award” is final and binding without further court hearing of the issues. An award may be enforced like a court decree. Within countries which have ratified the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“the New York Convention”) or the 1961 Geneva Convention (European Convention on International Commercial Arbitration), agreements to arbitrate and awards made in other countries will be recognised with no need – in the case of most awards – for further review of the issues.
    [Show full text]
  • CARBON CAPTURE L E G a L P R OGRAMME Case Studies on the Implementation of Directive 2009/31/EC on the Geological Storage of Carbon Dioxide
    CARBON CAPTURE L E G A L P R OGRAMME Case studies on the implementation of Directive 2009/31/EC on the geological storage of carbon dioxide United Kingdom Chiara Armeni November 2011 UCL FACULTY OF LAWS UCL FACULTY THE ENVIRONMENT AND CENTRE FOR LAW www.ucl.ac.uk/cclp University College London Centre for Law and the Environment, Carbon Capture Legal Programme Copyright © 2011 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without prior permission of the UCL Carbon Capture Legal Programme. Acknowledgments: This report has been made possible through generous donations from Rio Tinto, Shell, Mitsui, Schlumberger, RPS and The Crown Estate. Foreword The CCLP EU Case Studies Project The Carbon Capture Legal Programme launched the 'EU Case Studies Project' in January 2010. The project analyses the implementation of Directive 2009/31/EC on the geological storage of carbon dioxide (‘CCS Directive’) in selected European jurisdictions - the United Kingdom, Germany, Poland, Romania, Spain and Norway. Each jurisdiction, for distinct reasons, provides an example of different approaches to the transposition and to CCS in general. The objective of the project is to identify some of the more subtle nuances in different legal cultures and to provide a better understanding of the rationale for national decisions in specific aspects of the implementation of the Directive. In particular, the focus is on those areas where the Directive leaves room for Member States' discretion or is ambiguous or silent.
    [Show full text]
  • BRITISH JOURNAL of AMERICAN LEGAL STUDIES VOLUME 2 - ISSUE 2 Fall 2013
    School of Law BRITISH JOURNAL OF AMERICAN LEGAL STUDIES VOLUME 2 - ISSUE 2 Fall 2013 ARTICLES The Anomaly of Executions: The Cruel and Unusual John D Bessler Punishments Clause in the 21st Century Law and the Lively Experiment in Colonial Rhode Island Scott D Gerber Beyond Sumptuary: Constitutionalism, Clothes and Ruthann Robson Bodies in Anglo-American Law, 1215-1789 Manipulating Public Law Favorability: Is It Really Brian Christopher Jones This Easy? Holding Corporations to Account: Crafting ATS Suits Simon Baughen in the UK? Environmental Claims and Insolvent Companies: Blanca Mamutse and The Contrasting Approaches of the United Kingdom Valerie Fogleman and the United States ISSN 2049-4092 (Print) School of Law BRITISH JOURNAL OF AMERICAN LEGAL STUDIES VOLUME 2 - ISSUE 2 Fall 2013 ARTICLES The Anomaly of Executions: The Cruel and Unusual Punishments Clause in the 21st Century John D Bessler ..................................................................................... 297 Law and the Lively Experiment in Colonial Rhode Island Scott D Gerber ..................................................................................... 453 Beyond Sumptuary: Constitutionalism, Clothes and Bodies in Anglo-American Law, 1215-1789 Ruthann Robson .................................................................................. 477 Manipulating Public Law Favorability: Is It Really This Easy? Brian Christopher Jones .................................................................... 511 Holding Corporations to Account: Crafting ATS Suits in
    [Show full text]
  • Climate Change Legislation in United Kingdom
    CLIMATE CHANGE LEGISLATION IN UNITED KINGDOM AN EXCERPT FROM The 2015 Global Climate Legislation Study A Review of Climate Change Legislation in 99 Countries Michal Nachmany, Sam Fankhauser, Jana Davidová, Nick Kingsmill, Tucker Landesman, Hitomi Roppongi, Philip Schleifer, Joana Setzer, Amelia Sharman, C. Stolle Singleton, Jayaraj Sundaresan and Terry Townshend www.lse.ac.uk/GranthamInstitute/legislation/ Climate Change Legislation – United Kingdom United Kingdom Legislative Process Parliament is the centre of the political system in the United Kingdom. It is the supreme legislative body and the government is drawn from and answerable to Parliament. Parliament is bicameral, consisting of the House of Commons and the House of Lords. Draft bills are issued for consultation before being formally introduced to Parliament. A bill is a proposal for a new law, or a proposal to change an existing law that is presented for debate before Parliament. Bills are introduced in either the House of Commons or House of Lords for examination, discussion and amendment. When both Houses have agreed on the content of a bill, it is presented to the monarch for Royal Assent. Once Royal Assent is given, a bill becomes an Act of Parliament and is law. An Act of Parliament creates a new law or changes an existing law. Government White Papers set out details of future policy on a particular subject. They allow the government to gather feedback before it formally presents the policies as a bill. The last general election was in 2010. The next election is scheduled to take place on 7 May 2015. Seats in the House of Lords are unelected appointments, and are a mix of lifetime appointments and hereditary peerages.
    [Show full text]
  • ECO, the Energy Company Obligation
    BRIEFING PAPER Number CBP 06814, 29 March 2017 ECO, the Energy By David Hough Company Obligation Inside: 1. Background – Brief history of energy supplier obligations 2. The Energy Company Obligation (ECO) 3. Progress of ECO 4. Evaluation of ECO 5. Devolved administrations 6. Annex 1: Affordable Warmth qualifying criteria 7. Annex 2: Legislating for the Energy Company Obligation (ECO) www.parliament.uk/commons-library | intranet.parliament.uk/commons-library | [email protected] | @commonslibrary Number CBP 06814, 29 March 2017 2 Contents Summary 3 The Energy Company Obligation (ECO) 3 Recent changes 3 1. Background – Brief history of energy supplier obligations 5 1.1 Labour Government 5 1.2 Coalition Government 6 1.3 Conservative Government 7 2. The Energy Company Obligation (ECO) 10 2.1 ECO up to March 2017 (ECO 2) 10 ‘Affordable Warmth’ (AW) 10 The Carbon Saving Obligation (CSO) 11 Carbon Saving Communities (CSC) 11 ECO points 12 2.2 ECO April 2017 to September 2018 (ECO 3) 12 3. Progress of ECO 15 3.1 ECO measures installed 15 4. Evaluation of ECO 17 Assessments of ECO 17 5. Devolved administrations 20 5.1 Scotland 20 Scotland Act 20 Energy efficiency policy 20 Energy Standards in Building Regulations 21 5.2 Wales 21 Building Regulations 23 5.3 Northern Ireland 23 6. Annex 1: Affordable Warmth qualifying criteria 24 6.1 Introduction 24 6.2 Qualifying criteria up to March 2017 24 6.3 Qualifying criteria from April 2017 until September 2018 26 7. Annex 2: Legislating for the Energy Company Obligation (ECO) 27 7.1 ECO – first phase - including ECO 1 27 Energy Act 2011 27 Consultation and implementing Regulations 27 Changes made as a result of the consultation 28 7.2 ECO – second phase (ECO 2) 29 Consultation - 2014 29 Implementation - 2014 29 7.3 ECO – third phase (ECO 3) 30 Implementation – 2017 (ECO 3) 30 Contributing Authors: Jeanne Delebarre Attributed to: Radiator by Adem Djemil.
    [Show full text]
  • Scotland Bill
    Scotland Bill EXPLANATORY NOTES Explanatory notes to the Bill, prepared by the Scotland Office, are published separately as Bill 3—EN. EUROPEAN CONVENTION ON HUMAN RIGHTS Secretary David Mundell has made the following statement under section 19(1)(a) of the Human Rights Act 1998: In my view the provisions of the Scotland Bill are compatible with the Convention rights. Bill 3 56/1 Scotland Bill CONTENTS PART 1 CONSTITUTIONAL ARRANGEMENTS The Scottish Parliament and the Scottish Government 1 The Scottish Parliament and the Scottish Government The Sewel convention 2The Sewel convention Elections etc 3 Elections 4 Power to make provision about elections 5 Timing of elections 6 Electoral registration: the digital service 7 Expenditure in connection with elections 8 Review of electoral boundaries by the Local Government Boundary Commission for Scotland 9 Minor and consequential amendments: elections etc Legislation by the Parliament 10 Super-majority requirement for certain legislation 11 Scope to modify the Scotland Act 1998 PART 2 TAX Income tax 12 Power of Scottish Parliament to set rates of income tax 13 Amendments of Income Tax Act 2007 14 Consequential amendments: income tax Bill 3 56/1 ii Scotland Bill Value added tax 15 Assignment of VAT Devolved taxes 16 Tax on carriage of passengers by air 17 Tax on commercial exploitation of aggregate 18 Devolved taxes: further provision PART 3 WELFARE BENEFITS AND EMPLOYMENT SUPPORT Welfare benefits 19 Disability, industrial injuries and carer’s benefits 20 Benefits for maternity, funeral and heating
    [Show full text]
  • Energy Act 2011
    Energy Act 2011 CHAPTER 16 CONTENTS PART 1 ENERGY EFFICIENCY CHAPTER 1 GREEN DEAL Introductory 1 Green deal plans 2 Green deal plans: supplementary 3 Framework regulations Green deal plan 4 Assessment of property etc 5 Terms of plan etc 6 Consents and redress etc 7 Installation of improvements 8 Confirmation of plan 9 Confirmation of plan: supplementary provision for England and Wales 10 Confirmation of plan: supplementary provision for Scotland 11 Updating information produced under section 8 Disclosure of green deal plan etc 12 Disclosure of green deal plan etc in connection with sale or letting out 13 Disclosure of green deal plan in connection with other transactions etc 14 Acknowledgment of green deal plan on sale or letting out 15 Acknowledgment of green deal plan in connection with other transactions etc 16 Sanctions for non-compliance with obligations under sections 12 to 15 ii Energy Act 2011 (c. 16) Modifying energy licences 17 Power to modify energy licences in connection with green deal payments 18 Power to modify energy supply licences to make provision as to default in green deal payments 19 Power to modify energy supply licences to require provision of information 20 Power to modify energy supply licences to make provision as to consumer protection 21 Powers under sections 17 to 20: consultation 22 Powers under sections 17 to 20: supplementary Gas and electricity codes 23 Recovering green deal payments: gas suppliers 24 Recovering green deal payments: electricity suppliers Modifying consumer credit legislation 25 Exemption
    [Show full text]
  • DPRR/13-14/15 ENERGY BILL Memorandum From
    DPRR/13-14/15 ENERGY BILL Memorandum from DECC to the Delegated Powers and Regulatory Reform Select Committee INTRODUCTION 1. This Memorandum identifies the provisions in the Energy Bill which confer power to make delegated legislation. It explains the purpose of the delegated power proposed; why the matter is to be dealt with in delegated legislation; and the nature and justification for any parliamentary procedures that are proposed. 2. Most of the delegated powers are to be exercised by the Secretary of State by statutory instrument. The Bill also confers powers on the system operator. 3. The Bill contains 71 individual provisions for delegated legislation. The Annex provides a reference for all delegated powers in the Bill. 4. The descriptions of the powers are arranged in the order that they appear in the Bill. 5. For reference, Ofgem is the Office of the Gas and Electricity Markets Authority. References to “Authority” in this document refer to the Gas and Electricity Markets Authority by which Ofgem is governed. PROVISIONS FOR DELEGATED LEGISLATION PART 1 – Decarbonisation Clause 1: Power to set or amend a decarbonisation order in relation to a year (“a decarbonisation order”) Power conferred on: Secretary of State Power exercised by: Order Parliamentary procedure: Affirmative Resolution 6. Part 1 of the Bill, added at Committee stage in the House of Commons, places duties and confers powers on the Secretary of State in relation to the carbon intensity of electricity generation in Great Britain. The Secretary of State is given the power to set a decarbonisation target range in respect of a year by order (clause 1(2)), and a duty to ensure that the carbon intensity of electricity generation in Great Britain does not exceed the upper limit of the range (clause 1(1)).
    [Show full text]