House of Commons Amendments

Session 2010 - 12
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Other Bills before Parliament

Notices of Amendments: 2 June 2011
37

Energy Bill-[ [], continued

“submarine pipeline” has the same meaning as in Part 4 of the Petroleum

Act 1998 (see section 45 of that Act).”

(3)
In the cross heading before section 30, for “installations” substitute

“infrastructure”.

(4)
In section 30 (abandonment of installations)—

(a)
in subsection (1) (application of Part 4 of Petroleum Act 1998 in relation

to abandonment of carbon storage installations)—

(i)
for ““the 1998 Act”” substitute “referred to in this section and

sections 30A and 30B as “the 1998 Act””, and

(ii)
at the end insert “and section 30A”,

(b)
after subsection (4) (power to make regulations modifying Part 4 of the

1998 Act in its application to carbon storage installations) insert—

“(4A)
The power in subsection (4) is subject to section 30A.”, and

(c)
in subsection (5) (meaning of “carbon storage installation”) after “this

section” insert “and section 30A”.

(5)
In section 105(2) (parliamentary control of subordinate legislation), after

paragraph (a) insert—

“(aa)
an order which contains provision made under section 30A or

30B only (powers to designate installations and submarine

pipelines as eligible CCS installations and eligible CCS

pipelines);”.’.

Carbon dioxide pipelines: powers of compulsory acquisition

Mr Gregory Barker

NC14


To move the following Clause:—

‘(1)
The Pipe-lines Act 1962 is amended as follows.

(2)
In section 12 (orders for compulsory acquisition of rights over land for pipe-line

construction)—

(a)
in subsection (1), for “the next following section” substitute “section 13”;

(b)
in subsections (2), (4), (5)(a) and (b), (5A) (in both places), (6) and (7),

after “a compulsory rights order” insert “under this section”;

(c)
in subsection (3), after “compulsory rights orders” insert “under this

section”.

(3)
After section 12 insert—

“Pipe-lines for Conveying Carbon Dioxide: Compulsory Acquisition of Rights

over Land

12A
Orders for compulsory acquisition of rights over land: pipe-lines for

conveying carbon dioxide

(1)
This section applies in relation to a pipe-line (or a length of a pipe-line)

that is intended to be converted into a pipe-line (or length) used for

conveying carbon dioxide.

Notices of Amendments: 2 June 2011
38

Energy Bill-[ [], continued

(2)
The owner of the pipe-line may apply to the Secretary of State for an

order under subsection (3) in relation to land in which the pipe-line (or a

length of the pipe-line) is situated.

(3)
An order under this subsection is an order authorising the owner of the

pipe-line to do one or more of the following—

(a)
to use the pipe-line (or length of the pipe-line) in the land

described in the order to convey carbon dioxide;

(b)
to execute pipe-line works in the land which are necessary in

consequence of the presence of the pipe-line (or length) in the

land;

(c)
to execute pipe-line works in the land to enable the pipe-line (or

length) to be used to convey carbon dioxide or in consequence of

its use to convey carbon dioxide;

(d)
to exercise, in relation to the pipe-line (or length), such of the

rights mentioned in Schedule 4 as may be specified in the order.


An order under this subsection is referred to in this Act as a “compulsory

rights order”.

(4)
A compulsory rights order under this section may be made subject to

conditions (see section 13).

(5)
On receiving an application under subsection (2), the Secretary of State

may grant or refuse the application.

(6)
Part 1 of Schedule 2, as modified by Part 2 of that Schedule, has effect in

relation to applications for compulsory rights orders under this section.

(7)
A compulsory rights order under this section enures for the benefit of the

owner for the time being of the pipe-line.

(8)
The Secretary of State may by order revoke a compulsory rights order

under this section, in whole or in part, if—

(a)
the pipe-line (or length of the pipe-line) is diverted from the land

described in the order,

(b)
the pipe-line (or length) is abandoned,

(c)
the pipe-line (or length) ceases to be used to convey carbon

dioxide, or

(d)
the owner of the pipe-line makes an application for the

revocation of the order.

(9)
A compulsory rights order under this section does not affect any right

over the land described in the order that would not have been affected had

the land been compulsorily purchased by virtue of a compulsory

purchase order.

(10)
A compulsory rights order under this section does not authorise the

disregard of any enactment or of any instrument having effect by virtue

of any enactment.

(11)
A compulsory rights order under this section is not to be taken to confer

a right of support for the pipeline (or length of pipeline).

(12)
A compulsory rights order under this section is to be subject to special

parliamentary procedure.

(13)
For the purposes of this section, “carbon dioxide” includes any substance

consisting primarily of carbon dioxide.

Notices of Amendments: 2 June 2011
39

Energy Bill-[ [], continued

Compulsory Rights Orders under Sections 12 and 12A: Supplementary

Provisions”.

(4)
In section 66 (general interpretation provisions), in subsection (1), in the

definition of “compulsory rights order”, for “subsection (1) of section twelve”

substitute “sections 12(1) and 12A(2)”.

(5)
In Schedule 2—

(a)
in the shoulder reference, after “12,” insert “12A,”;

(b)
in paragraph 10(1), for “subsection (3) of section twelve of this Act”

substitute “sections 12(3) and 12A(4)”.

(6)
In Schedule 4, in the shoulder reference, for “Section 12” substitute “Sections 12

and 12A”.’.

Renewable heat incentives in Northern Ireland

Mr Gregory Barker

NC15


To move the following Clause:—

‘(1)
The Department of Enterprise, Trade and Investment may make regulations—

(a)
establishing a scheme to facilitate and encourage renewable generation

of heat in Northern Ireland, and

(b)
about the administration and financing of the scheme.

(2)
Regulations under this section may, in particular—

(a)
make provision for the Department or NIAUR to make payments, or to

require designated fossil fuel suppliers to make payments, in specified

circumstances, to—

(i)
the owner of plant used or intended to be used for the renewable

generation of heat, whether or not the owner is also operating or

intending to operate the plant;

(ii)
a producer of biogas or biomethane;

(iii)
a producer of biofuel for generating heat;

(b)
make provision about the calculation of such payments;

(c)
make provision about the circumstances in which such payments may be

recovered;

(d)
require designated fossil fuel suppliers to provide specified information

to the Department or NIAUR;

(e)
make provision for payments to fossil fuel suppliers in specified

circumstances;

(f)
make provision about the enforcement of obligations imposed by or by

virtue of the regulations (which may include a power for the Department

or NIAUR to impose financial penalties);

(g)
confer functions on the Department or NIAUR, or both.

(3)
In this section—

“biofuel” means liquid or gaseous fuel which is produced wholly from

biomass;

“biogas” means gas produced by the anaerobic or thermal conversion of

biomass;

Notices of Amendments: 2 June 2011
40

Energy Bill-[ [], continued

“biomass” means material, other than fossil fuel or peat, which is, or is

derived directly or indirectly from, plant matter, animal matter, fungi or

algae;

“biomethane” means biogas which is suitable for conveyance through pipes

to premises in accordance with a licence under Article 8(1)(a) of the Gas

(Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2)) (licences to

convey gas);

“the Department” means the Department of Enterprise, Trade and

Investment;

“designated fossil fuel suppliers” means—

(a)
if the regulations so provide, a specified class of fossil fuel

suppliers, and

(b)
in any other case, all fossil fuel suppliers;

“fossil fuel” means—

(a)
coal;

(b)
lignite;

(c)
natural gas (within the meaning of the Energy Act 1976);

(d)
crude liquid petroleum;

(e)
petroleum products (within the meaning of that Act);

(f)
any substance produced directly or indirectly from a substance

mentioned in paragraphs (a)) to (e));

“fossil fuel supplier” means a person who supplies fossil fuel to consumers

for the purpose of generating heat;

“functions” includes powers and duties;

“modify” includes amend, add to or repeal;

“NIAUR” means the Northern Ireland Authority for Utility Regulation;

“owner”, in relation to any plant which the subject of a hire purchase

agreement, a conditional sale agreement or any agreement of a similar

nature, means the person in possession of the plant under that agreement;

“plant” includes any equipment, apparatus or appliance;

“renewable generation of heat” means the generation of heat by means of a

source of energy or technology mentioned in subsection (4).

(4)
The sources of energy and technologies are—

(a)
biomass;

(b)
biofuels;

(c)
fuel cells;

(d)
water (including waves and tides);

(e)
solar power;

(f)
geothermal sources;

(g)
heat from air, water or the ground;

(h)
combined heat and power systems (but only if the system’s source of

energy is a renewable source within the meaning given by Article 55F of

the Energy (Northern Ireland) Order 2003 (S.I. 2003/419 (N.I. 6)));

(i)
biogas.

(5)
The Department may by regulations—

(a)
modify the list of sources of energy and technologies in subsection (4);

(b)
modify the definition of “biofuel”, “biogas” or “biomass” in subsection

(3).

Notices of Amendments: 2 June 2011
41

Energy Bill-[ [], continued

(6)
The Department may by regulations make provision, for the purposes of

subsection (2)(a)(iii) and the definition of “fossil fuel supplier”, specifying that

particular activities do or do not constitute generating heat.

(7)
Any power to make regulations under this section is to be exercisable by statutory

rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I.

1979/1573 (N.I. 12)).

(8)
Regulations under this section may not be made unless a draft of the regulations

has been laid before, and approved by a resolution of, the Northern Ireland

Assembly.

(9)
Regulations under this section may—

(a)
provide for a person to exercise a discretion in dealing with any matter;

(b)
include incidental, supplementary and consequential provision;

(c)
make transitory or transitional provisions or savings;

(d)
make provision generally, only in relation to specified cases or subject to

exceptions (including provision for a case to be excepted only so long as

conditions specified in the regulations are satisfied);

(e)
make different provision for different cases or circumstances or for

different purposes.’.

Power for Gas and Electricty Markets Authority to act on behalf of Northern Ireland

authority in connection with scheme under section [Renewable heat incentives in

Northern Ireland]

Mr Gregory Barker

NC16


To move the following Clause:—

‘(1)
GEMA and a Northern Ireland authority may enter into arrangements for GEMA

to act on behalf of the Northern Ireland authority for, or in connection with, the

carrying out of any functions that may be conferred on the Northern Ireland

authority under, or for the purposes of, any scheme that may be established, under

section [Renewable heat incentives in Northern Ireland].

(2)
In this section—

“GEMA” means the Gas and Electricity Markets Authority;

“Northern Ireland authority” means—

(a)
the Department of Enterprise, Trade and Investment, or

(b)
the Northern Ireland Authority for Utility Regulation.’.

Notices of Amendments: 2 June 2011
42

Energy Bill-[ [], continued

Amendment of section 137 of the Energy Act 2004

Mr Gregory Barker

NC17


To move the following Clause:—

‘In section 137(3) of the Energy Act 2004 (standard conditions of transmission

licences under Part 1 of the Electricity Act 1989)—

(a)
in paragraph (a) omit “or”, and

(b)
after paragraph (b) insert—

“(c)
under the Energy Act 2008,

(d)
under the Energy Act 2010, or

(e)
under the Energy Act 2011,”.’.

Carbon emissions in local authority areas

Luciana Berger

Huw Irranca-Davies

NC1

To move the following Clause:—

‘(1)
The Committee on Climate Change shall advise the Secretary of State about the

contribution to emissions reduction needed in local authority areas to meet each

national carbon budget.

(2)
The advice given under subsection (1) should include but not be limited to—

(a)
carbon emissions from a local authority’s own buildings and operations;

(b)
carbon emissions from the local area;

(c)
local renewable energy generation;

(d)
national carbon reduction initiatives delivered at the local level.

(3)
The Committee on Climate Change may advise the Secretary of State on local

level adaptation to climate change.

(4)
The Secretary of State must lay before Parliament a response to the advice given

by the Committee on Climate Change under subsection (1) or (2), within six

months of receiving the advice.

(5)
For the purposes of this section—

(a)
“budgetary period”, “carbon budget” and “national authorities” have the

same meaning as in Part 1 of the Climate Change Act 2008;

(b)
“local authority” means a county council or district Council in England,

or a London Borough Council, or the Council of the Isles of Scilly.’.

Notices of Amendments: 2 June 2011
43

Energy Bill-[ [], continued

Climate change strategy for local authority areas

Luciana Berger

Huw Irranca-Davies

NC2

To move the following Clause:—

‘(1)
Local authorities must develop and promote a climate change strategy for their

local area.

(2)
In preparing the strategy, local authorities must take into account any advice

given by the Committee on Climate Change on local action to meet carbon

budgets.

(3)
In preparing the strategy, local authorities must consult with local residents,

businesses, social enterprises and co-operatives and other institutions.

(4)
Local authorities must publish and promote their local climate change strategy,

publish an annual report on progress towards carrying out the strategy and engage

with local citizens and community groups.

(5)
The Secretary of State must work with local authorities and the Local

Government Association (LGA) to assist them in producing and implementing

their climate change strategies, taking into account any relevant advice from the

Committee on Climate Change.’.

Purpose of Part 1

Luciana Berger

Huw Irranca-Davies

NC8


To move the following Clause:—

‘(1)
The principal purpose of Part 1 is to deliver energy savings from the building

stock which will make commensurate contributions to—

(a)
the achievement of the target contained in Section 1(1) of the Climate

Change Act 2008 and the carbon budget set for each budgetary period

under Part 1 of the Climate Change Act 2008; and

(b)
the elimination of fuel poverty by the target date required by Section

2(2)(d) of the Warm Homes and Energy Conservation Act 2000.

(2)
In performing functions under this Part the Secretary of State will have regard

to—

(a)
the principal purpose set out in subsection (1) above, and

(b)
the recommendations from time to time of the Committee on Climate

Change where these are adopted by the Secretary of State.’.



© Parliamentary copyright	Revised 3 June 2011