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| |
| |
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| | “submarine pipeline” has the same meaning as in Part 4 of the Petroleum |
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| | Act 1998 (see section 45 of that Act).” |
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| | (3) | In the cross heading before section 30, for “installations” substitute |
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| | |
| | (4) | In section 30 (abandonment of installations)— |
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| | (a) | in subsection (1) (application of Part 4 of Petroleum Act 1998 in relation |
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| | to abandonment of carbon storage installations)— |
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| | (i) | for ““the 1998 Act”” substitute “referred to in this section and |
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| | sections 30A and 30B as “the 1998 Act””, and |
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| | (ii) | at the end insert “and section 30A”, |
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| | (b) | after subsection (4) (power to make regulations modifying Part 4 of the |
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| | 1998 Act in its application to carbon storage installations) insert— |
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| | “(4A) | The power in subsection (4) is subject to section 30A.”, and |
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| | (c) | in subsection (5) (meaning of “carbon storage installation”) after “this |
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| | section” insert “and section 30A”. |
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| | (5) | In section 105(2) (parliamentary control of subordinate legislation), after |
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| | |
| | “(aa) | an order which contains provision made under section 30A or |
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| | 30B only (powers to designate installations and submarine |
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| | pipelines as eligible CCS installations and eligible CCS |
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| | |
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| | Carbon dioxide pipelines: powers of compulsory acquisition |
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| |
| | |
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| To move the following Clause:— |
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| | ‘(1) | The Pipe-lines Act 1962 is amended as follows. |
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| | (2) | In section 12 (orders for compulsory acquisition of rights over land for pipe-line |
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| | |
| | (a) | in subsection (1), for “the next following section” substitute “section 13”; |
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| | (b) | in subsections (2), (4), (5)(a) and (b), (5A) (in both places), (6) and (7), |
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| | after “a compulsory rights order” insert “under this section”; |
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| | (c) | in subsection (3), after “compulsory rights orders” insert “under this |
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| | |
| | (3) | After section 12 insert— |
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| | “Pipe-lines for Conveying Carbon Dioxide: Compulsory Acquisition of Rights |
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| | |
| | 12A | Orders for compulsory acquisition of rights over land: pipe-lines for |
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| | |
| | (1) | This section applies in relation to a pipe-line (or a length of a pipe-line) |
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| | that is intended to be converted into a pipe-line (or length) used for |
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| | conveying carbon dioxide. |
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| |
| |
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| | (2) | The owner of the pipe-line may apply to the Secretary of State for an |
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| | order under subsection (3) in relation to land in which the pipe-line (or a |
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| | length of the pipe-line) is situated. |
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| | (3) | An order under this subsection is an order authorising the owner of the |
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| | pipe-line to do one or more of the following— |
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| | (a) | to use the pipe-line (or length of the pipe-line) in the land |
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| | described in the order to convey carbon dioxide; |
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| | (b) | to execute pipe-line works in the land which are necessary in |
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| | consequence of the presence of the pipe-line (or length) in the |
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| | |
| | (c) | to execute pipe-line works in the land to enable the pipe-line (or |
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| | length) to be used to convey carbon dioxide or in consequence of |
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| | its use to convey carbon dioxide; |
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| | (d) | to exercise, in relation to the pipe-line (or length), such of the |
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| | rights mentioned in Schedule 4 as may be specified in the order. |
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| | | An order under this subsection is referred to in this Act as a “compulsory |
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| | |
| | (4) | A compulsory rights order under this section may be made subject to |
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| | conditions (see section 13). |
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| | (5) | On receiving an application under subsection (2), the Secretary of State |
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| | may grant or refuse the application. |
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| | (6) | Part 1 of Schedule 2, as modified by Part 2 of that Schedule, has effect in |
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| | relation to applications for compulsory rights orders under this section. |
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| | (7) | A compulsory rights order under this section enures for the benefit of the |
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| | owner for the time being of the pipe-line. |
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| | (8) | The Secretary of State may by order revoke a compulsory rights order |
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| | under this section, in whole or in part, if— |
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| | (a) | the pipe-line (or length of the pipe-line) is diverted from the land |
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| | |
| | (b) | the pipe-line (or length) is abandoned, |
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| | (c) | the pipe-line (or length) ceases to be used to convey carbon |
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| | |
| | (d) | the owner of the pipe-line makes an application for the |
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| | |
| | (9) | A compulsory rights order under this section does not affect any right |
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| | over the land described in the order that would not have been affected had |
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| | the land been compulsorily purchased by virtue of a compulsory |
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| | |
| | (10) | A compulsory rights order under this section does not authorise the |
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| | disregard of any enactment or of any instrument having effect by virtue |
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| | |
| | (11) | A compulsory rights order under this section is not to be taken to confer |
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| | a right of support for the pipeline (or length of pipeline). |
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| | (12) | A compulsory rights order under this section is to be subject to special |
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| | |
| | (13) | For the purposes of this section, “carbon dioxide” includes any substance |
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| | consisting primarily of carbon dioxide. |
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|
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| |
| |
|
| | Compulsory Rights Orders under Sections 12 and 12A: Supplementary |
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| | |
| | (4) | In section 66 (general interpretation provisions), in subsection (1), in the |
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| | definition of “compulsory rights order”, for “subsection (1) of section twelve” |
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| | substitute “sections 12(1) and 12A(2)”. |
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| | |
| | (a) | in the shoulder reference, after “12,” insert “12A,”; |
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| | (b) | in paragraph 10(1), for “subsection (3) of section twelve of this Act” |
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| | substitute “sections 12(3) and 12A(4)”. |
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| | (6) | In Schedule 4, in the shoulder reference, for “Section 12” substitute “Sections 12 |
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| | |
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| | Renewable heat incentives in Northern Ireland |
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| |
| | |
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| To move the following Clause:— |
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| | ‘(1) | The Department of Enterprise, Trade and Investment may make regulations— |
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| | (a) | establishing a scheme to facilitate and encourage renewable generation |
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| | of heat in Northern Ireland, and |
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| | (b) | about the administration and financing of the scheme. |
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| | (2) | Regulations under this section may, in particular— |
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| | (a) | make provision for the Department or NIAUR to make payments, or to |
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| | require designated fossil fuel suppliers to make payments, in specified |
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| | |
| | (i) | the owner of plant used or intended to be used for the renewable |
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| | generation of heat, whether or not the owner is also operating or |
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| | intending to operate the plant; |
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| | (ii) | a producer of biogas or biomethane; |
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| | (iii) | a producer of biofuel for generating heat; |
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| | (b) | make provision about the calculation of such payments; |
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| | (c) | make provision about the circumstances in which such payments may be |
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| | |
| | (d) | require designated fossil fuel suppliers to provide specified information |
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| | to the Department or NIAUR; |
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| | (e) | make provision for payments to fossil fuel suppliers in specified |
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| | |
| | (f) | make provision about the enforcement of obligations imposed by or by |
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| | virtue of the regulations (which may include a power for the Department |
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| | or NIAUR to impose financial penalties); |
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| | (g) | confer functions on the Department or NIAUR, or both. |
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| | |
| | “biofuel” means liquid or gaseous fuel which is produced wholly from |
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| | |
| | “biogas” means gas produced by the anaerobic or thermal conversion of |
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| | |
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| |
| |
|
| | “biomass” means material, other than fossil fuel or peat, which is, or is |
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| | derived directly or indirectly from, plant matter, animal matter, fungi or |
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| | |
| | “biomethane” means biogas which is suitable for conveyance through pipes |
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| | to premises in accordance with a licence under Article 8(1)(a) of the Gas |
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| | (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2)) (licences to |
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| | |
| | “the Department” means the Department of Enterprise, Trade and |
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| | |
| | “designated fossil fuel suppliers” means— |
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| | (a) | if the regulations so provide, a specified class of fossil fuel |
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| | |
| | (b) | in any other case, all fossil fuel suppliers; |
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| | |
| | |
| | |
| | (c) | natural gas (within the meaning of the Energy Act 1976); |
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| | (d) | crude liquid petroleum; |
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| | (e) | petroleum products (within the meaning of that Act); |
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| | (f) | any substance produced directly or indirectly from a substance |
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| | mentioned in paragraphs (a)) to (e)); |
|
| | “fossil fuel supplier” means a person who supplies fossil fuel to consumers |
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| | for the purpose of generating heat; |
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| | “functions” includes powers and duties; |
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| | “modify” includes amend, add to or repeal; |
|
| | “NIAUR” means the Northern Ireland Authority for Utility Regulation; |
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| | “owner”, in relation to any plant which the subject of a hire purchase |
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| | agreement, a conditional sale agreement or any agreement of a similar |
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| | nature, means the person in possession of the plant under that agreement; |
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| | “plant” includes any equipment, apparatus or appliance; |
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| | “renewable generation of heat” means the generation of heat by means of a |
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| | source of energy or technology mentioned in subsection (4). |
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| | (4) | The sources of energy and technologies are— |
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| | |
| | |
| | |
| | (d) | water (including waves and tides); |
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| | |
| | |
| | (g) | heat from air, water or the ground; |
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| | (h) | combined heat and power systems (but only if the system’s source of |
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| | energy is a renewable source within the meaning given by Article 55F of |
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| | the Energy (Northern Ireland) Order 2003 (S.I. 2003/419 (N.I. 6))); |
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| | |
| | (5) | The Department may by regulations— |
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| | (a) | modify the list of sources of energy and technologies in subsection (4); |
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| | (b) | modify the definition of “biofuel”, “biogas” or “biomass” in subsection |
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| | |
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| |
| |
|
| | (6) | The Department may by regulations make provision, for the purposes of |
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| | subsection (2)(a)(iii) and the definition of “fossil fuel supplier”, specifying that |
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| | particular activities do or do not constitute generating heat. |
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| | (7) | Any power to make regulations under this section is to be exercisable by statutory |
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| | rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. |
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| | |
| | (8) | Regulations under this section may not be made unless a draft of the regulations |
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| | has been laid before, and approved by a resolution of, the Northern Ireland |
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| | |
| | (9) | Regulations under this section may— |
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| | (a) | provide for a person to exercise a discretion in dealing with any matter; |
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| | (b) | include incidental, supplementary and consequential provision; |
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| | (c) | make transitory or transitional provisions or savings; |
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| | (d) | make provision generally, only in relation to specified cases or subject to |
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| | exceptions (including provision for a case to be excepted only so long as |
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| | conditions specified in the regulations are satisfied); |
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| | (e) | make different provision for different cases or circumstances or for |
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| | |
| |
| | Power for Gas and Electricty Markets Authority to act on behalf of Northern Ireland |
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| | authority in connection with scheme under section [Renewable heat incentives in |
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| | |
| |
| | |
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| To move the following Clause:— |
|
| | ‘(1) | GEMA and a Northern Ireland authority may enter into arrangements for GEMA |
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| | 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]. |
|
| | |
| | “GEMA” means the Gas and Electricity Markets Authority; |
|
| | “Northern Ireland authority” means— |
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| | (a) | the Department of Enterprise, Trade and Investment, or |
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| | (b) | the Northern Ireland Authority for Utility Regulation.’. |
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| |
|
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| |
| |
|
| | Amendment of section 137 of the Energy Act 2004 |
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| |
| | |
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| 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)— |
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| | (a) | in paragraph (a) omit “or”, and |
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| | (b) | after paragraph (b) insert— |
|
| | “(c) | under the Energy Act 2008, |
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| | (d) | under the Energy Act 2010, or |
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| | (e) | under the Energy Act 2011,”.’. |
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| |
| | Carbon emissions in local authority areas |
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| |
| |
| | |
| 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 |
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| | |
| | (2) | The advice given under subsection (1) should include but not be limited to— |
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| | (a) | carbon emissions from a local authority’s own buildings and operations; |
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| | (b) | carbon emissions from the local area; |
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| | (c) | local renewable energy generation; |
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| | (d) | national carbon reduction initiatives delivered at the local level. |
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| | (3) | The Committee on Climate Change may advise the Secretary of State on local |
|
| | level adaptation to climate change. |
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| | (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.’. |
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| |
|
|
| |
| |
|
| | Climate change strategy for local authority areas |
|
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | Local authorities must develop and promote a climate change strategy for their |
|
| | |
| | (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 |
|
| | |
| | (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.’. |
|
| |
| | |
| |
| |
| | |
|
| 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 |
|
| | |
| | (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.’. |
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| |
|