Session 2010 - 12
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Energy Bill [Lords] Continued

 
 

Regulations or above (or any higher level set in accordance with

 

subsection(5));

 

(4)    

The Secretary of State may by order amend the definition of “energy performance

 

certificate” in subsection (3).

 

(5)    

The Secretary of State shall, no later than 31 December 2019, amend the

 

regulations to raise the minimum energy efficiency standard.

 

(6)    

Domestic minimum standard regulations shall come into force no later than 1

 

January 2016.’.

 


 

Further provision about domestic minimum standard regulations: England and Wales

 

Tessa Munt

 

NC25

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

Domestic minimum standard regulations may in particular include provisions

 

about—

 

(a)    

exemptions from any requirement imposed by or under the regulations;

 

(b)    

the making of an order by the Secretary of State to suspend the

 

regulations for periods not exceeding one calendar year within any local

 

authority area provided the Secretary of State—

 

(i)    

is satisfied in respect of every calendar year suspension of the

 

regulations that there is evidence that the regulations have

 

resulted in a significant shortage in the supply of domestic PR

 

property in that local authority area; and

 

(ii)    

publishes the order and the reasons it was made and the evidence

 

on which it was based.

 

(2)    

Provision falling within subsection (1)(a) inlcudes, in particular, provision about

 

exemptions relating to any necessary permissions or consents.’.

 


 

Sanctions for the purposes of domestic minimum standard regulations: England and

 

Wales

 

Tessa Munt

 

NC26

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

Domestic minimum standard regulations shall include in particular provisions for

 

the purpose of securing compliance with requirements imposed on landlords by

 

or under the regulations including granting powers to local authorities to carry out

 

relevant energy efficiency works to domestic PR properties under the regulations

 

and recover the costs from the landlord.

 

(2)    

Provision falling within subsection (1) includes, in particular, provision—

 

(a)    

for a local authority to enforce any requirement imposed by or under the

 

regulations;


 
 

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Energy Bill [Lords] Continued

 
 

(b)    

about the sanctions for non-compliance with a requirement imposed by

 

or under the regulations;

 

(c)    

about the sanctions for the provision of false information in connection

 

with such a requirement, including in cases falling within paragraph (b)

 

or (c), the imposition of a civil penalty by a local authority.

 

(3)    

The regulations will make provision for a civil penalty not exceeding £5,000 to

 

be imposed on any person who markets or lets a domestic PR property which does

 

not meet the minimum standard regulations on or after 1 January 2016.

 

(4)    

The regulations must also include provision for a right of appeal to a court or

 

tribunal against the imposition of the civil penalty.

 

(5)    

Provision falling within subsection (4) includes, in particular, provision—

 

(a)    

as to the jurisdiction of the court or tribunal to which an appeal may be

 

made;

 

(b)    

as to the grounds on which an appeal may be made;

 

(c)    

as to the procedure for making an appeal (including any fee which may

 

be payable);

 

(d)    

suspending the imposition of the penalty, pending determination of the

 

appeal;

 

(e)    

as to the powers of the court or tribunal to which an appeal is made;

 

(f)    

as to how any sum payable in pursuance of a decision of the court or

 

tribunal is to be recoverable.

 

(6)    

The provision referred to in sub-paragraph (5)(e) includes provision conferring

 

on the court or tribunal to which an appeal is made power—

 

(a)    

to confirm the penalty;

 

(b)    

to withdraw the penalty;

 

(c)    

to vary the amount of the penalty;

 

(d)    

to award costs.

 

(7)    

If the Secretary of State considers it appropriate for the purpose of, or in

 

consequence of, any provision falling within sub-paragraph (5)(a), (c), (e) or (f),

 

domestic mimimum standard regulations may revoke or amend any subordinate

 

legislation in so far as the subordinate legislation extends to England and Wales.

 

(8)    

In this section “subordinate legislation” has the meaning given in section 21(1) of

 

the Interpretation Act 1978.’.

 


 

Protection from eviction under section 21 of the Housing Act 1988

 

Tessa Munt

 

NC27

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

No section 21 notice (meaning a notice under section 21(1)(b) or (4) of the

 

Housing Act 1988) may be given in relation to a tenancy at any time after a

 

request in compliance with the regulations under sections 43, 44 or 45 has been

 

made by a tenant of a domestic PR property under section 43(3) until such time

 

as the landlord of the property has responded to the request in compliance with

 

the regulations and—

 

(a)    

in circumstances where the landlord has refused the request, until such

 

time as the court has ruled whether the refusal was reasonable or not; or


 
 

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Energy Bill [Lords] Continued

 
 

(b)    

in circumstances where the landlord has accepted the request, until such

 

time as the relevant energy efficiency improvements have been made.’.

 


 

Sustainable energy plans

 

Tessa Munt

 

NC28

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

A local authority must consider whether the drawing up and publishing of a

 

sustainable energy plan would have either of the following effects, namely to—

 

(a)    

increase its efficiency regarding; or

 

(b)    

in any other way assist with

 

the discharge of its functions.

 

(2)    

If in the opinion of a local authority the drawing up and publishing of a

 

sustainable energy plan would—

 

(a)    

have either of the effects specified in subsection (1); and

 

(b)    

assist with the purposes of this Act

 

then it must draw up, publish and implement a sustainable energy plan.

 

(3)    

Without prejudice to the generality a plan must specify the steps that the local

 

authority proposes to take to promote—

 

(a)    

energy efficiency;

 

(b)    

microgeneration;

 

(c)    

renewable energy;

 

(d)    

combined heat and power; and

 

(e)    

cost effective action with or by residents, local organisations or

 

businesses that would assist with the reduction of greenhouse gases, the

 

achievement of energy security or the mitigation of fuel poverty.

 

(4)    

A plan prepared by a local authority may—

 

(a)    

request such new functions as in the opinion of the council would enable

 

it to make a greater contribution to achieving the objectives specified in

 

subsection (2); and

 

(b)    

make a recommendation to the Secretary of State for a transfer of

 

functions from another body to itself provided that no such

 

recommendation may be made unless the council has consulted the

 

person to whose functions it relates.

 

(5)    

Within 6 months of receiving any request pursuant to subsection (4)(a) or

 

recommendation pursuant to subsection (4)(b) the Secretary of State must—

 

(a)    

either adopt and implement, or take the necessary steps to commence the

 

process of implementation,

 

(b)    

or reject

 

the request or recommendation and in either case shall give reasons for his

 

decision.

 

(6)    

Where any functions are conferred or transferred pursuant to this section, the

 

Secretary of State shall ensure that the monies necessary for the discharge of

 

those functions are provided or transferred.


 
 

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Energy Bill [Lords] Continued

 
 

(7)    

Any principal council on which functions are conferred or to which functions are

 

transferred under this section must determine how the functions are then

 

performed.

 

(8)    

Where the Secretary of State is spending money in an area covered by a plan in

 

order to achieve any of the objectives specified in section (1), and in this

 

opinion—

 

(a)    

any measure contained in a plan is a more efficient way of achieving his

 

objectives; and

 

(b)    

offers better value,

 

then he shall provide resources for the principal council to implement those

 

measures in its plan.

 

(9)    

Where any person submits to his local authority a proposal that would in the

 

opinion of the authority be a cost effective method of assisting with—

 

(a)    

the reducation of greenhouse gases, or

 

(b)    

the achievement of energy security, or

 

(c)    

the mitigation of fuel poverty,

 

the authority must include that proposal in any plan prepared pursuant to this

 

section or, if it has not prepared such a plan, implement the proposal.’.

 


 

Communal schemes

 

Simon Wright

 

NC29

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

Local housing authorities shall be empowered to arrange, with green deal

 

providers, energy saving schemes that cover the whole or a part of housing

 

estates, roads, districts or other local communities. They will negotiate on behalf

 

of improvers so as to obtain savings that arise from economies of scale, which

 

will be passed on to individual improvers.’.

 


 

Energy tariffs

 

Simon Wright

 

Tessa Munt

 

NC30

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

After consultation with electricity and gas retail sellers, and consumer groups, the

 

Secretary of State shall introduce regulations that make it mandatory for

 

electricity and gas through pipeline supply companies supplying to domestic

 

properties to configure their tariffs so that the initial units of energy supplied are

 

at a lower cost to the consumer than remaining units.

 

(2)    

The principles of the scheme shall be—


 
 

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Energy Bill [Lords] Continued

 
 

(a)    

that the number of lower priced initial units shall represent the average

 

amount of energy required for a household of that size to keep warm,

 

clean and fed to a modest but acceptable standard;

 

(b)    

the tariff price for the initial units shall be equal to the medium term

 

marginal cost of the production of that energy;

 

(c)    

overall, the new combined tariff should be revenue neutral to the energy

 

supply companies.

 

(3)    

The scheme and its tariffs will be assessed and audited by the Office of the Gas

 

and Electricity Markets, who will also be responsible for the capture, analysis,

 

and reporting of all information to the Secretary of State regarding the

 

implementation and management of the scheme.’.

 


 

Mr Gregory Barker

 

76

 

Title,  line  7,  after ‘infrastructure’, insert ‘and downstream gas processing facilities’.

 

Mr Gregory Barker

 

77

 

Title,  line  10,  after ‘electricity;’, insert ‘about the security of nuclear construction sites;’.

 

Gregory Barker

 

28

 

Title,  line  10,  after ‘sites;’ insert ‘for an annual report on contribution to carbon

 

emissions reduction targets; for action relating to the energy efficiency of residential

 

accommodation in England;’.

 

Mr Gregory Barker

 

78

 

Title,  line  10,  after ‘sites’, insert ‘and offshore infrastructure; for the use of pipelines for

 

carbon capture and storage’.

 

Mr Gregory Barker

 

79

 

Title,  line  10,  after ‘sites;’, insert ‘about renewable heat incentives in Northern Ireland;’.

 

Mr Gregory Barker

 

80

 

Title,  line  11,  after ‘Authority;’, insert ‘for an amendment of section 137 of the Energy

 

Act 2004;’.

 

Mr Gregory Barker

 

81

 

Title,  line  11,  after third ‘the’, insert ‘amendment and’.

 

 

Order of the House [10 maY 2011]

 

That the following provisions shall apply to the Energy Bill [Lords]—


 
 

Public Bill Committee: 7 June 2011                     

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Energy Bill [Lords] Continued

 
 

Committal

 

1.    

The Bill shall be committed to a Public Bill Committee.

 

Proceedings in Public Bill Committee

 

2.    

Proceedings in the Public Bill Committee shall (so far as not previously

 

concluded) be brought to a conclusion on Tuesday 21 June 2011.

 

3.    

The Public Bill Committee shall have leave to sit twice on the first day on

 

which it meets.

 

Consideration and Third Reading

 

4.    

Proceedings on consideration shall (so far as not previously concluded) be

 

brought to a conclusion one hour before the moment of interruption on the

 

day on which those proceedings are commenced.

 

5.    

Proceedings on Third Reading shall (so far as not previously concluded) be

 

brought to a conclusion at the moment of interruption on that day.

 

6.    

Standing Order No. 83B (Programming committees) shall not apply to

 

proceedings on consideration and Third Reading.

 

Other proceedings

 

7.    

Any other proceedings on the Bill (including any proceedings on

 

consideration of any Message from the Lords) may be programmed.

 


 
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