House of Commons Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

Public Bill Committee: 9 June 2011
129

Energy Bill [Lords] continued

(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.

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

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—

Public Bill Committee: 9 June 2011
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Energy Bill [Lords] continued

(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;

“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;

Public Bill Committee: 9 June 2011
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Energy Bill [Lords] continued

“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).

(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

Public Bill Committee: 9 June 2011
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Energy Bill [Lords] continued

Northern Ireland]

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.’.

Amendment of section 137 of the Energy Act 2004

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;

Public Bill Committee: 9 June 2011
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Energy Bill [Lords] continued

(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.’.

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
5
under Part 1 of the Climate Change Act 2008; and

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Energy Bill [Lords] continued

(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—
10
(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.’.

As an Amendment to Luciana Berger’s proposed New Clause (NC8):—

Caroline Lucas

(a)

Line  3,  leave out subsection (1)(a) and insert—

‘(a)
the achievement of a 90 per cent. reduction in UK greenhouse gas

emissions against 1990 levels by 2030; and’.

Member’s explanatory statement

This amendment would mean that the principal purposes of the Green Deal is to deliver energy

savings from buildings that will make commensurate contributions to the achievement of a 90 per

cent. reduction in UK greenhouse gas emissions against 1990 levels by 2030.

Duty of the Secretary of State to improve energy efficiency

Luciana Berger

Huw Irranca-Davies

NC9

To move the following Clause:—

‘(1)
The Secretary of State must prepare and publish a plan for achieving the principal

purpose set out in section [Purpose of Part 1] in England.

(2)
The plan must establish specific aims and describe the proposed means of

achieving them together with methods for reporting on progress towards meeting

them.

(3)
In preparing the plan, the Secretary of State must take account of any plans

produced under section 60(2) of the Climate Change (Scotland) Act 2009.

(4)
Where an aim is designated under this section, the Secretary of State must take

all reasonable steps to achieve the aim.

(5)
The plan prepared under subsection (1) must be published no later than 12 months

after the day on which this section comes into force.

(6)
The Secretary of State must, as soon as reasonably practicable after publishing a

plan under this section lay it before Parliament.

(7)
The Secretary of State must, within one year of each order setting a carbon budget

under section 8(1) of the Climate Change Act 2008, review the plan prepared and

published under this section.

(8)
Where, following a review under subsection (7), the Secretary of State varies the

plan, he must, as soon as reasonably practicable after so doing, publish the plan

as so varied.’.

Public Bill Committee: 9 June 2011
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Energy Bill [Lords] continued

Annual report on progress

Luciana Berger

Huw Irranca-Davies

NC10

To move the following Clause:—

‘(1)
Section 1 of the Sustainable Energy Act 2003 (annual reports towards sustainable

energy aims) is amended as follows.

(2)
In subsection (1) (sustainable energy report) after paragraph (e) insert “and (f)

achieving the aims established by the plans produced under section [Duty of the

Secretary of State to improve energy efficiency] of the Energy Act 2011 and

section 60(2) of the Climate Change (Scotland) Act 2009”’.

Carbon dioxide emissions performance standards for electricity generation

Caroline Lucas

NC18

To move the following Clause:—

‘(1)
The Secretary of State shall by regulation establish a carbon dioxide emissions

performance standard of 300g/kWh as the maximum level of carbon dioxide that

may be emitted per unit of output by all new, extended, or upgraded electricity

generating stations with a capacity of 50 megawatts or more.

(2)
In addition to the emissions performance standard required by subsection (1) the

Secretary of State shall by regulation establish the maximum level of carbon

dioxide that may be emitted per unit of output for all existing electricity

generators of a capacity of 50 megawatts or more.

(3)
The level of the emissions performance standard introduced pursuant to

subsection (2) shall be set with a view to requiring, within a reasonable period of

time, widespread deployment of technology, or other actions necessary to

completely phase out unabated electricity generation from fossil fuels, on time

scales consistent with the advice of the Committee on Climate Change.

(4)
In establishing the level of the carbon dioxide emissions performance standards

required by subsections (1) and (2) the Secretary of State shall obtain and take

into account—

(a)
the most up-to-date scientific knowledge about climate change;

(b)
the advice of the Committee on Climate Change, particularly in relation

to carbon budgets, medium- and long-term emission reduction targets,

and future emissions from the electricity generating sector.

(5)
Regulations made under this section—

(a)
shall be made by statutory instrument;

(b)
shall not be made unless a draft has been laid before and approved by

resolution of each House of Parliament.

(6)
The regulations required by subsections (1) and (2) shall be laid before

Parliament within six months from the date on which this Act is passed, with the

emissions performance standard required by subsection (1) entering into force no

later than 12 months from the date on which this Act is passed.’.

Member’s explanatory statement

The intention of this amendment is to enable and require the Secretary of State to introduce carbon

dioxide emissions performance standards to set the maximum amount of carbon dioxide emissions



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