Session 2010 - 12
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Other Bills before Parliament


 
 

Public Bill Committee: 9 June 2011                     

136

 

Energy Bill [Lords] continued

 
 

that may be emitted from individual electricity generating stations.

 


 

Micro combined heat and power passive flue gas heat recovery devices

 

Dr Alan Whitehead

 

NC19

 

To move the following Clause:—

 

‘(1)    

The Secretary of State must within 12 months of the passing of this Act consider

 

whether it is—

 

(a)    

viable;

 

(b)    

cost effective; and

 

(c)    

desirable

 

    

to require all new boilers installed in domestic properties to be—

 

    

 

(i)    

micro combined heat and power units; and

 

(ii)    

to include passive flue gas heat recovery devices.

 

(2)    

In the section—

 

“micro combined heat and power” means a combined heat and power unit

 

designed for residential properties or other small buildings;

 

“passive flue gas heat recovery devices” means technology that can use the

 

waste heat from condensing boilers in order to heat water.’.

 


 

Advice on benefits of passive flue gas heat recovery systems (PFGHRS)

 

Dr Alan Whitehead

 

NC20

 

To move the following Clause:—

 

‘(1)    

For the purpose of enabling him to assess the benefits of PFGHRS in dealing with

 

fuel poverty the Secretary of State must request the advice of the bodies specified

 

in subsection (2).

 

(2)    

The bodies referred to in subsection (1) are—

 

(a)    

the Energy Saving Trust;

 

(b)    

the Fuel Poverty Advisory Group; and

 

(c)    

the Building Research Establishment.

 

(3)    

A request for advice made pursuant to subsection (1) may also include a request

 

for advice as to how PFGHRS can assist in combating climate change.

 

(4)    

The Climate Change Committee must within 12 months consider and produce a

 

report on the ways in which PFGHRS can assist in dealing with climate change.

 

(5)    

In this section—


 
 

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“PFGHRS” means technology that can use the waste heat from condensing

 

boilers in order to heat water.’.

 


 

Cost benefit assessment of energy saving and energy generating

 

Dr Alan Whitehead

 

NC21

 

To move the following Clause:—

 

‘(1)    

The Secretary of State must within 12 months of the passing of this Act publish

 

an assessment (“the assessment”) of the costs and benefits of saving energy

 

compared with those of generating energy.

 

(2)    

In this section saving energy includes measures to—

 

(a)    

reduce demand for energy;

 

(b)    

conserve energy; and

 

(c)    

use energy more efficiently.

 

(3)    

Before publishing the assessment the Secretary of State must consult—

 

(a)    

such bodies as in the Secretary of State’s opinion represent—

 

(i)    

the energy efficiency industry;

 

(ii)    

the energy generating industry; and

 

(iii)    

environmental interests; and

 

(b)    

such other persons as considered appropriate.

 

(4)    

The Secretary of State must take into account the assessment when making any

 

estimates, projections or policies regarding the amount of energy that is required

 

to be generated in order to satisfy the needs of the United Kingdom.’.

 


 

Display energy certificates

 

Zac Goldsmith

 

Caroline Lucas

 

Luciana Berger

 

Huw Irranca-Davies

 

Dr Alan Whitehead

 

NC22

 

To move the following Clause:—

 

‘(1)    

The Secretary of State must within twelve months of the passing of this Act make

 

regulations requiring all premises to which this section applies to display in a

 

prominent place a Display Energy Certificate relating to the premises.

 

(2)    

In this section “Display Energy Certificate” has the meaning given in section 17

 

of the Energy Performance of Buildings (Certificates and Inspections) (England

 

and Wales) Regulations 2007.


 
 

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Energy Bill [Lords] continued

 
 

(3)    

This section applies to all non-domestic premises of a size and type to be

 

specified in the regulations.’.

 


 

Duty of Secretary of State to make regulations regarding the installation of energy

 

efficiency measures by energy suppliers

 

Luciana Berger

 

Huw Irranca-Davies

 

NC23

 

To move the following Clause:—

 

‘(1)    

For the purposes of requiring energy suppliers to assist in combating fuel poverty

 

by the reduction of home heating costs and to meet carbon dioxide reduction

 

targets the Secretary of State must within twelve months of the passing of this Act

 

make regulations establishing a scheme requiring energy suppliers to install

 

specified energy efficiency measures in residential properties.

 

(2)    

Regulations made pursuant to this section must specify:

 

(a)    

the energy measures to be included;

 

(b)    

that priority for installation of those measures shall be given to the homes

 

of persons living in fuel poverty;

 

(c)    

the carbon dioxide reduction target to be achieved as a result of those

 

measures; and

 

(d)    

such other matters that are in the opinion of the Secretary of State

 

required for the setting up and operation of the scheme.

 

(3)    

In this section:

 

“fuel poverty” has the same meaning as in the Warm Homes and Energy

 

Conservation Act 2000.

 

“energy suppliers” means any person licensed to supply electricity pursuant

 

to the Electricity Act 1989 and any person licensed to supply gas

 

pursuant to the Gas Act 1986.’.

 


 

Domestic minimum standard regulations

 

Tessa Munt

 

NC24

 

To move the following Clause:—

 

‘(1)    

The Secretary of State shall make regulations for the purpose of securing that—

 

(a)    

a landlord of a domestic PR property, or

 

(b)    

the appointed agent of a landlord of a domestic PR property

 

    

which falls below a minimum standard of energy efficiency (as demonstrated by

 

the energy performance certificate) as is provided for by the regulations shall not

 

let or market to let the property until such time as the landlord can demonstrate

 

that the property meets the minimum standard for a domestic PR property.


 
 

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Energy Bill [Lords] continued

 
 

(2)    

Regulations under this section are referred to in this Chapter as “domestic

 

minimum standard regulations”.

 

(3)    

For the purposes of domestic minimum standard regulations—

 

“energy performance certificate” has the meaning given by the Energy

 

Performance Regulations;

 

“landlord”, “local authority” and “appointed agent” have the meanings

 

given by the regulations; and

 

“minimum energy efficiency standard” means Band E or above expressed

 

in accordance with Regulation 11(1)(a) of the Energy Performance

 

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

 

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

 

To move the following Clause:—


 
 

Public Bill Committee: 9 June 2011                     

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Energy Bill [Lords] continued

 
 

‘(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;

 

(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.’.

 



 
 

Public Bill Committee: 9 June 2011                     

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Energy Bill [Lords] continued

 
 

Protection from eviction under section 21 of the Housing Act 1988

 

Tessa Munt

 

NC27

 

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

 

(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

 

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


 
 

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Energy Bill [Lords] continued

 
 

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.

 

(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

 

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.’.

 



 
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