House of Commons Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

Public Bill Committee: 14 June 2011
170

Energy Bill-[Lords], continued

Dr Alan Whitehead

Luciana Berger

Huw Irranca-Davies

118

Clause  67,  page  51,  line  4,  at end insert—

‘(2A)
The power to make orders under this section may be exercised so as to require the

funding for this obligation to be equally available to any Green Deal provider for

installing energy efficiency improvements to homes.’.

Dr Alan Whitehead

119

Clause  68,  page  51,  line  44,  after ‘homes’, insert ‘or may specify targets for the

promotion of measures for reducing the cost to specified groups of individuals of heating

their homes.’.

Dr Alan Whitehead

120

Clause  69,  page  52,  line  36,  at end insert—

‘(ba)
to assess whether these obligations are, among other things, being

discharged transparently, cost-effectively, and consistently throughout

the time period of the obligation and achieving value for money;

(bb)
to assess whether these obligations are targeting priority groups and

properties consistently and achieving value for money.’.

Gregory Barker

16

Clause  69,  page  53,  line  23,  at end insert—

‘(6A)
In sections 28 to 30F and section 38 of the 1986 Act (enforcement of relevant

requirements etc) a reference to a “relevant requirement” is to be treated as

including a reference to a requirement imposed on a gas transporter or gas

supplier under this section.

(6B)
In sections 25 to 28 of the 1989 Act (enforcement of relevant requirements etc) a

reference to a “relevant requirement” is to be treated as including a reference to a

requirement imposed on an electricity distributor or electricity supplier under this

section.’.

Luciana Berger

Huw Irranca-Davies

167

Clause  69,  page  53,  line  23,  at end insert—

‘(6A)
No later than one year after this section comes into force and in every subsequent

calendar year, the Secretary of State will be required, by means of the information

obtained by virtue of this section, to report to Parliament on the operation, costs

Public Bill Committee: 14 June 2011
171

Energy Bill-[Lords], continued

and effect of a carbon emissions reduction order or home-heating cost reduction

order.’.

Gregory Barker

25

Schedule  1,  page  84,  line  7,  leave out paragraph 2.

Gregory Barker

26

Schedule  1,  page  84,  line  19,  leave out paragraph 6.

Caroline Lucas

132

Schedule  1,  page  85,  line  39,  at end add—

‘Energy Performance of Buildings (Certificates and Inspections) Regulations 2007

13
The Energy Performance of Buildings (Certificates and Inspections)

Regulations 2007 are amended in accordance with paragraphs 14 to 22.

14
In paragraph (2) of Regulation 5 for “make available” substitute “provide”.

15
Regulation 5A is repealed and replaced with a new Regulation 5A as follows—

“Providing energy information on marketing

5A  (1)
Subject to Regulation 7, this regulation applies where—

(a)
a property is to be sold or rented,

(b)
marketing materials are prepared for the purposes of

marketing the property to persons who may be interested in

buying or renting the property,

(c)
those marketing materials are made available publicly or to

any person who may be interested in buying or renting the

property by the relevant person or by another person on his

behalf.

      (2)
The marketing material must include the asset rating of the building

expressed in the way required by Regulation 11(1)(a).

      (3)
In this regulation “marketing materials” means any written or

photographic materials whether electronic or physical, used for the

marketing of a property for sale or rent.”.

16
Regulation 6 is amended as follows—

(a)
in paragraph (1)(a) remove the word “residential”,

(b)
in paragraph (1)(a) after “to be sold”, insert “or rented”,

(c)
in paragraph (1)(b) after “in buying”, insert “or renting”,

(d)
in paragraph (2) for “once a valid energy performance certificate has

been obtained for the buildings the person” substitute “The person”.

Public Bill Committee: 14 June 2011
172

Energy Bill-[Lords], continued

17
Regulation 11 is amended as follows—

(a)
in paragraph (1)(d) after sub-paragraph (vii), insert—

“(viii)
whether the property is subject to a green

deal plan under part 1 of the Energy Bill

2011”,

(b)
in paragraph (3)(a) for “10 years” substitute “one year”.

18
In paragraph (2) of Regulation 38 remove the words “5A(3), 5A(4)”.

19
In paragraph (1) of Regulation 40 remove the words “5A(3), 5A(4)”.

20
Regulation 42 is amended as follows—

(a)
in paragraph (1)(a) remove the words “he is not a person to whom the

duty under Section 5A(2) applies”,

(b)
in paragraph (1)(b) for “make available” substitute “provide”,

(c)
remove paragraph (1A) of Regulation 42.

21
In paragraph (1)(a) of Regulation 43 remove the words “5A(3), 5A(4)”.

22
In paragraph (1)(a) of Regulation 50 for “make available” substitute

“provide”’.

Member’s explanatory statement

Provides for energy ratings to be part of marketing materials for both rental and sale properties;

for EPCs to be provided rather than simply made available; and for EPCs to have a life of one

year.

Luciana Berger

Huw Irranca-Davies

Dr Alan Whitehead

168

Clause  71,  page  54,  line  15,  at end insert—

‘(3A)
In subsection (3)(g) after “consumers”, insert “(including adherence to an

independent Code of Practice for Installation)”.’.

Gregory Barker

17

Clause  73,  page  56,  line  9,  leave out paragraph (b).

Gregory Barker

18

Clause  73,  page  56,  line  10,  leave out subsection (6) and insert—

‘(6)
Regulations under this section are subject to the negative procedure.’.

Public Bill Committee: 14 June 2011
173

Energy Bill-[Lords], continued

Luciana Berger

Huw Irranca-Davies

166

Clause  74,  page  56,  line  28,  at end insert—

‘(2A)
The information to be provided about a tariff by virtue of subsection (2) with

regards to the amount of the tariff must be guaranteed not to change for a period

of 12 weeks.’.

Caroline Lucas

169

Clause  78,  page  59,  line  37,  at end insert—

‘(2BA)
In 2012 the report required under section (2A) shall be accompanied by proposals

for a formal definition of distributed energy and include plans to develop a

strategy setting out the role of distributed energy in energy policy, including in

ensuring the security of energy supplies.’.

Member’s explanatory statement

Subsections 2A and 2B commit the Government to producing an annual report on the electricity

supply capacity. This amendment requires the Government to formally define distributed energy

and to set out how distributed energy will be recognised in energy policy, including when

considering the security of supplies.

Caroline Lucas

170

Clause  78,  page  60,  line  7,  at end insert—

‘(f)
electricity generated from distributed energy sources’.

Member’s explanatory statement

This amendment will ensure that the new assessment of what electricity supply capacity is required

will take into account electricity generated from distributed energy sources. It does so by adding

distributed energy to a list of other factors that have to be considered.

Gregory Barker

53

Clause  80,  page  62,  line  10,  after ‘have’, insert ‘piped’.

Gregory Barker

54

Clause  80,  page  62,  line  14,  at end insert—

‘(1A)
This section does not apply by virtue of subsection (1)(c) where a person makes

an application to the owner of a gas processing facility for a right to have gas

processed by the facility for a downstream purpose (as to which, see section 12

of the Gas Act 1995).’.

Public Bill Committee: 14 June 2011
174

Energy Bill-[Lords], continued

Gregory Barker

55

Clause  80,  page  63,  line  39,  at end insert—

‘(10A)
A notice under subsection (10) may also contain such provisions as the Secretary

of State considers appropriate for the purpose of ensuring that no person suffers

a loss by reason of the mixing together of—

(a)
substances conveyed by the pipeline or processed by the facility on

behalf of the applicant in exercise of a right secured by the notice; and

(b)
substances conveyed by the pipeline or processed by the facility by or on

behalf of any other person.’.

Gregory Barker

56

Clause  80,  page  63,  line  48,  leave out from ‘applicant’ to end of line 3 on page 64

and insert—

‘(12A)
If a notice under subsection (10) contains provision of a sort mentioned in

subsection (9) or (10A) the Secretary of State must give a copy of the notice to

every person who has a right to have anything conveyed by the pipeline or

processed by the facility.

(12B)
Before giving a copy of a notice under subsection (12A) the Secretary of State

must—

(a)
remove from the copy any provision included in the notice by virtue of

subsection (10)(d) or (11)(a); and

(b)
after giving the owner and the applicant an opportunity to be heard,

remove from the copy any other provision included in the notice which

the Secretary of State considers may prejudice the commercial interests

of the owner or the applicant if not removed.’.

Gregory Barker

57

Clause  82,  page  65,  line  42,  leave out from beginning to ‘person’ in line 44 and

insert ‘If a notice under subsection (2) contains provision by virtue of subsection (4) the

Secretary of State must give a copy of the notice to every’.

Gregory Barker

58

Clause  82,  page  65,  line  45,  at end insert—

‘(5A)
Before giving a copy of a notice under subsection (5) the Secretary of State

must—

(a)
remove from the copy any provision included in the notice by virtue of

subsection (3)(b); and

(b)
after giving the owner and the applicant an opportunity to be heard,

remove from the copy any other provision included in the notice which

the Secretary of State considers may prejudice the commercial interests

of the owner or the applicant if not removed.’.

Public Bill Committee: 14 June 2011
175

Energy Bill-[Lords], continued

Gregory Barker

73

Schedule  2,  page  87,  line  21,  leave out paragraphs 8 to 10.

Gregory Barker

74

Schedule  2,  page  87,  leave out lines 33 to 35 and insert—

‘“(A3)
Pipelines that are relevant upstream petroleum pipelines for the purposes of

section 80(1) of the Energy Act 2011 are excepted from the operation of this

section.”’.

Gregory Barker

59

Clause  88,  page  70,  line  6,  leave out from second ‘facility’ to end of line 7 and

insert ‘which—

(a)
carries out gas processing operations in relation to piped gas;

(b)
is operated otherwise than by a gas transporter; and

(c)
is not an LNG import or export facility (within the meaning of section 12

of the Gas Act 1995);’.

Gregory Barker

60

Clause  88,  page  70,  line  12,  at end insert—

‘“piped gas” means gas which—

(a)
originated from a petroleum production project; and

(b)
has been conveyed only by means of pipes;’.

Gregory Barker

61

Clause  88,  page  70,  line  18,  at end insert ‘and is not a carbon dioxide pipeline’.

Gregory Barker

62

Clause  88,  page  70,  line  32,  at end insert—

‘“carbon dioxide pipeline” means—

(a)
a pipeline used to convey carbon dioxide to a carbon dioxide

storage site; or

(b)
a pipeline which is not being used for any purpose but which is

intended to be used to convey carbon dioxide to such a site;

“carbon dioxide storage site” means a facility—

(a)
for the storage of carbon dioxide (with a view to its permanent

disposal, or as an interim measure prior to its permanent

disposal); and

(b)
in respect of the use of which a person is required to have a

licence under section 18 of the Energy Act 2008;’

Public Bill Committee: 14 June 2011
176

Energy Bill-[Lords], continued

Gregory Barker

63

Clause  95,  page  76,  line  32,  after ‘conditions of’, insert ‘generation, distribution

and supply’.

Gregory Barker

64

Clause  95,  page  76,  line  35,  after ‘conditions of’, insert ‘transporter, supply and

shipping’.

Gregory Barker

65

Clause  95,  page  76,  line  37,  at end insert—

‘(11A)
In section 146(5) of the Energy Act 2004 (standard conditions of interconnector

licences under Part 1 of the Electricity Act 1989), for “or under this Act”

substitute “, under this Act or under section 95 of the Energy Act 2011”.

(11B)
In section 150(5) of the Energy Act 2004 (standard conditions of interconnector

licences under Part 1 of the Gas Act 1986), for “or under this Act” substitute “,

under this Act or under section 95 of the Energy Act 2011”.’.

Caroline Lucas

44

Page  80,  line  1,  leave out Clause 102.

Member’s explanatory statement

The purpose of this amendment is to delete Clause 102 which allows the Secretary of State to re-

open agreements on the requirments for nuclear power generating companies to provide for

decommissioning.

Gregory Barker

66

Clause  105,  page  81,  line  20,  leave out subsections (1) and (2) and insert—

‘(1)
The Home Energy Conservation Act 1995—

(a)
ceases to have effect in Scotland;

(b)
ceases to apply in relation to energy conservation authorities in Wales.

(2)
In section 1 of that Act (interpretation) in the definition of “energy conservation
5
measures” after “promotion,” insert “any available financial assistance,”.

(3)
In section 1 of the Sustainable Energy Act 2003 (annual report on the progress

towards sustainable energy aims)—

(a)
subsection (1)(e) and the “and” immediately preceding it cease to have

effect, and
10
(b)
subsection (1AA) ceases to have effect.

(4)
In section 4 of that Act (energy efficiency of residential accommodation: energy

conservation authorities) subsection (13)(b) ceases to have effect.’.



© Parliamentary copyright	Revised 14 June 2011