House of Commons Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

Public Bill Committee: 14 June 2011
184

Energy Bill-[Lords], continued

(b)
the storage of liquid gas which, if regasified, would be

suitable for conveyance through pipes to premises in

accordance with a licence under section 7 of the 1986

Act;

but the reference in paragraph (b) to the storage of liquid gas

does not include such temporary storage as is mentioned in the

definition of “LNG import or export facility”;”;

““LNG import or export facility” means a facility in Great Britain

(including the territorial sea adjacent to Great Britain and the sea

in any area designated under section 1(7) of the Continental

Shelf Act 1964) for—

(a)
the importation into Great Britain and regasification of

liquid gas prior to its conveyance to a pipeline system

operated by the holder of a licence under section 7 or

section 7ZA of the 1986 Act, or the liquefaction of gas

for the purpose of its export from Great Britain; and

(b)
any activity, including temporary storage of gas or liquid

gas, which is necessary for that importation,

regasification or liquefaction;”;

““storage”, in relation to liquid gas in a gas storage facility, includes

any liquefaction of gas or regasification of liquid gas ancillary to

the storage of liquid gas, and “stored”, in relation to liquid gas in

a gas storage facility, shall be construed accordingly;”.

(12)
For subsection (7) substitute—

“(7)
Section 89 of the Energy Act 2011 (meaning of “associate”) applies for

the purposes of subsection (3) of this section as it applies for the purposes

of section 80(6)(d) and (8)(a) of that Act.”’.

Regulation of security of nuclear construction sites

Gregory Barker

NC12

To move the following Clause:—

‘(1)
Section 77 of the Anti-terrorism, Crime and Security Act 2001 (regulation of

security of civil nuclear industry) is amended as follows.

(2)
In subsection (1) (list of matters that may be regulated) after paragraph (c)

insert—

“(cza)
nuclear construction sites and equipment used or stored on such

sites;”.

(3)
In subsection (7) after the definition of “equipment” insert—

““nuclear construction site” means a site—

(a)
on which works are being carried out with a view to its becoming

a nuclear site used wholly or mainly for purposes other than

defence purposes; and

Public Bill Committee: 14 June 2011
185

Energy Bill-[Lords], continued

(b)
which is situated within 5 kilometres of an existing nuclear

site.”’.

Abandonment: infrastructure converted for CCS demonstration projects

Gregory Barker

NC13

To move the following Clause:—

‘(1)
The Energy Act 2008 is amended as follows.

(2)
After section 30 insert—

“30A
Installations converted for CCS demonstration projects

(1)
The Secretary of State may by order designate an installation as an

eligible CCS installation.

(2)
But an order may not be made under subsection (1) in relation to—

(a)
a carbon storage installation established or maintained under a

licence granted by the Scottish Ministers, or

(b)
any other installation established or maintained wholly or partly

in Scotland.

(3)
An order under subsection (1) ceases to have effect if the installation in

relation to which it is made becomes an installation within subsection

(2)(a).

(4)
An eligible CCS installation qualifies for change of use relief if—

(a)
the installation is or has been used as part of a CCS

demonstration project, and

(b)
the trigger event has occurred in relation to the installation at a

time when the installation was so used (whether before or after it

was designated under this section).

(5)
The trigger event occurs—

(a)
in relation to an installation used for the injection of captured

carbon dioxide into a carbon storage facility as part of a CCS

demonstration project, when captured carbon dioxide is first

present at the installation, and

(b)
in relation to an installation used as part of a CCS demonstration

project for any other purpose, when captured carbon dioxide is

first present at another installation used as mentioned in

paragraph (a) as part of the same project.

(6)
Where an eligible CCS installation qualifies for change of use relief—

(a)
an abandonment programme notice must not be served on a

person who is within section 30(1) of the 1998 Act only because

one or more of subsections (7) to (9) applies in relation to the

person (but this does not affect the validity of a notice served on

any such person before the installation qualified for change of

use relief), and

Public Bill Committee: 14 June 2011
186

Energy Bill-[Lords], continued

(b)
a proposal must not be made under section 34(1)(b) of the 1998

Act if the effect of the proposal (if implemented) would be to

impose an abandonment liability on a person who is within

section 34(2)(a) of the 1998 Act only because one or more of

subsections (7) to (10) applies in relation to the person.

(7)
This subsection applies in relation to a person if—

(a)
the person is within paragraph (b) of section 30(1) of the 1998

Act in relation to the installation only by virtue of the fact that

the person had a right mentioned in section 30(5)(a) of that Act

when an activity mentioned in section 30(6) of that Act was last

carried on from, by means of or on the installation, and

(b)
any such activity was last so carried on before the trigger event

occurred in relation to the installation.

(8)
This subsection applies in relation to a person if—

(a)
the person is within paragraph (ba) of section 30(1) of the 1998

Act in relation to the installation, and

(b)
the transfer mentioned in sub-paragraph (i) of that paragraph

took place before the trigger event occurred in relation to the

installation.

(9)
This subsection applies in relation to a person if the person is within

paragraph (e) of section 30(1) of the 1998 Act only by virtue of being

associated with a body corporate which is within subsection (7) or (8).

(10)
This subsection applies in relation to a person if the person has been

within any of paragraphs (a), (b), (c), (d) or (e) of section 30(1) of the

1998 Act in relation to the installation, but only at a time—

(a)
when the installation was an offshore installation (within the

meaning given by section 44 of the 1998 Act), and

(b)
before the trigger event occurred in relation to the installation.

(11)
The power conferred by subsection (1) does not include a power to

revoke an order made under that subsection.

(12)
In this section—

“abandonment liability”, in relation to an installation, means a duty to

secure that an abandonment programme for the installation is carried out;

“abandonment programme”, in relation to an installation, means a

programme in respect of the installation approved, or having effect as if

approved, by the Secretary of State under section 32 of the 1998 Act;

“abandonment programme notice” means a notice served under section

29(1) of the 1998 Act;

“captured carbon dioxide” means carbon dioxide that has been produced by,

or in connection with, commercial electricity generation and captured

with a view to its disposal by way of permanent storage;

“carbon dioxide”, “CCS demonstration project” and “commercial

electricity generation” have the same meanings as in Part 1 of the Energy

Act 2010 (see section 7 of that Act);

“carbon storage facility” has the same meaning as in section 20;

“Scotland” has the same meaning as in the Scotland Act 1998 (see section

126(1) of that Act).

(13)
Section 30(8) to (9) of the 1998 Act (when one body corporate is

associated with another) apply for the purposes of this section.

Public Bill Committee: 14 June 2011
187

Energy Bill-[Lords], continued

30B
Submarine pipelines converted for CCS demonstration projects

(1)
The Secretary of State may by order designate a submarine pipeline as an

eligible CCS pipeline.

(2)
An eligible CCS pipeline qualifies for change of use relief if—

(a)
the pipeline is or has been used as part of a CCS demonstration

project for a purpose other than the transport of petroleum, and

(b)
the trigger event has occurred in relation to the pipeline at a time

when the pipeline was so used (whether before or after it was

designated under this section).

(3)
The trigger event—

(a)
in relation to a pipeline used to transport captured carbon dioxide

as part of a CCS demonstration project, occurs when captured

carbon dioxide is first present in the pipeline, and

(b)
in relation to a pipeline used as part of a CCS demonstration

project for any other purpose, occurs—

(i)
when captured carbon dioxide is first present in another

pipeline used as part of the same project, or

(ii)
if earlier, when captured carbon dioxide is first present

at an installation used as part of the same project for the

injection of captured carbon dioxide into a carbon

storage facility.

(4)
Where an eligible CCS pipeline qualifies for change of use relief, a

proposal must not be made under section 34(1)(b) of the 1998 Act if the

effect of the proposal (if implemented) would be to impose an

abandonment liability on a person who is within section 34(2)(b) of the

1998 Act only because subsection (5) applies in relation to the person.

(5)
This subsection applies in relation to a person if the person has been

within any of paragraphs (a) to (c) of section 30(2) of the 1998 Act in

relation to the pipeline, but only at a time—

(a)
when the pipeline was used solely for activities other than

activities connected with any mentioned in section 17(2)(a), (b)

or (c), and

(b)
before the trigger event occurred in relation to the pipeline.

(6)
The power conferred by subsection (1) does not include a power to

revoke an order made under that subsection.

(7)
In this section—

“abandonment liability”, in relation to a submarine pipeline, is a duty to

secure that an abandonment programme for the pipeline is carried out;

“abandonment programme”, in relation to a submarine pipeline, means a

programme in respect of the pipeline approved, or having effect as if

approved, by the Secretary of State under section 32 of the 1998 Act;

“captured carbon dioxide” and “CCS demonstration project” have the same

meanings as in section 30A;

“carbon storage facility” has the same meaning as in section 20;

“petroleum” has the same meaning as in Part 1 of the 1998 Act (see section

1 of that Act) and includes petroleum that has undergone any processing;

“submarine pipeline” has the same meaning as in Part 4 of the Petroleum

Act 1998 (see section 45 of that Act).”

Public Bill Committee: 14 June 2011
188

Energy Bill-[Lords], continued

(3)
In the cross heading before section 30, for “installations” substitute

“infrastructure”.

(4)
In section 30 (abandonment of installations)—

(a)
in subsection (1) (application of Part 4 of Petroleum Act 1998 in relation

to abandonment of carbon storage installations)—

(i)
for ““the 1998 Act”” substitute “referred to in this section and

sections 30A and 30B as “the 1998 Act””, and

(ii)
at the end insert “and section 30A”,

(b)
after subsection (4) (power to make regulations modifying Part 4 of the

1998 Act in its application to carbon storage installations) insert—

“(4A)
The power in subsection (4) is subject to section 30A.”, and

(c)
in subsection (5) (meaning of “carbon storage installation”) after “this

section” insert “and section 30A”.

(5)
In section 105(2) (parliamentary control of subordinate legislation), after

paragraph (a) insert—

“(aa)
an order which contains provision made under section 30A or

30B only (powers to designate installations and submarine

pipelines as eligible CCS installations and eligible CCS

pipelines);”.’.

Carbon dioxide pipelines: powers of compulsory acquisition

Gregory Barker

NC14

To move the following Clause:—

‘(1)
The Pipe-lines Act 1962 is amended as follows.

(2)
In section 12 (orders for compulsory acquisition of rights over land for pipe-line

construction)—

(a)
in subsection (1), for “the next following section” substitute “section 13”;

(b)
in subsections (2), (4), (5)(a) and (b), (5A) (in both places), (6) and (7),

after “a compulsory rights order” insert “under this section”;

(c)
in subsection (3), after “compulsory rights orders” insert “under this

section”.

(3)
After section 12 insert—

“Pipe-lines for Conveying Carbon Dioxide: Compulsory Acquisition of Rights

over Land

12A
Orders for compulsory acquisition of rights over land: pipe-lines for

conveying carbon dioxide

(1)
This section applies in relation to a pipe-line (or a length of a pipe-line)

that is intended to be converted into a pipe-line (or length) used for

conveying carbon dioxide.

(2)
The owner of the pipe-line may apply to the Secretary of State for an

order under subsection (3) in relation to land in which the pipe-line (or a

length of the pipe-line) is situated.

Public Bill Committee: 14 June 2011
189

Energy Bill-[Lords], continued

(3)
An order under this subsection is an order authorising the owner of the

pipe-line to do one or more of the following—

(a)
to use the pipe-line (or length of the pipe-line) in the land

described in the order to convey carbon dioxide;

(b)
to execute pipe-line works in the land which are necessary in

consequence of the presence of the pipe-line (or length) in the

land;

(c)
to execute pipe-line works in the land to enable the pipe-line (or

length) to be used to convey carbon dioxide or in consequence of

its use to convey carbon dioxide;

(d)
to exercise, in relation to the pipe-line (or length), such of the

rights mentioned in Schedule 4 as may be specified in the order.


An order under this subsection is referred to in this Act as a “compulsory

rights order”.

(4)
A compulsory rights order under this section may be made subject to

conditions (see section 13).

(5)
On receiving an application under subsection (2), the Secretary of State

may grant or refuse the application.

(6)
Part 1 of Schedule 2, as modified by Part 2 of that Schedule, has effect in

relation to applications for compulsory rights orders under this section.

(7)
A compulsory rights order under this section enures for the benefit of the

owner for the time being of the pipe-line.

(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.



© Parliamentary copyright	Revised 14 June 2011