House of Commons Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

Public Bill Committee: 16 June 2011
247

Energy Bill-[Lords], continued

(b)
in relation to which there is an energy performance certificate, and

(c)
which falls below such level of energy efficiency (as demonstrated by the

energy performance certificate) as is provided for by the regulations,


may not let the property until the landlord has complied with the obligation

mentioned in subsection (2).

(2)
The obligation is to make to the property such relevant energy efficiency

improvements as are provided for by the regulations.

(3)
Regulations under this section are referred to in this Chapter as “Scottish

domestic energy efficiency regulations”.

(4)
For the purposes of Scottish domestic energy efficiency regulations—

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

Performance (Scotland) Regulations;

“landlord” and “let the property” have the meaning given by the regulations

(and “let the property” may be defined to include “continue to let the

property”); and

“relevant energy efficiency improvements” means improvements which—

(e)
are of such description as the regulations provide, and

(f)
can be—

(i)
wholly paid for pursuant to a green deal plan as provided

for by Chapter 1 of this Part,

(ii)
provided free of charge pursuant to an obligation

imposed by an order made under section 33BC or 33BD

of the Gas Act 1986 or section 41A or 41B of the

Electricity Act 1989,

(iii)
wholly financed pursuant to a combination of such a

plan and such an obligation, or

(iv)
financed by such other description of financial

arrangement as the regulations provide.

(5)
The Scottish Ministers may by order amend the definition of “energy

performance certificate” in subsection (4).

(6)
Scottish domestic energy efficiency regulations may come into force no earlier

than 1 April 2015 .’.

Further provision about Scottish domestic energy efficiency regulations

Gregory Barker

nc35

To move the following Clause:—

‘(1)
Scottish domestic energy efficiency regulations may, in particular, include

provision about—

(a)
the period within which improvements required by the regulations must

be started or completed;

(b)
exemptions from any requirement imposed by or under the regulations;

(c)
evidence relating to any requirement imposed by or under the

regulations.

(2)
Provision falling within subsection (1)(b) includes, in particular, provision about

exemptions—

Public Bill Committee: 16 June 2011
248

Energy Bill-[Lords], continued

(a)
relating to any necessary permissions or consents;

(b)
relating to the likely negative impact on the value of a property of

complying with a requirement imposed by or under the regulations.

(3)
Provision falling within subsection (1)(c) includes, in particular, provision about

evidence for the purpose of demonstrating—

(a)
an exemption from a requirement imposed by or under the regulations;

(b)
that a property is not one in relation to which the regulations have effect;

(c)
that the improvements required by or under the regulations are not

relevant energy efficiency improvements within the meaning given by

the regulations.’.

Electricity from renewable sources: National Park authorities and Broads Authority

Gregory Barker

NC42

To move the following Clause:—

‘(1)
This section applies to a body which is a National Park authority or the Broads

Authority.

(2)
The body may—

(a)
produce electricity from a renewable source;

(b)
establish and operate generating stations and other installations for the

purpose of producing electricity from a renewable source;

(c)
make grants or loans to enable other persons to do anything which the

body may do by virtue of paragraph (a) or (b);

(d)
use, sell or otherwise dispose of electricity produced by virtue of the

powers conferred by this section.

(3)
A “renewable source” is—

(a)
in England and Wales, a source listed in regulation 2 of the Sale of

Electricity by Local Authorities (England and Wales) Regulations 2010

(S.I. 2010/1910);

(b)
in Scotland, a source listed in regulation 2 of the Sale of Electricity by

Local Authorities (Scotland) Regulations 2010 (S.I. 2010/1908).

(4)
Any regulations which—

(a)
are made in exercise of the power conferred by section 11(3) of the Local

Government (Miscellaneous Provisions) Act 1976 (power to prescribe

the circumstances in which local authorities may sell electricity), and

(b)
amend, revoke or re-enact regulation 2 of the Sale of Electricity by Local

Authorities (England and Wales) Regulations 2010,


may amend subsection (3)(a) for the purpose of providing what is a “renewable

source” in England and Wales.

(5)
Any regulations which—

(a)
are made in exercise of the power conferred by section 170A(3) of the

Local Government (Scotland) Act 1973 (power to prescribe the

circumstances in which local authorities may sell electricity), and

(b)
amend, revoke or re-enact regulation 2 of the Sale of Electricity by Local

Authorities (Scotland) Regulations 2010,

Public Bill Committee: 16 June 2011
249

Energy Bill-[Lords], continued


may amend subsection (3)(b) for the purpose of providing what is a “renewable

source” in Scotland.

(6)
Nothing in this section—

(a)
exempts a body from the requirements of Part 1 of the Electricity Act

1989, or

(b)
affects what a body has power to do apart from this section.’.

Carbon emissions in local authority areas

Luciana Berger

Huw Irranca-Davies

Caroline Lucas

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;

(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

Caroline Lucas

NC2

To move the following Clause:—

‘(1)
Local authorities must develop and promote a climate change strategy for their

local area.

Public Bill Committee: 16 June 2011
250

Energy Bill-[Lords], continued

(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

(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.

Public Bill Committee: 16 June 2011
251

Energy Bill-[Lords], continued

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.’.

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”’.

Public Bill Committee: 16 June 2011
252

Energy Bill-[Lords], continued

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

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

Public Bill Committee: 16 June 2011
253

Energy Bill-[Lords], continued


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—

“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—



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