House of Commons Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

Public Bill Committee: 21 June 2011
285

Energy Bill [Lords] continued

(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.

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”.’.

Public Bill Committee: 21 June 2011
286

Energy Bill [Lords] continued

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—

(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);

Public Bill Committee: 21 June 2011
287

Energy Bill [Lords] continued

(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;

“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);

Public Bill Committee: 21 June 2011
288

Energy Bill [Lords] continued

(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

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,”.’.

Public Bill Committee: 21 June 2011
289

Energy Bill [Lords] continued

Domestic energy efficiency regulations: England and Wales

Gregory Barker

NC32

To move the following Clause:—

‘(1)
The Secretary of State must make regulations for the purpose of securing that a

landlord of a domestic PR property—

(a)
which is of such description of domestic PR property as is provided for

by the regulations,
5
(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).
10
(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 “domestic energy

efficiency regulations”.

(4)
For the purposes of domestic energy efficiency regulations—
15
“energy performance certificate” has the meaning given by the Energy

Performance 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
20
“relevant energy efficiency improvements” means improvements which—

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

(d)
can be—

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

for by Chapter 1 of this Part,
25
(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
30
plan and such an obligation, or

(iv)
financed by such other description of financial

arrangement as the regulations provide.

(5)
The Secretary of State may by order amend the definition of “energy performance

certificate” in subsection (4).
35
(6)
The first domestic energy efficiency regulations must come into force no later

than 1 April 2018.’.

As Amendments to Gregory Barker’s proposed New Clause (Domestic energy

efficiency regulations: England and Wales) (NC32):—

Caroline Lucas

(a)

Line  2,  after ‘landlord’, insert ‘or his appointed agent’.

Member’s explanatory statement

This amendment would prevent landlords’ agents, as well as landlords, from letting a property

which does not meet minimum energy efficiency standards.

Public Bill Committee: 21 June 2011
290

Energy Bill [Lords] continued

Caroline Lucas

(b)

Line  8,  after ‘let’, insert ‘or market to let’.

Member’s explanatory statement

This amendment would require all properties being let, or being marketed to let, to meet minimum

energy efficiency standards.

Caroline Lucas

(c)

Line  11,  at end insert ‘, such that the property shall not fall below the level of

energy efficiency as is provided for in the regulations.’.

Member’s explanatory statement

This amendment ensures that the clause explicitly states that the improvements which must be

made under the regulations must bring the property above the minimum standard set by

regulations.

Caroline Lucas

(d)

Line  11,  at end insert—

‘(2A)
The level of energy efficiency as is provided for by the regulations shall be at least

equivalent to the efficiency required to meet Band E expressed in accordance

with Regulation 11(1)(a) of the Energy Performance Regulations.’.

Member’s explanatory statement

This amendment requires that the first minimum energy efficiency standard shall be Band E or

above as shown by an Energy Performance Certificate.

Caroline Lucas

(e)

Line  11,  at end insert—

‘(2A)
The level of energy efficiency as is provided for by the regulations shall be set at

such a level that at least 680,000 domestic PR properties in England would fall

below it.’.

Member’s explanatory statement

This amendment requires that the first minimum level of energy efficiency shall be set at such a

level that at least 680,000 domestic PR properties in England would fall below it.

Caroline Lucas

(f)

Line  18,  leave out from ‘(and’ to ‘property;)’ in line 19.

Member’s explanatory statement

This amendment removes the requirement that properties cannot continue to be let to the same

tenant after the date that the minimum energy efficiency standards come into force if they do not

meet those standards.

Caroline Lucas

(g)

Line  36,  leave out ‘2018’ and insert ‘2016’.

Member’s explanatory statement

This amendment brings forwards the latest date that domestic energy efficiency regulations must

come into force from 1 April 2018 to 1 April 2016.

Public Bill Committee: 21 June 2011
291

Energy Bill [Lords] continued

Caroline Lucas

(h)

Line  36,  at end add—

‘(7)
The Secretary of State shall from time to time, and at least once every four years,

review the level of energy efficiency provided for by the regulations, and shall

increase the level as he sees appropriate.’.

Member’s explanatory statement

This amendment requires that over time, the minimum energy efficiency standards which apply to

private rented properties shall increase at least once every four years.

Further provision about domestic energy efficiency regulations

Gregory Barker

NC33

To move the following Clause:—

‘(1)
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—

(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.’.

Domestic energy efficiency regulations: Scotland

Gregory Barker

NC34

To move the following Clause:—

‘(1)
The Scottish Ministers may make regulations for the purpose of securing that a

landlord of a Scottish domestic PR property—

(a)
which is of such description of Scottish domestic PR property as is

provided for by the regulations,



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