House of Commons Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

Public Bill Committee: 21 June 2011
299

Energy Bill [Lords] continued

(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.

(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;

Public Bill Committee: 21 June 2011
300

Energy Bill [Lords] continued

(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.

(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.’.

Public Bill Committee: 21 June 2011
301

Energy Bill [Lords] continued

Further provision about domestic minimum standard regulations: England and Wales

Tessa Munt

Luciana Berger

Huw Irranca-Davies

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

Luciana Berger

Huw Irranca-Davies

NC26

To move the following Clause:—

‘(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
5
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
10
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
15
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.

Public Bill Committee: 21 June 2011
302

Energy Bill [Lords] continued

(5)
Provision falling within subsection (4) includes, in particular, provision—
20
(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);
25
(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.
30
(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;
35
(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 minimum standard regulations may revoke or amend any subordinate

legislation in so far as the subordinate legislation extends to England and Wales.
40
(8)
In this section “subordinate legislation” has the meaning given in section 21(1) of

the Interpretation Act 1978.’.

As an Amendment to Tessa Munt’s proposed New Clause (Sanctions for the purposes

of domestic minimum standard regulations: England and Wales) (NC26):—

Caroline Lucas

(a)

Line  1,  leave out ‘Domestic minimum standards regulations’ and insert

‘Domestic energy efficiency regulations’.

Member’s explanatory statement

This amendment intends for the enforcement mechanism and sanctions set out in NC26 to apply to

NC32.

Protection from eviction under section 21 of the Housing Act 1988

Tessa Munt

Luciana Berger

Huw Irranca-Davies

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

Public Bill Committee: 21 June 2011
303

Energy Bill [Lords] continued

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

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.

Public Bill Committee: 21 June 2011
304

Energy Bill [Lords] continued

(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.’.

Energy tariffs

Simon Wright

Tessa Munt

NC30

To move the following Clause:—

‘(1)
After consultation with electricity and gas retail sellers, and consumer groups, the

Secretary of State shall introduce regulations that make it mandatory for

electricity and gas through pipeline supply companies supplying to domestic

properties to configure their tariffs so that the initial units of energy supplied are

at a lower cost to the consumer than remaining units.

Public Bill Committee: 21 June 2011
305

Energy Bill [Lords] continued

(2)
The principles of the scheme shall be—

(a)
that the number of lower priced initial units shall represent the average

amount of energy required for a household of that size to keep warm,

clean and fed to a modest but acceptable standard;

(b)
the tariff price for the initial units shall be equal to the medium term

marginal cost of the production of that energy;

(c)
overall, the new combined tariff should be revenue neutral to the energy

supply companies.

(3)
The scheme and its tariffs will be assessed and audited by the Office of the Gas

and Electricity Markets, who will also be responsible for the capture, analysis,

and reporting of all information to the Secretary of State regarding the

implementation and management of the scheme.’.

Energy performance certificates on sale and rent

Caroline Lucas

NC31

To move the following Clause:—

‘(1)
A valid energy performance certificate prepared in accordance with the Energy

Performance of Buildings (Certificates and Inspections) (England and Wales)

Regulations 2007 (S.I. 2007/991) (for the purposes of this section “the

Regulations”) must be provided free of charge to every prospective buyer or

tenant at the earliest opportunity in accordance with Regulation 4 of the

Regulations as amended by this Act.

(2)
All materials used for the marketing of a property for either rent or sale shall

include the asset rating of the building expressed in the way required by

Regulation 11(a) of the Regulations.

(3)
All written particulars about a building prepared for the purpose of providing

information about the building to persons who may be interested in buying or

renting the building must include a copy of a valid energy performance certificate

for the building prepared in accordance with the Regulations.

(4)
An energy performance certificate is only valid if it was issued no more than one

year before the date on which it is made available.’.

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.



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