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(12) For subsection (10A) substitute—

(10A) 40The Secretary of State must obtain the consent of the Scottish Ministers
before making an order under this section which contains provision
that—

(a) is included by virtue of subsection (2)(b),

(b) extends to Scotland, and

(c) 45would be within the legislative competence of the Scottish
Parliament if contained in an Act of that Parliament.

Energy BillPage 49

(13) After subsection (12) insert—

(12A) Subsection (12) does not apply to an order under this section made only
for the purpose of amending an earlier order under this section so as to
alter the provision included in the earlier order by virtue of any of
5paragraphs (b), (ba) or (c) of subsection (5).
But such an order shall be subject to annulment in pursuance of a
resolution of either House of Parliament.

(12B) If an order under this section provides for the Administrator to be a
body other than the Authority, the Secretary of State may make
10payments to the body of such amounts as the Secretary of State
considers appropriate.

(14) In subsection (13) before the definition of “microgeneration” insert—

(15) 15The reference in subsection (12A) of section 41A of the Electricity Act 1989 to
paragraph (c) of subsection (5) of that section includes a reference to paragraph
(c) of subsection (5) of that section before its substitution by subsection (6) of
this section.

(16) The power to make orders under section 41A of the Electricity Act 1989 may
20not be exercised so as to impose an obligation on an electricity generator that
has effect after 31 December 2012.

66 Promotion of reductions in home-heating costs: gas transporters and
suppliers

After section 33BC of the Gas Act 1986 (promotion of reductions in carbon
25emissions: gas transporters and suppliers) insert—

33BD Promotion of reductions in home-heating costs: gas transporters and
gas suppliers

(1) The Secretary of State may by order impose—

(a) on each gas transporter (or each gas transporter of a specified
30description); and

(b) on each gas supplier (or each gas supplier of a specified
description),

an obligation to achieve, within a specified period and in accordance
with the order, the home-heating cost reduction target to be
35determined by the Administrator under the order for that transporter
or supplier (and that obligation is referred to in this section as a “home-
heating cost reduction obligation”).

(2) In this section—

(a) “the Administrator” means—

(i) 40the Authority; or

(ii) if the order so provides, the Secretary of State or a
specified body other than the Authority;

(b) “home-heating cost reduction target” means a target for the
promotion of measures for reducing the cost to individuals of
45heating their homes;

(c) “specified” means specified in the order.

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