House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

123

House of Commons

Tuesday 5 February 2013

Public Bill Committee

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Energy Bill

Note

The Amendments have been arranged in accordance with the Order of the

Committee [15 January].

Dr Alan Whitehead

Caroline Flint

Tom Greatrex

Luciana Berger

118

Clause  109,  page  81,  line  23,  leave out ‘may’ and insert ‘shall within 12 months of

the passing of this Act’.

Dr Alan Whitehead

Caroline Flint

Tom Greatrex

Luciana Berger

119

Clause  109,  page  81,  line  35,  at end insert—

‘(2A)
The strategic priorities shall include a target (the “2030 target”) for

decarbonisation of electricity supply in the United Kingdom which when taken in

aggregate produces electricity at a level of carbon dioxide of 50g/kWh or less by

1 January 2030.

(2B)
It is the duty of the Secretary of State to ensure that the 2030 target is met.

(2C)
The Secretary of State must exercise all of the Secretary of State’s functions

under Part 1 of this Act and under this Part, and any secondary legislation made

under either Part, in order to achieve the 2030 target.

(2D)
Progress towards meeting the 2030 target shall be included in the annual progress

reports produced by the Committee on Climate Change under section 36 of the

Climate Change Act 2008.’.

Public Bill Committee: 5 February 2013
124

Energy Bill, continued

Sir Robert Smith

Sir Nick Harvey

132

Clause  109,  page  81,  line  35,  at end insert—

‘( )
The strategic priorities and policy outcomes set out in subsection (2) must include

proposals that ensure the use of biomass for the purpose of generating electricity

meets the sustainability criteria in Article 54 of the Renewables Obligation Order,

RO 2009, as amended or as directed by the Secretary of State.’.

Dr Alan Whitehead

Caroline Flint

Tom Greatrex

Luciana Berger

120

Clause  110,  page  82,  line  10,  at end insert—

‘(1A)
The Secretary of State must lay and publish a delivery plan to achieve the 2030

target and any interim targets.

(1B)
If at any time it appears that a delivery plan will or may not achieve the 2030

target, or any of the interim targets, the delivery plan shall be amended so as to

achieve the 2030 target and the interim targets.

(1C)
For the purposes of this section “the 2030 target” shall be defined as a target for

decarbonisation of electricity supply in the United Kingdom which when taken in

aggregate produces electricity at a level of carbon dioxide of 50g/kWh or less by

1 January 2030.’.

Dr Alan Whitehead

Caroline Flint

Tom Greatrex

Luciana Berger

116

Clause  112,  page  83,  line  42,  at end insert—

‘(6A)
The Secretary of State may, following advice from the Committee on Climate

Change that the cost of carbon saving technology has significantly changed, by

order amend the level at which the 2030 target is set.

(6B)
The power in subsection (6A) may only be exercised if policies in other sectors

of the economy will ensure that—

(a)
the carbon budgets; and

(b)
the 2050 target;


will be met regardless of the amendment to the 2030 target.

(6C)
Where the Secretary of State makes an amendment under subsection (6A), the

Secretary of State may amend any interim targets if, in the opinion of the

Secretary of State, the amendment is necessary in order to achieve the 2030 target

as amended.

Public Bill Committee: 5 February 2013
125

Energy Bill, continued

(6D)
Where the Secretary of State makes an amendment under subsection (6A), the

Secretary of State must review and where necessary amend the policies that he

has set out to achieve the 2030 target and the interim targets as amended.

(6E)
For the purposes of this section—

“the 2030 target” shall be defined as a target for decarbonisation of

electricity supply in the United Kingdom which when taken in aggregate

produces electricity at a level of carbon dioxide of 50g/kWh or less by 1st

January 2030.

“2050 target” has the meaning given in section 1 of the Climate Change Act

2008;

“carbon budgets” has the meaning given in section 4(1) of the 2008 Act;

“carbon saving technology” means the technology used, or capable of use

in any sector of the economy to meet—

(a)
the carbon budgets; and

(b)
the 2050 target.’.

Dr Alan Whitehead

Caroline Flint

Tom Greatrex

Luciana Berger

117

Clause  112,  page  84,  line  7,  at end insert—

‘(9A)
The National System Operator (or any alternative delivery body specified under

section 34(1)) and the Authority shall exercise their functions under this Act, and

any secondary legislation, with the objective of meeting the 2030 target.

(9B)
In providing any evidence and analysis, including in relation to any delivery plan,

which may be required by the Secretary of State under this Act or under

secondary legislation, the National System Operator (or any alternative delivery

body specified under section 34(1)) shall ensure that the advice is given taking

into account the objective of meeting the 2030 target.

(9C)
For the purposes of this section “the 2030 target” shall be defined as a target for

decarbonisation of electricity supply in the United Kingdom which when taken in

aggregate produces electricity at a level of carbon dioxide of 50g/kWh or less by

1 January 2030.’.

Mr Mike Weir

18

Clause  113,  page  85,  line  14,  after ‘Parliament’, insert ‘and the Scottish and Welsh

Ministers’.

Mr Mike Weir

19

Clause  113,  page  85,  line  18,  after ‘Parliament’, insert ‘and the agreement of the

Scottish and Welsh Ministers’.

Public Bill Committee: 5 February 2013
126

Energy Bill, continued

Tom Greatrex

Luciana Berger

126

Schedule  14,  page  178,  line  42,  leave out subsection (4).

Tom Greatrex

Luciana Berger

127

Schedule  14,  page  179,  line  7,  after ‘turnover’, insert ‘unless one or more

consumers have suffered loss or damage greater than this value.’.

Tom Greatrex

Luciana Berger

128

Schedule  14,  page  179,  line  13,  after ‘turnover’, insert ‘unless one or more

consumers have suffered loss or damage greater than this value.’.

Tom Greatrex

Luciana Berger

129

Schedule  14,  page  185,  line  20,  leave out subsection (4).

Tom Greatrex

Luciana Berger

130

Schedule  14,  page  185,  line  29,  at end insert ‘unless one or more consumers have

suffered loss or damage greater than this value.’.

Tom Greatrex

Luciana Berger

131

Schedule  14,  page  185,  line  35,  at end insert ‘unless one or more consumers have

suffered loss or damage greater than this value.’.

Tom Greatrex

Luciana Berger

125

Clause  116,  page  87,  line  39,  at end insert—

‘(4)
This section shall take effect on that day on which the first strategy and policy

statement comes into effect.’.

Mr John Hayes

98

Clause  118,  page  88,  line  36,  leave out ‘by, or by’ and insert ‘by or on behalf of, or

Public Bill Committee: 5 February 2013
127

Energy Bill, continued

by or on behalf of’.

Tom Greatrex

Luciana Berger

72

Clause  121,  page  92,  line  32,  at end insert ‘and any successor authority’.

Mr John Hayes

99

Clause  124,  page  94,  line  37,  after ‘paragraphs’ insert ‘16(3),’.

Gregory Barker

133


Clause  125,  page  95,  line  19,  at end insert—

‘( )
sections [Power to modify energy supply licences: domestic supply

contracts], [Section [Power to modify energy supply licences: domestic

supply contracts]: procedure etc], [General duties of Secretary of State]

and [Consequential provision] (domestic tariffs: modifications of energy

supply licences);

( )
section [Powers to alter activities requiring licence: activities related to

supply contracts].’.

New Clauses

Decarbonisation target range

Mr John Hayes

NC8


To move the following Clause:—

‘(1)
It is the duty of the Secretary of State to ensure, in respect of each year in relation

to which a decarbonisation target range is set, that the carbon intensity of

electricity generation in Great Britain is no greater than the maximum permitted

level of the decarbonisation target range.

(2)
The Secretary of State may by order (“a decarbonisation order”) set or amend a

decarbonisation target range in relation to a year.

(3)
A “decarbonisation target range”, in relation to any year, means a range for the

carbon intensity of electricity generation in Great Britain.

(4)
Section [Meaning and calculation of “carbon intensity of electricity generation

in Great Britain”] makes further provision in relation to subsection (3).

Public Bill Committee: 5 February 2013
128

Energy Bill, continued

(5)
The earliest year in relation to which a decarbonisation target range may be set is

2030; and the first decarbonisation order may not be made before the date on

which the carbon budget for the budgetary period which includes the year 2030

is set by virtue of the duty of the Secretary of State under section 4(2)(b) of the

Climate Change Act 2008.

(6)
A decarbonisation order may amend a decarbonisation target range only if it

appears to the Secretary of State that significant changes affecting the basis on

which the decarbonisation target range was set (or previously amended) make it

appropriate to do so.

(7)
The Secretary of State may not revoke a decarbonisation order unless, in respect

of each year in relation to which the order sets a decarbonisation target range, a

decarbonisation target range remains in effect.

(8)
A decarbonisation order may—

(a)
amend section 23(4) of the Climate Change Act 2008 (alteration of

budgetary periods) so that after “Act” there is inserted “or sections

[Decarbonisation target range] to [Meaning and calculation of “carbon

intensity of electricity generation in Great Britain”] of the Energy Act

2013”;

(b)
repeal section 5 of the Energy Act 2010 (reports on decarbonisation and

CCS progress).

(9)
Provision made by virtue of subsection (8) may also—

(a)
include incidental, supplementary and consequential provision;

(b)
make transitory or transitional provision or savings.

(10)
A decarbonisation order is to be made by statutory instrument and a statutory

instrument containing a decarbonisation order may not be made unless a draft of

the instrument has been laid before and approved by a resolution of each House

of Parliament.

(11)
Before laying before Parliament a draft of a statutory instrument containing a

decarbonisation order the Secretary of State must consult the Scottish Ministers

and the Welsh Ministers.’.

Matters to be taken into account

Mr John Hayes

NC9


To move the following Clause:—

‘(1)
The following matters must be taken into account by the Secretary of State in

setting or amending a decarbonisation target range.

(2)
The matters are—

(a)
scientific knowledge about climate change;

(b)
technology relevant to the generation and storage of electricity and to the

demand for and use of electricity;

(c)
economic circumstances, and in particular the likely impact on the

economy and the competitiveness of particular sectors of the economy;

(d)
fiscal circumstances, and in particular the likely impact on taxation,

public spending and public borrowing;

(e)
social circumstances, and in particular the likely impact on fuel poverty;

(f)
the structure of the energy market in Great Britain;

Public Bill Committee: 5 February 2013
129

Energy Bill, continued

(g)
differences in circumstances between England, Wales and Scotland;

(h)
circumstances at European and international level;

(i)
the duties of the Secretary of State under sections 1 and 4(1)(b) of the

Climate Change Act 2008 (carbon targets and budgets).’.

Further duties of the Secretary of State

Mr John Hayes

NC10


To move the following Clause:—

‘(1)
As soon as is reasonably practicable after a decarbonisation order is made, the

Secretary of State must lay before Parliament a report setting out proposals and

policies for fulfilling the duty in section [Decarbonisation target range](1).

(2)
Before laying the report under subsection (1), the Secretary of State must consult

the Scottish Ministers and the Welsh Ministers; and the Secretary of State must

send a copy of the report to them.

(3)
The Secretary of State must in respect of each year—

(a)
beginning with the year after the first year in which a decarbonisation

order is made, and

(b)
ending with the final year in relation to which a decarbonisation target

range is set,


lay before Parliament a statement of the carbon intensity of electricity generation

in Great Britain in relation to that year.

(4)
Section [Meaning and calculation of “carbon intensity of electricity generation

in Great Britain”] makes further provision in relation to subsection (3).

(5)
The statement must include—

(a)
a summary of the means by which the carbon intensity was calculated;

(b)
in any statement after the first, a declaration of whether the carbon

intensity has decreased or increased since the previous statement.

(6)
In respect of any year in relation to which a decarbonisation target range is set,

the statement must also include—

(a)
a declaration that the carbon intensity in relation to that year was no

greater than the maximum permitted level of the decarbonisation target

range, or

(b)
the reasons why the carbon intensity in relation to that year was greater

than the maximum permitted level of the decarbonisation target range.

(7)
The statement required by subsection (3) must be laid before Parliament not later

than the 31st March in the second year following the year in respect of which the

carbon intensity is being stated.

(8)
The Secretary of State must send a copy of the statement required by subsection

(3) to the Scottish Ministers and the Welsh Ministers.’.



© Parliamentary copyright	Revised 5 February 2013