House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

Public Bill Committee: 29 January 2013
93

Energy Bill, continued

“(5)
For the purposes of subsections (3) and (4), each of the

following is a relevant body—

(a)
the Health and Safety Executive;

(b)
the Office for Nuclear Regulation.”.’.

Mr John Hayes

112

Schedule  12,  page  171,  line  24,  at end insert—

‘Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)

70A
In section 25 of the Corporate Manslaughter and Corporate Homicide Act

2007, in the definition of “health and safety legislation”, at the end insert “and

provision dealing with health and safety matters contained in Part 2 of the

Energy Act 2013 (nuclear regulation)”.’.

Mr John Hayes

113

Schedule  12,  page  171,  line  29,  at end insert—

‘Energy Act 2008 (c. 32)

71A
The Energy Act 2008 is amended as follows.

71B
In section 46 (approval of a funded decommissioning programme), in

subsection (6), for paragraph (a) substitute—

“(a)
the Office for Nuclear Regulation,”.

71C
In section 50 (power to disapply section 49), in subsection (2), for paragraph

(a) substitute—

“(a)
the Office for Nuclear Regulation,”.

71D
In section 54 (nuclear decommissioning: regulations and guidance), in

subsection (8), for paragraph (a) substitute—

“(a)
the Office for Nuclear Regulation,”.

71E
In section 59 (offence of further disclosure of information), in subsection

(2)(c)—

(a)
for “the Health and Safety Executive” substitute “the Office for

Nuclear Regulation”;

(b)
for “the Executive” substitute “the Office for Nuclear Regulation”.

71F
In section 63 (co-operation with other public bodies), in subsection (2), for

paragraph (a) substitute—

“(a)
the Office for Nuclear Regulation;”.’.

Mr John Hayes

114

Schedule  12,  page  172,  line  4,  at end insert—

‘Health and Social Care Act 2012 (c. 7)

74
In section 58(6) of the Health and Social Care Act 2012 (radiation protection

functions), after paragraph (b) insert—

“(c)
the Office for Nuclear Regulation”.’.

Public Bill Committee: 29 January 2013
94

Energy Bill, continued

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.’.

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.’.

Public Bill Committee: 29 January 2013
95

Energy Bill, continued

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.

(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.

Public Bill Committee: 29 January 2013
96

Energy Bill, continued

(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’.

Mr John Hayes

98

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

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),’.

Public Bill Committee: 29 January 2013
97

Energy Bill, continued

New Clauses

Payment of winter fuel allowance to pensioners off the gas grid

Mr Mike Weir

NC1

To move the following Clause:—

‘Regulations shall be made to allow the payment of Winter Fuel Allowance

payable under the Social Fund Winter Fuel Payment Regulations 2000 (SI 2000/

729) to eligible persons whose main residences are not connected to the mains gas

grid and whose principle source of fuel is home fuel oil, liquid petroleum gas or

propane gas, no later than 30 September in each calendar year.’.

Strategic reserve

Dr Alan Whitehead

NC2

To move the following Clause:—

‘(1)
The Secretary of State may by regulation introduce a system of strategic reserve

of supply if he determines that the expense of maintaining a capacity market is

detrimental to the continuing interests of either—

(a)
security of supply, or

(b)
energy customers.

(2)
The Secretary of State may by regulation designate a nominated person to hold

and manage the strategic reserve on his behalf (“the Strategic Reserve Operator”).

(3)
A person is eligible to be designated if the person is—

(a)
a company formal and registered under the Companies Act 2006, or

(b)
a public authority, including any person whose functions are of a public

nature.

(4)
The Strategic Reserve Operator must contract with the System Operator for the

circumstances under which the Strategic Reserve Operator supplies power to the

System Operator.

(5)
The Secretary of State must approve the drawing up of any contract between the

System Operator and the Strategic Reserve Operator and may from time to time

vary the terms of the contract should circumstances require.

(6)
The Secretary of State must lay before Parliament a reasoned case for any change

of content under subsection (5).

(7)
Strategic Reserve regulations may make provision for payments to be made by

electricity suppliers or capacity providers to a settlement body (see section

18(4)(g)) for the purposes of enabling the body—

(a)
to meet such descriptions of its costs that the Secretary of State considers

appropriate;

(b)
to hold sums in reserve;

Public Bill Committee: 29 January 2013
98

Energy Bill, continued

(c)
to make payments to the Strategic Reserve Operator for the purpose of

securing and operating strategic reserve capacity.’.

Electricity efficiency incentives

Dr Alan Whitehead

Zac Goldsmith

Peter Aldous

NC3

To move the following Clause:—

‘(1)
The Secretary of State must within one year of the passing of this Act make

regulations establishing a scheme or schemes to make payments for the purpose

of rewarding the installation of electricity saving measures.

(2)
Prior to the making of regulations under this section, the Secretary of State must

publish a report setting out the total potential for electricity demand reduction and

the extent to which this potential will be achieved by Government policies

including—

(a)
the scheme or schemes; and

(b)
other relevant programmes, regulation or expenditure.

(3)
Regulations under this section must—

(a)
specify the parties from and to whom payments may be made;

(b)
make provision about the calculation of such payments;

(c)
make provision about—

(i)
the level;

(ii)
the type;

(iii)
the frequency; or

(iv)
the duration;


of such payments, which may differ according to the measures installed

or the parties from or to whom payments are made;

(d)
make provision about the monitoring, verification and calculation of

electricity savings.

(4)
For the purposes of this section, electricity saving measures are defined as

measures which achieve permanent and verifiable saving of electricity, which is

their primary purpose.’.

Market access for independent renewable generators

Dr Alan Whitehead

NC4

To move the following Clause:—

“‘( )
The Secretary of State must exercise the powers conferred by this Chapter so as

to establish an auction market (the “green power auction market”) in which

Public Bill Committee: 29 January 2013
99

Energy Bill, continued

generators are entitled to offer, and holders of supply licences are entitled to bid

for, electricity generated from renewable sources.

( )
The Secretary of State must exercise those powers, and take such other steps

(including the exercise of any other power conferred by or under a provision of

this Part) as the Secretary of State considers necessary, for the purpose of

ensuring that—

(a)
the green power auction market begins to operate when the first CFD is

made and does not cease to operate until expiry of the last CFD that has

been made; and

(b)
the reference price under a CFD entered into by a generator who is a party

to an agreement made through the green power auction market is based

on the price payable to the generator under that agreement.

( )
In this section—

“CFD” means a contract for difference as specified in subsection 2(a) and

(b);

“supply licence” means a licence under section 6(1)(d) of EA 1989.’.

Delivery plan for 2030 decarbonisation

Dr Alan Whitehead

Caroline Flint

Tom Greatrex

Luciana Berger

NC5


To move the following Clause:—

‘(1)
The Secretary of State must lay and publish the first delivery plan for meeting the

2030 target as soon as is reasonably practicable after the designation of the

Strategy and Policy Statement.

(2)
Updated delivery plans must then be laid and published every five years after the

date on which the previous delivery plan was laid.

(3)
Each delivery plan must set out in respect of the period to which it relates—

(a)
the policies and procedure to be adopted in order to achieve the 2030

target and any interim targets;

(b)
the impacts which the policies and procedures are expected to have;

(c)
the expected generating capacity including—

(i)
electricity generated from renewable sources; and

(ii)
other low carbon electricity.

(4)
The policies and procedures referred to in subsection (3)(a) shall include policies

to reduce demand for electricity.

(5)
The impacts referred to in subsection (3)(b) shall include in particular the impact

on—

(a)
electricity bills including the impact of—

(i)
electricity generated from renewable sources, and

(ii)
other low carbon electricity;

(b)
fuel poverty and low income households;

(c)
the economy;

(d)
the security of supply of electricity and gas to consumers.



© Parliamentary copyright	Revised 29 January 2013