House of Commons portcullis
House of Commons
Session 2013 - 14
Internet Publications
Other Bills before Parliament

Energy Bill


Energy Bill
Schedule 3 — Orders under section 35: transfer schemes

117

 

(g)   

such other persons as the Secretary of State considers it appropriate

to consult.

      (5)  

Sub-paragraph (4) may be satisfied by consultation before, as well as by

consultation after, the passing of this Act.

Expenditure

5

20    (1)  

There may be paid out of money provided by Parliament expenditure

incurred by the Secretary of State for the purpose of making payments in

respect of the Secretary of State’s obligations under an investment contract,

whether entered into before or after this Schedule comes into force.

      (2)  

There may be paid out of money provided by Parliament expenditure

10

incurred by the Secretary of State for the purpose of, or in connection with—

(a)   

obtaining advice and assistance in relation to investment contracts

(including in relation to entering into an investment contract);

(b)   

the establishment of an investment contract counterparty;

(c)   

making payments or providing financial assistance to an investment

15

contract counterparty.

      (3)  

Financial assistance or payments includes financial assistance or payments

given subject to such conditions as may be determined by, or in accordance

with arrangements made by, the Secretary of State; and such conditions may

in particular in the case of a grant include conditions for repayment in

20

specified circumstances.

      (4)  

In this paragraph, “financial assistance” means grants, loans, guarantees or

indemnities, or any other kind of financial assistance.

Schedule 3

Section 36

 

Orders under section 35: transfer schemes

25

Power to make transfer schemes

1     (1)  

The Secretary of State may exercise the power in sub-paragraph (2) in

connection with the making of an order under section 35 providing for a

person (“the transferee”) to carry out EMR functions in place of another

person (“the transferor”).

30

      (2)  

The Secretary of State may make one or more schemes for the transfer of

designated property, rights or liabilities of the transferor to the transferee.

      (3)  

On the transfer date, the designated property, rights and liabilities are

transferred and vest in accordance with the scheme.

      (4)  

The rights and liabilities that may be transferred by a scheme include those

35

arising under or in connection with a contract of employment.

      (5)  

A certificate by the Secretary of State that anything specified in the certificate

has vested in any person by virtue of a scheme is conclusive evidence for all

purposes of that fact.

      (6)  

In this Schedule—

40

 
 

Energy Bill
Schedule 3 — Orders under section 35: transfer schemes

118

 

“designated”, in relation to a scheme, means specified in or determined

in accordance with the scheme;

“EMR functions” has the same meaning as in section 35;

“property” includes interests of any description;

“the transfer date” means a date specified by a scheme as the date on

5

which the scheme is to have effect.

Contents of a scheme

2     (1)  

A scheme may make provision—

(a)   

for anything done by or in relation to the transferor in connection

with any property, rights or liabilities transferred by the scheme to

10

be treated as done, or to be continued, by or in relation to the

transferee;

(b)   

for references to the transferor in any agreement (whether written or

not), instrument or other document relating to any property, rights

or liabilities transferred by the scheme to be treated as references to

15

the transferee;

(c)   

about the continuation of legal proceedings;

(d)   

for transferring property, rights or liabilities which could not

otherwise be transferred or assigned;

(e)   

for transferring property, rights and liabilities irrespective of any

20

requirement for consent which would otherwise apply;

(f)   

for preventing a right of pre-emption, right of reverter, right of

forfeiture, right to compensation or other similar right from arising

or becoming exercisable as a result of the transfer of property, rights

or liabilities;

25

(g)   

for dispensing with any formality in relation to the transfer of

property, rights or liabilities by the scheme;

(h)   

for transferring property acquired, or rights or liabilities arising,

after the scheme is made but before it takes effect;

(i)   

for apportioning property, rights or liabilities;

30

(j)   

for creating rights, or imposing liabilities, in connection with

property, rights or liabilities transferred by the scheme;

(k)   

for requiring the transferee to enter into any agreement of any kind,

or for a purpose, specified in or determined in accordance with the

scheme.

35

      (2)  

Sub-paragraph (1)(b) does not apply to references in primary legislation or

in subordinate legislation.

Compensation

3          

A scheme must contain provision for the payment by the Secretary of State

of such amounts of compensation as the Secretary of State considers

40

appropriate to any person whose interests are adversely affected by it.

 
 

Energy Bill
Schedule 4 — Application and modification of emissions limit duty

119

 

Schedule 4

Section 42

 

Application and modification of emissions limit duty

Application of duty: changes to main boilers

1     (1)  

Regulations under section 42(6)(b) may provide for the emissions limit duty

to apply (with or without modifications) in relation to fossil fuel plant in

5

cases where—

(a)   

immediately before the day on which section 42(1) came into force,

the electricity generating station in question was the subject of a

relevant consent, and

(b)   

on or after that day—

10

(i)   

any main boiler of the generating station is replaced, or

(ii)   

an additional main boiler is installed for the generating

station.

      (2)  

Regulations made by virtue of this paragraph may, in particular, make

different provision in relation to different parts of fossil fuel plant.

15

      (3)  

For the purposes of sub-paragraph (1)(a), plant is to be treated as the subject

of a relevant consent if, by virtue of a consent or approval granted before

section 36 of EA 1989 or Article 39 of the Electricity (Northern Ireland) Order

1992 (S.I. 1992/231 (N.I. 1)) came into force, no relevant consent was

required in respect of it.

20

Application of duty: generating stations not exporting to a network

2          

Regulations under section 42(6)(b) may provide for the emissions limit duty

to apply with modifications (or not to apply) in relation to fossil fuel plant

which does not include a network generating station.

Modifications where gasification or CCS plant associated with two or more generating stations

25

3     (1)  

Regulations under section 42(6)(b) may provide for the emissions limit duty

to apply with modifications in cases where—

(a)   

gasification plant or CCS plant is associated with two or more

electricity generating stations, and

(b)   

each of those generating stations is the subject of a relevant consent.

30

      (2)  

Regulations made by virtue this paragraph may, in particular, provide for—

(a)   

the installed generating capacity of any of those generating stations

(or any part of it) to be treated as installed generating capacity of

another of those generating stations;

(b)   

any of the emissions from the gasification plant or CCS plant to be

35

treated as emissions from any of the generating stations.

Modifications of emissions limit for changes of circumstance during a year

4          

Regulations under section 42(6)(b) may modify the emissions limit duty in

relation to fossil fuel plant in cases where the generating station—

(a)   

is used for the first time, or permanently ceases to be used, for the

40

generation of electricity, or

(b)   

is altered.

 
 

Energy Bill
Schedule 5 — Emissions limit duty: monitoring and enforcement

120

 

Schedule 5

Section 44

 

Emissions limit duty: monitoring and enforcement

Matters that may be contained in enforcement regulations

1     (1)  

Provision that may be contained in enforcement regulations includes

provision—

5

(a)   

conferring functions for or in connection with monitoring or

enforcing the compliance of operators with the emissions limit duty;

(b)   

determining the authorities by whom such functions are to be

exercisable (“enforcing authorities”);

(c)   

requiring enforcing authorities to comply with directions given by

10

the appropriate national authority in carrying out any of their

functions under the regulations;

(d)   

requiring enforcing authorities to comply with requirements

imposed on them under section 43(9);

(e)   

requiring or authorising enforcing authorities to carry out

15

consultation in connection with the carrying out of any of their

functions under the regulations;

(f)   

requiring enforcing authorities to publish guidance about the

carrying out of any of their functions under the regulations;

(g)   

about the provision, use and publication of information in relation to

20

the compliance of operators with the emissions limit duty;

(h)   

authorising the appropriate national authority to make schemes for

the charging by enforcing authorities of fees or other charges in

respect of or in connection with functions conferred on enforcing

authorities under the regulations;

25

(i)   

about the enforcement of contraventions of the emissions limit duty

through enforcement notices and financial penalties (see paragraphs

2 and 3);

(j)   

about the procedure to be followed in connection with the service of

enforcement notices and imposition of financial penalties (including

30

requirements for enforcement notices to be published in draft before

being served for the purpose of enabling representations to be made

about them);

(k)   

for the enforcement of—

(i)   

enforcement notices,

35

(ii)   

undertakings given in connection with such notices,

(iii)   

financial penalties, or

(iv)   

other obligations imposed on operators under the

regulations,

   

by proceedings in the High Court or any court of competent

40

jurisdiction in Scotland;

(l)   

conferring rights of appeal in respect of decisions made, notices

served, financial penalties imposed or other things done (or omitted

to be done) by enforcing authorities under the regulations (including

provision in relation to the making, consideration and determination

45

of such appeals);

(m)   

about the application of the regulations to the Crown.

      (2)  

Provision under sub-paragraph (1)(a) may in particular include provision—

 
 

Energy Bill
Schedule 5 — Emissions limit duty: monitoring and enforcement

121

 

(a)   

conferring power on enforcing authorities to take samples or to make

copies of information;

(b)   

conferring power on enforcing authorities to arrange for

preventative or remedial action to be taken at the expense of

operators;

5

(c)   

authorising enforcing authorities to appoint suitable persons to

exercise the functions mentioned in paragraph (a) or (b);

(d)   

conferring powers on persons so appointed (which may include, so

far as relevant, the powers mentioned in section 108(4) of the

Environment Act 1995).

10

      (3)  

Provision under sub-paragraph (1)(g) may in particular include provision—

(a)   

enabling enforcing authorities to use, for the purposes of their

functions conferred under the regulations in respect of fossil fuel

plant, information held for the purposes of their functions in relation

to any such plant conferred under regulations implementing the ETS

15

Directive;

(b)   

requiring operators, or other persons of a description specified in the

regulations, to provide to an enforcing authority such information,

and in such manner, as—

(i)   

the regulations may specify, or

20

(ii)   

the authority may reasonably require;

(c)   

requiring or authorising enforcing authorities to publish such

information, and in such manner, as is specified in the regulations

(whether such information is held as mentioned in paragraph (a) or

is provided as mentioned in paragraph (b));

25

(d)   

requiring operators to publish such information, and in such

manner, as—

(i)   

the regulations may specify, or

(ii)   

an enforcing authority may reasonably require.

      (4)  

Provision under sub-paragraph (1)(h) in relation to a scheme may—

30

(a)   

require the scheme to be so framed that the fees and charges payable

under the scheme are sufficient, taking one year with another, to

cover such expenditure (whether or not incurred by the enforcing

authority or other person to whom they are so payable) as is

specified;

35

(b)   

authorise any such scheme to make different provision for different

cases (and specify particular kinds of such cases).

Enforcement notices

2     (1)  

Enforcement regulations may authorise an enforcing authority to serve an

enforcement notice on an operator who has breached the emissions limit

40

duty in respect of any fossil fuel plant—

(a)   

in relation to the year in which the notice is served, or

(b)   

in relation to the preceding year.

      (2)  

The regulations may specify the requirements that may be imposed on an

operator under an enforcement notice.

45

      (3)  

Those requirements may in particular include requirements—

(a)   

to take such remedial action in respect of the breach as is specified in

the notice,

 
 

Energy Bill
Schedule 5 — Emissions limit duty: monitoring and enforcement

122

 

(b)   

to provide such undertakings in respect of the breach as may be

agreed between the operator and the enforcing authority (whether

for the taking of remedial action or otherwise), or

(c)   

to comply with a modified emissions limit duty in relation to the

fossil fuel plant for any year to take account of excess emissions in

5

earlier years.

Financial penalties

3     (1)  

Enforcement regulations may authorise an enforcing authority to serve a

notice on an operator who has breached the emissions limit duty requiring

the operator to pay such a financial penalty in respect of the breach as is

10

specified in, or calculated in accordance with, the notice or the regulations.

      (2)  

Enforcement regulations which provide for the imposition of financial

penalties—

(a)   

may not permit an enforcing authority to impose a financial penalty

in respect of a breach of the emissions limit duty in any year which

15

began more than 5 years before the year in which the notice imposing

the penalty is served;

(b)   

may require enforcing authorities, in imposing such penalties, to

have regard to any guidance issued by the appropriate national

authority;

20

(c)   

may provide for such penalties to be instead of, or in addition to,

requirements imposed under enforcement notices.

General

4     (1)  

Enforcement regulations may—

(a)   

make provision which corresponds or is similar to any provision

25

made, or capable of being made, under section 2(2) of the European

Communities Act 1972 in connection with the ETS Directive (subject

to any modifications that the appropriate national authority

considers appropriate);

(b)   

apply or incorporate (with or without modifications) other

30

enactments relating to the prevention or control of environmental

pollution (including, in particular, regulations implementing the

ETS Directive and directly applicable EU legislation).

5     (1)  

Provision included in enforcement regulations by virtue of section 46(8)(a)

may affect legislation.

35

           

This is subject to sub-paragraph (3).

      (2)  

For this purpose, provision affects legislation if it amends, repeals or revokes

any provision made by or under primary legislation.

      (3)  

Enforcement regulations made by the Scottish Ministers, the Welsh

Ministers or the Department of Environment may not include any provision

40

affecting legislation unless it is within legislative competence.

      (4)  

Enforcement regulations made by the Secretary of State—

(a)   

may include provision affecting legislation that is made in

consequence of any enforcement regulations made by the Scottish

Ministers, the Welsh Ministers or the Department of Environment,

45

but

 
 

Energy Bill
Schedule 6 — Nuclear regulations
Part 1 — Introductory

123

 

(b)   

may not include any such provision that could be included in the

regulations mentioned in paragraph (a) except with the consent of

the authority making those regulations.

      (5)  

For this purpose, a provision of enforcement regulations is within legislative

competence if—

5

(a)   

in the case of regulations by the Scottish Ministers, it would be within

the legislative competence of the Scottish Parliament if it were

included in an Act of that Parliament;

(b)   

in the case of regulations by the Welsh Ministers, it would be within

the legislative competence of the National Assembly for Wales if it

10

were included in an Act of that Assembly;

(c)   

in the case of regulations by the Department of Environment, it

would be within the legislative competence of the Northern Ireland

Assembly if it were included in an Act of that Assembly.

      (6)  

Provision included in enforcement regulations by virtue of section 46(8)(b)

15

may include provision modifying provision made by virtue of paragraph

2(3)(c) in cases where there is no applicable emissions limit in respect of any

year.

Interpretation

6          

In this Schedule “enforcement regulations” means regulations under section

20

44.

Schedule 6

Section 58

 

Nuclear regulations

Part 1

Introductory

25

Provision that may be made by nuclear regulations

1          

Nuclear regulations may, in particular, make provision of any of the kinds

mentioned in Part 2 of this Schedule for any of the purposes mentioned in

section 58(1).

2          

No provision in Part 2 of this Schedule is to be regarded as limiting the

30

generality of—

(a)   

section 58(1), or

(b)   

any other provision in that Part of this Schedule.

Interpretation

3          

In Part 2 of this Schedule, “activity” includes process, operation or act.

35

 
 

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2013
Revised 9 May 2013