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Energy Bill


Energy Bill
Part 2 — Electricity Market Reform
Chapter 8 — Emissions performance standard

47

 

   

may not be made unless a draft has been laid before and approved by a

resolution of each House of Parliament.

(4)   

Any other instrument containing regulations made by the Secretary of State

under section 44 is subject to annulment in pursuance of a resolution of either

House of Parliament.

5

(5)   

If, but for this subsection, an instrument containing regulations by the

Secretary of State under this Chapter would be treated for the purposes of the

standing orders of either House of Parliament as a hybrid instrument, it is to

proceed in that House as if it were not a hybrid instrument.

(6)   

Regulations by the Scottish Ministers under section 44 are—

10

(a)   

if they amend or repeal any provision of primary legislation, subject to

the affirmative procedure;

(b)   

otherwise, subject to the negative procedure.

(7)   

An instrument containing regulations by the Welsh Ministers under section

44

15

(a)   

may not be made if the regulations amend or repeal any provision of

primary legislation unless a draft has been laid before, and approved

by a resolution of, the National Assembly for Wales;

(b)   

otherwise, is subject to annulment in pursuance of a resolution of the

National Assembly for Wales.

20

(8)   

Statutory rules containing regulations by the Department of Environment

under section 44 are—

(a)   

if the regulations amend or repeal any provision of primary legislation,

subject to affirmative resolution (within the meaning of section 41(6) of

the Interpretation Act (Northern Ireland) 1954), and

25

(b)   

otherwise, subject to negative resolution (within the meaning of section

41(4) of that Act).

(9)   

Any regulations under this Chapter may—

(a)   

include incidental, supplementary and consequential provision;

(b)   

make transitory or transitional provision or savings;

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(c)   

make different provision for different cases or circumstances or for

different purposes;

(d)   

make provision subject to exceptions.

(10)   

Regulations under section 42 that apply in relation to Northern Ireland may be

made only with the consent of the Department of Enterprise, Trade and

35

Investment.

(11)   

Before making any regulations under section 42 or 44, the Secretary of State

must consult—

(a)   

in the case of regulations under section 42 that will apply in relation to

Scotland or Wales, the Scottish Ministers or the Welsh Ministers,

40

respectively, and

(b)   

in any case, such persons (or such other persons) as the Secretary of

State considers it appropriate to consult.

(12)   

Before making any regulations under section 44, the Scottish Ministers or the

Welsh Ministers must consult such persons as they think appropriate.

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Energy Bill
Part 2 — Electricity Market Reform
Chapter 9 — Miscellaneous

48

 

(13)   

Subsections (11) and (12) may be satisfied by consultation before, as well as

after, the passing of this Act.

Chapter 9

Miscellaneous

47      

Exemption from liability in damages

5

(1)   

The Secretary of State may include in regulations under section 6 or 21, or

under paragraph 6 of Schedule 2, provision that—

(a)   

the national system operator;

(b)   

any director of the national system operator;

(c)   

any employee, officer or agent of the national system operator,

10

   

is not liable in damages for anything done or omitted in the exercise or

purported exercise of a relevant function specified in the regulations.

(2)   

A relevant function is a function conferred by or by virtue of Chapter 2, 3 or 4.

(3)   

Provision made by virtue of subsection (1) may not exempt a person from

liability for an act or omission which—

15

(a)   

is shown to be in bad faith;

(b)   

is unlawful by virtue of section 6(1) of the Human Rights Act 1998

(public authorities not to act incompatibly with convention rights);

(c)   

is a breach of a duty owed by virtue of section 27(4) of EA 1989

(compliance with final or provisional order under that Act).

20

(4)   

Whenever—

(a)   

the Secretary of State makes or revokes regulations of a kind mentioned

in subsection (1) or exercises a modification power under section 20 or

29 or paragraph 19 of Schedule 2, and

(b)   

provision is not in force under subsection (1) in respect of a relevant

25

function,

   

the Secretary of State must publish a statement of the reasons why no such

provision is in force.

(5)   

In this section “national system operator” means the person operating the

national transmission system for Great Britain (and for this purpose

30

“transmission system” has the same meaning as in EA 1989 - see section 4(4) of

that Act).

48      

Licence modifications: general

(1)   

This section applies in relation to a power to make modifications conferred

by—

35

(a)   

section 20, 29, 34, 38 or 39, or

(b)   

paragraph 19 of Schedule 2.

(2)   

Before making modifications under a power to which this section applies (“a

relevant power”) the Secretary of State must lay a draft of the modifications

before Parliament.

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Energy Bill
Part 2 — Electricity Market Reform
Chapter 9 — Miscellaneous

49

 

(3)   

If, within the 40-day period, either House of Parliament resolves not to

approve the draft, the Secretary of State may not take any further steps in

relation to the proposed modifications.

(4)   

If no such resolution is made within that period, the Secretary of State may

make the modifications in the form of the draft.

5

(5)   

Subsection (3) does not prevent a new draft of proposed modifications being

laid before Parliament.

(6)   

In this section “40-day period”, in relation to a draft of proposed modifications,

means the period of 40 days beginning with the day on which the draft is laid

before Parliament (or, if it is not laid before each House of Parliament on the

10

same day, the later of the 2 days on which it is laid).

(7)   

For the purposes of calculating the 40-day period, no account is to be taken of

any period during which Parliament is dissolved or prorogued or during

which both Houses are adjourned for more than 4 days.

(8)   

A relevant power—

15

(a)   

may be exercised generally, only in relation to specified cases or subject

to exceptions (including provision for a case to be excepted only so long

as specified conditions are satisfied);

(b)   

may be exercised differently in different cases or circumstances;

(c)   

includes a power to make incidental, supplementary, consequential or

20

transitional modifications.

(9)   

Provision included in a licence, or in a document or agreement relating to

licences, by virtue of a relevant power—

(a)   

may make different provision for different cases;

(b)   

need not relate to the activities authorised by the licence;

25

(c)   

may do any of the things authorised for licences of that type by section

7(2A), (3) or (4) of EA 1989.

(10)   

The Secretary of State must publish details of any modifications made under a

relevant power as soon as reasonably practicable after they are made.

(11)   

If under a relevant power the Secretary of State makes modifications of the

30

standard conditions of a licence, the Authority must—

(a)   

make the same modification of those standard conditions for the

purposes of their incorporation in licences of that type granted after

that time, and

(b)   

publish the modification.

35

(12)   

A modification made under a relevant power of part of a standard condition of

a licence does not prevent any other part of the condition from continuing to

be regarded as a standard condition for the purposes of Part 1 of EA 1989.

(13)   

The power conferred by a relevant power to “modify” (in relation to licence

conditions or a document) includes a power to amend, add to or remove, and

40

references to modifications are to be construed accordingly.

49      

Consequential amendments

(1)   

In section 3A of EA 1989 (principal objective and general duties), in subsection

(2)(b) for “or sections 26 to 29 of the Energy Act 2010” substitute “, sections 26

to 29 of the Energy Act 2010 or Part 2 of the Energy Act 2013”.

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Energy Bill
Part 3 — Nuclear Regulation
Chapter 1 — The ONR’s purposes

50

 

(2)   

In section 33(1) of the Utilities Act 2000 (standard conditions of electricity

licences)—

(a)   

after paragraph (e) omit “or”;

(b)   

after paragraph (f) insert “or

(g)   

under the Energy Act 2013.”.

5

(3)   

In section 137(3) of the Energy Act 2004 (standard conditions of transmission

licences)—

(a)   

after paragraph (d) omit “or”;

(b)   

after paragraph (e) insert “, or

(f)   

under the Energy Act 2013,”.

10

(4)   

In section 146(5) of the Energy Act 2004 (standard conditions for electricity

interconnectors), for “or under section 98 of the Energy Act 2011” substitute “,

under section 98 of the Energy Act 2011 or section 29 or 34 of the Energy Act

2013.”.

50      

Review of certain provisions of Part 2

15

(1)   

As soon as reasonably practicable after the end of the period of 5 years

beginning with the day on which this Act is passed, the Secretary of State must

carry out a review of the provisions of the following Chapters of this Part—

(a)   

Chapter 2 (contracts for difference);

(b)   

Chapter 3 (capacity market);

20

(c)   

Chapter 5 (conflicts of interest and contingency arrangements);

(d)   

Chapter 6 (access to markets);

(e)   

Chapter 7 (the renewables obligation: transitional arrangements).

(2)   

The Secretary of State must set out the conclusions of the review in a report.

(3)   

The report must, in particular—

25

(a)   

set out the objectives of the provisions of each Chapter subject to

review,

(b)   

assess the extent to which those objectives have been achieved, and

(c)   

assess whether those objectives remain appropriate and, if so, the

extent to which those objectives could be achieved in a way that

30

imposes less regulation.

(4)   

The Secretary of State must lay the report before Parliament.

Part 3

Nuclear Regulation

Chapter 1

35

The ONR’s purposes

51      

The ONR’s purposes

In this Part, “the ONR’s purposes” means—

(a)   

the nuclear safety purposes (see section 52),

(b)   

the nuclear site health and safety purposes (see section 53),

40

(c)   

the nuclear security purposes (see section 54),

 
 

Energy Bill
Part 3 — Nuclear Regulation
Chapter 1 — The ONR’s purposes

51

 

(d)   

the nuclear safeguards purposes (see section 56), and

(e)   

the transport purposes (see section 57).

52      

Nuclear safety purposes

(1)   

In this Part, the “nuclear safety purposes” means the purposes of protecting

persons against risks of harm from ionising radiations from GB nuclear sites,

5

including through—

(a)   

the design and construction of relevant nuclear installations and

associated sites,

(b)   

arrangements for the operation and decommissioning of, and other

processes connected with, relevant nuclear installations,

10

(c)   

arrangements for the storage and use of nuclear matter on GB nuclear

sites, and

(d)   

arrangements to minimise those risks in the event of an escape or

release of such ionising radiations.

(2)   

For this purpose, ionising radiations from GB nuclear sites are ionising

15

radiations from—

(a)   

relevant nuclear installations, or

(b)   

nuclear matter stored or used on a GB nuclear site;

   

and an escape or release of ionising radiations from a GB nuclear site includes

ionising radiations from nuclear matter that has escaped or been released on or

20

from a GB nuclear site.

(3)   

In this section—

“GB nuclear site” means a nuclear site in England, Wales or Scotland;

“nuclear installation” has the same meaning as in the Nuclear Installations

Act 1965 (see section 26 of that Act);

25

“nuclear matter” has the same meaning as in that Act (see section 26 of

that Act);

“relevant nuclear installation” means a nuclear installation on a site in

England, Wales or Scotland for which a nuclear site licence is required

by virtue of the installation (and includes a proposed or former nuclear

30

installation in respect of which such a licence would be or has ever been

so required).

53      

Nuclear site health and safety purposes

(1)   

In this Part, the “nuclear site health and safety purposes” means so much of the

general purposes of Part 1 of the 1974 Act as consists of the following

35

purposes—

(a)   

securing the health, safety and welfare of persons at work on GB

nuclear sites;

(b)   

protecting persons, other than persons at work on GB nuclear sites,

against risks to health or safety arising out of or in connection with the

40

activities of persons at work on GB nuclear sites;

(c)   

controlling the storage and use on GB nuclear sites of dangerous

substances and generally preventing the unlawful acquisition,

possession and use of such substances on or from such sites.

(2)   

In this section—

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Energy Bill
Part 3 — Nuclear Regulation
Chapter 1 — The ONR’s purposes

52

 

(a)   

“dangerous substances” means radioactive, explosive, highly

flammable or otherwise dangerous substances, other than nuclear

matter;

(b)   

“GB nuclear site” and “nuclear matter” have the same meanings as in

section 52.

5

(3)   

Section 1(3) of the 1974 Act (interpretation of references to risks relating to

persons at work) applies for the purposes of this section as it applies for the

purposes of Part 1 of the 1974 Act.

54      

Nuclear security purposes

(1)   

In this Part, the “nuclear security purposes” means the purposes of ensuring

10

the security of—

(a)   

civil nuclear premises;

(b)   

nuclear material used or stored on civil nuclear premises and

equipment or software used or stored on such premises in connection

with activities involving nuclear material;

15

(c)   

other radioactive material used or stored on civil nuclear sites and

equipment or software used or stored on civil nuclear sites in

connection with activities involving such other radioactive material;

(d)   

civil nuclear construction sites and equipment used or stored on civil

nuclear construction sites;

20

(e)   

equipment or software in the United Kingdom which—

(i)   

is capable of being used in, or in connection with, the

enrichment of uranium, and

(ii)   

is in the possession or control of a person involved in uranium

enrichment activities;

25

(f)   

sensitive nuclear information which is in the United Kingdom in the

possession or control of—

(i)   

a person who is involved in activities on or in relation to civil

nuclear premises or who is proposing or likely to become so

involved;

30

(ii)   

a person involved in uranium enrichment activities; or

(iii)   

a person who is storing, transporting or transmitting the

information for or on behalf of a person falling within sub-

paragraph (i) or (ii);

(g)   

nuclear material which is being (or is expected to be)—

35

(i)   

transported within the United Kingdom or its territorial sea,

(ii)   

transported (outside the United Kingdom and its territorial sea)

to or from any civil nuclear premises in the United Kingdom, or

(iii)   

carried on board a United Kingdom ship,

   

other than material being (or expected to be) so transported or carried

40

for defence purposes;

(h)   

information relating to the security of anything mentioned in

paragraphs (a) to (g).

(2)   

For the purposes of subsection (1), ensuring the security of any site or premises

includes doing so by means of the design of, or of anything on, the site or

45

premises.

(3)   

In this section—

“civil nuclear construction site” means a site—

 
 

Energy Bill
Part 3 — Nuclear Regulation
Chapter 1 — The ONR’s purposes

53

 

(a)   

on which works are being carried out with a view to its

becoming a civil nuclear site, and

(b)   

which is situated within 5 kilometres of an existing nuclear site;

“civil nuclear premises” means—

(a)   

a civil nuclear site, or

5

(b)   

other premises on which nuclear material is used or stored

which are not controlled or operated wholly or mainly for

defence purposes;

“civil nuclear site” means a nuclear site other than one controlled or

operated wholly or mainly for defence purposes;

10

“defence purposes” means the purposes of the department of the

Secretary of State with responsibility for defence;

“enrichment of uranium” means a treatment of uranium that increases the

proportion of isotope 235 contained in the uranium;

“equipment” includes equipment that has not been assembled and its

15

components;

“nuclear material” means any fissile material in the form of—

(a)   

uranium metal, alloy or compound, or

(b)   

plutonium metal, alloy or compound,

or any other fissile material prescribed by regulations made by the

20

Secretary of State;

“sensitive nuclear information” means—

(a)   

information relating to, or capable of use in connection with, the

enrichment of uranium, or

(b)   

information of a description for the time being specified in a

25

notice under section 55;

“United Kingdom ship” means a ship registered in the United Kingdom

under Part 2 of the Merchant Shipping Act 1995.

55      

Notice by Secretary of State to ONR specifying sensitive nuclear information

(1)   

This section applies where the Secretary of State considers that information of

30

any description relating to activities carried out on or in relation to civil nuclear

premises is information which needs to be protected in the interests of national

security.

(2)   

The Secretary of State may give a notice to the ONR under this section

specifying that description of information.

35

(3)   

The Secretary of State may vary or revoke any notice given under this section

by giving a further notice to the ONR.

(4)   

Before giving a notice under this section, the Secretary of State must consult the

ONR.

(5)   

In this section “civil nuclear premises” has the same meaning as in section 54.

40

56      

Nuclear safeguards purposes

(1)   

In this Part, the “nuclear safeguards purposes” means the purposes of—

(a)   

ensuring compliance by the United Kingdom or, as the case may be,

enabling or facilitating compliance by a Minister of the Crown, with the

safeguards obligations, and

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