|
| |
|
| |
126 | Consumer redress orders |
| |
Schedule 14 (which enables the Authority to impose requirements on a |
| |
regulated person to take remedial action in respect of loss, damage or |
| |
inconvenience caused to consumers of gas or electricity) has effect. |
| 5 |
| |
| |
| |
127 | Offshore transmission systems |
| |
(1) | EA 1989 is amended as follows. |
| 10 |
(2) | In section 4 (prohibition on unlicensed supply), after subsection (3A) insert— |
| |
“(3AA) | Subsection (3A) is subject to section 6F (offshore transmission during |
| |
| |
(3) | After section 6E insert— |
| |
“6F | Offshore transmission during commissioning period |
| 15 |
(1) | For the purposes of this Part a person is not to be regarded as |
| |
participating in the transmission of electricity if the following four |
| |
| |
(2) | The first condition is that the transmission takes place over an offshore |
| |
transmission system (“the system”) or anything forming part of it. |
| 20 |
(3) | The second condition is that the transmission takes place during a |
| |
commissioning period (see section 6G). |
| |
(4) | The third condition is that— |
| |
(a) | a request has been made to the Authority in accordance with the |
| |
tender regulations for a tender exercise to be held for the |
| 25 |
granting of an offshore transmission licence in respect of the |
| |
| |
(b) | the Authority has determined in accordance with those |
| |
regulations that the request relates to a qualifying project, and |
| |
(c) | the system, or anything forming part of it, has not been |
| 30 |
transferred as a result of the exercise to the successful bidder. |
| |
(5) | The fourth condition is that— |
| |
(a) | the person who is the developer in relation to the tender |
| |
exercise is also the operator of a relevant generating station, and |
| |
(b) | the construction or installation of the system is being or has |
| 35 |
been carried out by or on behalf of, or by or on behalf of a |
| |
combination of, any of the following— |
| |
(i) | the person mentioned in paragraph (a); |
| |
(ii) | a body corporate associated with that person at any time |
| |
during the period of construction or installation; |
| 40 |
|
| |
|
| |
|
(iii) | a previous developer; |
| |
(iv) | a body corporate associated with a previous developer |
| |
at any time during the period of construction or |
| |
| |
(6) | For the purposes of subsection (1), it does not matter whether or not the |
| 5 |
person mentioned in that subsection is the developer in relation to the |
| |
| |
(7) | For the purposes of subsection (5)(b)(iii) and (iv), a person is a |
| |
“previous developer” in relation to the system if— |
| |
(a) | the person does not fall within subsection (5)(a), but |
| 10 |
(b) | at any time during the period of construction or installation, the |
| |
person was the developer in relation to the tender exercise. |
| |
| |
“associated”, in relation to a body corporate, is to be construed in |
| |
accordance with paragraph 37 of Schedule 2A; |
| 15 |
“developer”, in relation to a tender exercise, means any person |
| |
within section 6D(2)(a) (person who makes the connection |
| |
request, including any person who is to be so treated by virtue |
| |
| |
“offshore transmission” has the meaning given by section 6C(6); |
| 20 |
“offshore transmission licence” has the meaning given by section |
| |
| |
“offshore transmission system” means a transmission system used |
| |
for purposes connected with offshore transmission; |
| |
“operator”, in relation to a generating station, means the person |
| 25 |
who is authorised to generate electricity from that station— |
| |
(a) | by a generation licence granted under section 6(1)(a), or |
| |
(b) | in accordance with an exemption granted under section |
| |
| |
“qualifying project” is to be construed in accordance with the |
| 30 |
| |
“successful bidder” and “tender exercise” have the same meanings |
| |
| |
“relevant generating station”, in relation to an offshore |
| |
transmission system, means a generating station that generates |
| 35 |
electricity transmitted over the system; |
| |
“the tender regulations” means regulations made under section |
| |
| |
6G | Section 6F: meaning of “commissioning period” |
| |
(1) | For the purposes of section 6F(3), transmission over an offshore |
| 40 |
transmission system (or anything forming part of it) takes place during |
| |
a “commissioning period” if it takes place at any time— |
| |
(a) | before a completion notice is given in respect of the system, or |
| |
(b) | during the period of 18 months beginning with the day on |
| |
which such a notice is given. |
| 45 |
(2) | A “completion notice”, in relation to a transmission system, is a notice |
| |
| |
|
| |
|
| |
|
(a) | is given to the Authority by the relevant co-ordination licence |
| |
holder in accordance with the co-ordination licence, and |
| |
(b) | states that it would be possible to carry on an activity to which |
| |
section 4(1)(b) applies by making available for use that system. |
| |
(3) | The Secretary of State may by order amend subsection (1) so as to |
| 5 |
specify a period of 12 months in place of the period of 18 months. |
| |
(4) | An order under subsection (3) may be made only so as to come into |
| |
| |
(a) | beginning 2 years after the day on which section 127 of the |
| |
Energy Act 2013 comes into force, and |
| 10 |
(b) | ending 5 years after that day. |
| |
(5) | An amendment made by an order under subsection (3) does not apply |
| |
in relation to any transmission of electricity over a transmission system |
| |
| |
(a) | but for the making of the order, the person participating in the |
| 15 |
transmission would, by virtue of section 6F, have been regarded |
| |
as not participating in the transmission, and |
| |
(b) | the determination mentioned in subsection (4)(b) of that section |
| |
in relation to the system was made on or before the day on |
| |
| 20 |
| |
“co-ordination licence” has the same meaning as in Schedule 2A |
| |
(see paragraph 38(1) of that Schedule); |
| |
“relevant co-ordination licence-holder” has the meaning given by |
| |
paragraph 13(4) of Schedule 2A. |
| 25 |
6H | Sections 6F and 6G: modification of codes or agreements |
| |
| |
(a) | modify a code maintained in accordance with the conditions of |
| |
a transmission licence or a distribution licence; |
| |
(b) | modify an agreement that gives effect to a code so maintained. |
| 30 |
(2) | The Authority may make a modification under subsection (1) only if it |
| |
considers it necessary or desirable for the purpose of implementing or |
| |
facilitating the operation of section 6F or 6G. |
| |
(3) | The power to make modifications under subsection (1) includes a |
| |
power to make incidental, supplemental, consequential or transitional |
| 35 |
| |
(4) | The Authority must consult such persons as the Authority considers |
| |
appropriate before making a modification under subsection (1). |
| |
(5) | Subsection (4) may be satisfied by consultation before, as well as |
| |
consultation after, the passing of the Energy Act 2013. |
| 40 |
(6) | As soon as reasonably practicable after making a modification under |
| |
subsection (1), the Authority must publish a notice stating its reasons |
| |
| |
(7) | A notice under subsection (6) is to be published in such manner as the |
| |
Authority considers appropriate for the purpose of bringing the |
| 45 |
|
| |
|
| |
|
matters to which the notice relates to the attention of persons likely to |
| |
| |
(8) | A modification under subsection (1) may not be made after the end of |
| |
the period of 7 years beginning with the day on which section 127 of the |
| |
Energy Act 2013 comes into force.” |
| 5 |
(4) | In section 64 (interpretation of Part 1), in subsection (1B) at the end insert “and |
| |
| |
| |
128 | Fees for services provided for energy resilience purposes |
| |
(1) | The Secretary of State may require fees to be paid for services or facilities |
| 10 |
provided or made available by the Secretary of State in the exercise of energy |
| |
| |
(2) | “Energy resilience powers” are any powers exercised by the Secretary of State |
| |
for the purposes of, or in connection with, preventing or minimising disruption |
| |
to the energy sector in Great Britain (including disruption to the supply of fuel |
| 15 |
| |
(3) | The amount of any fee charged under this section is— |
| |
(a) | such amount as may be specified in, or determined by or in accordance |
| |
with, regulations made by the Secretary of State, or |
| |
(b) | if no such regulations are made, an amount specified in, or determined |
| 20 |
by or in accordance with, a direction given by the Secretary of State for |
| |
the purposes of this section. |
| |
(4) | Regulations or a direction under this section may provide for the amounts of |
| |
fees to be different in different cases and, in particular, for fees in respect of the |
| |
exercise of the same power to be of different amounts in different |
| 25 |
| |
(5) | Regulations under subsection (3)(a) must be made by statutory instrument and |
| |
any such instrument is subject to annulment in pursuance of a resolution of |
| |
either House of Parliament. |
| |
(6) | The Secretary of State must lay before Parliament a statement of any fees |
| 30 |
specified in, or determined by or in accordance with, a direction given under |
| |
| |
129 | Fees in respect of decommissioning and clean-up of nuclear sites |
| |
(1) | Chapter 1 of Part 3 of the Energy Act 2008 (nuclear sites: decommissioning and |
| |
clean-up) is amended as follows. |
| 35 |
(2) | After section 45 (duty to submit funded decommissioning programme) |
| |
| |
“45A | Costs incurred in considering proposed programmes |
| |
(1) | A person who informs the Secretary of State of a proposal to submit a |
| |
funded decommissioning programme under section 45 must pay to the |
| 40 |
Secretary of State such fee as may be determined in accordance with |
| |
regulations under section 54, in respect of the costs mentioned in |
| |
|
| |
|
| |
|
subsection (2), at a time determined in accordance with such |
| |
| |
(2) | The costs are those incurred by the Secretary of State in relation to the |
| |
consideration of the proposed programme (or any particular aspect of |
| |
it), including, in particular, the costs of obtaining advice in relation to |
| 5 |
| |
(3) | In section 46 (approval of programme), after subsection (3G) insert— |
| |
“(3H) | Where the Secretary of State makes or amends an agreement under |
| |
subsection (3A), or it is proposed that such an agreement be made or |
| |
amended, the site operator must pay to the Secretary of State such fee |
| 10 |
as may be determined in accordance with regulations under section 54, |
| |
in respect of the costs mentioned in subsection (3I), at a time |
| |
determined in accordance with such regulations. |
| |
(3I) | The costs are those incurred by the Secretary of State in relation to the |
| |
consideration of the agreement or amendment, including, in particular, |
| 15 |
the costs of obtaining advice in relation to the agreement or |
| |
| |
(4) | In section 49 (procedure for modifying approved programme)— |
| |
(a) | in subsection (3), after “made,” insert “or advice is sought from the |
| |
Secretary of State about the making of a proposal,”, and |
| 20 |
(b) | in subsection (4), in the opening words after “proposal” insert “(or the |
| |
| |
(5) | In section 66 (disposal of hazardous material), after subsection (3) insert— |
| |
“(3A) | The Secretary of State may make regulations providing for a person |
| |
who makes a proposal to the Secretary of State to enter an agreement of |
| 25 |
the kind mentioned in subsection (1), or proposes an amendment to |
| |
such an agreement, to pay a fee to the Secretary of State in respect of the |
| |
costs incurred in relation to the consideration of the proposal, |
| |
including, in particular, the costs of obtaining advice in relation to it. |
| |
(3B) | The regulations may, in particular, make provision about— |
| 30 |
(a) | when the fee is to be paid; |
| |
(b) | how the amount of the fee is to be determined.” |
| |
| |
130 | Review of certain provisions of Part 6 |
| |
(1) | As soon as reasonably practicable after the end of the period of 5 years |
| 35 |
beginning with the relevant commencement date, the Secretary of State must |
| |
| |
(a) | section 126 and Schedule 14 (consumer redress orders); |
| |
(b) | section 129 (fees in respect of decommissioning etc). |
| |
(2) | The relevant commencement date— |
| 40 |
(a) | in relation to section 126 and Schedule 14, is the date on which that |
| |
section and Schedule come into force; |
| |
(b) | in relation to section 129, is the date on which that section comes into |
| |
| |
|
| |
|
| |
|
(3) | The Secretary of State must set out the conclusions of the review in a report. |
| |
(4) | The report must, in particular— |
| |
(a) | set out the objectives of the provisions 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 |
| 5 |
extent to which those objectives could be achieved in a way that |
| |
| |
(5) | The Secretary of State must lay the report before Parliament. |
| |
| |
| 10 |
131 | Interpretation of Act |
| |
| |
“the Authority” means the Gas and Electricity Markets Authority; |
| |
“EA 1989” means the Electricity Act 1989; |
| |
“functions” includes powers and duties; |
| 15 |
“primary legislation” means— |
| |
(a) | an Act of Parliament, |
| |
(b) | an Act of the Scottish Parliament, |
| |
(c) | an Act or Measure of the National Assembly for Wales, or |
| |
(d) | Northern Ireland legislation. |
| 20 |
(2) | A reference in this Act to— |
| |
(a) | the Department of Enterprise, Trade and Investment, or |
| |
(b) | the Department of Environment, |
| |
| is to that Department in Northern Ireland. |
| |
| 25 |
(1) | This section applies in relation to a scheme made by the Secretary of State |
| |
under any of the following provisions (a “transfer scheme”)— |
| |
| |
(b) | paragraph 16 of Schedule 2; |
| |
| 30 |
| |
| |
(2) | Subject to subsection (3), the Secretary of State may modify a transfer scheme. |
| |
(3) | If a transfer under the scheme has taken effect, any modification under |
| |
subsection (2) that relates to the transfer may be made only with the agreement |
| 35 |
of the person (or persons) affected by the modification. |
| |
(4) | A modification takes effect from such date as the Secretary of State may |
| |
specify; and that date may be the date when the original scheme came into |
| |
| |
(5) | A transfer scheme may— |
| 40 |
(a) | include incidental, supplementary and consequential provision; |
| |
|
| |
|
| |
|
(b) | make transitory or transitional provision or savings; |
| |
(c) | make different provision for different cases or circumstances or for |
| |
| |
(d) | make provision subject to exceptions. |
| |
(6) | In the provisions mentioned in subsection (1), “subordinate legislation” |
| 5 |
| |
(a) | subordinate legislation within the meaning of the Interpretation Act |
| |
1978 (see section 21(1) of that Act), or |
| |
(b) | an instrument made under— |
| |
(i) | an Act of the Scottish Parliament, |
| 10 |
(ii) | an Act or Measure of the National Assembly for Wales, or |
| |
(iii) | Northern Ireland legislation. |
| |
| |
(1) | The following are to be paid out of money provided by Parliament— |
| |
(a) | any expenditure incurred by the Secretary of State by virtue of this Act; |
| 15 |
(b) | any expenditure incurred by the Authority by virtue of this Act; |
| |
(c) | any increase attributable to this Act in the sums payable out of money |
| |
so provided under any other enactment. |
| |
(2) | The expenditure referred to in subsection (1)(a) includes expenditure incurred |
| |
by the Secretary of State for the purposes of, or in connection with— |
| 20 |
(a) | the establishment of a CFD counterparty; |
| |
(b) | making payments or providing financial assistance to a CFD |
| |
| |
(c) | obtaining advice and assistance in relation to the exercise of functions |
| |
conferred on the Secretary of State by or by virtue of Chapter 2 or 3; |
| 25 |
(d) | making payments or providing financial assistance to a person who is |
| |
a settlement body in relation to capacity agreements (see section |
| |
| |
(e) | making payments or providing financial assistance to the national |
| |
system operator or an alternative delivery body in connection with the |
| 30 |
exercise of EMR functions. |
| |
(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 specified |
| 35 |
| |
| |
“alternative delivery body” and “EMR functions” have the same meaning |
| |
| |
“CFD counterparty” and “national system operator” have the same |
| 40 |
meaning as in Chapter 2 of Part 2; |
| |
“financial assistance” means grants, loans, guarantees or indemnities, or |
| |
any other kind of financial assistance. |
| |
|
| |
|