Lords Amendments to the Energy Bill

House of Commons

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Lords Amendments to the Energy Bill

12

32LB
Renewables obligation closure orders: procedure

(1)
Before making a renewables obligation closure order, the Secretary

of State must consult—

(a)
the Authority,

(b)
the Council,

(c)
such generators of electricity from renewable sources as the

Secretary of State considers appropriate, and

(d)
such other persons, if any, as the Secretary of State considers

appropriate.

(2)
The requirement to consult may be satisfied by consultation before,

as well as consultation after, the passing of the Energy Act 2013.

(3)
A renewables obligation closure order is not to be made unless a

draft of the instrument containing it has been laid before and

approved by a resolution of each House of Parliament.”

(2)
In section 32M(1) of EA 1989 (interpretation of sections 32 to 32M)—

(a)
for “32L” substitute “32LB”;

(b)
after the definition of “renewables obligation order” insert—

““renewables obligation closure order” is to be

construed in accordance with section 32LA;”;

(c)
in the definition of “specified”, after “renewables obligation order”

insert “or a renewables obligation closure order”.

(3)
In section 106 of EA 1989 (regulations and orders), in subsection (2)(b) after

“32,” insert “32LA,”.

(4)
In Article 56(1) of the Energy (Northern Ireland) Order 2003 (S.I. 2003/419

(N.I. 6)) (power to amend Part 7 of that Order to take account of

amendments of corresponding Great Britain provisions), the reference to

amendments made to sections 32 to 32C of EA 1989 includes a reference to

subsections (1) and (2) of this section.”
Clause 46
55
Page 40, leave out lines 30 to 32
56
Page 42, line 34, at end insert—

“32XA
Certificate purchase orders: corresponding provision

(1)
This section applies where the Secretary of State exercises a listed

power in the making of a certificate purchase order.

(2)
The Secretary of State must—

(a)
so far as the order is made for a GB purpose, exercise the

listed power in the way that the Secretary of State considers

will replicate the effect of provision contained in a

renewables obligation order (whenever made, and whether

or not made by the Secretary of State) by virtue of the

equivalent GB power;

(b)
so far as the order is made for a NI purpose, exercise the

listed power in the way that the Secretary of State considers

will replicate the effect of provision contained in an order

under Article 52 of the 2003 NI Order (whenever made) by

virtue of the equivalent NI power.

13

(3)
The duty in subsection (2) to exercise any listed power in the way

mentioned in that subsection applies only to the extent that it

appears to the Secretary of State that—

(a)
it is reasonably practicable to exercise the listed power in

that way, and

(b)
exercising the power in that way is not inconsistent with

other duties or requirements of the Secretary of State

(whether arising under this Act or another enactment, by

virtue of any EU obligation or otherwise).

(4)
In the Table—

(a)
a “listed power” is any power specified in the first column;

(b)
the “equivalent GB power”, in relation to a listed power, is

the power specified in the corresponding entry in the

second column;

(c)
the “equivalent NI power”, in relation to a listed power, is

the power specified in the corresponding entry in the third

column, and in that column references to an Article are to an

Article of the 2003 NI Order.

Listed power
Equivalent GB power
Equivalent NI power

Section 32O(2)(a)
Sections 32A(2)(a) and
Articles 53(2)(a) and

32G(2)(a)
55(2)(a)

Section 32O(2)(b)
Sections 32A(2)(b) and
Articles 53(2)(b) and

32G(2)(c)
55(2)(c)

Section 32O(2)(c)
Section 32G(2)(e)
Article 55(2)(e)

Section 32O(2)(f)
Section 32A(2)(c)
Article 53(2)(c)

Section 32S
Section 32B
---

Section 32T
---
Article 54

Section 32U(5) and (6)
Section 32C(5) and (6)
Article 54A(5) and (6)

Section 32V(1)
Section 32D(1)
Article 54B(1)

Section 32W(5) to (8)
Section 32E(4) to (6)
Article 54C(4) to (7)

and (8)

Section 32X
Section 32J
Article 55C

Section 32Z1(2) (so far
Section 32M (so far as
Article 55F(1) (so far

as relating to definition
relating to that
as relating to that

of “renewable sources”)
definition) and (2)
definition) and (2)

and (3)

Section 32Z1(9)
Section 32M(7)
Article 55F(3)

14

(5)
The duty in subsection (2), so far as it has effect in relation to the

exercise of the listed power under section 32V(1) to specify different

amounts of electricity in relation to different cases or circumstances,

applies only to the first exercise of that listed power.

(6)
The relevant part of Great Britain to which a renewables obligation

order relates may be ignored for the purposes of subsection (2)(a).

(7)
It does not matter for the purposes of subsection (2) whether or not

a renewables obligation order, or an order made under Article 52 of

the 2003 NI Order, is in force at the time when the listed powers in

question are being exercised.

(8)
In this section—

“2003 NI Order” means the Energy (Northern Ireland) Order

2003 (S.I. 2003/419 (N.I. 6));

“GB purpose” means the purpose of imposing the certificate

purchase obligation on the purchasing body of GB

certificates;

“NI purpose” means the purpose of imposing the certificate

purchase obligation on the purchasing body of NI

certificates.”
57
Page 43, line 24, after “Part)” insert “, and by section 120(2) of the Energy Act 2013

(duties in relation to strategy and policy statement),”
58
Page 46, line 13, leave out ““32,”” and insert ““32LA,” (as inserted by section

(Closure of support under the renewables obligation)(3))”
Clause 47
59
Page 47, line 1, after “to” insert—

“(a)
section (Introduction of carbon capture and storage: exemption from

emissions limit), and

(b)
”
After Clause 47
60
Insert the following new Clause—

“Introduction of carbon capture and storage: exemption from emissions limit

(1)
The emissions limit duty does not apply during the exemption period in

relation to fossil fuel plant for which there is a complete CCS system.

(2)
For this purpose, a complete CCS system, in relation to fossil fuel plant, is

a system of plant and facilities for—

(a)
capturing some or all of the carbon dioxide (or any substance

consisting primarily of carbon dioxide) that is produced by, or in

connection with, generation of electricity by the generating station

comprised in the fossil fuel plant,

(b)
transporting the carbon dioxide (or substance) captured, and

(c)
disposing of it by way of permanent storage.

(3)
The exemption period for any fossil fuel plant is the period—

(a)
beginning with the first day on which the fossil fuel plant and its

complete CCS system are ready for use, and

15

(b)
ending with—

(i)
the expiry of 3 years beginning with that day, or

(ii)
31 December 2027,


whichever is earlier.

(4)
In subsection (3), “use” includes testing in connection with the generation

of electricity on a commercial scale.

(5)
Subsection (1) is subject to any provision made by regulations under

section 47(6)(b).”
Clause 50
61
Page 49, line 37, after second “plant” insert “, or a system of plant and facilities,”
62
Page 50, line 24, after ““year”” insert “, except in section (Introduction of carbon

capture and storage: exemption from emissions limit),”
Clause 53
63
Page 53, line 22, leave out “or (4)” and insert “, (4) or (6A)”
Clause 57
64
Page 55, line 5, at end insert “their”
65
Page 55, line 26, after “site” insert “(its “associated site”)”
Clause 68
66
Page 62, line 9, leave out “with the consent of the Secretary of State” and insert “in

accordance with section (Procedure for issue, revision or withdrawal of codes of

practice)—

(a)
”
67
Page 62, line 12, leave out from beginning to “revise” and insert—

“(b)
”
68
Page 62, line 14, leave out subsections (3) to (5)
After Clause 68
69
Insert the following new Clause—

“Procedure for issue, revision or withdrawal of codes of practice

(1)
The ONR may—

(a)
issue or revise a code of practice under section 68 only in

accordance with subsection (8);

(b)
withdraw a code of practice under that section only in accordance

with subsection (11).

(2)
Before issuing, or revising or withdrawing, a code of practice, the ONR

must submit a proposal to the Secretary of State.

(3)
Before submitting a proposal to the Secretary of State the ONR must

consult—

16

(a)
any government department or other person that the Secretary of

State has directed the ONR to consult, and

(b)
any other government department or other person that the ONR

considers it appropriate to consult,


about the proposal.

(4)
A direction under subsection (3)(a) may be general or may relate to a

particular code, or codes of a particular kind.

(5)
A proposal for issuing or revising a code of practice must include a draft

code of practice or, as the case may be, proposed revisions of a code of

practice.

(6)
Where the ONR submits a proposal for issuing or revising a code of

practice to the Secretary of State, the Secretary of State may approve the

draft code of practice, or proposed revisions, as the case may be—

(a)
without modification, or

(b)
with the consent of the ONR, with modifications.

(7)
If the Secretary of State approves the draft code or proposed revisions, the

Secretary of State must lay before Parliament the draft code or proposed

revisions in the form approved.

(8)
Where—

(a)
the Secretary of State has laid a draft code or proposed revisions of

a code before Parliament, and

(b)
no negative resolution is made within the 40-day period,


the ONR may issue the code in the form of the draft laid before Parliament

or, as the case may be, make the proposed revisions in the form so laid.

(9)
For the purpose of subsection (8)—

(a)
a “negative resolution”, in relation to a draft code or proposed

revisions, means a resolution of either House of Parliament not to

approve the draft code or proposed revisions;

(b)
the “40-day period”, in relation to a draft of a code or proposed

revisions, 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 same day, the later of the 2 days

on which it is laid).

(10)
For the purposes of calculating the 40-day period, no account is to be taken

of any period during which—

(a)
Parliament is dissolved or prorogued, or

(b)
both Houses are adjourned for more than 4 days.

(11)
Where—

(a)
the ONR submits to the Secretary of State a proposal for the

withdrawal of a code of practice, and

(b)
the Secretary of State approves the proposal,


it may withdraw the code.

(12)
The ONR must—

(a)
publish any code of practice issued under section 68;

(b)
when it revises such a code, publish—

(i)
a notice to that effect, and

(ii)
a copy of the revised code;

17

(c)
when it withdraws such a code, publish a notice to that effect.”
Clause 101
70
Page 81, line 21, after “containing” insert “(whether alone or with other provision)”
71
Page 81, line 22, leave out from “regulations” to “or” in line 24 and insert “which

fall within subsection (2A)”
72
Page 81, line 27, at end insert—

“(2A)
Nuclear regulations fall within this subsection if—

(a)
they are the first nuclear regulations to be made,

(b)
they include provision amending or repealing any provision of—

(i)
the Nuclear Installations Act 1965, or

(ii)
the Nuclear Safeguards Act 2000, or

(c)
they include provision creating a new offence by virtue of section

64;


and for this purpose nuclear regulations which revoke and re-enact an

offence are not to be regarded as creating a new offence.”
Clause 102
73
Page 82, line 15, after “as” insert “—

(i)
”
74
Page 82, line 17, at end insert—

“(ii)
regulations under section 73, or

(iii)
regulations under section 89.”
75
Page 82, line 28, leave out “section 15 of the 1974” and insert “section 14 of the 1974

Act (power to direct investigations and inquiries);

(ba)
section 15 of that”
Clause 127
76
Page 97, line 24, at end insert—

“(f)
provision for requiring a licence holder to provide information to

domestic customers about the licence holder’s costs, or profit,

attributable to its domestic supply contracts, which may, in

particular, include information about—

(i)
particular kinds of those costs, and

(ii)
the extent to which domestic customers’ costs are

attributable to any of those kinds of costs, or to profit;”
77
Page 97, line 40, at end insert—

“(4A)
Provision that may be included in a licence by virtue of subsection (2)(d) or

(f) may in particular—”
78
Page 97, line 40, at end insert—

“(ba)
require information to be provided in a form that is clear and easy

to understand;”
79
Page 97, line 40, at end insert—

18

“( )
make provision about the times at which information is to be

provided;”
80
Page 97, line 42, leave out from “information” to “about” in line 47
81
Page 97, line 48, after “terms” insert “to be provided”
82
Page 97, line 48, at end insert—

“(c)
make provision about the way in which information is to be

provided, which may in particular require information to be

provided—

(i)
by means of a code or otherwise using a format readable by

an electronic device, or

(ii)
in a way which facilitates processing of the information by

means of an electronic device.”
83
Page 98, line 35, after “make” insert “incidental, supplementary or”
84
Page 99, line 34, at end insert—

“(13)
A statutory instrument containing an order under subsection (10) is subject

to annulment in pursuance of an order of either House of Parliament.”
Clause 128
85
Page 99, line 38, leave out paragraph (a)
86
Page 100, line 1, leave out subsections (3) and (4) and insert—

“(3A)
Before making modifications under section 127(1) the Secretary of State

must lay a draft of the modifications before Parliament.

(3B)
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.

(3C)
If no such resolution is made within that period, the Secretary of State may

make the modifications in the form of the draft.

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

being laid before Parliament.

(3E)
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 same day, the later of the 2 days on which it is

laid).

(3F)
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.

(3G)
The Secretary of State must publish details of any modifications made

under section 127(1) as soon as reasonably practicable after they are made.”
After Clause 132
87
Insert the following new Clause—