|
|
| |
| | |
|
| 32LB | Renewables obligation closure orders: procedure |
|
| (1) | Before making a renewables obligation closure order, the Secretary |
|
| |
| |
| |
| (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 |
|
| |
| (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 |
|
| |
| (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.” |
|
|
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 |
|
| |
| (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. |
|
|
|
| |
| | |
|
| (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 |
|
| |
| (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). |
|
| |
| (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 |
|
| |
| (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. |
|
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | as relating to definition |
| | | | | | | | | | | | | | | | | | | | | | |
|
|
|
| |
| | |
|
| (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. |
|
| |
| “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 |
|
| |
| “NI purpose” means the purpose of imposing the certificate |
|
| purchase obligation on the purchasing body of NI |
|
| |
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))” |
|
|
59 | Page 47, line 1, after “to” insert— |
|
| “(a) | section (Introduction of carbon capture and storage: exemption from |
|
| |
| |
|
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 |
|
|
|
| |
| | |
|
| |
| (i) | the expiry of 3 years beginning with that day, or |
|
| |
| |
| (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 |
|
| |
|
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),” |
|
|
63 | Page 53, line 22, leave out “or (4)” and insert “, (4) or (6A)” |
|
|
64 | Page 55, line 5, at end insert “their” |
|
65 | Page 55, line 26, after “site” insert “(its “associated site”)” |
|
|
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 |
|
| |
| |
67 | Page 62, line 12, leave out from beginning to “revise” and insert— |
|
| |
68 | Page 62, line 14, leave out subsections (3) to (5) |
|
|
69 | Insert the following new Clause— |
|
| “Procedure for issue, revision or withdrawal of codes of practice |
|
| |
| (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 |
|
| |
| (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 |
|
| |
|
|
| |
| | |
|
| (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, |
|
| |
| (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 |
|
| |
| (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. |
|
| |
| (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 |
|
| |
| (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. |
|
| |
| (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. |
|
| |
| (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; |
|
|
|
| |
| | |
|
| (c) | when it withdraws such a code, publish a notice to that effect.” |
|
|
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 |
|
| |
| | and for this purpose nuclear regulations which revoke and re-enact an |
|
| offence are not to be regarded as creating a new offence.” |
|
|
73 | Page 82, line 15, after “as” insert “— |
|
| |
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); |
|
| |
|
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 |
|
| |
78 | Page 97, line 40, at end insert— |
|
| “(ba) | require information to be provided in a form that is clear and easy |
|
| |
79 | Page 97, line 40, at end insert— |
|
|
|
| |
| | |
|
| “( ) | make provision about the times at which information is to be |
|
| |
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 |
|
| |
| (i) | by means of a code or otherwise using a format readable by |
|
| |
| (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.” |
|
|
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 |
|
| |
| (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.” |
|
|
87 | Insert the following new Clause— |
|
|