Lords Amendments to the Energy Bill

House of Commons

Session 2013 - 14
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Other Bills before Parliament

Lords Amendments to the Energy Bill

19

“Fuel poverty

(1)
The Warm Homes and Energy Conservation Act 2000 is amended as

follows.

(2)
After section 1 insert—

“1A
Objective for addressing fuel poverty: England

(1)
The Secretary of State must make regulations setting out an

objective for addressing the situation of persons in England who

live in fuel poverty.

(2)
The regulations must specify a target date for achieving the

objective.

(3)
Regulations under this section must be made by statutory

instrument; and a statutory instrument containing such regulations

may not be made unless a draft of the instrument has been laid

before and approved by a resolution of each House of Parliament.

(4)
The Secretary of State must lay a draft of the instrument before each

House of Parliament within 6 months of the day on which section

(Fuel Poverty) of the Energy Act 2013 comes into force.

1B
Strategy relating to fuel poverty: England

(1)
The Secretary of State must prepare and publish a strategy setting

out the Secretary of State’s policies for achieving the objective set

out in regulations under section 1A by the target date specified in

the regulations.

(2)
The strategy must be published within 6 months of the day on

which the first regulations under section 1A come into force.

(3)
The strategy must—

(a)
describe the households to which it applies,

(b)
specify a comprehensive package of measures for achieving

the objective by the target date, and

(c)
specify interim objectives to be achieved and target dates for

achieving them.

(4)
The Secretary of State must take such steps as are in the Secretary of

State’s opinion necessary to implement the strategy.

(5)
The Secretary of State must—

(a)
from time to time assess the impact of steps taken under

subsection (4) and the progress made in achieving the

objectives and meeting the target dates,

(b)
make any revision of the strategy which the Secretary of

State thinks appropriate in consequence of the assessment,

(c)
from time to time publish reports on such assessments.

(6)
If—

(a)
further regulations under section 1A are made revising an

objective or the target date for achieving it, and

(b)
the Secretary of State considers that changes to the strategy

are necessary or desirable as a result of those regulations,

20


the Secretary of State must revise the strategy within 6 months of

the day on which those regulations come into force.

(7)
If the Secretary of State revises the strategy, the Secretary of State

must publish the strategy as revised.

(8)
In preparing the strategy or any revision of the strategy, the

Secretary of State must consult—

(a)
local authorities or associations of local authorities,

(b)
persons appearing to the Secretary of State to represent the

interests of persons living in fuel poverty,

(c)
the Gas and Electricity Markets Authority, and

(d)
such other persons as the Secretary of State thinks fit.”

(3)
In section 2—

(a)
in the title, after “poverty” insert “: Wales”;

(b)
in subsection (1), after “strategy” insert “as respects Wales”;

(c)
in subsection (2)(d), omit “England or”;

(d)
in subsection (8)—

(i)
in the definition of “the appropriate authority”, omit

paragraph (a), and

(ii)
in the definition of “the relevant commencement”, omit

paragraph (a).”
Before Clause 133
88
Insert the following new Clause—

“Feed-in tariffs: increase in maximum capacity of plant

In section 41 of the Energy Act 2008 (power to amend licence conditions etc:

feed-in tariffs), in subsection (4), in the definition of “specified maximum

capacity” for “5” substitute “10”.”
After Clause 135
89
Insert the following new Clause—

“Smoke and carbon monoxide alarms

(1)
The Secretary of State may by regulations make provision imposing duties

on a relevant landlord of residential premises in England for the purposes

of ensuring that, during any period when the premises are occupied under

a tenancy—

(a)
the premises are equipped with a required alarm (or required

alarms), and

(b)
checks are made by or on behalf of the landlord in accordance with

the regulations to ensure that any such alarm remains in proper

working order.

(2)
“Required alarm” means—

(a)
a smoke alarm, or

(b)
a carbon monoxide alarm,


that meets the appropriate standard.

21

(3)
Regulations may include provision about—

(a)
the interpretation of terms used in subsections (1) and (2);

(b)
the enforcement of any duty imposed by regulations.

(4)
Provision made by virtue of subsection (3)(b) may in particular—

(a)
confer functions on local housing authorities in England;

(b)
require a landlord who contravenes any such duty to pay a

financial penalty.

(5)
Provision about penalties made by virtue of subsection (4)(b) includes

provision—

(a)
about the procedure to be followed in imposing penalties;

(b)
about the amount of penalties;

(c)
conferring rights of appeal against penalties;

(d)
for the enforcement of penalties;

(e)
about the application of sums paid by way of penalties (and such

provision may permit or require the payment of sums into the

Consolidated Fund).

(6)
Regulations may—

(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

different purposes;

(d)
make provision subject to exceptions.

(7)
Consequential provision made by virtue of subsection (6)(a) may amend,

repeal or revoke any provision made by or under an Act.

(8)
Regulations are to be made by statutory instrument.

(9)
An instrument containing regulations may not be made unless a draft of

the instrument has been laid before, and approved by a resolution of, each

House of Parliament.

(10)
Subject to provision contained in regulations, in this section—

“the appropriate standard”, in relation to a smoke alarm or a carbon

monoxide alarm, means the standard (if any) that is specified in, or

determined under, regulations;

“local housing authority” has the meaning given in section 261(2) of

the Housing Act 2004;

“premises” includes land, buildings, moveable structures, vehicles

and vessels;

“regulations” means regulations under this section;

“relevant landlord” means a landlord in respect of a tenancy of

residential premises in England who is of a description specified in

regulations;

“residential premises” means premises all or part of which comprise a

dwelling;

“tenancy” includes any lease, licence, sub-lease or sub-tenancy (and

“landlord” is to be read accordingly).”
Clause 140
90
Page 108, line 20, at end insert—

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“( )
Part 1 (decarbonisation);”
91
Page 108, line 25, leave out sub-paragraph (iv) and insert—

“( )
section 46 (transition to certificate purchase scheme);”
92
Page 108, line 30, at end insert—

“( )
Section (Closure of support under the renewables obligation)(4) extends to

Northern Ireland only.”
93
Page 108, line 30, at end insert—

“( )
Sections (Fuel poverty) and (Smoke and carbon monoxide alarms) extend to

England and Wales only.”
Clause 141
94
Page 109, line 10, leave out paragraph (c) and insert—

“( )
section 46 (transition to certificate purchase scheme);”
95
Page 109, line 18, at end insert—

“( )
section (Fuel poverty) (fuel poverty);”
96
Page 109, line 18, at end insert—

“( )
section (Feed-in tariffs: increase in maximum capacity of plant) (feed-in

tariffs: increase in maximum capacity of plant);”
97
Page 109, line 28, at end insert—

“( )
section (Closure of support under the renewables obligation) (closure of

support under the renewables obligation);”
Schedule 2
98
Page 112, line 2, leave out from “generator”” to “intends” in line 3 and insert

“, in relation to an investment contract, means—

(a)
a person who at the time the contract is entered into”
99
Page 112, line 5, after “who” insert “at that time”
100
Page 112, line 8, after “who” insert “at that time”
101
Page 112, line 19, at end insert—

    “( )
In the case of a contract entered into with more than one person, the

reference in sub-paragraph (1)(c) to the parties is a reference to the

Secretary of State and any of those persons who is an electricity

generator.”
102
Page 115, line 15, leave out sub-paragraph (5) and insert—

    “(5)
An instrument containing regulations of any of the following kinds may

not be made unless a draft of the instrument has been laid before, and

approved by a resolution of, each House of Parliament (in each case,

whether or not the regulations also make any other provision)—

(a)
the first regulations which make provision falling within

paragraph 10,

(b)
the first regulations which make provision falling within

paragraph 11, or

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(c)
regulations which make provision falling within any other

paragraph of Parts 1 to 3 of this Schedule.”
103
Page 115, line 20, at end insert—

    “( )
If, but for this sub-paragraph, an instrument containing regulations

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.”
104
Page 116, line 28, leave out sub-paragraph (10) and insert—

  “(10)
Any sum which—

(a)
an electricity supplier is required by virtue of regulations to pay

to the Secretary of State, an investment contract counterparty or

a CFD counterparty, and

(b)
has not been paid by the date on which it is required by virtue of

regulations to be paid,


may be recovered from the electricity supplier by the Secretary of State,

the investment contract counterparty or the CFD counterparty (as the

case may be) as a civil debt due to that person.”
Schedule 4
105
Page 125, line 3, at end insert—

“(iii)
substantial pollution abatement equipment dealing with

oxides of sulphur, oxides of nitrogen, heavy metal

emissions or particles is fitted to the generating station.”
106
Page 125, line 16, at end insert “, or the exemption in section (Introduction of carbon

capture and storage: exemption from emissions limit),”
107
Page 125, line 26, at end insert—

“Modifications where carbon capture and storage process used in relation to part of

generating station

3A  (1)
Regulations under section 47(6)(b) may provide for the exemption in

section (Introduction of carbon capture and storage: exemption from emissions

limit) to apply with modifications in cases where the complete CCS

system for the fossil fuel plant relates to only part of the generating

station.

      (2)
For this purpose—

(a)
a complete CCS system relates to part of a generating station if it

is a system for 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

that part of the generating station, and

(b)
“complete CCS system” has the same meaning as in section

(Introduction of carbon capture and storage: exemption from emissions

limit).”
108
Page 125, line 29, leave out from “where” to end of line 32 and insert “—

(a)
the generating station is used for the first time, or permanently

ceases to be used, for the generation of electricity,

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(b)
any period during which the emissions limit duty does not apply

in relation to the plant by virtue of section (Introduction of carbon

capture and storage: exemption from emissions limit) begins or ends,

or

(c)
the generating station, or any CCS plant comprised in the fossil

fuel plant, is altered.”
Schedule 9
109
Page 152, line 9, leave out “or an” and insert “, an inspector or a health and safety”
Schedule 10
110
Page 159, line 27, leave out “or under”
Schedule 11
111
Page 167, line 9, after “A” insert “property transfer”
Schedule 12
112
Page 172, line 47, at end insert—

“   (1)
Section 82 (general provisions as to interpretation and regulations) is

amended as follows.

      (2)
In subsection (3)(b), after “subsection” insert “(3A) or”.

      (3)
After subsection (3) insert—

“(3A)
In the case of a statutory instrument which also contains

regulations under section 63 of the Energy Act 2013 (nuclear

regulations), subsection (3) is subject to section 101 of that Act

(subordinate legislation).” ”
In the Title
113
Line 12, after “State;” insert “about smoke and carbon monoxide alarms;”