Infrastructure Bill (HC Bill 999)

(2) The Chief Land Registrar may withdraw a notice under sub-paragraph (1)
(“the original notice”) by a notice in writing which—

(a) is given before the date specified in the original notice to the
authorities to whom the original notice was given, and

(b) 5is publicised before that date in such manner as the Chief Land
Registrar thinks is likely to bring the withdrawal to the attention of
the persons to whom the original notice was publicised.

(3) If, in accordance with this paragraph, the Chief Land Registrar gives a notice
under sub-paragraph (1) which is not withdrawn, Parts 1 and 3 have effect
10in relation to the area specified in the notice on and after the date specified
in it.

(4) This paragraph does not prevent the making of rules under section 14 of the
Local Land Charges Act 1975 as amended by Part 1 of this Schedule—

(a) in relation to the operation of that Act as amended by that Part, or

(b) 15in relation to the operation of any other statutory provision by virtue
of which any matter is registrable in the local land charges register,

but such rules have effect in relation to the area of a local authority if (and
only if) that Part has effect in relation to that area in accordance with this
paragraph.

20Duty of local authorities to assist Chief Land Registrar

41 A local authority must provide the Chief Land Registrar with such
information or other assistance as the Chief Land Registrar reasonably
requires for the purposes of enabling Part 1 of this Schedule to have effect in
relation to the area of that authority.

25Continuity of functions

42 (1) This paragraph and paragraph 43 apply where Parts 1 and 3 of this Schedule
have effect in relation to the area of a local authority by virtue of paragraph
40.

(2) Anything done or omitted to be done by or in relation to the local authority
30and in relation to the old register which is in force or effective immediately
before the relevant date is to be treated as done or omitted to be done by or
in relation to the Chief Land Registrar and in relation to the new register.

(3) There may be continued by or in relation to the Chief Land Registrar
anything (including legal proceedings) that relates to the old register and is
35in the process of being done by or in relation to the local authority
immediately before the relevant date.

Compensation

43 (1) The amendments in Part 1 of this Schedule to section 10(1) and (2) of the
Local Land Charges Act 1975 (compensation for non-registration or
40defective official search certificate) and to section 16(1) of that Act so far as it
applies to that section do not have effect in relation to a search of the old
register made before the relevant date.

(2) Subject to sub-paragraphs (4) and (5), the Chief Land Registrar may recover
from the local authority an amount equal to any compensation which the

Chief Land Registrar is liable to pay under section 10 of the Local Land
Charges Act 1975 in consequence of—

(a) the authority’s failure before the relevant date to register, or register
correctly, a local land charge in the old register,

(b) 5the authority’s failure before the relevant date to satisfy an
entitlement to search in the old register conferred by section 8 of that
Act as mentioned in subsection (1A) of that section, or

(c) the omission of a local land charge from an official search certificate
issued by the authority before the relevant date.

(3) 10Subject to sub-paragraphs (4) and (5), the Chief Land Registrar may recover
from the local authority an amount equal to any compensation which the
Chief Land Registrar is liable to pay under section 10 of the Local Land
Charges Act 1975 where—

(a) an act or omission of the Chief Land Registrar gives rise to that
15liability, but

(b) that act or omission is in consequence of a failure by the authority to
provide any information about a charge registered in the old register.

(4) Sub-paragraph (5) applies where—

(a) the Chief Land Registrar’s liability arises as a result of the local
20authority’s failure before the relevant date—

(i) to register, or register correctly, a local land charge in the old
register, or

(ii) to provide any information about a local land charge
registered in the old register to the Chief Land Registrar,

(b) 25the local authority is not the originating authority in relation to the
charge, and

(c) the originating authority—

(i) did not apply for registration of the charge in time for it to be
practicable for the local authority to register it before the
30relevant date, or

(ii) made an error in applying to register the charge, or in
applying for the registration of the charge to be varied or
cancelled.

(5) Where this sub-paragraph applies, the Chief Land Registrar may recover an
35amount equal to the compensation from the originating authority (and may
not recover such an amount from the local authority).

(6) Sub-paragraph (7) applies where compensation for loss under section 10 of
the Local Land Charges Act 1975 is paid by the Chief Land Registrar in the
circumstances described in any of sub-paragraphs (2) to (4).

(7) 40No part of the amount paid, or of any corresponding amount paid to the
Chief Land Registrar by the local authority or originating authority under
any of those sub-paragraphs, is to be recovered by the Chief Land Registrar,
the local authority or originating authority from any other person except as
provided by any of sub-paragraphs (2) to (4) or under a policy of insurance
45or on grounds of fraud.

(8) Subsections (5) and (6) of section 10 of the Local Land Charges Act 1975 do
not apply where compensation for loss under that section is paid by the
Chief Land Registrar in the circumstances described in any of sub-
paragraphs (2) to (4).

Interpretation

44 (1) In this Part of this Schedule—

• “local authority” means—

  (a)

  a district council,

  (b)

  5a county council in England for an area for which there is no
  district council,

  (c)

  a county council in Wales,

  (d)

  a county borough council,

  (e)

  a London borough council,

  (f)

  10the Common Council of the City of London, or

  (g)

  the Council of the Isles of Scilly;

• “the old register”, in relation to a local authority, means the local land
  charges register kept by the authority under the Local Land Charges
  Act 1975 before the relevant date;

• 15“the new register” means the local land charges register kept by the
  Chief Land Registrar under the Local Land Charges Act 1975;

• “the relevant date”, in relation to a local authority, means the date on
  which Parts 1 and 3 of this Schedule first had effect in relation to the
  authority’s area.

(2) 20For the purposes of this Part of this Schedule the area of the Common
Council of the City of London includes the Inner Temple and the Middle
Temple.

(3) Expressions used in this Part of this Schedule and in the Local Land Charges
Act 1975 have the same meaning as in that Act.

Section 34

25SCHEDULE 6 Community electricity right regulations

Part 1 The right to buy

“Right to buy regulations”

1 30In this Schedule “right to buy regulations” means regulations under
subsection (1) of section 34.

Kinds of facilities in relation to which right to buy exercisable

2 (1) Right to buy regulations must specify the kind, or kinds, of renewable
electricity generation facilities in relation to which the right to buy is to be
35exercisable.

(2) The regulations must secure that the right to buy is not to be exercisable in
relation to a renewable electricity generation facility if the total installed
capacity of the facility is expected to be less than 5 megawatts.

(3) The regulations may specify a kind of renewable electricity generation
40facility by reference to one or more of the following factors—

(a) the renewable source of energy used at the facility;

(b) the technology used to generate electricity at the facility;

(c) the electricity generation capacity of the facility;

(d) whether the facility is a land-based facility or an offshore facility.

5Identification of qualifying facilities

3 (1) Right to buy regulations must make provision enabling those renewable
electricity generation facilities which are qualifying facilities to be identified.

(2) The regulations may make provision enabling the following to be
identified—

(a) 10different renewable electricity generation facilities located at the
same site;

(b) any facility at that site which is a qualifying facility.

(3) The regulations may make provision enabling the following to be identified
in cases where there is expansion at a site where a renewable electricity
15generation facility is located—

(a) any new renewable electricity generation facility created by the
expansion;

(b) any facility at that site which is a qualifying facility (including any
existing facility which becomes a qualifying facility because its total
20installed capacity is expected to be 5 megawatts or more as a result
of the expansion).

(4) Right to buy regulations may make provision about cases in which the right
to buy is not to be exercisable in relation to a renewable electricity generation
facility which would otherwise be a qualifying facility (an “excepted
25facility”).

(5) The functions that may be conferred by regulations under sub-paragraph (4)
(in accordance with section 35(1)) include—

(a) the function of determining whether or not a renewable electricity
generation facility is an excepted facility;

(b) 30the function of specifying that a particular renewable electricity
generation facility is an excepted facility.

(6) The regulations may provide for an excepted facility to be identified by
reference to one or more of the following factors—

(a) community ownership of the facility;

(b) 35community ownership of a stake in the facility;

(c) non-participation in a statutory energy scheme (whether or not there
could be participation in the scheme in respect of the facility).

The promoter

4 (1) Right to buy regulations must make provision enabling the promoter of a
40qualifying facility to be identified in a case where the promoter is not, or is
not expected to become, the facility operator.

(2) In this paragraph “promoter” means a person developing a qualifying
facility.

The community

5 (1) Right to buy regulations must make provision enabling the following to be
identified—

(a) the community in which a land-based facility is located;

(b) 5the community adjacent to which an offshore facility is located.

(2) A community must be a geographical area which is—

(a) wholly in England, wholly in Wales or wholly in Scotland;

(b) partly in England and partly in Wales; or

(c) partly in England and partly in Scotland.

(3) 10A community may be identified by reference to one or more of the following
factors—

(a) distance measured from the facility or some other point (such as a
point on a coastline adjacent to an offshore facility);

(b) the number of residents;

(c) 15administrative boundaries of any kind.

The members of the community

6 (1) Right to buy regulations must make provision enabling the following to be
identified—

(a) individuals who may exercise the right to buy;

(b) 20groups who may exercise the right to buy.

(2) The individuals who may exercise the right to buy may be identified by
reference to one or more of the following factors—

(a) how old an individual is;

(b) how long an individual has been resident in the community;

(c) 25whether the community is an individual’s only (or main) place of
residence.

(3) Right to buy regulations may specify the kind, or kinds, of individuals who
may not exercise the right to buy.

(4) Those kinds of individuals may be identified by reference to one or more of
30the following factors—

(a) whether an individual is, or has been, bankrupt or subject to any
other kind of arrangement relating to indebtedness;

(b) whether an individual has been convicted of a criminal offence
involving fraud;

(c) 35whether an individual is connected with—

(i) the designated promoter or facility operator, or

(ii) bodies or individuals connected with the designated
promoter or facility operator.

(5) The groups who may exercise the right to buy may be identified by reference
40to one or more of the following factors—

(a) the legal form of the group;

(b) the constitution, structure and management of the group;

(c) the criteria for membership of the group (including criteria relating
to residence);

(d) the members of the group;

(e) the aims of the group;

(f) the activities of the group (including economic activities);

(g) the geographical area or areas in which, or in relation to which, the
5group operates;

(h) the treatment of income and profits of the group;

(i) the treatment of assets of the group (including on its dissolution);

(j) whether the group is connected with—

(i) the designated promoter or facility operator, or

(ii) 10bodies or individuals connected with the designated
promoter or facility operator.

(6) The provision that may be made about membership, or members, of the
group under sub-paragraph (5)(c) or (d) includes provision of any kind that
may be made under sub-paragraph (2) or (4) about individuals.

(7) 15Right to buy regulations may specify the kind, or kinds, of groups who may
not exercise the right to buy.

(8) Regulations under this paragraph may make provision about which persons
are connected with which other persons for the purposes of any such
regulations.

(9) 20The regulations may provide that one person (“A”) is connected with
another person (“B”) by virtue of—

(a) a direct or indirect connection;

(b) connections arising from employment or office-holding, from family
relationships, or from financial arrangements;

(c) 25A being the parent of B or another person connected with B;

(d) A being a subsidiary of B or another person connected with B.

Kinds of stake which may be bought through the right to buy

7 (1) Right to buy regulations must specify the kinds of stakes in qualifying
facilities which may be bought through the right to buy.

(2) 30A stake may take any of the following forms—

(a) one or more shares in a company;

(b) any other interest in a body other than a company;

(c) an equitable interest;

(d) a right to a royalty related to revenues;

(e) 35a loan.

(3) Right to buy regulations may make provision about the rights, obligations,
powers and other terms attaching to a stake.

Particular kind of stake which may be bought in particular facility

8 (1) Right to buy regulations must require the designated promoter or facility
40operator to choose the kind, or kinds, of stake in a qualifying facility that are
to be available through the right to buy.

(2) The regulations must give the designated promoter or facility operator a
choice of at least two different kinds of stake in relation to a qualifying
facility.

(3) The regulations must require the designated promoter or facility operator—

(a) to carry out a consultation before choosing which kind, or kinds, of
stake are to be available, and

(b) to take the results of that consultation into account in making the
5choice.

The price of the stakes

9 (1) Right to buy regulations must make provision about setting the price of the
available stakes in a qualifying facility.

(2) In making the regulations, the Secretary of State must have regard to the
10desirability of the prices of available stakes reflecting a measure of fair value.

(3) In this paragraph “available stakes”, in relation to a qualifying facility,
means the stakes in the qualifying facility that are to be offered through the
right to buy.

Total value of the offer

10 (1) 15Right to buy regulations must require the offer to consist of stakes whose
combined price is—

(a) equal to, or

(b) greater than,

the minimum amount described in the regulations.

(2) 20That minimum amount must be expressed as a percentage of the total capital
costs of development of a qualifying facility.

(3) That percentage must not exceed 5%.

(4) The regulations may make provision about—

(a) the kinds of costs that are capital costs of development of a qualifying
25facility;

(b) calculation of the total capital costs of development of a qualifying
facility.

(5) The provision about calculation of the total capital costs may provide for the
total—

(a) 30to be calculated by reference to a period ending after the time of the
calculation (including a period ending with commissioning of the
facility);

(b) to include costs which have not been incurred at the time of the
calculation;

(c) 35to include estimated costs.

(6) In this paragraph—

• “combined price”, in relation to the stakes offered through the right to
  buy, means the total which the amounts to be paid for all of those
  stakes will add up to (assuming those stakes are all bought);

• 40“offer” means the offer of stakes in a qualifying facility through the
  right to buy.

Buying a stake

11 (1) Right to buy regulations must make provision about the procedure for
exercising the right to buy in relation to a qualifying facility (the “purchase
procedure”).

(2) 5The purchase procedure must identify what stake or stakes—

(a) the individuals resident in the community, and

(b) the groups connected with the community,

may buy through the right to buy.

(3) The regulations may require the designated promoter or facility operator to
10conduct the purchase procedure.

(4) The purchase procedure must identify the period of time during which
stakes in a qualifying facility may be applied for (the “application period”).

(5) The purchase procedure must secure that the application period does not
begin until after planning consent has been given for the development of the
15qualifying facility.

(6) Here “planning consent” means whichever of the following is, or are,
needed for that facility to be developed—

(a) development consent under the Planning Act 2008;

(b) planning permission under Part 3 of the Town and Country Planning
20Act 1990;

(c) a marine licence under the Marine and Coastal Access Act 2009;

(d) consent of the Scottish Ministers under section 36 of the Electricity
Act 1989;

(e) planning permission under the Town and Country Planning
25(Scotland) Act 1997;

(f) a marine licence under Part 4 of the Marine (Scotland) Act 2010.

Excessive or insufficient take-up

12 (1) Right to buy regulations may make provision (including provision relating
to the allocation of stakes)—

(a) 30about cases where applications made in the application period
exceed the available stakes, and

(b) about cases where applications made in the application period do
not exceed the available stakes.

(2) Provision about cases where applications made in the application period do
35not exceed the available stakes may—

(a) provide for the right to buy to be modified or to cease to apply;

(b) identify a subsequent period of time (a “secondary period”) during
which the right to buy is to be exercisable.

(3) If right to buy regulations identify a secondary period, the regulations may
40make, in relation to the secondary period, any provision of the kinds
mentioned in sub-paragraphs (1) and (2)(a) that may be made in relation to
the application period.

(4) The power under section 50 to make different provision in community
electricity right regulations for different purposes includes power to make

provision relating to secondary periods that is different from provision
relating to application periods.

(5) The provision that may differ includes provision about—

(a) the community in which a land-based facility is located or adjacent
5to which an offshore facility is located;

(b) the individuals resident in a community or the groups connected
with a community who may exercise the right to buy.

(6) In this paragraph—

• “application period” has the meaning given in paragraph 11;

• 10“applications” means applications for stakes in a qualifying facility;

• “available stakes” means the stakes in a qualifying facility that are
  available to be bought through the right to buy.

Subsequent disposal of a stake

13 (1) Right to buy regulations may make provision about the disposal of a stake
15in a qualifying facility after it has been bought through the right to buy
(whether the disposal is by a person who bought the stake through the right
to buy or by a person who has subsequently acquired it).

(2) The regulations may impose restrictions or prohibitions on the disposal of a
stake.

(3) 20The regulations may impose duties to dispose of a stake in a case where the
holder ceases to be—

(a) an individual resident in a community, or

(b) a body connected with a community.

(4) A restriction or prohibition may limit or prevent the disposal of a stake
25except to an individual or body who—

(a) would have been able to buy the stake at the time when the right to
buy was originally exercisable, or

(b) would be able to buy the stake at the time of the disposal, were the
right to buy exercisable at that time.

30Part 2 Operators, ownership & related matters

“Operator and ownership regulations”

14 In this Schedule “operator and ownership regulations” means regulations
under subsection (2) of section 34.

35Bodies that may be facility operators

15 If operator and ownership regulations specify two or more kinds of bodies
which may be a facility operator, the regulations may make provision about
which kind of body may own which kind of facility in which circumstances.

Constitutions of facility operators

16 (1) Operator and ownership regulations may require the constitution of a
facility operator to be in accordance with provision specified in the
regulations.

(2) 5In the case of a facility operator that is a company, the regulations may
require the constitution of the company to be in accordance with provision
about—

(a) the voting rights attached to, or other characteristics of, shares in the
company;

(b) 10the issuing of new shares in the company.

Ownership of facility operators

17 (1) Operator and ownership regulations may make provision about the
ownership of facility operators.

(2) The regulations may—

(a) 15impose limitations on who may own a facility operator;

(b) require the owners of a facility operator to consist of, or include, one
or more persons of a kind specified in the regulations.

Conduct of owners of facility operators

18 (1) Operator and ownership regulations may make provision about the conduct
20of the owners of facility operators.

(2) The regulations may impose duties, restrictions or prohibitions in relation to
the exercise of rights or powers of owners (including a right or power to
exercise a vote attached to a share).

Revenues

19 (1) 25Operator and ownership regulations may make provision about the
treatment of the revenues earned by a qualifying facility.

(2) The regulations may restrict or prohibit the making of arrangements
affecting the destination of the revenues.

Part 3 30Information

“Information regulations”

20 In this Schedule “information regulations” means regulations under
subsection (3) of section 34.

Particular kinds of information

21 35Information regulations may make provision about the supply of—

(a) financial information relating to a renewable electricity generation
facility;