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1

 

House of Commons

 
 

Tuesday 26 January 2016

 

Public Bill Committee

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments which will comply with the required notice period at their next appearance

 

Energy Bill [Lords]


 

Note

 

This document includes all amendments tabled to date and includes any

 

withdrawn amendments at the end. The amendments have been arranged in

 

accordance with the Resolution of the Programming Sub-Committee.

 

 


 

Resolution of the Programming Sub-Committee

 

The Programming Sub-Committee appointed by the Speaker in respect of the Bill

 

agreed the following Resolution at its meeting on Monday 25 January (Standing Order

 

No. 83C):

 

That—

 

(1)  

the Committee shall (in addition to its first meeting at 9.25 am on Tuesday 26

 

January) meet—

 

(a)  

at 2.00 pm on Tuesday 26 January;

 

(b)  

at 11.30 am and 2.00 pm on Thursday 28 January;

 

(c)  

at 9.25 am and 2.00 pm on Tuesday 2 February;

 

(d)  

at 11.30 am and 2.00 pm on Thursday 4 February;

 

(e)  

at 9.25 am and 2.00 pm on Tuesday 9 February;

 

(2)  

the proceedings shall be taken in the following order: Clauses 1 and 2;

 

Schedule 1; Clauses 3 to 73; Schedule 2; Clauses 74 to 84; new Clauses; new

 

Schedules; remaining proceedings on the Bill;

 

(3)  

the proceedings shall (so far as not previously concluded) be brought to a

 

conclusion at 5.00 pm on Tuesday 9 February.


 
 

Public Bill Committee: 26 January 2016                  

2

 

Energy Bill-[Lords], continued

 
 

Andrea Leadsom has given notice of her intention to move a motion in the terms of the

 

Resolution of the Programming Sub-Committee (Standing Order No. 83C).

 


 

Andrea Leadsom

 

That, subject to the discretion of the Chair, any written evidence received by the

 

Committee shall be reported to the House for publication.

 


 

Dr Alan Whitehead

 

Clive Lewis

 

7

 

Clause  2,  page  2,  line  9,  at end insert—

 

“(2c)    

The Secretary of State shall, within one year from the date of this section coming

 

into force, undertake an assessment of the fitness for purpose of the OGA’s

 

powers in relation to relevant activities, and shall lay before each House of

 

Parliament a report of the findings.”

 

Member’s explanatory statement

 

This amendment would require the Secretary of State to undertake an assessment of whether the

 

OGA’S power are fit for purpose within a year of this section coming into force.

 


 

Andrea Leadsom

 

1

 

Page  5,  line  29,  leave out Clause 8

 

Member’s explanatory statement

 

This removes provision that amends section 9A(1) of the Petroleum Act 1998. That provision

 

would have changed the principal objective under Part 1A of that Act, and would also have given

 

the OGA oversight of infrastructure decommissioning for the purpose of facilitating the

 

transportation and storage of greenhouse gases.

 


 

Dr Alan Whitehead

 

Clive Lewis

 

8

 

Clause  9,  page  6,  line  17,  at end insert—

 

    

“Environmental considerations and climate change

 

    

The need for the OGA to address environmental considerations and to facilitate

 

the pursuance of section 1 of the Climate Change Act 2008 in relation to relevant

 

activities.”

 

Member’s explanatory statement

 

This amendment would require the OGA to have regard to environmental considerations and

 

climate change when exercising its functions.


 
 

Public Bill Committee: 26 January 2016                  

3

 

Energy Bill-[Lords], continued

 
 

Dr Alan Whitehead

 

Clive Lewis

 

9

 

Clause  9,  page  6,  line  17,  at end insert—

 

    

“Hierarchy of matters relating to decommissioning

 

    

The need to re-use North Sea infrastructure for carbon capture and storage

 

projects and marginal field extraction, where economically viable, to be

 

considered prior to the decommissioning of such sites.”

 

Member’s explanatory statement

 

This amendment would require the OGA to have regard to the hierarchy of matters relating to

 

decommissioning when exercising its functions.

 


 

Dr Alan Whitehead

 

Clive Lewis

 

10

 

Clause  10,  page  6,  line  31,  at end insert—

 

“(aa)    

Are necessary in order to inform the OGA’s role in developing and

 

promoting carbon storage;

 

(ab)    

Are necessary to meet the terms of the Climate Change Act 2008 or

 

European or international obligations on climate change”

 

Member’s explanatory statement

 

This amendment would allow the Secretary of State to give direction to the OGA if the Secretary

 

of State considers that these are necessary to inform the OGA’s role in developing and promoting

 

carbon storage and/or to meet the terms of the Climate Change Act 2008 or any international

 

obligation on climate change.

 


 

Dr Alan Whitehead

 

Clive Lewis

 

11

 

Clause  13,  page  8,  line  44,  leave out subsection (3)

 

Member’s explanatory statement

 

This amendment, together with amendments 12 and 13 would require the amount of income the

 

OGA raised by fees and charges to be kept by of the OGA and used to reduce the amount of income

 

raised by the levy on licence holders.

 

Dr Alan Whitehead

 

Clive Lewis

 

12

 

Clause  13,  page  9,  line  1,  leave out subsection (4)

 

Member’s explanatory statement

 

This amendment should be read together with amendment 11.

 



 
 

Public Bill Committee: 26 January 2016                  

4

 

Energy Bill-[Lords], continued

 
 

Dr Alan Whitehead

 

Clive Lewis

 

13

 

Clause  14,  page  9,  line  38,  after “period” insert “minus the income derived from

 

fees under section 13”

 

Member’s explanatory statement

 

This amendment should be read together with amendment 11.

 

Dr Alan Whitehead

 

Clive Lewis

 

14

 

Clause  14,  page  10,  line  15,  leave out subsection (6)

 

Member’s explanatory statement

 

This amendment, together with amendment 15, would require the OGA to keep the income from

 

the levy on licence holder, rather than pay it into the consolidated fund.

 

Dr Alan Whitehead

 

Clive Lewis

 

15

 

Clause  14,  page  10,  line  17,  leave out subsection (7)

 

Member’s explanatory statement

 

This amendment should be read together with amendment 14.

 


 

Andrea Leadsom

 

2

 

Clause  17,  page  12,  line  7,  leave out “one year” and insert “three years”

 

Member’s explanatory statement

 

This extends the maximum period after which the first review of the OGA’s performance is to take

 

place from one year to three years.

 

Andrea Leadsom

 

3

 

Clause  17,  page  12,  line  12,  leave out “one year” and insert “three years”

 

Member’s explanatory statement

 

This extends the maximum period after which subsequent reviews of the OGA’s performance are

 

to take place from one year to three years.

 


 

Dr Alan Whitehead

 

Clive Lewis

 

16

 

Clause  79,  page  46,  line  43,  at end insert—

 

“(2)    

Within six months from the date of this Act coming into force, the Secretary of

 

State shall report to Parliament on the impact of this section and any other policy

 

changes to the renewable energy sector with regards to how they affect the United

 

Kingdom’s ability to comply with the 2020 EU renewable target.


 
 

Public Bill Committee: 26 January 2016                  

5

 

Energy Bill-[Lords], continued

 
 

(3)    

The report in subsection (2) must include an estimate of the cost to the taxpayer

 

should the UK not comply with the 2020 EU renewable target.”

 

Member’s explanatory statement

 

This amendment would require the Secretary of State to report within six months of this Act coming

 

into force on how changes to renewable energy policy (including the changes stipulated in section

 

79 of the Act) have affected the UK’s ability to comply with the 2020 EU renewable target. 

 


 

Andrea Leadsom

 

4

 

Page  47,  line  3,  leave out Clause 80

 

Member’s explanatory statement

 

This removes provision that amends section 27 of the Climate Change Act 2008. The provision

 

removed by the amendment would have altered the regulation-making powers for prescribing the

 

basis for calculating how a carbon budget is being met from 2028 onwards (i.e. from the start of

 

the fifth carbon budget).

 


 

Andrea Leadsom

 

5

 

Clause  83,  page  48,  line  2,  leave out “This Part comes” and insert “Sections

 

[Onshore wind power: closure of renewables obligation on 31 March 2016], [Onshore

 

wind power: circumstances in which certificates may be issued after 31 March 2016] and

 

[Use of Northern Ireland certificates: onshore wind power] and this Part come”

 

Member’s explanatory statement

 

This Amendment provides for New Clauses 1, 2 and 3 to come into force on Royal Assent of the

 

Energy Bill.

 


 

Andrea Leadsom

 

6

 

Clause  84,  page  48,  line  14,  leave out subsection (4)

 

Member’s explanatory statement

 

This removes provision which was inserted to avoid infringing the financial privileges of the

 

Commons. Now that the money and ways and means resolutions have been passed this can be

 

removed.

 



 
 

Public Bill Committee: 26 January 2016                  

6

 

Energy Bill-[Lords], continued

 
 

New Clauses

 

Andrea Leadsom

 

NC1

 

To move the following Clause—

 

         

“Onshore wind power: closure of renewables obligation on 31 March 2016

 

(1)    

In Part 1 of the Electricity Act 1989 (electricity supply), after section 32LB

 

insert—

 

“32LC

Onshore wind generating stations: closure of renewables obligation

 

(1)    

No renewables obligation certificates are to be issued under a renewables

 

obligation order in respect of electricity generated after 31 March 2016

 

by an onshore wind generating station.

 

(2)    

Subsection (1) does not apply to electricity generated in the

 

circumstances set out in any one or more of sections 32LD to 32LL.

 

(3)    

In this section and sections 32LD to 32LL “onshore wind generating

 

station” means a generating station that—

 

(a)    

generates electricity from wind, and

 

(b)    

is situated in England, Wales or Scotland, but not in waters in or

 

adjacent to England, Wales or Scotland up to the seaward limits

 

of the territorial sea.

 

(4)    

The reference in subsection (1) to a renewables obligation order is to any

 

renewables obligation order made under section 32 (whenever made, and

 

whether or not made by the Secretary of State).

 

(5)    

Power to make provision in a renewables obligation order or a

 

renewables obligation closure order (and any provision contained in such

 

an order) is subject to subsection (1) and sections 32LD to 32LL.

 

(6)    

This section is not otherwise to be taken as affecting power to make

 

provision in a renewables obligation order or renewables obligation

 

closure order.”

 

(2)    

The Renewables Obligation Closure Order 2014 (S.I. 2014/2388) is amended as

 

follows.

 

(3)    

In article 2(1) (interpretation), after the definition of “network operator” insert—

 

““onshore wind generating station” means a generating station that—

 

(a)    

generates electricity from wind, and

 

(b)    

is situated in England, Wales or Scotland, but not in waters in or

 

adjacent to England, Wales or Scotland up to the seaward limits

 

of the territorial sea;”.

 

(4)    

In article 3 (closure of renewables obligation on 31st March 2017)—

 

(a)    

in the heading, after “solar pv stations” insert “or onshore wind

 

generating stations”;

 

(b)    

in paragraph (1), after “solar pv station” insert “or an onshore wind

 

generating station”.”

 

Member’s explanatory statement

 

This New Clause prevents renewables obligation certificates from being issued in respect of

 

electricity generated after 31 March 2016 by a generating station that generates electricity from


 
 

Public Bill Committee: 26 January 2016                  

7

 

Energy Bill-[Lords], continued

 
 

wind and is located onshore in England, Wales or Scotland. There are exceptions to this in certain

 

cases: see New Clause NC2.

 


 

Andrea Leadsom

 

NC2

 

To move the following Clause—

 

         

“Onshore wind power: circumstances in which certificates may be issued

 

after 31 March 2016

 

(1)    

Part 1 of the Electricity Act 1989 (electricity supply) is amended as follows.

 

(2)    

After section 32LC (inserted by section [Onshore wind power: closure of

 

renewables obligation on 31 March 2016]) insert—

 

“32LD

Onshore wind generating stations accredited, or additional capacity

 

added, on or before 31 March 2016

 

The circumstances set out in this section are where the electricity is—

 

(a)    

generated by an onshore wind generating station which was

 

accredited on or before 31 March 2016, and

 

(b)    

generated using—

 

(i)    

the original capacity of the station, or

 

(ii)    

additional capacity which in the Authority’s view first

 

formed part of the station on or before 31 March 2016.

 

32LE  

Onshore wind generating stations accredited, or additional capacity

 

added, between 1 April 2016 and 31 March 2017: grid or radar delay

 

condition met

 

The circumstances set out in this section are where the electricity is—

 

(a)    

generated using the original capacity of an onshore wind

 

generating station—

 

(i)    

which was accredited during the period beginning with

 

1 April 2016 and ending with 31 March 2017, and

 

(ii)    

in respect of which the grid or radar delay condition is

 

met, or

 

(b)    

generated using additional capacity of an onshore wind

 

generating station, where—

 

(i)    

the station was accredited on or before 31 March 2016,

 

(ii)    

in the Authority’s view, the additional capacity first

 

formed part of the station during the period beginning

 

with 1 April 2016 and ending with 31 March 2017, and

 

(iii)    

the grid or radar delay condition is met in respect of the

 

additional capacity.

 

32LF  

Onshore wind generating stations accredited, or additional capacity

 

added, on or before 31 March 2017: approved development condition

 

met

 

The circumstances set out in this section are where the electricity is—

 

(a)    

generated using the original capacity of an onshore wind

 

generating station—


 
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Revised 26 January 2016