Session 2015-16
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1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Friday 29 January 2016

 

New Amendments handed in are marked thus Parliamentary Star

 

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

 

Public Bill Committee


 

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withdrawn amendments at the end.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 Order of the Committee [26 January 2016, as amended on 28

 

January 2016].

 

 


 

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.

 

(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. 

 



 
 

Notices of Amendments: 29 January 2016                  

2

 

Energy Bill-[Lords], continued

 
 

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.

 


 

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.


 
 

Notices of Amendments: 29 January 2016                  

3

 

Energy Bill-[Lords], continued

 
 

(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

 

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

5

renewables obligation on 31 March 2016]) insert—

 

“32LD

Onshore wind generating stations accredited, or additional capacity

 

added, on or before 31 March 2016


 
 

Notices of Amendments: 29 January 2016                  

4

 

Energy Bill-[Lords], continued

 
 

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

 

(a)    

generated by an onshore wind generating station which was

10

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.

15

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

20

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

25

(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

30

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

35

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 on or before 31 March 2017, and

40

(ii)    

in respect of which the approved development 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,

45

(ii)    

in the Authority’s view, the additional capacity first

 

formed part of the station on or before 31 March 2017,

 

and

 

(iii)    

the approved development condition is met in respect of

 

the additional capacity.

50

32LG  

Onshore wind generating stations accredited, or additional capacity

 

added, between 1 April 2017 and 31 March 2018: grid or radar delay

 

condition met


 
 

Notices of Amendments: 29 January 2016                  

5

 

Energy Bill-[Lords], continued

 
 

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

 

(a)    

generated using the original capacity of an onshore wind

55

generating station—

 

(i)    

which was accredited during the period beginning with

 

1 April 2017 and ending with 31 March 2018,

 

(ii)    

in respect of which the approved development condition

 

is met, and

60

(iii)    

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,

65

(ii)    

in the Authority’s view, the additional capacity first

 

formed part of the station during the period beginning

 

with 1 April 2017 and ending with 31 March 2018,

 

(iii)    

the approved development condition is met in respect of

 

the additional capacity, and

70

(iv)    

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

 

additional capacity.

 

32LH  

Onshore wind generating stations accredited, or additional capacity

 

added, between 1 April 2017 and 31 December 2017: investment

 

freezing condition met

75

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 2017 and ending with 31 December 2017, and

80

(ii)    

in respect of which both the approved development

 

condition and the investment freezing condition are met,

 

or

 

(b)    

generated using additional capacity of an onshore wind

 

generating station, where—

85

(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 2017 and ending with 31 December 2017,

 

and

90

(iii)    

both the approved development condition and the

 

investment freezing condition are met in respect of the

 

additional capacity.

 

32LI  

Onshore wind generating stations accredited, or additional capacity

 

added, between 1 January 2018 and 31 December 2018: grid or radar

95

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

100

1 January 2018 and ending with 31 December 2018,


 
 

Notices of Amendments: 29 January 2016                  

6

 

Energy Bill-[Lords], continued

 
 

(ii)    

in respect of which both the approved development

 

condition and the investment freezing condition are met,

 

and

 

(iii)    

in respect of which the grid or radar delay condition is

105

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

110

formed part of the station during the period beginning

 

with 1 January 2018 and ending with 31 December

 

2018,

 

(iii)    

both the approved development condition and the

 

investment freezing condition are met in respect of the

115

additional capacity, and

 

(iv)    

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

 

additional capacity.

 

32LJ  

The approved development condition

 

(1)    

This section applies for the purposes of sections 32LF to 32LI.

120

(2)    

The approved development condition is met in respect of an onshore

 

wind generating station if the documents specified in subsections (4), (5)

 

and (6) were provided to the Authority with the application for

 

accreditation of the station.

 

(3)    

The approved development condition is met in respect of additional

125

capacity if the documents specified in subsections (4), (5) and (6) were

 

provided to the Authority on or before the date on which the Authority

 

made its decision that the additional capacity could form part of an

 

onshore wind generating station.

 

(4)    

The documents specified in this subsection are—

130

(a)    

evidence that—

 

(i)    

planning permission for the station or additional

 

capacity was granted on or before 18 June 2015, and

 

(ii)    

any conditions as to the time period within which the

 

development to which the permission relates must be

135

begun have not been breached,

 

(b)    

evidence that—

 

(i)    

planning permission for the station or additional

 

capacity was refused on or before 18 June 2015, but

 

granted after that date following an appeal or judicial

140

review, and

 

(ii)    

any conditions as to the time period within which the

 

development to which the permission relates must be

 

begun have not been breached,

 

(c)    

evidence that—

145

(i)    

an application for 1990 Act permission or 1997 Act

 

permission was made on or before 18 June 2015 for the

 

station or additional capacity,

 

(ii)    

the period allowed under section 78(2) of the 1990 Act

 

or (as the case may be) section 47(2) of the 1997 Act

150

ended on or before 18 June 2015 without any of the


 
 

Notices of Amendments: 29 January 2016                  

7

 

Energy Bill-[Lords], continued

 
 

things mentioned in section 78(2)(a) to (b) of the 1990

 

Act or section 47(2)(a) to (c) of the 1997 Act being done

 

in respect of the application,

 

(iii)    

the application was not referred to the Secretary of State,

155

Welsh Ministers or Scottish Ministers in accordance

 

with directions given under section 77 of the 1990 Act or

 

section 46 of the 1997 Act,

 

(iv)    

1990 Act permission or 1997 Act permission was

 

granted after 18 June 2015 following an appeal, and

160

(v)    

any conditions as to the time period within which the

 

development to which the permission relates must be

 

begun have not been breached, or

 

(d)    

a declaration by the operator of the station that, to the best of the

 

operator’s knowledge and belief, planning permission is not

165

required for the station or additional capacity.

 

(5)    

The documents specified in this subsection are—

 

(a)    

a copy of an offer from a licensed network operator made on or

 

before 18 June 2015 to carry out grid works in relation to the

 

station or additional capacity, and evidence that the offer was

170

accepted on or before that date (whether or not the acceptance

 

was subject to any conditions or other terms), or

 

(b)    

a declaration by the operator of the station that, to the best of the

 

operator’s knowledge and belief, no grid works were required to

 

be carried out by a licensed network operator in order to enable

175

the station to be commissioned or the additional capacity to form

 

part of the station.

 

(6)    

The documents specified in this subsection are a declaration by the

 

operator of the station that, to the best of the operator’s knowledge and

 

belief, as at 18 June 2015 a relevant developer of the station or additional

180

capacity (or a person connected, within the meaning of section 1122 of

 

the Corporation Tax Act 2010, with a relevant developer of the station or

 

additional capacity)—

 

(a)    

was an owner or lessee of the land on which the station or

 

additional capacity is situated,

185

(b)    

had entered into an agreement to purchase or lease the land on

 

which the station or additional capacity is situated,

 

(c)    

had an option to purchase or to lease the land on which the station

 

or additional capacity is situated, or

 

(d)    

was a party to an exclusivity agreement in relation to the land on

190

which the station or additional capacity is situated.

 

(7)    

In this section—

 

“the 1990 Act” means the Town and Country Planning Act 1990;

 

“1990 Act permission” means planning permission under the 1990 Act

 

(except outline planning permission, within the meaning of section 92 of

195

that Act);

 

“the 1997 Act” means the Town and Country Planning (Scotland) Act 1997;

 

“1997 Act permission” means planning permission under the 1997 Act

 

(except planning permission in principle, within the meaning of section

 

59 of that Act);

200

“exclusivity agreement”, in relation to land, means an agreement by the

 

owner or a lessee of the land not to permit any person (other than the


 
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Revised 29 January 2016