SCHEDULES

Section 68

SCHEDULE 1 Reducing carbon emissions and home-heating costs: minor and consequential

amendments

5Gas Act 1986

1 The Gas Act 1986 is amended in accordance with paragraphs 2 to 4.

2 In section 28 (orders for securing compliance with certain requirements), in

the definition of “relevant requirement” in subsection (8), after “this Act”

insert “, section 103B of the Utilities Act 2000 (requirement to provide

10information relating to carbon emissions reduction targets etc)”.

3 In section 33BC(4) after “Secretary of State and” insert “(subject to any

directions given under subsection (9B))”.

4 In section 33DA(1)(a) (publication of statistical information about standards

of performance) after sub-paragraph (ii) insert—

“(iii) 15home-heating cost reduction obligations imposed by

order under section 33BD; and”.

Electricity Act 1989

5 The Electricity Act 1989 is amended in accordance with paragraphs 6 to 10.

6 In section 6(9) (definition of “electricity distributor”, “electricity generator”

20and “electricity supplier”) omit the definition of “electricity generator”.

7 In section 25 (orders for securing compliance with certain requirements), in

the definition of “relevant requirement” in subsection (8), after “below”

insert “, section 103B of the Utilities Act 2000 (requirement to provide

information relating to carbon emissions reduction targets etc)”.

8 (1) 25Section 41A (promotion of reductions in carbon emissions: electricity

generators, electricity distributors and electricity suppliers) is amended as

follows.

(2) In the heading omit “electricity generators,”.

(3) In subsection (1)—

(a) 30omit paragraph (za) (power to impose carbon emission reduction

obligation on electricity generators); “in the words after paragraph (b) omit “generator,”.

(4) In subsection (3) omit “electricity generators,”.

(5) In subsection (4)—

(a) after “Secretary of State and” insert “(subject to any directions given

under subsection (9B))”;

(b) omit paragraph (a) (duty to carry out functions under the section in

a way that does not inhibit competition between electricity

5generators).

(6) In subsection (5)—

(a) in paragraph (a) omit “electricity generators,”;

(b) in paragraph (d) omit “generators,”;

(c) in paragraph (f) omit “generators,”.

(7) 10In subsection (6) omit “generator,”.

(8) In subsection (7)(d) omit “electricity generator,”.

(9) In subsection (8)(d) omit “generators,”.

(10) In subsection (11) omit “electricity generators,”.

9 (1) Section 42AA (publication of statistical information about standards of

15performance) is amended as follows.

(2) In paragraph (a) of subsection (1)—

(a) omit “electricity generators,”;

(b) after sub-paragraph (ii) insert—

“(iii) home-heating cost reduction obligations

20imposed by order under section 41B; and”.

(3) In paragraph (b) of subsection (1) omit “generators,”.

(4) In subsection (2) omit “electricity generators,”.

10 In section 64(1) (interpretation etc of Part 1) in the definition of “electricity

distributor”, “electricity generator” and “electricity supplier” omit “,

25“electricity generator””.

Utilities Act 2000

11 The Utilities Act 2000 is amended in accordance with paragraphs 12 and 13.

12 In section 103 of the Utilities Act 2000 (overall carbon emissions reduction

targets)—

(a) 30in subsection (1)(b) omit “generators,”;

(b) in subsection (2)(b) omit “electricity generators,”;

(c) in subsection (4) omit “electricity generators,”.

13 In section 105 (general restriction on disclosure of information) in subsection

(3) (circumstances in which the restriction does not apply to a disclosure)

35after paragraph (a) insert—

“(ab) it is required by a notice under section 103B of this Act or is

permitted by subsection (6) of that section;”.

Section 85

SCHEDULE 2 Upstream petroleum infrastructure: minor and consequential amendments

Pipe-lines Act 1962

1 The Pipe-lines Act 1962 is amended in accordance with paragraphs 2 to 7.

2 5In section 9 (provisions for securing that a pipeline is so constructed as to

reduce necessity for construction of others)—

(a) in subsection (8) for the words from “applications” to the end

substitute “with respect to the proposed pipe-line—

(a) an application of a kind mentioned in subsection

10(1)(a) of section 78 of the Energy Act 2011 (acquisition

of rights to use upstream petroleum infrastructure),

and

(b) if applicable, an application under subsection (3) of

that section.”;

(b) 15after subsection (8) insert—

“(9) For the purposes of an application made with respect to a

proposed pipe-line by virtue of subsection (8)—

(a) sections 78 and 79 of the Energy Act 2011 shall have

effect as if—

(i) 20references to a pipe-line were references to the

proposed pipe-line as it would be once

constructed in accordance with the condition

attached by virtue of subsection (1) of this

section;

(ii) 25references to the owner of a pipe-line were

reference to the proposed owner of the

proposed pipeline;

(b) section 80 of the Energy Act 2011 shall be

disregarded.”

3 30In section 9A (provisions for securing that an additional pipe-line is so

constructed as to reduce necessity for construction of other pipe-lines)—

(a) in subsection (8) for the words from “applications” to the end

substitute “with respect to the proposed pipe-line—

(a) an application of a kind mentioned in subsection

35(1)(a) of section 78 of the Energy Act 2011 (acquisition

of rights to use upstream petroleum infrastructure),

and

(b) if applicable, an application under subsection (3) of

that section.”;

(b) 40after subsection (8) insert—

“(9) For the purposes of an application made with respect to a

proposed pipe-line by virtue of subsection (8)—

(a) sections 78 and 79 of the Energy Act 2011 shall have

effect as if—

(i) 45references to a pipe-line were references to the

proposed pipe-line as it would be once

constructed in accordance with the notice

served under subsection (1) of this section;

(ii) references to the owner of a pipe-line were

reference to the proposed owner of the

5proposed pipeline;

(b) section 80 of the Energy Act 2011 shall be

disregarded.”

4 In section 10A(2) for “, 10(4) or 10E(9)” substitute “or 10(4)”.

5 Sections 10E to 10H (provisions for securing that upstream petroleum pipe-

10lines are so used as to reduce necessity for construction of other etc) are

repealed.

6 In section 65(2) (meaning of “pipeline”) omit paragraph (g) and the “and”

immediately before that paragraph.

7 In section 66(1) (general interpretation provisions)—

(a) 15in paragraph (c) of the definition of “owner” for the words from

“sections 10C” to “section 10E(2))” substitute “section 10C”;

(b) for the definition of “upstream petroleum pipe-line” substitute—

• ““upstream petroleum pipe-line” has the meaning given by
  
  section 86(1) of the Energy Act 2011”.

20Gas Act 1995

8 The Gas Act 1995 is amended in accordance with paragraphs 9 and 10.

9 Section 12 (acquisition of rights to use gas processing facilities) is repealed.

10 In section 18 (short title, commencement and extent)—

(a) in subsection (2)(b) omit “, 12”;

(b) 25omit subsection (4).

Petroleum Act 1998

11 The Petroleum Act 1998 is amended in accordance with paragraphs 12 to 18.

12 In section 15 (authorisations for construction and use of controlled pipelines)

in subsection (6) after “or 17G(6)” insert “of this Act or section 85(4) and (5)

30of the Energy Act 2011”.

13 In section 16 (compulsory modifications of controlled pipelines) before

subsection (1) insert—

“(A1) This section applies to controlled pipelines, other than pipelines that

are relevant upstream petroleum pipelines for the purposes of

35section 78(1) of the Energy Act 2011.”

14 In section 17 (acquisition of rights to use controlled pipelines) for subsection

(1A) substitute—

“(1A) This section does not apply to—

(a) controlled petroleum pipelines;

(b) 40pipelines in, under or over the territorial sea adjacent to Great

Britain which are used to convey gas directly from a terminal

to a pipeline system operated by a gas transporter or to any

premises;

(c) gas interconnectors (within the meaning of Part 1 of the Gas

Act 1986).”

15 5In section 17F (acquisition of rights to use controlled petroleum pipelines) in

subsection (1) for the words from “, other” to the end substitute “in, under or

over the territorial sea adjacent to Northern Ireland”.

16 In section 17G (section 17F: supplemental) in subsection (1) for “controlled

waters” substitute “the territorial sea adjacent to Northern Ireland”.

17 10In section 18 (termination of authorisations for construction and use of

controlled pipelines) in subsection (6)(b) after “or 17F(9)” insert “of this Act

or section 78(10) of the Energy Act 2011”.

18 In section 19 (vesting of controlled pipelines on termination or subsequent

issue of authorisations) in subsection (1)(b) after “or section 17F(9)” insert “of

15this Act or section 78(10) of the Energy Act 2011”.

Energy Act 2008

19 The Energy Act 2008 is amended in accordance with paragraphs 20 and 21.

20 Sections 80 to 82 (third party access to oil processing facilities) are repealed.

21 In section 112 (extent) omit paragraph (c) of subsection (2).

Section 102

20SCHEDULE 3 Repeals and revocations consequential on section 102

Sustainable Energy Act 2003

1 The Sustainable Energy Act 2003 is amended as follows.

2 In section 1 (annual reports on the progress towards sustainable energy

25aims)—

(a) subsection (1)(e) and the “and” immediately preceding it cease to

have effect, and

(b) subsection (1AA) ceases to have effect.

3 In section 4 (energy efficiency of residential accommodation: energy

30conservation authorities) subsections (5)(b), (12)(b) and (13)(b) cease to have

effect.

National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672S.I. 1999/672)

4 In Schedule 1 to the National Assembly for Wales (Transfer of Functions)

Order 1999 (enactments conferring functions transferred by Article 2) the

35entry relating to the Home Energy Conservation Act 1995 ceases to have

effect.

Local Authorities’ Plans and Strategies (Disapplication) (England) Order 2005 (S.I. 2005/

157)

5 Article 4 of the Local Authorities’ Plans and Strategies (Disapplication)

(England) Order 2005 (disapplication of duty to submit home energy

5conservation reports) ceases to have effect.

Local Government (Structural Changes) (Further Transitional Arrangements and Staffing)

Regulations 2009 (S.I. 2009/486S.I. 2009/486)

6 The Local Government (Structural Changes) (Further Transitional

Arrangements and Staffing) Regulations 2009 are amended as follows.

7 10Regulation 3(4) (treatment of home energy conservation reports) ceases to

have effect.

8 In regulation 4 (preparation of reports and plans: end of exemption)—

(a) paragraph (1)(a) ceases to have effect;

(b) in paragraph (2), the words “a home energy conservation report or”

15and the words “the report or” cease to have effect.