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Energy BillPage 80

(3C) Subsections (3A) and (3B) apply notwithstanding that the agreement or
amendment fetters the Secretary of State’s discretion.

(3D) In subsection (3A) “section 48 power” means the power of the Secretary
of State under section 48 to propose a modification of the programme
5or a modification of the conditions to which the approval of the
programme is subject.

(3) In subsection (4) for “(3)” substitute “(3B)”.

Part 4 Coal Authority

103 10Additional powers of the Coal Authority: England and Wales

(1) After section 4C of the Coal Industry Act 1994 insert—

4CA Further powers relating to subsidence and water discharge

(1) The Authority may take such action as it considers appropriate (if
any)—

(a) 15with respect to subsidence arising otherwise than in connection
with coal-mining;

(b) for the purpose of preventing, or mitigating the effect of, the
discharge of water other than from a coal mine into or on to any
land or into any controlled waters.

(2) 20The powers conferred on the Authority by subsection (1) do not affect
any other function of the Authority.

(2) In section 4A of that Act (power of the Coal Authority with respect to coal mine
water discharge), in subsection (2), for “and 4C” substitute “, 4C and 4CA”.

104 Additional powers of the Coal Authority: Scotland

(1) 25After section 4F of the Coal Industry Act 1994 insert—

4G Further powers relating to subsidence and water discharge: Scotland

(1) The Authority may take such action as it considers appropriate (if
any)—

(a) with respect to subsidence arising otherwise than in connection
30with coal-mining;

(b) for the purpose of preventing, or mitigating the effect of, the
discharge of water other than from a coal mine into or on to any
land or into the water environment.

(2) The powers conferred on the Authority by subsection (1) do not affect
35any other function of the Authority.

(2) In section 4D of that Act (power of the Coal Authority with respect to coal mine
water discharge in Scotland), in subsection (2), for “and 4F” substitute “, 4F and
4G”.

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Part 5 Miscellaneous and general

Miscellaneous

105 Repeal of measures relating to home energy efficiency

(1) 5Subject to the saving in subsection (2) of this section, the Home Energy
Conservation Act 1995 ceases to have effect in England and Wales and
Scotland.

(2) The definitions in section 1 of that Act continue to have effect for the purposes
of the Sustainable Energy Act 2003.

(3) 10Section 217 of the Housing Act 2004 (energy efficiency of residential
accommodation in England) ceases to have effect.

(4) Schedule 3 contains repeals and revocations consequential on this section.

General

106 Extent

(1) 15Subject to subsections (2) to (5), this Act extends to England and Wales and
Scotland only.

(2) The following provisions extend to England and Wales only—

(a) section 9 (documents containing information about green deal plans:
England and Wales),

(b) 20section 14(3) to (5) (acknowledgment of green deal plan in respect of
property in England or Wales),

(c) section 15(3) (further provision made in regulations for
acknowledgment of such a plan);

(d) sections 38 to 50 (private rented sector: England and Wales),

(e) 25section 72 (access to register of energy performance certificates etc:
England and Wales), and

(f) section 103 (additional powers of the Coal Authority: England and
Wales).

(3) The following provisions extend to Scotland only—

(a) 30section 10 (documents containing information about green deal plans:
Scotland),

(b) section 14(6) to (8) (acknowledgment of green deal plan in respect of
property in Scotland),

(c) section 15(4) (further provision made in regulations for
35acknowledgment of such a plan);

(d) sections 51 to 63 (private rented sector: Scotland),

(e) section 73 (access to register of energy performance certificates etc:
Scotland), and

(f) section 104 (additional powers of the Coal Authority: Scotland).

(4) 40Subject to section 105(1) and subsection (5) below, an amendment or repeal of
an enactment has the same extent as the enactment amended or repealed.

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(5) The amendments made by sections 25 to 28 (green deal: modifying consumer
credit legislation) extend to England and Wales and Scotland only.

107 Commencement

(1) The provisions of this Act come into force on such day as the Secretary of State
5may by order made by statutory instrument appoint, subject to subsections (2)
to (5).

(2) The following provisions come into force on such day as the Scottish Ministers
may by order made by statutory instrument appoint—

(a) section 10 (documents containing information about green deal plans:
10Scotland);

(b) section 14(6) to (8) (acknowledgment of green deal plan in respect of
property in Scotland);

(c) section 15(4) (further provision made in regulations for
acknowledgment of such a plan);

(d) 15sections 51 to 63 (private rented sector: Scotland);

(e) section 73 (access to register of energy performance certificates etc:
Scotland).

(3) The following provisions come into force at the end of the period of two
months beginning with the day on which this Act is passed—

(a) 20sections 64 to 70 (reducing carbon emissions and home-heating costs);

(b) section 71 (smart meters);

(c) section 72 (access to register of energy performance certificates etc:
England and Wales);

(d) sections 74 to 76 (information about tariffs);

(e) 25sections 77 and 78 (security of electricity supply);

(f) sections 90 to 99 (special administration);

(g) section 100 (designations under Continental Shelf Act 1964);

(h) subsection (3) of section 101 (offshore transmission and distribution of
electricity);

(i) 30section 102 (agreement about modifying decommissioning
programme).

(4) The following provisions come into force on the day on which this Act is
passed—

(a) section 79 (modification of the Uniform Network Code);

(b) 35subsections (1) and (2) of section 101 (offshore transmission and
distribution of electricity);

(c) section 106, this section and section 108 (general provisions).

(5) Schedule 1 (reducing carbon emissions and home-heating costs: minor and
consequential amendments) comes into force as follows—

(a) 40paragraphs 1 to 4, 6, 10, 11(1), (2)(a), (3)(a) and (4) and 12 come into
force at the end of the period of two months beginning with the day on
which this Act is passed;

(b) paragraphs 7 and 11(2)(b), (3)(b) and (5) come into force on 1 January
2013;

(c) 45paragraphs 5, 8 and 9 come into force on 6 April 2014.

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(6) An order made by the Secretary of State or the Scottish Ministers under this
section may—

(a) appoint different days for different purposes;

(b) make transitional provision and savings.

108 5Short title

This Act may be cited as the Energy Act 2011.

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SCHEDULES

Section 70

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 and 3.

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 33DA(1)(a) (publication of statistical information about standards
of performance) after sub-paragraph (ii) insert—

(iii) home-heating cost reduction obligations imposed by
order under section 33BD; and.

15Electricity Act 1989

4 The Electricity Act 1989 is amended in accordance with paragraphs 5 to 9.

5 In section 6(9) (definition of “electricity distributor”, “electricity generator”
and “electricity supplier”) omit the definition of “electricity generator”.

6 In section 25 (orders for securing compliance with certain requirements), in
20the 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)”.

7 (1) Section 41A (promotion of reductions in carbon emissions: electricity
generators, electricity distributors and electricity suppliers) is amended as
25follows.

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

(3) In subsection (1)—

(a) omit paragraph (za) (power to impose carbon emission reduction
obligation on electricity generators); 30in the words after paragraph (b) omit “generator,.

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

(5) In subsection (4) omit paragraph (a) (duty to carry out functions under the
section in a way that does not inhibit competition between electricity
generators).

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(6) In subsection (5)—

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

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

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

(7) 5In 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,”.

8 (1) Section 42AA (publication of statistical information about standards of
10performance) 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
15imposed by order under section 41B; and.

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

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

9 In section 64(1) (interpretation etc of Part 1) in the definition of “electricity
distributor”, “electricity generator” and “electricity supplier” omit “,
20“electricity generator””.

Utilities Act 2000

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

11 (1) Section 103 (overall carbon emissions reduction targets) is amended as
follows.

(2) 25In subsection (1)—

(a) in the words before paragraph (a) for “by the Authority of its
functions” substitute “of the functions of the Administrator”;

(b) in paragraph (b) omit “generators,”.

(3) In subsection (2)—

(a) 30in the words before paragraph (a) for “the Authority to apportion the
target” substitute “the target to be apportioned”

(b) in paragraph (b) omit “electricity generators,”.

(4) In subsection (3) for “The Authority” substitute “The Administrator”.

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

12 35In section 105 (general restriction on disclosure of information) in subsection
(3) (circumstances in which the restriction does not apply to a disclosure)
after 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;.

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Section 87

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 80 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 80 and 81 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 82 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 80 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 80 and 81 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

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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 82 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—

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 87(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 80(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

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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 80(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 80(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 105

20SCHEDULE 3 Repeals and revocations consequential on section 105

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.

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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.

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