Session 2010 - 12
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captured carbon dioxide is first present at another

 

installation used as mentioned in paragraph (a) as part of

 

the same project.

 

(6)    

Where an eligible CCS installation qualifies for change of use

 

relief—

 

(a)    

an abandonment programme notice must not be served on

 

a person who is within section 30(1) of the 1998 Act only

 

because one or more of subsections (7) to (9) applies in

 

relation to the person (but this does not affect the validity of

 

a notice served on any such person before the installation

 

qualified for change of use relief), and

 

(b)    

a proposal must not be made under section 34(1)(b) of the

 

1998 Act if the effect of the proposal (if implemented) would

 

be to impose an abandonment liability on a person who is

 

within section 34(2)(a) of the 1998 Act only because one or

 

more of subsections (7) to (10) applies in relation to the

 

person.

 

(7)    

This subsection applies in relation to a person if—

 

(a)    

the person is within paragraph (b) of section 30(1) of the

 

1998 Act in relation to the installation only by virtue of the

 

fact that the person had a right mentioned in section 30(5)(a)

 

of that Act when an activity mentioned in section 30(6) of

 

that Act was last carried on from, by means of or on the

 

installation, and

 

(b)    

any such activity was last so carried on before the trigger

 

event occurred in relation to the installation.

 

(8)    

This subsection applies in relation to a person if—

 

(a)    

the person is within paragraph (ba) of section 30(1) of the

 

1998 Act in relation to the installation, and

 

(b)    

the transfer mentioned in sub-paragraph (i) of that

 

paragraph took place before the trigger event occurred in

 

relation to the installation.

 

(9)    

This subsection applies in relation to a person if the person is within

 

paragraph (e) of section 30(1) of the 1998 Act only by virtue of being

 

associated with a body corporate which is within subsection (7) or

 

(8).

 

(10)    

This subsection applies in relation to a person if the person has been

 

within any of paragraphs (a), (b), (c), (d) or (e) of section 30(1) of the

 

1998 Act in relation to the installation, but only at a time—

 

(a)    

when the installation was an offshore installation (within

 

the meaning given by section 44 of the 1998 Act), and

 

(b)    

before the trigger event occurred in relation to the

 

installation.

 

(11)    

The power conferred by subsection (1) does not include a power to

 

revoke an order made under that subsection.

 

(12)    

In this section—

 
 

 
 

20

 
 

“abandonment liability”, in relation to an installation, means a

 

duty to secure that an abandonment programme for the

 

installation is carried out;

 

“abandonment programme”, in relation to an installation,

 

means a programme in respect of the installation approved,

 

or having effect as if approved, by the Secretary of State

 

under section 32 of the 1998 Act;

 

“abandonment programme notice” means a notice served

 

under section 29(1) of the 1998 Act;

 

“captured carbon dioxide” means carbon dioxide that has been

 

produced by, or in connection with, commercial electricity

 

generation and captured with a view to its disposal by way

 

of permanent storage;

 

“carbon dioxide”, “CCS demonstration project” and

 

“commercial electricity generation” have the same

 

meanings as in Part 1 of the Energy Act 2010 (see section 7

 

of that Act);

 

“carbon storage facility” has the same meaning as in section 20;

 

“Scotland” has the same meaning as in the Scotland Act 1998

 

(see section 126(1) of that Act).

 

(13)    

Section 30(8) to (9) of the 1998 Act (when one body corporate is

 

associated with another) apply for the purposes of this section.

 

30B    

Submarine pipelines converted for CCS demonstration projects

 

(1)    

The Secretary of State may by order designate a submarine pipeline

 

as an eligible CCS pipeline.

 

(2)    

An eligible CCS pipeline qualifies for change of use relief if—

 

(a)    

the pipeline is or has been used as part of a CCS

 

demonstration project for a purpose other than the

 

transport of petroleum, and

 

(b)    

the trigger event has occurred in relation to the pipeline at a

 

time when the pipeline was so used (whether before or after

 

it was designated under this section).

 

(3)    

The trigger event—

 

(a)    

in relation to a pipeline used to transport captured carbon

 

dioxide as part of a CCS demonstration project, occurs when

 

captured carbon dioxide is first present in the pipeline, and

 

(b)    

in relation to a pipeline used as part of a CCS demonstration

 

project for any other purpose, occurs—

 

(i)    

when captured carbon dioxide is first present in

 

another pipeline used as part of the same project, or

 

(ii)    

if earlier, when captured carbon dioxide is first

 

present at an installation used as part of the same

 

project for the injection of captured carbon dioxide

 

into a carbon storage facility.

 

(4)    

Where an eligible CCS pipeline qualifies for change of use relief, a

 

proposal must not be made under section 34(1)(b) of the 1998 Act if

 

the effect of the proposal (if implemented) would be to impose an

 

abandonment liability on a person who is within section 34(2)(b) of

 
 

 
 

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the 1998 Act only because subsection (5) applies in relation to the

 

person.

 

(5)    

This subsection applies in relation to a person if the person has been

 

within any of paragraphs (a) to (c) of section 30(2) of the 1998 Act in

 

relation to the pipeline, but only at a time—

 

(a)    

when the pipeline was used solely for activities other than

 

activities connected with any mentioned in section 17(2)(a),

 

(b) or (c), and

 

(b)    

before the trigger event occurred in relation to the pipeline.

 

(6)    

The power conferred by subsection (1) does not include a power to

 

revoke an order made under that subsection.

 

(7)    

In this section—

 

“abandonment liability”, in relation to a submarine pipeline, is

 

a duty to secure that an abandonment programme for the

 

pipeline is carried out;

 

“abandonment programme”, in relation to a submarine

 

pipeline, means a programme in respect of the pipeline

 

approved, or having effect as if approved, by the Secretary

 

of State under section 32 of the 1998 Act;

 

“captured carbon dioxide” and “CCS demonstration project”

 

have the same meanings as in section 30A;

 

“carbon storage facility” has the same meaning as in section 20;

 

“petroleum” has the same meaning as in Part 1 of the 1998 Act

 

(see section 1 of that Act) and includes petroleum that has

 

undergone any processing;

 

“submarine pipeline” has the same meaning as in Part 4 of the

 

Petroleum Act 1998 (see section 45 of that Act).”

 

(3)    

In the cross heading before section 30, for “installations” substitute

 

“infrastructure”.

 

(4)    

In section 30 (abandonment of installations)—

 

(a)    

in subsection (1) (application of Part 4 of Petroleum Act 1998 in

 

relation to abandonment of carbon storage installations)—

 

(i)    

for ““the 1998 Act”” substitute “referred to in this section

 

and sections 30A and 30B as “the 1998 Act””, and

 

(ii)    

at the end insert “and section 30A”,

 

(b)    

after subsection (4) (power to make regulations modifying Part 4 of

 

the 1998 Act in its application to carbon storage installations)

 

insert—

 

“(4A)    

The power in subsection (4) is subject to section 30A.”, and

 

(c)    

in subsection (5) (meaning of “carbon storage installation”) after

 

“this section” insert “and section 30A”.

 

(5)    

In section 105(2) (parliamentary control of subordinate legislation), after

 

paragraph (a) insert—

 

“(aa)    

an order which contains provision made under section 30A

 

or 30B only (powers to designate installations and

 

submarine pipelines as eligible CCS installations and

 

eligible CCS pipelines);”.”

 
 

 
 

22

95

Insert the following new Clause—

 

“Carbon dioxide pipelines: powers of compulsory acquisition

 

(1)    

The Pipe-lines Act 1962 is amended as follows.

 

(2)    

In section 12 (orders for compulsory acquisition of rights over land for

 

pipe-line construction)—

 

(a)    

in subsection (1), for “the next following section” substitute “section

 

13”;

 

(b)    

in subsections (2), (4), (5)(a) and (b), (5A) (in both places), (6) and (7),

 

after “a compulsory rights order” insert “under this section”;

 

(c)    

in subsection (3), after “compulsory rights orders” insert “under

 

this section”.

 

(3)    

After section 12 insert—

 

“Pipe-lines for Conveying Carbon Dioxide: Compulsory Acquisition of Rights

 

over Land

 

12A    

Orders for compulsory acquisition of rights over land: pipe-lines

 

for conveying carbon dioxide

 

(1)    

This section applies in relation to a pipe-line (or a length of a pipe-

 

line) that is intended to be converted into a pipe-line (or length)

 

used for conveying carbon dioxide.

 

(2)    

The owner of the pipe-line may apply to the Secretary of State for

 

an order under subsection (3) in relation to land in which the pipe-

 

line (or a length of the pipe-line) is situated.

 

(3)    

An order under this subsection is an order authorising the owner of

 

the pipe-line to do one or more of the following—

 

(a)    

to use the pipe-line (or length of the pipe-line) in the land

 

described in the order to convey carbon dioxide;

 

(b)    

to execute pipe-line works in the land which are necessary

 

in consequence of the presence of the pipe-line (or length) in

 

the land;

 

(c)    

to execute pipe-line works in the land to enable the pipe-line

 

(or length) to be used to convey carbon dioxide or in

 

consequence of its use to convey carbon dioxide;

 

(d)    

to exercise, in relation to the pipe-line (or length), such of the

 

rights mentioned in Schedule 4 as may be specified in the

 

order.

 

    

An order under this subsection is referred to in this Act as a

 

“compulsory rights order”.

 

(4)    

A compulsory rights order under this section may be made subject

 

to conditions (see section 13).

 

(5)    

On receiving an application under subsection (2), the Secretary of

 

State may grant or refuse the application.

 
 

 
 

23

 
 

(6)    

Part 1 of Schedule 2, as modified by Part 2 of that Schedule, has

 

effect in relation to applications for compulsory rights orders under

 

this section.

 

(7)    

A compulsory rights order under this section enures for the benefit

 

of the owner for the time being of the pipe-line.

 

(8)    

The Secretary of State may by order revoke a compulsory rights

 

order under this section, in whole or in part, if—

 

(a)    

the pipe-line (or length of the pipe-line) is diverted from the

 

land described in the order,

 

(b)    

the pipe-line (or length) is abandoned,

 

(c)    

the pipe-line (or length) ceases to be used to convey carbon

 

dioxide, or

 

(d)    

the owner of the pipe-line makes an application for the

 

revocation of the order.

 

(9)    

A compulsory rights order under this section does not affect any

 

right over the land described in the order that would not have been

 

affected had the land been compulsorily purchased by virtue of a

 

compulsory purchase order.

 

(10)    

A compulsory rights order under this section does not authorise the

 

disregard of any enactment or of any instrument having effect by

 

virtue of any enactment.

 

(11)    

A compulsory rights order under this section is not to be taken to

 

confer a right of support for the pipeline (or length of pipeline).

 

(12)    

A compulsory rights order under this section is to be subject to

 

special parliamentary procedure.

 

(13)    

For the purposes of this section, “carbon dioxide” includes any

 

substance consisting primarily of carbon dioxide.

 

Compulsory Rights Orders under Sections 12 and 12A: Supplementary

 

Provisions”.

 

(4)    

In section 66 (general interpretation provisions), in subsection (1), in the

 

definition of “compulsory rights order”, for “subsection (1) of section

 

twelve” substitute “sections 12(1) and 12A(3)”.

 

(5)    

In Schedule 2—

 

(a)    

in the shoulder reference, after “12,” insert “12A,”;

 

(b)    

in paragraph 10(1), for “subsection (3) of section twelve of this Act”

 

substitute “sections 12(3) and 12A(4)”.

 

(6)    

In Schedule 4, in the shoulder reference, for “Section 12” substitute

 

“Sections 12 and 12A”.”

96

Insert the following new Clause—

 

“Contribution to carbon budgeting under the Climate Change Act 2008

 

(1)    

The Secretary of State must prepare and publish an annual report on the

 

extent to which—

 
 

 
 

24

 
 

(a)    

green deal plans under Chapter 1 of Part 1, and

 

(b)    

the energy company obligations provisions,

 

    

have contributed to the Secretary of State fulfilling the duty under section

 

4(1)(b) of the Climate Change Act 2008 (carbon budgeting).

 

(2)    

The “energy company obligations provisions” means—

 

(a)    

sections 33BC and 33BD of the Gas Act 1986 and sections 41A and

 

41B of the Electricity Act 1989 (promotion of reductions in carbon

 

emissions and home-heating costs),

 

(b)    

sections 103 and 103A of the Utilities Act 2000 (overall carbon

 

emissions and home-heating cost reduction targets), and

 

(c)    

section 103B of the Utilities Act 2000 (Secretary of State’s power to

 

require information about carbon emissions and home-heating cost

 

reduction targets).

 

(3)    

The first report under this section must be published before the end of 2014.

 

(4)    

The Secretary of State must lay before Parliament a copy of each report

 

under this section.”

 

BARONESS SMITH OF BASILDON

 

[As an amendment to Commons Amendment 96]

96AParliamentary Star

Line 8, at end insert—

 

“( )    

The report required under subsection (1) must also include the number of

 

homes that have had energy efficiency measures installed through the

 

Green Deal scheme—

 

(a)    

for that year; and

 

(b)    

for any previous years that the scheme has been in operation.”

97

Insert the following new Clause—

 

“Energy efficiency aim

 

(1)    

The Secretary of State must take such action as he considers appropriate to

 

improve the energy efficiency of residential accommodation in England so

 

as to contribute to the Secretary of State fulfilling the duty under section

 

1(1) of the Climate Change Act 2008 (reduction of net UK carbon account

 

by 2050).

 

(2)    

In subsection (1) “residential accommodation” has the meaning given by

 

section 1 of the Home Energy Conservation Act 1995.

 

(3)    

Section 2 of the Sustainable Energy Act 2003 (energy efficiency of

 

residential accommodation) ceases to have effect.

 

(4)    

In section 9 of the Sustainable Energy Act 2003 (citation, extent and

 

commencement), in subsections (3) and (5) leave out “2,”.”

98

Insert the following new Clause—

 
 

 
 

25

 
 

“Adjustment of electricity transmission charges

 

In section 185(11) of the Energy Act 2004 (areas suitable for renewable

 

electricity generation: end date for schemes adjusting transmission

 

charges) for “2024” substitute “2034”.”

99

Insert the following new Clause—

 

“Electricity from renewable sources: National Park authorities and Broads

 

Authority

 

(1)    

This section applies to a body which is a National Park authority or the

 

Broads Authority.

 

(2)    

The body may—

 

(a)    

produce electricity from a renewable source;

 

(b)    

establish and operate generating stations and other installations for

 

the purpose of producing electricity from a renewable source;

 

(c)    

make grants or loans to enable other persons to do anything which

 

the body may do by virtue of paragraph (a) or (b);

 

(d)    

use, sell or otherwise dispose of electricity produced by virtue of

 

the powers conferred by this section.

 

(3)    

A “renewable source” is—

 

(a)    

in England and Wales, a source listed in regulation 2 of the Sale of

 

Electricity by Local Authorities (England and Wales) Regulations

 

2010 (S.I. 2010/1910);

 

(b)    

in Scotland, a source listed in regulation 2 of the Sale of Electricity

 

by Local Authorities (Scotland) Regulations 2010 (S.I. 2010/1908).

 

(4)    

Any regulations which—

 

(a)    

are made in exercise of the power conferred by section 11(3) of the

 

Local Government (Miscellaneous Provisions) Act 1976 (power to

 

prescribe the circumstances in which local authorities may sell

 

electricity), and

 

(b)    

amend, revoke or re-enact regulation 2 of the Sale of Electricity by

 

Local Authorities (England and Wales) Regulations 2010,

 

    

may amend subsection (3)(a) for the purpose of providing what is a

 

“renewable source” in England and Wales.

 

(5)    

Any regulations which—

 

(a)    

are made in exercise of the power conferred by section 170A(3) of

 

the Local Government (Scotland) Act 1973 (power to prescribe the

 

circumstances in which local authorities may sell electricity), and

 

(b)    

amend, revoke or re-enact regulation 2 of the Sale of Electricity by

 

Local Authorities (Scotland) Regulations 2010,

 

    

may amend subsection (3)(b) for the purpose of providing what is a

 

“renewable source” in Scotland.

 

(6)    

Nothing in this section—

 

(a)    

exempts a body from the requirements of Part 1 of the Electricity

 

Act 1989, or

 

(b)    

affects what a body has power to do apart from this section.”

 
 

 
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