Energy Bill [HL]

Revised
Third
Marshalled
List of Amendments
to be moved
in committee

The amendments have been marshalled in accordance with the Instruction of 22nd July 2015, as follows—

Clauses 59 to 63 Title

[Amendments marked * are new or have been altered]

Clause 59

LORD WHITTY

LORD TEVERSON

 


The above-named Lords give notice of their intention to oppose the Question that Clause 59
stand part of the Bill.

Clause 60

BARONESS WORTHINGTON

LORD GRANTCHESTER

34AA*

Page 31, line 36, at end insert—

“( )     In section 32LA (1) after “order” insert “subject to subsection (2A)”.

( )     After section 32LA (2) insert—

“(2A)    The power to make a renewables obligation closure order applying
to Scotland may only be exercised by Scottish Ministers.””

34B

Page 31, line 39, at beginning insert “Subject to subsection (1A),”

34C

Page 31, line 42, at end insert—

“(1A)    Subsection (1) does not apply to electricity generated by an onshore wind
generating station—

(a)   which was not accredited on or before 31 March 2016, and

(b)   which is accredited before 31 March 2017, and

(c)   for which an application for planning permission was made before
18 June 2015.

(1B)    In this section, “planning permission” means—

(a)   consent under section 36 of the Electricity Act 1989 (consent
required for construction etc. of generating stations);

(b)   planning permission under the Town and Country Planning Act
1990;

(c)   planning permission under the Town and Country Planning
(Scotland) Act 1997;

(d)   development consent under the Planning Act 2008.”

34D*

Page 32, line 42, at end insert—

“( )     After article 4 (circumstances relating to generating stations accredited
before 31st March 2017) insert—

“4A Circumstances relating to onshore wind generating stations for
which a planning application was made before 18 June 2015

(1)     The circumstances set out in this article are where the electricity is—

(a)   generated by an onshore wind generating station which was
not accredited on or before 31 March 2016,

(b)   generated by an onshore wind generating station which is
accredited before 31 March 2017, and

(c)   generated by an onshore wind generating station for which
an application for planning permission was made before 18
June 2015.

(2)     In this article, “planning permission” means—

(a)   consent under section 36 of the Electricity Act 1989 (consent
required for construction etc. of generating stations);

(b)   planning permission under the Town and Country
Planning Act 1990;

(c)   planning permission under the Town and Country
Planning (Scotland) Act 1997;

(d)   development consent under the Planning Act 2008.””

LORD WALLACE OF TANKERNESS

BARONESS MADDOCK

LORD WHITTY

 

The above-named Lords give notice of their intention to oppose the Question that Clause 60
stand part of the Bill
.

After Clause 60

LORD WHITTY

LORD GRANTCHESTER

35

Insert the following new Clause—

“Renewable and other technologies

Within six months of the passing of this Act, the Secretary of State shall
publish an assessment of the progress towards decarbonisation of energy
supply, including a strategy for the development of renewables and a
strategy for energy efficiency within the supply system.”

LORD FOULKES OF CUMNOCK

LORD WHITTY

LORD TEVERSON

35A

Insert the following new Clause—

“Decarbonisation obligation

(1)     Within six months of the closure of the renewables obligation on 31 March
2016 for onshore wind generating stations, the Secretary of State must bring
forward regulations for a decarbonisation obligation.

(2)     A “decarbonisation obligation” means the level of carbon intensity of
electricity generation in the United Kingdom that a relevant supplier may
not exceed in respect of the total kilowatt hours of electricity that it supplies
to customers in England and Wales during a given year.

(3)     In setting a decarbonisation obligation, the Secretary of State must first
obtain and take account of advice from the Committee on Climate Change.

(4)     In this section, “relevant supplier” means electricity suppliers supplying
electricity in England and Wales.”

BARONESS WORTHINGTON

LORD GRANTCHESTER

35B

Insert the following new Clause—

“Statement on costs of non-compliance with EU renewable target

Within six months of the passing of this Act, the Secretary of State shall
report to Parliament on the estimated cost to the taxpayer should the
United Kingdom not comply with the 2020 EU renewable target.”

35C

Insert the following new Clause—

“Contracts for Difference

After section 13(3) of the Energy Act 2013 insert—

“(3A)    An allocation round must be held no less than annually in each year
in which the UK is not on target to meet the 2020 EU renewable
energy target.””

35D

Insert the following new Clause—

“Onshore wind power closure of renewables obligation: variation of planning
permissions

(1)     The Electricity Act 1989 is amended as follows.

(2)     After new section 32LC insert—

“32LD           Grace period

(1)     The Secretary of State shall set out in regulations a grace period to
apply to the closure of the renewables obligation as provided for in
section 32LC.

(2)     Such regulations shall specify the circumstances in which a grace
period shall apply, including conditions of eligibility.

32LE          Onshore wind power: variation of planning permissions

(1)     Sections 32LE to 32LH apply where a planning permission (“an
original planning permission”) has been granted before the relevant
date.

(2)     Where an original planning permission is varied, section 32LC shall
not apply to the development to which an original planning
permission as varied relates.

(3)     A planning permission varies an original planning permission for
the purposes of this section in those cases where the subsequent
permission is granted under section 73 of the Town and Country
Planning Act 1990 or section 42 of the Town and Country Planning
(Scotland) Act 1997.

(4)     The relevant date is 18 June 2015.

32LF          Definition of planning permission

A planning permission means—

(a)   planning permission issued under Part III of the Town and
Country Planning Act 1990;

(b)   planning permission issued under Part III of the Town and
Country Planning (Scotland) Act 1997; or

(c)   deemed planning permission issued by a direction made
under section 90(2) of the Town and Country Planning Act
1990 or section 57(2) of the Town and Country Planning
(Scotland) Act 1997.

32LG          Further provisions relating to planning permission

(1)     For the purposes of section 32LC, planning permission shall be
deemed to have been granted prior to the relevant date in
circumstances where—

(a)   a local planning authority resolved to grant planning
permission before the relevant date and planning
permission was subsequently granted by that local
planning authority; or

(b)   a local planning authority resolved to grant planning
permission after the relevant date and before 4 September
2015, and planning permission was subsequently granted
by that local planning authority; or

(c)   a local planning authority considered a proposed
development in committee on or before the relevant date,
and resolved to grant planning permission after the relevant
date and before 4 September 2015, and planning permission
was subsequently granted by that local planning authority;
or

(d)   a planning permission was issued after the relevant date in
circumstances where the Secretary of State, the Welsh
Ministers or the Scottish Ministers—

(i)   have exercised his or their powers under section 77
of the Town and Country Planning Act 1990 or
section 46 of the Town and Country Planning
(Scotland) Act 1997; or

(ii)   have recovered for his or their own decision an
appeal made under section 78 of the 1990 Act or
section 47 of the 1997 Act; or

(iii)   have determined that a public inquiry should be
held under paragraph 2(2) or paragraph 3(2) of
Schedule 8 to the Electricity Act 1989; or

(e)   a person appointed by the Secretary of State, the Welsh
Ministers or the Scottish Ministers to report on the
application or appeal submitted his report before the
relevant date but no decision has yet been issued; or

(f)   a planning permission was issued after the relevant date in
circumstances where a person appointed to determine an
appeal against the refusal of planning permission by a local
planning authority or an appeal against the failure of the
local planning authority to determine a planning
application has—

(i)   concluded an inquiry or hearing in respect of the
appeal; or

(ii)   concluded a process of written representations in
respect of an appeal;

but where that appointed person had not issued a decision by the relevant date.

32LH          Grace period conditions

(1)     For an onshore wind generation station which qualifies for a grace
period and which satisfies the condition specified in subsection (2),
the grace period shall be extended by a period equal to that between
the relevant date and the date appointed for commencement of
section 60 of the Energy Act 2015.

(2)     The condition referred to in subsection (1) is that the Secretary of
State shall have approved an application made under subsection
(3).

(3)     An application may be made to the Secretary of State seeking his
confirmation that the onshore wind generating station—

(a)   qualifies under the grace period conditions; and

(b)   would have been capable of generating electricity to the
grid by 31 March 2017 but for an inability to secure a credit
commitment from an approved lending source, pending the
date appointed for commencement of section 60 of the
Energy Act 2015; and

(c)   that the onshore wind generating station was not precluded
from generating electricity to the grid by 31 March 2017 for
any other reason.

(4)     The Secretary of State may approve or refuse an application made
in writing under subsection (3) and in doing so shall give written
reasons for his decision.

(5)     For the purposes of this section, an approved lending source means
a lending source approved by the Financial Conduct Authority
under section 55(E) of the Financial Services and Markets Act 2000
(as inserted by section 11 of the Financial Services Act 2012).””

Clause 61

LORD BOURNE OF ABERYSTWYTH

BARONESS WORTHINGTON

36

Page 33, line 14, leave out “or” and insert—

“(aa)   regulations under section 27(8), or”

37-42

[Amendments 37 to 42 were renumbered and considered as amendments 1A to 1F]

In the Title

LORD BOURNE OF ABERYSTWYTH

43

Line 1, after “functions;” insert “to make provision about rights to use upstream
petroleum infrastructure;”

Prepared 11th September 2015