Energy Bill [HL]

Commons Amendments

[The page and line references are to Bill 92, the bill as first printed for the Commons.]

Clause 2

Page 2, line 37, at end insert—

“( )    

Schedule 1 to the Oil Taxation Act 1975,”

Page 2, line 39, at end insert—

“( )    

Chapter 9 of Part 8 of the Corporation Tax Act 2010,”

Clause 8

Page 5, line 29, leave out Clause 8

Clause 17

Page 12, line 7, leave out “one year” and insert “three years”

Page 12, line 12, leave out “one year” and insert “three years”

After Clause 79

Insert the following new 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.

(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”.”

Insert the following new 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

renewables obligation on 31 March 2016] of this Act) insert—

“32LD  

Onshore wind generating stations accredited, or additional

capacity added, on or before 31 March 2016

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

(a)    

generated by an onshore wind generating station which was

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.

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

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

(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 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 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

(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,

(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.

32LG  

Onshore wind generating stations accredited, or additional

capacity added, between 1 April 2017 and 31 March 2018: 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

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

(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,

(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

(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

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

(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—

(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

(iii)    

both the approved development condition and the

investment freezing condition are met in respect of

the additional capacity.