"Promotion of the efficient use by consumers of electricity. |
41A. - (1) The Secretary of State may by order require- |
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(a) electricity distributors or electricity distributors of any description; or |
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(b) electricity suppliers or electricity suppliers of any description, |
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to meet, within a specified period, targets for the promotion of energy efficiency. |
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(2) In this section- |
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"energy efficiency" means efficient use by consumers of electricity or any other source of energy specified in the order; and |
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"energy efficiency target" means a target for the promotion of energy efficiency which is specified in or determined under the order for any distributor or supplier to whom the order applies. |
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(3) The energy efficiency targets specified in or determined under the order must be such that no electricity distributor is unduly disadvantaged in competing with other electricity distributors and no electricity supplier is unduly disadvantaged in competing with other electricity suppliers. |
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(4) The order may make provision- |
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(a) for the re-assessment during the period to which they relate of energy efficiency targets; |
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(b) as to the means of measuring improvements in energy efficiency resulting (or to be treated as resulting) from action taken to promote energy efficiency by consumers; |
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(c) as to the action which qualifies for the purpose of meeting the whole or any part of an energy efficiency target; |
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(d) requiring the Authority to determine whether any action proposed to be taken by an electricity distributor or electricity supplier qualifies for the purpose of meeting his energy efficiency target; |
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(e) where the Authority determines that any action is qualifying action, for the determination to include an assessment by the Authority of- |
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(i) the improvement in energy efficiency that will be attributed to that action or, if the Authority so determines, to any result of the action taken that is specified in the determination; or
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(ii) where the action proposed consists of separate acts of any description, the improvements in energy efficiency that will be attributed to each acts or, if the Authority so determines, to any of such an act that is specified in the determination;
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(5) The order may require electricity distributors and electricity suppliers- |
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(a) to furnish the Authority with information about- |
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(i) their proposals for meeting their energy efficiency targets; and
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(ii) the action taken to implement those proposals;
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(b) to demonstrate to the Authority that the action taken or to be taken in implementation of those proposals will be sufficient to secure that those targets are met; |
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(c) to demonstrate to the Authority that they have met those targets. |
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(6) The order may make provision as to circumstances in which- |
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(a) the Authority may treat action promoting energy efficiency taken- |
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(i) by a person acting otherwise than on behalf of an electricity distributor or supplier to whom the order applies; but
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(ii) in pursuance of arrangements made between that person and the distributor or supplier,
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as action taken by or on behalf of the distributor or supplier for the purpose of all or any part of that person's energy efficiency target; |
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(b) the Authority may agree to the transfer by an electricity distributor or supplier to whom the order applies of the whole or part of his energy efficiency target to another such distributor or supplier; or |
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(c) the Authority may agree to part of an energy efficiency target for any period being carried forward to a subsequent period (and the target for the current period reduced accordingly). |
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(7) The order may- |
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(a) provide for exceptions from any requirement of the order; |
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(b) make supplementary, incidental and transitional provision; |
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(c) subject to subsection (3), make different provision for different cases. |
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(8) The order may include provision for treating the promotion of the supply to premises of- |
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(a) electricity generated by combined heat and power stations; |
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(b) heat produced in association with electricity or steam produced from (or air or water heated by) such heat, |
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as promotion of energy efficiency. |
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(9) Before making an order under this section the Secretary of State shall consult the Authority, the Council, electricity distributors and electricity suppliers. |
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(10) A statutory instrument containing an order under this section shall not be made unless a draft of the instrument has been laid before and approved by a resolution of, each House of Parliament." |