|
|
|
|
| |
|
A
|
|
|
Bill
|
|
|
To
|
|
|
make
provision about the development and promotion of a sustainable
|
|
|
energy policy; to amend the Utilities
Act 2000; and for connected purposes.
|
|
|
Be
it enacted by the Queen’s most Excellent Majesty, by and
with the advice and
|
|
|
consent of the Lords Spiritual and
Temporal, and Commons, in this present
|
|
|
Parliament assembled, and by the authority
of the same, as follows:—
|
|
|
1 Sustainable
energy policy
|
|
|
(1) For
the purposes of developing and promoting a sustainable energy policy,
it
|
|
|
shall be the duty of the appropriate
authority to publish within one year of the
|
|
|
passing of this Act and annually thereafter
a report to Parliament specifying—
|
|
|
(a) those
measures that it intends to take to move towards—
|
5
|
|
(i) the
achievement of the amount of electricity generated from
|
|
|
renewable sources being increased
to 25 per cent. by the end of
|
|
|
2020;
|
|
|
(ii) the
achievement of the generation of 10GW of electricity by
|
|
|
combined heat and power by the end
of 2010 and a further
|
10
|
|
10GW by 2020; and
|
|
|
(iii) the
achievement of a reduction of emissions of carbon dioxide
|
|
|
by 20 per cent. by 2010 based on
1990 levels; and
|
|
|
(b) those
policies that in its opinion would reduce emissions of carbon
|
|
|
dioxide by 60 per cent. by 2050 based
on 1990 levels.
|
15
|
|
(2) A
report shall include an assessment of the respective roles of—
|
|
|
(a) wind
power, solar power, hydro-electric power, tidal power, wave
|
|
|
power, geothermal power, biomass and
biogas in the generation of
|
|
|
electricity;
|
|
|
(b) biomass
and biogas, geothermal energy and solar thermal energy in the
|
20
|
|
generation of heat;
|
|
|
(c) types
of renewable energy, other than those listed in paragraphs (a) and
|
|
|
(b), in the generation of heat and electricity;
|
|
|
(d) various
types of combined heat and power, including coal mine
|
|
|
methane, combined cycle gas turbine
technology and integrated
|
25
|
| |
|
|
|
|
|
|
|
|
|
|
| |
|
(d) gasification
combined cycle technology in the generation of heat and
|
|
|
electricity;
|
|
|
(e) energy
generation systems that can be integrated into buildings,
|
|
|
including but not restricted to photo-voltaics,
heat pumps, micro wind
|
|
|
power and domestic micro combined heat
and power systems; and
|
5
|
|
(f) the
actions of individual consumers
|
|
|
in
the development of a sustainable energy policy, and may include setting
|
|
|
such targets, whether national, regional
or local, as the appropriate authority
|
|
|
thinks are appropriate.
|
|
|
(3) A
report shall also include an assessment of the role of—
|
10
|
|
(a) energy
certification schemes for new and existing buildings and of
|
|
|
inspection schemes for boilers and heating
and cooling systems; and
|
|
|
(b) measures
to limit energy use in the manufacture and transport of
|
|
|
construction materials and the construction
of buildings
|
|
|
in
the development of a sustainable energy policy.
|
15
|
|
(4) A
report shall list—
|
|
|
(a) the
increase in capacity achieved or planned in respect of any of the
|
|
|
technologies specified in subsection
(2) above, and
|
|
|
(b) as
regards any increases planned, an indication as to how they are to be
|
|
|
achieved.
|
20
|
|
(5) A
report shall indicate the achievement of any objectives or targets, whether
of
|
|
|
a national, regional, or local nature,
set pursuant to this Act.
|
|
|
2 Domestic
energy efficiency
|
|
|
(1) For
the purposes of developing and promoting a sustainable energy policy the
|
|
|
appropriate authority shall take reasonable
steps to achieve an improvement
|
25
|
|
in domestic energy efficiency of at
least 20 per cent. by the end of 2010 based
|
|
|
on 2002 levels, and those steps may
include—
|
|
|
(a) encouraging
energy conservation authorities to implement measures in
|
|
|
their energy conservation reports drawn
up pursuant to the Home
|
|
|
Energy Conservation Act 1995 (c. 10);
|
30
|
|
(b) issuing
further guidance to energy conservation authorities pursuant to
|
|
|
the Home Energy Conservation Act 1995;
|
|
|
(c) progressively
raising the efficiency standards of boilers;
|
|
|
(d) promoting
improved heating controls;
|
|
|
(e) insulating
cavity walls;
|
35
|
|
(f) improved
standards of new build and refurbishment through revisions
|
|
|
to the building regulations;
|
|
|
(g) community
heating with CHP; and
|
|
|
(h) the
promotion of micro CHP.
|
|
|
(2) Every
energy conservation authority shall take all steps as are reasonably
|
40
|
|
practicable to implement the measures
set out in any energy conservation
|
|
|
report prepared pursuant to section
2 of the Home Energy Conservation Act
|
|
|
1995, and where any measures set out
in any energy conservation report have
|
|
|
been modified by a further report,
the measures referred to in this paragraph
|
|
|
are the measures modified.
|
45
|
|
(3) The
appropriate authority may, after consulting with representatives of local
|
|
|
government, from time to time set targets
for the level of improvement in
|
|
| |
|
|
|
|
|
|
|
| |
|
(3) energy
efficiency in residential accommodation to be achieved by energy
|
|
|
conservation authorities by 2010.
|
|
|
(4) The
appropriate authority may include different targets for different
|
|
|
authorities.
|
|
|
(5) It
shall be the duty of every conservation authority to implement measures
in
|
5
|
|
order to achieve the targets.
|
|
|
(6) The
appropriate authority may set targets for the achievement of energy
|
|
|
conservation improvements for any dates
after 2010.
|
|
|
3 Amendments
of the Electricity Act 1989
|
|
|
(1) Section
32 of the Electricity Act 1989 (c. 29) is amended as follows.
|
10
|
|
(2) At
the end of subsection (2) there shall be inserted—
|
|
|
“under
subsection (2A) below or otherwise.
|
|
|
(2A) Supply
of electricity from a generating station for the purpose of
|
|
|
producing
heating or a cooling effect in association with electricity shall
|
|
|
be
an excluded category of supply, provided that this subsection shall
|
15
|
|
not
apply to a generating station fuelled by the combustion of
|
|
|
municipal
solid waste.”
|
|
|
(3) In
subsection (8), after “Energy Act 1976”, there shall be inserted
“unless
|
|
|
utilised in a generation station covered
by section 41A(9) of this Act”.
|
|
|
(4) In
subsection (8), after the second use of the words “fossil fuel”
in the
|
20
|
|
paragraph defining renewable resources,
there shall be inserted “including
|
|
|
generating stations covered by section
41A(9) of this Act”.
|
|
|
4 Amendments
of the Utilities Act 2000
|
|
|
After section 16 of the Utilities Act 2000
(c. 27) there shall be inserted—
|
|
|
“16A Sustainable
energy
|
25
|
|
(1) It
shall be the duty of the Gas and Electricity Markets Authority in
|
|
|
discharging
its functions under the 1986 Act and the 1989 Act—
|
|
|
(a) to
have regard to achievement of the sustainable energy policy;
|
|
|
(b) to
publish an environmental impact assessment before
|
|
|
implementing
any important proposals; and
|
30
|
|
(c) to
take into account any objections to those proposals before
|
|
|
implementing
them.
|
|
|
(2) For
the purposes of this section a proposal is important if it has a
|
|
|
significant
impact on the general public in the United Kingdom or in
|
|
|
part
of the United Kingdom.”
|
35
|
|
5 Gas
and Electricity Markets Authority
|
|
|
The amounts paid to the Gas and Electricity
Markets Authority (“the
|
|
|
Authority”) under section 33(5A) of
the Electricity Act 1989, as it continues to
|
|
|
have effect pursuant to article 11(1) of
the Electricity from Non-Fossil Fuel
|
|
|
Sources Saving Arrangements Order 2000 (SI,
1990/2727), shall be paid by the
|
40
|
| |
|
|
|
|
|
|
|
| |
|
Authority as the appropriate authority shall
direct to beneficiaries of schemes
|
|
|
established by the Secretary of State to
promote sustainable energy.
|
|
|
6 Amendment
of the Home Energy Conservation Act 1995
|
|
|
(1) The
Home Energy Conservation Act 1995 (c. 10) shall be amended as follows.
|
|
|
(2) After
section 5 there shall be inserted—
|
5
|
|
“5A Fuel
poverty
|
|
|
An energy
conservation authority in England and Wales shall, so far as
|
|
|
reasonably
practicable, perform its functions under this Act in a way
|
|
|
which, in
the opinion of the authority, will contribute to achieving the
|
|
|
objectives
for the time being specified under, or mentioned in, section
|
10
|
|
2(2) of the
Warm Homes and Energy Conservation Act 2000 (c. 31) by
|
|
|
the dates
so specified.”
|
|
|
7 Money
|
|
|
Expenditure
by the Secretary of State in consequence of this Act shall be paid out
of
|
|
|
money
provided by Parliament.
|
15
|
|
8 Interpretation,
citation and extent
|
|
|
(1) In
this Act—
|
|
|
“energy
conservation authority” has the same meaning as in the Home
|
|
|
Energy
Conservation Act 1995;
|
|
|
“environmental
impact assessment” means an assessment of the impact of
|
20
|
|
any
policy or measure on the environment;
|
|
|
“regulatory
impact assessment” means an assessment of the impact of any
|
|
|
regulations
on the environment and on the development of a
|
|
|
sustainable
energy policy; and
|
|
|
“sustainable
energy policy” means measures which reduce emissions of
|
25
|
|
carbon
and methane and promote reductions in the use of energy, and,
|
|
|
for
the avoidance of doubt, does not include nuclear power, and the
|
|
|
term
“sustainable energy” shall be construed accordingly.
|
|
|
(2) In
this Act, “the appropriate authority” is—
|
|
|
(a) in
relation to sections 1
and 5,
the Secretary of State; and
|
30
|
|
(b) in
relation to section 2,
the Secretary of State as regards England and the
|
|
|
National Assembly for Wales as regards
Wales.
|
|
|
(3) This
Act may be cited as the Sustainable Energy Act 2003.
|
|
|
(4) Sections
1,
3,
4
and 5
and this section extend to Scotland and Northern Ireland.
|
|
|
(5) Sections
2
and 7
extend to England and Wales only.
|
35
|
| |
|
|
|
