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