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Energy Bill [HL]


Energy Bill [HL]
Part 4 — Energy Regulation
Chapter 4 — Further provisions about regulation

136

 

subsection (2) insert—

“(2A)   

The Authority may enter the provisions of anything in the register in a

manner that excludes, so far as practicable, so much of the details of

those provisions as it considers it appropriate to exclude for the

purpose of maintaining the confidentiality of—

5

(a)   

matters relating to the affairs of an individual the publication of

which would or might, in its opinion, seriously and

prejudicially affect the interests of that individual; and

(b)   

matters relating specifically to the affairs of a particular body of

persons the publication of which would or might, in the

10

Authority’s opinion, seriously and prejudicially affect the

interests of that body.”

(2)   

In subsection (2) of that section, after “Subject to” insert “subsection (2A) and

to”.

(3)   

For section 49(3) of 1989 Act (matters needing to be excluded so far as

15

practicable from register to be kept by GEMA)—

“(3)   

The Authority may enter the provisions of anything in the register in a

manner that excludes, so far as practicable, so much of the details of

those provisions as it considers it appropriate to exclude for the

purpose of maintaining the confidentiality of—

20

(a)   

matters relating to the affairs of an individual the publication of

which would or might, in its opinion, seriously and

prejudicially affect the interests of that individual; and

(b)   

matters relating specifically to the affairs of a particular body of

persons the publication of which would or might, in the

25

Authority’s opinion, seriously and prejudicially affect the

interests of that body.”

Areas with high distribution or transmission costs

180     

Assistance for areas with high distribution costs

(1)   

If it appears to the Secretary of State—

30

(a)   

that the costs of distributing electricity within a particular area of Great

Britain are significantly higher (when calculated on a per customer

basis) than in other areas of Great Britain, and

(b)   

that within that area there are at least 100,000 premises that are

connected to the same distribution system,

35

   

he may make an order under this section.

(2)   

An order under this section is one that establishes a scheme which—

(a)   

requires authorised transmitters to make a payment each year to

relevant distributors distributing electricity in that area of Great Britain

of such amount as may be determined in accordance with provision

40

contained in the scheme;

(b)   

requires the charges imposed by the authorised transmitters on

authorised suppliers to be adjusted in accordance with the scheme for

the purpose of enabling the transmitters to make that payment; and

(c)   

requires relevant distributors in receipt of a payment under the order

45

to secure, in accordance with the order, that the benefit of the payment

 

 

Energy Bill [HL]
Part 4 — Energy Regulation
Chapter 4 — Further provisions about regulation

137

 

is passed to the authorised suppliers supplying electricity in the area of

Great Britain in question.

(3)   

An order under this section establishing a scheme in relation to the distribution

of electricity within a particular area must specify the area.

(4)   

For the purpose of facilitating the implementation of a scheme for which an

5

order under this section provides, such an order may make such modifications

as the Secretary of State considers appropriate of the conditions of the licences

of authorised suppliers, of authorised transmitters and of authorised

distributors.

(5)   

For the purpose of carrying out the functions conferred on him by or under this

10

section the Secretary of State may require—

(a)   

an authorised supplier,

(b)   

an authorised distributor, or

(c)   

an authorised transmitter,

   

to supply him, in a specified form and within a specified time, with

15

information of a specified description.

(6)   

No person may be required under this section to supply information he could

not be compelled to give in evidence in civil proceedings in the High Court or

the Court of Session.

(7)   

Before making an order under this section, the Secretary of State must consult

20

such persons as he considers appropriate.

(8)   

Subsection (7) may be satisfied by consultation that took place wholly or partly

before the commencement of this section.

(9)   

An order under this section is subject to the negative resolution procedure.

(10)   

Where a scheme established under this section in relation to the distribution of

25

electricity within a particular area is in force, no scheme shall be established

under this section in relation to the distribution of electricity outside that area.

(11)   

Where a scheme is established under this section, it shall be the duty of the

Secretary of State to carry out a review of that scheme—

(a)   

three years after its establishment; and

30

(b)   

thereafter at three yearly intervals.

(12)   

Part 1 of the 1989 Act shall have effect as if every requirement or other duty

imposed on a licence holder under this section were a relevant requirement

within the meaning of that Part (see section 25(8) of that Act).

(13)   

In this section—

35

   

“authorised distributor” and “authorised supplier” have the same

meanings as in Part 1 of the 1989 Act;

   

“authorised transmitter” means a person authorised by a licence under

section 6(1)(b) of that Act to participate in the transmission of

electricity;

40

   

“distributing”, “distribution” and “distribution system” have the same

meanings as in Part 1 of that Act;

   

“licence” means a licence for the purposes of section 4 of that Act;

   

“licence holder” has the same meaning as in Part 1 of that Act;

   

“premises” has the same meaning as in Part 1 of that Act;

45

 

 

Energy Bill [HL]
Part 4 — Energy Regulation
Chapter 4 — Further provisions about regulation

138

 

   

“relevant distributor” means an authorised distributor who distributes

electricity by means of a distribution system to which at least 100,000

premises are connected.

181     

Adjustment of transmission charges

(1)   

The Secretary of State may make an order under this section if it appears to

5

him—

(a)   

that a particular area of Great Britain is suitable as a location for the

generation of electricity from renewable sources;

(b)   

that, as a result, that area represents an area of high potential for the

development of the generation of electricity from such sources; and

10

(c)   

that that development is likely to be deterred, or otherwise hindered in

a material respect, by the level of charges that would (apart from the

order) be imposed by authorised transmitters on persons generating

electricity in that area from renewable sources.

(2)   

An order under this section is one that establishes a scheme which—

15

(a)   

limits the amounts of charges that authorised transmitters may impose

on persons so generating electricity in that area to amounts determined

in accordance with provision contained in the scheme; and

(b)   

requires the charges imposed by the authorised transmitters on

authorised suppliers to be adjusted in accordance with the scheme for

20

the purpose of making good shortfalls resulting from that limitation.

(3)   

An order under this section establishing a scheme in relation to the generation

of electricity from renewable sources in a particular area must specify the area.

(4)   

For the purpose of facilitating the implementation of a scheme an order under

this section may make such modifications as the Secretary of State considers

25

appropriate of the conditions of the licences of authorised transmitters and of

authorised suppliers.

(5)   

For the purpose of carrying out the functions conferred on him by or under this

section the Secretary of State may require—

(a)   

an authorised supplier,

30

(b)   

an authorised distributor, or

(c)   

an authorised transmitter,

   

to supply him, in a specified form and within a specified time, with

information of a specified description.

(6)   

No person may be required under subsection (5) to supply information he

35

could not be compelled to give in evidence in civil proceedings in the High

Court or the Court of Session.

(7)   

Before making an order under this section the Secretary of State must publish

a draft of the scheme he is minded to establish, together with an impact

assessment of the cost of the scheme including its impact on charges for

40

electricity supplied to customers in Great Britain, and must consult such

persons, including suppliers in Great Britain, as will be affected by the scheme.

(8)   

The Secretary of State must publish, for each year after the making of an order

under this section, an annual report on the ongoing costs of the scheme

established by the order, including the impact of those costs on the charges for

45

electricity supplied to customers in Great Britain in that year.

 

 

Energy Bill [HL]
Part 4 — Energy Regulation
Chapter 4 — Further provisions about regulation

139

 

(9)   

Where a scheme in relation to the generation of electricity from renewable

sources within a particular area is in force, no scheme shall be established in

relation to the generation of electricity from renewable sources outside that

area.

(10)   

A scheme shall not be applied in relation to a time more than ten years after the

5

commencement of this section.

(11)   

A scheme—

(a)   

shall not be applied for a period of more than five years; but

(b)   

subject to subsection (10), may be renewed at any time by a further

order under this section for a period of no more than five years from the

10

coming into force of the further order.

(12)   

Part 1 of the 1989 Act shall have effect as if every requirement or other duty

imposed on a licence holder under this section were a relevant requirement

within the meaning of that Part (see section 25(8) of that Act).

(13)   

In this section—

15

   

“authorised distributor” and “authorised supplier” have the same

meanings as in Part 1 of the 1989 Act;

   

“authorised transmitter” means a person authorised by a licence under

section 6(1)(b) of that Act to participate in the transmission of

electricity;

20

   

“licence” means a licence for the purposes of section 4 of that Act;

   

“licence holder” has the same meaning as in Part 1 of that Act;

   

“renewable sources” means sources of energy in relation to which the

following condition is satisfied, namely, that the production of

evidence in respect of electricity generated from those sources is

25

capable of satisfying a renewables obligation imposed by an order

under section 32 of that Act (obligation in respect of electricity

generated from renewable sources);

   

“scheme” means a scheme established by an order under this section.

(14)   

An order under this section is subject to the affirmative resolution procedure.

30

182     

Restrictions on disclosure of information

In section 105 of the Utilities Act 2000 (c. 27) (general restrictions on disclosure

of information)—

(a)   

in subsection (1)(a) for “or Part I of the 1989 Act” substitute “, Part 1 of

the 1989 Act or section 180(5) or 181(5) of the Energy Act 2004”; and

35

(b)   

in subsection (3)(a) after “1989 Act” insert “, section 180 or 181 of the

Energy Act 2004”.

Payments into Scottish Consolidated Fund

183     

Payments of sums raised by fossil fuel levy

(1)   

If the Scottish Ministers so direct, the person prescribed under section 33(1)(b)

40

of the 1989 Act (collection of fossil fuel levy) must pay an amount into the

Scottish Consolidated Fund out of money that has been paid under section

33(5A) of that Act.

 

 

Energy Bill [HL]
Part 5 — Miscellaneous and Supplemental

140

 

(2)   

The Scottish Ministers shall, in making budget proposals to the Scottish

Parliament, include provision that the required amount for the financial year

to which the proposals relate be used for the purpose of promoting the use of

energy from renewable sources.

(3)   

In subsection (2)—

5

   

“budget proposals” means proposals made, in relation to each Bill for a

Budget Act, for the use of resources;

   

“the required amount” means an amount of money equal to the total of

the amounts paid into the Scottish Consolidated Fund under

subsection (1) in the financial year in question; and

10

   

“renewable sources” means sources of energy other than fossil fuel or

nuclear fuel.

(4)   

In subsection (3), “fossil fuel” means coal, substances produced directly or

indirectly from coal, lignite, natural gas, crude liquid petroleum, or petroleum

products (and “natural gas” and “petroleum products” have the same

15

meanings as in the Energy Act 1976 (c. 76)).

(5)   

The Scottish Ministers’ duty under subsection (2) is without prejudice to any

power or duty of theirs apart from this section to spend money for the purpose

mentioned in that subsection.

(6)   

In this section references to section 33 of the 1989 Act are references to that

20

section as it has effect in Scotland.

Part 5

Miscellaneous and Supplemental

Imposition of charges

184     

Power to impose charges to fund energy functions

25

(1)   

The Secretary of State may by regulations make provision requiring the

payment to him of charges in respect of any of the following—

(a)   

services or facilities provided or made available by him in the carrying

out of his relevant energy functions;

(b)   

the consideration or supervision by him, for purposes connected with

30

the carrying out of any of those functions, of any matter;

(c)   

the issue by him, in the carrying out of those functions, of a licence;

(d)   

the doing of anything else which is done by him—

(i)   

in the carrying out of any of those functions; or

(ii)   

for purposes which are incidental to, or otherwise connected

35

with, the carrying out of any of those functions.

(2)   

The matters in respect of which charges may be imposed under this section

include—

(a)   

the performance of a duty imposed on the Secretary of State; and

(b)   

things done in relation to, or to activities carried on in, the territorial sea

40

adjacent to the United Kingdom or an area designated under section

1(7) of the Continental Shelf Act 1964 (c. 29).

(3)   

The persons who may be made liable for charges imposed by regulations

under this section are—

 

 

Energy Bill [HL]
Part 5 — Miscellaneous and Supplemental

141

 

(a)   

any of the persons to whom, or on whose application, the service or

facility in question is provided or made available;

(b)   

any of the persons on whose application the matter in question is

considered, or to whom that matter relates;

(c)   

any of the persons whose activities are supervised;

5

(d)   

any of the persons to whom, or on whose application, the licence in

question is issued;

(e)   

any of the persons on whose application the other thing is done.

(4)   

In exercising his powers under this section to fix the amount of the charge to

be paid by a person of a particular description, the Secretary of State may fix

10

any amount that appears to him to be appropriate having regard to the costs

that the Secretary of State is likely to incur in the carrying out—

(a)   

in relation to persons of that description, or

(b)   

in a manner that benefits persons of that description,

   

of the relevant energy functions in respect of which the charge is imposed.

15

(5)   

The provision that may be made by regulations under this section includes—

(a)   

provision specifying the times at which charges imposed under such

regulations become due;

(b)   

provision specifying the manner in which they are to be paid; and

(c)   

provision for charges that must be paid periodically in respect of any

20

matter.

(6)   

Regulations under this section are subject to the negative resolution procedure.

(7)   

The references in this section to the Secretary of State’s relevant energy

functions are references to the powers and duties of the Secretary of State by or

under any of the following—

25

(a)   

the Pipe-lines Act 1962 (c. 58);

(b)   

so much of the Prevention of Oil Pollution Act 1971 (c. 60) as has effect

in connection with anything specified in subsection (8);

(c)   

the Energy Act 1976 (c. 76);

(d)   

so much of Part 2 of the Food and Environment Protection Act 1985

30

(c. 48) as has effect in connection with anything specified in subsection

(8);

(e)   

the Gas Act 1986 (c. 44);

(f)   

the 1989 Act;

(g)   

the Gas Act 1995 (c. 45);

35

(h)   

the Petroleum Act 1998 (c. 17);

(i)   

so much of the Pollution Prevention and Control Act 1999 (c. 24) as has

effect in connection with anything specified in subsection (8);

(j)   

Chapters 1 and 2 of Part 3 of this Act;

(k)   

Chapters 2 to 4 of Part 4 of this Act;

40

(l)   

so much of any Community instrument as has effect in connection with

anything specified in subsection (8).

(8)   

The matters mentioned in subsection (7) are—

(a)   

the carrying out of exploration for petroleum;

(b)   

the winning or production of petroleum;

45

(c)   

the generation, transmission, distribution or supply of electricity;

(d)   

the conveyance, supply, storage or processing of gas;

 

 

Energy Bill [HL]
Part 5 — Miscellaneous and Supplemental

142

 

(e)   

pipelines for the conveyance of petroleum that are situated in Great

Britain;

(f)   

offshore installations and submarine pipelines;

(g)   

Renewable Energy Zones and renewable energy installations;

(h)   

the protection of the environment from activities carried on in

5

connection with anything mentioned in the preceding paragraphs.

(9)   

In this section—

   

“application” includes a requirement, and cognate expressions are to be

construed accordingly;

   

“gas” has the same meaning as in the Gas Act 1986;

10

   

“issue”, in relation to a licence, includes grant and serve, and also refuse,

modify, revoke and renew, and cognate expressions are to be construed

accordingly;

   

“licence” includes an authorisation, consent, approval, exemption,

certificate or notice;

15

   

“offshore installation” has the same meaning as in Part 4 of the Petroleum

Act 1998 (c. 17);

   

“petroleum” has the same meaning as in Part 1 of that Act;

   

“pipeline” means a pipeline within the meaning of Part 3 of that Act or a

pipe-line within the meaning of the Pipe-lines Act 1962 (c. 58);

20

   

“Renewable Energy Zone” and “renewable energy installation” have the

same meanings as in Chapter 1 of Part 3 of this Act;

   

“supervision”, in relation to activities, includes the carrying out of an

inspection of any premises or thing used or apparently used in

connection with those activities.

25

(10)   

The power to make regulations under this section—

(a)   

is in addition to every other power to impose charges in connection

with the carrying out by the Secretary of State of his relevant energy

functions; and

(b)   

is to be disregarded in construing those other powers.

30

(11)   

The Secretary of State must pay sums received by him by virtue of regulations

under this section into the Consolidated Fund.

International agreements relating to pipelines and offshore installations

185     

Power to modify Petroleum Act 1998

(1)   

Her Majesty may by Order in Council make any modifications of the

35

Petroleum Act 1998 that Her Majesty considers appropriate for the purpose of

securing that effect is given to an international agreement to which this section

applies.

(2)   

This section applies to an international agreement (whether entered into before

or after the passing of this Act) which relates in whole or in part to the

40

construction, operation, use, decommissioning or abandonment of a pipeline

or offshore installation.

(3)   

The power under this section to modify the Petroleum Act 1998 includes—

(a)   

power to provide for provision made by or under that Act to have effect

(with or without modifications) in relation to a foreign area;

45

 

 

 
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