|
| |
|
(b) | ends with the date of payment. |
| |
(7) | The rate of interest shall be a rate determined by the Secretary of State to be |
| |
comparable with commercial rates. |
| |
Decommissioning regulations |
| |
114 | Regulations about decommissioning |
| 5 |
(1) | The Secretary of State may make regulations relating to the decommissioning |
| |
of relevant objects in waters regulated under this Chapter. |
| |
(2) | The provision that may be contained in regulations under this section includes, |
| |
| |
(a) | provision prescribing standards in respect of decommissioning; |
| 10 |
(b) | provision prescribing standards and safety requirements in respect of |
| |
anything left in place where a relevant object is not wholly removed; |
| |
(c) | provision about the security that a person may be required to provide |
| |
| |
(d) | provision for the prevention of pollution; |
| 15 |
(e) | provision for inspections, including provision as to the payment of the |
| |
| |
(3) | Regulations under this section may include provision making it an offence to |
| |
contravene provisions of the regulations. |
| |
(4) | Where the regulations under this section create an offence, they must make |
| 20 |
provision as to the mode of trial and punishment of offenders; but there is no |
| |
power for regulations under this section— |
| |
(a) | to impose a penalty of imprisonment on summary conviction, or to |
| |
impose a maximum fine, on summary conviction, of more than the |
| |
| 25 |
(b) | to impose a maximum term of imprisonment, on conviction on |
| |
indictment, of more than two years. |
| |
(5) | Before making regulations under this section, the Secretary of State must |
| |
| |
(a) | organisations appearing to him to be representative of persons who |
| 30 |
will be affected by the regulations; and |
| |
(b) | any other persons he considers appropriate. |
| |
(6) | Before making regulations under this section containing provision that relates |
| |
to the decommissioning of relevant objects which are to be or are, wholly or |
| |
| 35 |
(a) | in Scottish waters, or |
| |
(b) | in waters in a Scottish part of a Renewable Energy Zone, |
| |
| the Secretary of State must consult the Scottish Ministers. |
| |
(7) | Regulations under this section are subject to the negative resolution procedure. |
| |
|
| |
|
| |
|
Supplementary provisions of Chapter 2 of Part 3 |
| |
115 | Duty to inform Secretary of State |
| |
(1) | A person who becomes responsible for a relevant object must notify the |
| |
Secretary of State that he has become so responsible. |
| |
(2) | For the purposes of this section a person becomes responsible for a relevant |
| 5 |
| |
(a) | he makes a proposal to construct the object in waters regulated under |
| |
| |
(b) | he makes a proposal for the extension or decommissioning in such |
| |
| 10 |
(c) | he makes a proposal to operate or use the object on completion of its |
| |
construction in such waters; |
| |
(d) | he makes a proposal to operate or use the object on completion in such |
| |
waters of any extension of it; |
| |
(e) | he becomes a party to a proposal mentioned in paragraphs (a) to (d); |
| 15 |
(f) | he begins in such waters to construct, to extend, to operate or use or to |
| |
| |
(g) | he begins to participate in any of the following activities carried on in |
| |
such waters, the construction, extension, operation or use or |
| |
decommissioning of the object. |
| 20 |
(3) | A person is not required to notify the Secretary of State that he has made a |
| |
proposal, or become a party to a proposal, at any time before at least one of the |
| |
statutory consents required for enabling effect to be given to the proposal has |
| |
been given or applied for. |
| |
(4) | A person who notifies the Secretary of State under this section that he has made |
| 25 |
a proposal, or has become a party to a proposal— |
| |
(a) | must specify in the notification what statutory consents required for |
| |
giving effect to the proposal have been given, and what applications for |
| |
such consents have been made; and |
| |
(b) | must notify him subsequently whenever such a consent or application |
| 30 |
| |
(5) | A notification under this section must be given within such period after the |
| |
obligation to give the notification arises as may be prescribed by regulations |
| |
made by the Secretary of State. |
| |
(6) | A person who contravenes the requirements of this section is guilty of an |
| 35 |
| |
(7) | Regulations under this section are subject to the negative resolution procedure. |
| |
(8) | A reference in this section to participation in activities does not include a |
| |
| |
(a) | to participation on behalf of another person; or |
| 40 |
(b) | to participation by acting in pursuance of an agreement to provide a |
| |
service or services to a person carrying on those activities. |
| |
(9) | In this section “statutory consent” has the same meaning as in section 108. |
| |
|
| |
|
| |
|
116 | Offences relating to decommissioning programmes |
| |
(1) | A person guilty of an offence under a provision of this Chapter is liable— |
| |
(a) | on summary conviction, to a fine not exceeding the statutory |
| |
| |
(b) | on conviction on indictment, to imprisonment for a term not exceeding |
| 5 |
two years or to a fine, or to both. |
| |
(2) | No proceedings for a decommissioning offence shall be instituted in England |
| |
and Wales or Northern Ireland except— |
| |
(a) | by the Secretary of State; |
| |
(b) | by a person authorised in that behalf by the Secretary of State; or |
| 10 |
(c) | by or with the consent of the Director of Public Prosecutions or (as the |
| |
case may be) the Director of Public Prosecutions for Northern Ireland. |
| |
(3) | Where a decommissioning offence is committed by a body corporate and is |
| |
proved to have been committed with the consent or connivance of, or to be |
| |
attributable to any neglect on the part of— |
| 15 |
(a) | a director, manager, secretary or other similar officer of the body |
| |
| |
(b) | a person who was purporting to act in any such capacity, |
| |
| he (as well as the body corporate) is guilty of that offence and shall be liable to |
| |
be proceeded against and dealt with accordingly. |
| 20 |
(4) | Where such an offence— |
| |
(a) | is committed by a Scottish firm, and |
| |
(b) | is proved to have been committed with the consent or connivance of, or |
| |
to be attributable to any neglect on the part of, a partner of the firm, |
| |
| he (as well as the firm) is guilty of that offence and shall be liable to be |
| 25 |
proceeded against and dealt with accordingly. |
| |
(5) | Where a decommissioning offence is committed outside the United Kingdom, |
| |
proceedings for the offence may be taken, and the offence may for all incidental |
| |
purposes be treated as having been committed, in any place in the United |
| |
| 30 |
(6) | Section 3 of the Territorial Waters Jurisdiction Act 1878 (c. 73) (consents to |
| |
prosecution of offences committed on the open sea by persons who are not |
| |
British citizens) does not apply to proceedings for a decommissioning offence. |
| |
| |
| “decommissioning offence” means an offence under— |
| 35 |
(a) | a provision of this Chapter; or |
| |
(b) | regulations made under section 114; |
| |
| “director”, in relation to a body corporate whose affairs are managed by |
| |
its members, means a member of the body corporate. |
| |
117 | Interpretation of Chapter 2 of Part 3 |
| 40 |
(1) | Expressions used in this Chapter and in Chapter 1 of this Part have the same |
| |
meanings in this Chapter as in that Chapter. |
| |
| |
| “decommissioning programme” has the meaning given by section 108(2); |
| |
|
| |
|
| |
|
| “extend” and “extension”, in relation to an electric line, have the same |
| |
meanings as they have in Chapter 1 of this Part and this Chapter in |
| |
relation to a renewable energy installation; |
| |
| “recipient”, in relation to a notice under section 108, means the person or |
| |
any one or more of the persons to whom that notice was given; |
| 5 |
| “relevant object” has the meaning given by section 108(10); |
| |
| |
(a) | a charge over a bank account or any other asset; |
| |
| |
(c) | a performance bond or guarantee; |
| 10 |
(d) | a letter of credit; and |
| |
| |
| “waters regulated under this Chapter” has the meaning given by section |
| |
| |
(3) | References in this Chapter to providing a security include references— |
| 15 |
(a) | to securing its maintenance or renewal; and |
| |
(b) | to ensuring that its value is adjusted from time to time to take account |
| |
of changes to the likely costs of the matters in respect of which it is |
| |
| |
(4) | References in this Chapter to the person by whom a decommissioning |
| 20 |
programme was submitted are references, in the case of a programme |
| |
submitted jointly by more than one person, to each of them. |
| |
(5) | Provision made by or under this Chapter in relation to places outside the |
| |
| |
(a) | so far as it applies to individuals, applies to them whether or not they |
| 25 |
are British citizens, and |
| |
(b) | so far as it applies to bodies corporate, applies to them whether or not |
| |
they are incorporated under the law of any part of the United Kingdom. |
| |
| |
| 30 |
118 | Discharge of renewables obligation in Great Britain by payment |
| |
(1) | In section 32(3) of the 1989 Act (renewables obligation), for the words from |
| |
“must” to “produce” substitute “must, by each specified day, have produced”. |
| |
(2) | In section 32C of that Act (payment as an alternative to complying with a |
| |
renewables obligation), in subsection (1) for the words from “that” onwards |
| 35 |
| |
“(a) | that an electricity supplier may (in whole or in part) discharge |
| |
its renewables obligation by making a payment to the Authority |
| |
before the day specified as the day by which evidence must be |
| |
produced for the purposes of section 32(3); and |
| 40 |
(b) | that an electricity supplier’s renewables obligation that was not |
| |
discharged in whole or in part before the day so specified is to |
| |
be treated as having been discharged to the extent specified in |
| |
the order where the payment for which the order provides is |
| |
|
| |
|
| |
|
made to the Authority before the end of such period beginning |
| |
with that day as may be specified in the order.” |
| |
(3) | In subsection (2) of that section (supplementary provisions of order providing |
| |
| |
(a) | after paragraph (a) insert— |
| 5 |
“(aa) | for the sums that must be paid in order for an obligation |
| |
to be treated as having been discharged to increase at a |
| |
rate specified in the order for each day after the time by |
| |
which evidence had to be produced for the purposes of |
| |
| 10 |
(b) | in paragraph (b), for “such sums” substitute “sums or rates falling |
| |
within paragraph (a) or (aa)”; |
| |
(c) | in paragraph (c), after “sums” insert “or rates”; and |
| |
(d) | in paragraph (d), after “sum” insert “or rate”. |
| |
(4) | After subsection (3) of that section insert— |
| 15 |
“(3A) | An order under section 32 may, in the case of an electricity supplier’s |
| |
renewables obligation in relation to which provision is made by virtue |
| |
of subsection (1)(b), provide that during the period— |
| |
(a) | beginning with the day specified for the production of evidence |
| |
for the purposes of section 32(3), and |
| 20 |
(b) | of such duration, or ending with such day, as may be specified |
| |
| |
| no step under section 27A that is specified in the order shall be taken in |
| |
respect of a contravention of that obligation (and section 27A shall have |
| |
effect subject to provision made by virtue of this subsection).” |
| 25 |
(5) | After subsection (5) of that section insert— |
| |
“(6) | References in this section to an electricity supplier’s renewables |
| |
obligation include references to its renewables obligation in relation to |
| |
| |
(6) | The requirements of section 32(7) of the 1989 Act (consultation before making |
| 30 |
an order) may be satisfied in the case of an order containing provision made by |
| |
virtue of this section by consultation that took place wholly or partly before the |
| |
commencement of this section. |
| |
119 | Issue of green certificates in Great Britain |
| |
(1) | Section 32B of the 1989 Act (green certificates) is amended as follows. |
| 35 |
(2) | In subsection (1), for “or to an electricity supplier” substitute “, to an electricity |
| |
supplier or to a Northern Ireland supplier”. |
| |
(3) | After that subsection insert— |
| |
“(1A) | A certificate is to certify either the matters within subsection (2) or the |
| |
matters within subsection (2A).” |
| 40 |
| |
(a) | for “A certificate is to certify” substitute “The matters within this |
| |
| |
(b) | in paragraph (a), after “an electricity supplier” insert “or to a Northern |
| |
| 45 |
|
| |
|
| |
|
(5) | After that subsection insert— |
| |
“(2A) | The matters within this subsection are— |
| |
(a) | that the generating station or, in the case of a certificate issued |
| |
to an electricity supplier or to a Northern Ireland supplier, a |
| |
generating station specified in the certificate, has generated |
| 5 |
from renewable sources the amount of electricity stated in the |
| |
| |
(b) | that the generating station in question is not a generating station |
| |
mentioned in Article 54(1) of the Energy (Northern Ireland) |
| |
| 10 |
(c) | that the electricity has been supplied to customers in Northern |
| |
| |
(2B) | An order under section 32 must— |
| |
(a) | prohibit the issue of a certificate certifying matters within |
| |
subsection (2A) where the Northern Ireland authority has |
| 15 |
notified the Authority that it is not satisfied that the electricity |
| |
in question has been supplied to customers in Northern Ireland; |
| |
| |
(b) | require the revocation of such a certificate if the Northern |
| |
Ireland authority so notifies the Authority at a time between the |
| 20 |
issue of the certificate and its production for the purposes of |
| |
provision made by virtue of subsection (4).” |
| |
(6) | In subsection (3), after “Authority” insert “that certifies matters within |
| |
| |
(7) | After that subsection insert— |
| 25 |
“(4) | An order under section 32 may provide that— |
| |
(a) | in such cases as may be specified in the order, and |
| |
(b) | subject to such conditions as may be so specified, |
| |
| an electricity supplier may (to the extent provided for in accordance |
| |
with the order) discharge its renewables obligation (or its obligation in |
| 30 |
relation to a particular period) by the production to the Authority of a |
| |
certificate that certifies matters within subsection (2A). |
| |
(5) | References in this section to the supply of electricity to customers in |
| |
Northern Ireland shall be construed in accordance with the definition |
| |
of ‘supply’ in Article 3 of the Electricity (Northern Ireland) Order |
| 35 |
| |
(8) | The requirements of section 32(7) of that Act (consultation before making an |
| |
order) may be satisfied in the case of an order containing provision made by |
| |
virtue of this section by consultation that took place wholly or partly before the |
| |
commencement of this section. |
| 40 |
120 | Electricity to be exempted when determining electricity supplied |
| |
In section 32A of the 1989 Act, after subsection (1)(h), insert— |
| |
“(i) | that electricity generated by a generating station producing a |
| |
heating or cooling effect in association with electricity shall not |
| |
count towards the amount of electricity supplied by an |
| 45 |
electricity supplier that is subject to the obligation.” |
| |
|
| |
|