Amendments proposed to the Energy Bill [Lords] - continued	House of Commons
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Duty relating to energy provision and use

   

Mr Andrew Stunell
Norman Baker

NC12

To move the following Clause:—

       'The Secretary of State shall have a duty to promote the efficient provision and use of energy [gas and electricity], and to reduce the emissions of greenhouse gases.'.

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Security of supply report

   

Mr Andrew Stunell
Norman Baker

NC13

To move the following Clause:—

       'The Secretary of State must in each calendar year, beginning with 2005, publish a report ("a security of supply report") on the progress made in the reporting period towards maintaining and enhancing, if necessary, UK security of supply.'.

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Compliance with Community law

   

Anne Picking
Paddy Tipping
Mr Calum MacDonald
Mr Desmond Turner

NC14

To move the following Clause:—

       'In section 3A of the 1989 Act (principal objective and general duties), after subsection (5A) (which is inserted by section 174), insert—

"(5B)

In carrying out their respective functions under this Part in accordance with the preceding provisions of this section the Secretary of State and the Authority must each have regard to the obligation to comply with Community law, in particular the provisions of Directive 2003/54/EC.

(5C)

Without prejudice to the generality of subsection (5B), where any document provides for charges to be levied for access to and use of any transmission system, the Authority shall have the duty to ensure that those charges are proportionate and applied in a non-discriminatory manner and, in pursuance of this duty, can require the system operator to modify those charges accordingly.".'.

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Report to Parliament on Combined Heat and Power

   

Dr Desmond Turner
Mr Andrew Stunell
Norman Baker

NC15

To move the following Clause:—

       'The Secretary of State shall be required to report annually to Parliament on progress to meeting the Government target of 10GWe of Good Quality Combined Heat and Power by the year 2010.'.

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Duty with regard to Combined Heat and Power

   

Dr Desmond Turner
Mr Andrew Stunell
Norman Baker

NC16

To move the following Clause:—

       'The Secretary of State shall have a duty to ensure the deployment of 10GWe of Good Quality Combined Heat and Power production in the United Kingdom by 2010.'.

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Collision within a renewable energy installation

   

Miss Anne McIntosh
Mr Laurence Robertson
Mr David Ruffley
Mr Robert Key
Mr Richard Page

NC17

To move the following Clause:—

       'The Secretary of State for Transport shall set out procedures to be followed to prevent a collision taking place within a renewable energy installation, and procedures to be followed in the event of a collision within a renewable energy installation.'.

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Safety zones around Renewable Energy Installations

   

Miss Anne McIntosh
Mr Laurence Robertson
Mr David Ruffley
Mr Robert Key
Mr Richard Page

NC18

To move the following Clause:—

       'Each application for a consent under section 94 shall set out the location of a safety zone around installations.'.

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Renewable heat obligation

   

Brian White
Mr Andrew Stunell
Norman Baker

NC19

To move the following Clause:—

    '(1)   For the purpose of encouraging the generation of renewable heat in order to reduce carbon dioxide emissions, provide employment in UK agriculture and improve energy security, the Secretary of State may, by regulations, introduce a renewable heat obligation.

    (2)   Regulations made under subsection (1) may—

(a)	require relevant parts of the heating fuel supply industry to demonstrate that a specified portion of their product is renewable;

(b)	set targets for the proportion of heating fuels to be renewable; and

(c)	provide for penalties for failure to meet targets.

    (3)   For the purposes of the obligation, renewable heat sources shall include solid, liquid or gaseous fuels produced from biomass; passive solar heating systems and geothermal.

    (4)   The power conferred by this section on the Secretary of State to make regulations is exercisable by statutory instrument subject to affirmative resolution of both Houses of Parliament.

    (5)   In this section—

       "biomass" means the biodegradable fraction of products, waste and residues from agriculture (including vegetable and animal substances), forestry and related industries, as well as the biodegradable fraction of industrial and municipal waste;

       "solar thermal" means the collection, transfer, storage and use of solar energy for space, water and process heating or cooling;

       "geothermal" means ground source heat pumps collecting stored solar or geothermal energy from ground or water sources.'.

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Assessment of offshore renewable generation

   

Brian White

NC20

To move the following Clause:—

    '(1)   The Secretary of State shall, within two years of the passing of this Act, present to both Houses of Parliament a report on off-shore renewable technologies that—

(a)	identifies the areas most suitable for offshore generation of electricity, and

(b)	includes an assessment of the environmental benefits and risks of developing generation in these areas.

    (2)   The above report shall include, but not be limited to, assessments for generation by means of wind power, wave power, and tidal stream energy.'.

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Saving of energy to assist renewables

   

Miss Anne McIntosh
Mr Laurence Robertson
Mr David Ruffley
Mr Robert Key
Mr Richard Page

NC21

To move the following Clause:—

    '(1)   For the purposes of—

(a)	reducing the demand for energy use, and

(b)	thereby enabling renewable energy sources to satisfy a greater proportion of the demand for energy without the need for further investment, and

(c)	thereby reducing the need for unnecessary investment in nuclear energy sources

       it shall be the duty of the Secretary of State to take action as specified by this section.

    (2)   The action specified by this section is action to—

(a)	promote energy efficiency generally; and

(b)	in particular, implement energy efficiency measures that will—

(i)	assist with the achievement of carbon savings from domestic energy efficiency by 2010 over and above the 4.2 MtC savings specified in the Energy Efficiency Implementation Plan; and

(ii)	achieve carbon savings of 5MtC by 2010 from energy efficiency in the domestic sector.

    (3)   Action taken pursuant to this section shall be commenced as soon as is reasonably practicable.

    (4)   In this section the "Energy Efficiency Implementation Plan" is the document entitled "Energy Efficiency The Government's Plan for Action" published by the Department for Environment, Food and Rural Affairs, dated April 2004 (Cm 6168).'.

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Compliance with sections 32 to 32C of the 1989 Act

   

Mr Andrew Stunell
Norman Baker

NC22

To move the following Clause:—

    '(1)   In section 25 of the 1989 Act (orders for securing compliance), in the definition of "relevant requirement" in subsection (8), for "32C" substitute "32D".

    (2)   In sections 32A(4) and 32A(7) of that Act (which relate to information powers and other functions of GEMA), at end insert "or to any obligation arising under section 32D".

    (3)   After section 32C of the 1989 Act, insert—

    "32DPrevention and remedying of default in compliance with sections 32 to 32C    (1)   An order under section 32 may provide that an electricity supplier must pay such a sum to the Authority, corresponding to the supply of a given amount of electricity by the supplier in a particular period, as may be—

(a)	necessary to make good in aggregate so much of any unrecovered default in the payments referred to in section 32C(1) by other suppliers in relation to previous periods as may be determined by or under the order; and

(b)	determined by the Authority and published at least so long before the start of that period as may be specified in the order.

    (2)   The supplier shall make the payment to the Authority no later than the specified day in relation to that period ("the payment date").

    (3)   Any sums received under subsection (1) shall be paid by the Authority to electricity suppliers in accordance with a system of allocation specified in the order.

    (4)   The system of allocation specified in the order may provide for payments to specified categories of electricity supplier only.

    (5)   Where the Secretary of State is satisfied that it would be proportionate to do so, and that competition in the supply of electricity would not in consequence be unduly distorted, the order may also make provision as to the form and extent of any measures which a supplier is to take for the purpose of securing, in whole or in part, its discharge of the renewables obligation.

    (6)   The order may provide that any figures necessary to make or provide for the derivation of any calculation under this section can be estimated by the Authority or the Secretary of State.

    (7)   The reference to "make good" in subsection (1) may include adjustment of sums upwards to reflect accrual of interest, at a rate determined by or under the order, between the times of the defaults in relation to previous periods and the payment date.

    (8)   This section is without prejudice to the enforcement powers available to the Authority in relation to any provision of section 32 to 32D that is a relevant requirement within the meaning of section 25(8)".'.

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Supplementary provision relating to the renewables obligation

   

Mr Andrew Stunell
Norman Baker

NC23

To move the following Clause:—

    '(1)   In section 32A of the 1989 Act (orders under section 32: supplementary), after subsection (2) insert—

"(2A)

An order may provide, in relation to any specified period—

(a)	for anything required to be done at a particular time ("the normal time") by a supplier or the Authority in relation to that period to be done on an interim or partial basis at one or more times prior to the normal time;

(b)	where something is so done, for the position to be reconciled at the normal time by reference to the underlying requirement that would have existed but for this subsection, and for any appropriate adjustment to be made; and

(c)	that any figures necessary to make or provide for the derivation of any calculation under this section (other than the assessment at the normal time of the underlying requirement) can be estimated by the supplier, the Authority, or the Secretary of State.

(2B)	The order may provide, in relation to an appropriate adjustment, for interest to be included over such periods, at such rates, and in such circumstances as may be determined by or under the order."

    (2)   After subsection (6) of that section, insert—

"(6A)

Any function of the Authority under the order may be exercised by, or by employees or agents of, such person (if any) as may be authorised in that behalf by the Authority.

(6B)	In relation to such exercise of functions—

(a)	a function so exercised shall be treated for all purposes as if it had been exercised by the Authority;

(b)	the Authority may place such restrictions and limitations on its authorisation as it sees fit;

(c)	the Authority may withdraw its authorisation at any time, but without prejudice to any actions taken before that time by a person so authorised or to any contractual obligation it may have to that person;

(d)	the order may disapply subsection (6A) in respect of such functions, in such cases and circumstances, as may be specified in the order; and

(e)	'employee', in relation to a body corporate, includes any director or other officer of that body.".'.

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Prepared 22 Jun 2004