|
| |
|
(b) | that the holder of the relevant supply licence has not applied |
| |
under subsection (1) to convert that licence to a domestic energy |
| |
| |
(c) | that the holder of the relevant supply licence has received |
| |
written notice of the Authority’s intention to exercise its power |
| 5 |
under subsection (2) at least six months before that power is to |
| |
| |
(4) | The application shall be made in such form and manner, and shall |
| |
contain, or be accompanied by, such information and documents and |
| |
such fee (if any), as may be prescribed. |
| 10 |
(5) | Within the prescribed period after the making of the application, the |
| |
applicant shall publish a notice of the application in the prescribed |
| |
| |
(6) | Where the Authority proposes to refuse the application, it shall give to |
| |
| 15 |
(a) | stating that it proposes to refuse the application; |
| |
(b) | stating the reasons why it proposes to refuse the application; |
| |
| |
(c) | specifying the time within which representations with respect |
| |
to the proposed refusal may be made, |
| 20 |
| and shall consider any representations which are duly made and not |
| |
| |
(7) | Where the Authority grants a domestic energy efficiency licence in |
| |
consequence of an application under this section, it shall as soon as |
| |
practicable thereafter send a notice of the grant to any person who |
| 25 |
holds a licence and whose interests may, in the opinion of the |
| |
Authority, be affected by the grant. |
| |
(8) | In this section ‘prescribed’ means prescribed in regulations made by |
| |
| |
(9) | Any sums received by the Authority under this section shall be paid |
| 30 |
into the Consolidated Fund.” |
| |
(5) | In section 7 (conditions of licences: general), after subsection (2A), insert— |
| |
“(2B) | Without prejudice to the generality of paragraph (a) of subsection (1), |
| |
conditions included in a domestic energy efficiency licence by virtue of |
| |
| 35 |
(a) | require the licence holder to provide such services as may be |
| |
specified in the licence; |
| |
(b) | in particular, require the licence holder to provide such services |
| |
as may be specified in the licence that are necessary— |
| |
(i) | to secure that the number of premises that are supplied |
| 40 |
with electricity under the licence that are below the |
| |
thermal comfort level of SAP 70 is reduced, and |
| |
(ii) | to secure that the measures provided by the licence |
| |
holder to improve the heating, cooling, lighting and |
| |
thermal insulation of premises are additional to |
| 45 |
measures that would be provided under a supply |
| |
| |
|
| |
|
| |
|
(c) | in particular, require the licence holder to take such other |
| |
measures as are, in the view of the Authority, appropriate in |
| |
order to improve or promote domestic energy efficiency; |
| |
(d) | require the licence holder to meet such conditions relating to the |
| |
price of electricity supplied to him falling within subsection |
| 5 |
(2C) as may be specified in the licence; and |
| |
(e) | exempt the licence holder from such other licence conditions as |
| |
the Authority determines to be appropriate, having regard to |
| |
the considerations specified in subsection (2D). |
| |
(2C) | A condition falls within this subsection if it relates to the differential in |
| 10 |
| |
(a) | electricity sold by the holder of a domestic energy efficiency |
| |
licence on the one hand, and |
| |
(b) | electricity purchased by the holder of a domestic energy |
| |
efficiency licence which was generated by microgeneration on |
| 15 |
| |
(2D) | The considerations specified in this subsection are— |
| |
(a) | the extent of progress towards meeting the targets as |
| |
established or revised under section 6ZA(1), |
| |
(b) | the extent to which exemption from a particular condition |
| 20 |
would assist in the development of collective agreements for |
| |
the supply of services under a domestic energy efficiency |
| |
licence in a particular locality, and |
| |
(c) | the extent to which exemption from a particular condition |
| |
would assist in the provision of services to premises in new |
| 25 |
housing developments under a domestic energy efficiency |
| |
| |
(2E) | For the purposes of subsection (2B)(b)(i), ‘SAP’ means the Standard |
| |
Assessment Procedure rating determined in accordance with the |
| |
procedure described in the document entitled ‘Government’s Standard |
| 30 |
Assessment Procedure for Energy Rating of Dwellings’ (2001 edition).” |
| |
| |
8 | Additional standard condition for transmission licence |
| |
(1) | The Secretary of State shall determine an additional standard condition in |
| |
relation to transmission licences for the purpose of reducing the differential in |
| 35 |
| |
(a) | electricity sold by the holder of a transmission licence on the one hand, |
| |
| |
(b) | electricity purchased by the holder of a transmission licence from the |
| |
holder of a distribution licence, a supply licence or a domestic energy |
| 40 |
efficiency licence on the other. |
| |
(2) | The Secretary of State shall publish the condition determined under subsection |
| |
(1) in such manner as he considers appropriate. |
| |
(3) | A condition published in accordance with subsection (2) shall be a standard |
| |
condition for the purposes of transmission licences, subject to any |
| 45 |
modifications of the standard conditions for the purposes of licences of that |
| |
| |
|
| |
|
| |
|
(a) | under Part 1 of the 1989 Act, or |
| |
| |
| after the determination under subsection (1). |
| |
(4) | Section 137(4) of the 2004 Act (provisions of standard conditions) applies to a |
| |
condition under this section as it applies to a condition to which that subsection |
| 5 |
| |
(5) | After section 8A(1A) of the 1989 Act, insert— |
| |
“(1ZB) | Subject to subsection (2), each condition which by virtue of section 8 of |
| |
the Energy Markets Act 2005 is a standard condition for the purposes |
| |
of transmission licences shall be incorporated by reference in each |
| 10 |
transmission licence granted on or after the day on which section 8 of |
| |
that Act comes into force.” |
| |
(6) | In this section “distribution licence”, “supply licence”, “domestic energy |
| |
efficiency licence” and “transmission licence” have the meanings given in |
| |
section 6(1) of the 1989 Act (licences authorising supply, etc.). |
| 15 |
Miscellaneous and final provisions |
| |
9 | Consequential amendments |
| |
The Schedule (which contains consequential amendments) shall have effect. |
| |
| |
| 20 |
“the 1986 Act” means the Gas Act 1986 (c. 44); |
| |
“the 1989 Act” means the Electricity Act 1989 (c. 29); |
| |
“the 2003 Act” means the Sustainable Energy Act 2003 (c. 30); |
| |
“the 2004 Act” means the Energy Act 2004 (c. 20); |
| |
“the Authority” means the Gas and Electricity Markets Authority; |
| 25 |
“the relevant energy markets” means— |
| |
(a) | the gas supply market regulated under Part 1 of the 1986 Act |
| |
| |
(b) | the electricity market regulated under Part 1 of the 1989 Act |
| |
| 30 |
| |
(1) | There shall be paid out of money provided by Parliament any expenditure incurred by |
| |
the Secretary of State by virtue of this Act. |
| |
(2) | Any sums received by the Authority under or by virtue of any enactment the receipt of |
| |
which is attributable to this Act shall be paid into the Consolidated Fund. |
| 35 |
12 | Short title, commencement and extent |
| |
(1) | This Act may be cited as the Energy Markets Act 2005. |
| |
(2) | Sections 2 to 9 shall come into force on such date as the Secretary of State may |
| |
| |
|
| |
|
| |
|
(3) | The power of the Secretary of State to make an order under subsection (2) is a |
| |
power exercisable by statutory instrument. |
| |
(4) | The power conferred under subsection (2) includes power— |
| |
(a) | to make different provision for different cases (including different |
| |
provision in respect of different areas); |
| 5 |
(b) | to bring provisions into force in relation to a specified area or a |
| |
specified description of persons for the purpose of conducting a trial of |
| |
the arrangements under which the provisions will have effect when |
| |
brought into force in relation to other areas or descriptions of persons; |
| |
(c) | to make provision subject to such exemptions and exceptions as the |
| 10 |
Secretary of State thinks fit; and |
| |
(d) | to make such incidental, supplemental, consequential and transitional |
| |
provision as the Secretary of State thinks fit. |
| |
(5) | This Act does not extend to Northern Ireland. |
| |
|
| |
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