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promote
microgeneration of electricity 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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“energy conservation
authority” has the meaning given in section 1(1) of |
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the Home
Energy Conservation Act 1995 (c. 10); |
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“fuel poverty”
shall be construed in accordance with the provisions of |
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section 1 of the Warm
Homes and Energy Conservation Act 2000 (c. 31); |
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“licensed electricity
supplier” means any person falling within the |
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definition of “electricity
supplier” in section 6(9) of the Electricity
Act |
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“microgeneration”
has the meaning given by section 82 of the Energy
Act |
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“public authority”
has the same meaning as in section 6 of the Human
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“relevant sources
of energy and technologies” means the sources of |
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energy and technologies listed
in subsection (7) of section 82 of the |
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(1) |
It shall be the duty of
the Secretary of State to establish an overall target for the
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take-up of microgeneration
in Great Britain. |
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(2) |
The target established in
accordance with subsection (1) may be expressed in |
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(a) |
the reduction in emissions
of carbon dioxide in Great Britain as a result |
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of the increase of the take-up
of microgeneration within a specified |
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(b) |
the number of microgeneration
installations operating within a |
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specified period of time,
or |
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(3) |
The target established in
accordance with subsection (1) shall be contained |
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within a report that is laid
before each House of Parliament. |
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(4) |
A report under subsection
(3) shall contain such information as the Secretary |
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of State considers appropriate
relating to the expected contribution towards |
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meeting the target to be
made by each of the relevant sources of energy and |
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(5) |
It
shall be the duty of the Secretary of State to take such steps
as he considers necessary |
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to
secure that the target established in accordance with subsection
(1)
is met. |
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(1) |
It shall be the duty of
each energy conservation authority in England and |
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Wales to consider the contribution
that microgeneration can make to the |
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fulfilment of the authority’s
statutory duties and other functions relating to— |
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(a) |
reducing emissions of carbon
dioxide, and |
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(b) |
combatting fuel poverty. |
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(2) |
In pursuance of its duty
under subsection (1), an energy conservation authority |
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may establish local targets
relating to microgeneration. |
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(3) |
Targets established under
subsection (2) shall be published in such form as the |
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authority establishing them
considers appropriate. |
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4 |
Duty
to amend Permitted Development Order |
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(1) |
The Secretary of State shall
by order amend Schedule 2 to the Town and |
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Country Planning (General
Permitted Development) Order 1995 (S.I. 1995/ |
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418) to provide that a “small
renewable energy development” is classed as a |
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permitted development within
the meaning of that Order. |
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(2) |
A development is a “small
renewable energy development” if it meets the |
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criteria set out in subsections
(3) and (4). |
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(3) |
The first criterion is that
the source of energy or the technology is one of the |
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(d) |
a combined heat and power
system. |
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(4) |
The second criterion is
that the capacity of the development is the generation |
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of electricity of 10 kilowatts
or less. |
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(5) |
In making an order under
subsection (1), the Secretary of State may make |
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provision about conditions
relating to the environmental impact of a small |
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renewable energy development
that need to be met in order for it to be classed |
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as a permitted development,
including provision about appearance and noise. |
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Sale
of electricity produced by domestic microgeneration |
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(1) |
It shall be the duty of
the Secretary of State, within twelve months of the |
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coming into force of this
Act, to make an order establishing a scheme enabling |
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electricity produced by domestic
microgeneration to be sold. |
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(2) |
After
the coming into force of the order made under subsection (1),
a licensed |
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electricity supplier may
only supply electricity to a domestic customer if that |
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supplier also undertakes
to buy at market rate any electricity produced by that |
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customer (or any group of
customers of which that customer is a member) by |
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(b) |
“domestic microgeneration”, |
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(c) |
“group of customers”,
and |
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have
the meaning to be prescribed by regulations made by the Secretary
of |
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(1) |
The Building
Act 1984 (c. 55) is amended as follows. |
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(2) |
In section 1 (power to make
building regulations), after subsection (1), insert— |
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“(1A) |
In exercising his power
to make regulations under subsection (1), the |
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Secretary
of State shall have regard to the desirability of promoting the
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availability
of microgeneration in new buildings.” |
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7 |
Microgeneration
and procedures relating to certification |
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(1) |
This section applies to
the exercise of any power or functions conferred by any |
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enactment, order or regulations
relating to— |
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(a) |
Renewable Obligation Certificates, |
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(b) |
Levy Exemptions Certificates,
and |
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(c) |
Renewable Electricity Guarantee
of Origin Certificates. |
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(2) |
In exercising powers to
which this section applies, a public authority shall have |
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regard to the desirability
of— |
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(a) |
promoting microgeneration,
and |
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(b) |
minimising the cost and administrative
burdens for domestic |
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customers installing or operating,
or seeking to instal or operate, |
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microgeneration installations. |
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“domestic customers”
has the meaning to be prescribed by the Secretary |
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“Levy Exemption Certificates”
means certificates of that name issued in |
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exercise of powers under
the Climate Change Levy (General) |
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Regulations 2001 (S.I. 2001/838); |
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“Renewable Electricity
Guarantee of Origin Certificates” means |
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certificates issued in exercise
of powers under the Electricity |
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(Guarantees of Origin of
Electricity Produced from Renewable Energy |
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Sources) Regulations 2003
(S.I. 2003/2562); |
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“Renewable Obligation
Certificates” means any certificate certifying the |
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matters in section 32B(2A)
of the Electricity Act 1989
(c. 29). |
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(1) |
Any power of the Secretary
of State to make an order or regulations under this |
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Act is exercisable by statutory
instrument. |
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(2) |
Any order or regulations
under this Act shall be laid before Parliament after |
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being made and is subject
to annulment in pursuance of a resolution of either |
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There
shall be paid out of money provided by Parliament— |
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(a) |
any
expenditure incurred by the Secretary of State by virtue of this
Act; and |
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(b) |
any
increase attributable to this Act in the sums payable out of money
so |
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provided
under any other enactment. |
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Short
title, commencement and extent |
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(1) |
This Act may be cited as
the Electricity (Microgeneration) Act 2005. |
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(2) |
This Act shall come into
force on 1 April 2006. |
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(3) |
Section 3
extends to England and Wales only. |
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(4) |
The following sections do
not extend to Northern Ireland— |
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