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Promotion of reductions in carbon emissions: electricity distributors and suppliers
Malcolm Wicks
NC32
To move the following Clause:—
'(1) Section 41A of the Electricity Act 1989 (c. 29) (promotion of the efficient use by consumers of electricity) is amended as follows.
(2) In subsection (1)—
| (a) | for "energy efficiency target" substitute "carbon emissions reduction target", and |
| (b) | for "an "energy efficiency obligation"" substitute "a "carbon emissions reduction obligation"". |
(3) For subsection (2) substitute—
"(2) In this section "carbon emissions reduction target" means a target for the promotion of—
| (a) | measures for improving energy efficiency, that is to say, efficiency in the use by consumers of electricity, gas conveyed through pipes or any other source of energy which is specified in the order; |
| (b) | if the order so provides— |
| (i) | measures for increasing the amount of electricity generated, or heat produced, by microgeneration; |
| (ii) | any other measures of a description specified in the order for increasing the amount of electricity generated, or heat produced, using low-emissions sources or technologies; |
| (iii) | measures for reducing the consumption of such energy as is mentioned in paragraph (a)." |
(4) After subsection (12), add—
"(13) In this section "microgeneration" and "plant" have the same meanings as in section 82 of the Energy Act 2004 (Secretary of State's strategy for promotion of microgeneration).
(14) For the purposes of subsection (2)(b)(ii), electricity is generated, or heat is produced, using low-emissions sources or technologies if it is generated, or produced, by plant which relies wholly or mainly on a source of energy or a technology mentioned in subsection (7) of section 82 of the Energy Act 2004.".'.
Consequential amendments
Malcolm Wicks
NC33
To move the following Clause:—
'Schedule (Amendments consequential on sections (Promotion of reductions in carbon emissions: gas transporters and suppliers) and (Promotion of reductions in carbon emissions: electricity distributors and suppliers)) (which makes amendments consequential on sections (Promotion of reductions in carbon emissions: gas transporters and suppliers) and (Promotion of reductions in carbon emissions: electricity distributors and suppliers)) has effect.'.
Parish councils and community councils: powers in relation to local energy saving measures
Malcolm Wicks
NC34
To move the following Clause:—
'(1) A parish council or community council may encourage or promote any of the following—
| (a) | microgeneration within their area; |
| (b) | the use within their area of electricity generated, or heat produced, by microgeneration; |
| (c) | efficiency in the use, by persons in their area, of electricity, heat, gas, fuel and other descriptions or sources of energy; |
| (d) | reductions in the amounts of such energy, or sources of energy, used by persons in their area; |
| (e) | production in their area of— |
| (ii) | any fuel derived from biomass; |
| (f) | use in their area of, or of electricity generated, or heat produced, from biomass or any such fuel. |
(2) The power conferred by subsection (1) includes, in particular, power—
| (a) | on application, to provide information about goods or services available within their area offered or provided otherwise than by a person mentioned in section 142(1) of the Local Government Act 1972 (c. 70) (provision of information, etc, relating to matters affecting local government), or |
| (b) | to provide advice or assistance, |
for the purpose of encouraging or facilitating any of the matters mentioned in that subsection.
(3) Nothing in this section authorises a parish council or community council to provide any financial assistance by—
| (a) | making a grant or loan, |
| (b) | giving a guarantee or indemnity, or |
| (c) | investing by acquiring share or loan capital. |
(4) The power conferred by this section is exercisable by a council only to the extent that they do not (apart from this section or section 137 of the Local Government Act 1972 (c. 70) (power of local authorities to incur expenditure for certain purposes not otherwise authorised)) otherwise have the power.
(5) For the purposes of subsections (4) to (7B) of section 137 of the Local Government Act 1972 (c. 70)—
| (a) | any expenditure incurred by a parish council or community council under this section is to be treated as having been incurred under that section, and |
| (b) | any purpose for which expenditure may be incurred under this section is to be treated as a purpose for which such a council are authorised by that section to incur expenditure. |
(6) Subsection (5) applies to expenditure incurred by a parish council or community council under section 142 of the Local Government Act 1972 (c. 70) on information as to the services provided by them under this section, or otherwise relating to their functions under this section, as it applies to expenditure incurred under this section.
(7) The appropriate person may by order amend the list of matters mentioned in subsection (1) by—
| (a) | adding any other matter whose addition would in the opinion of the person making the order be likely to contribute to reduction of greenhouse gases in England and Wales; |
| (b) | omitting any matter for the time being included in the list. |
(8) In subsection (7), "the appropriate person" means—
| (a) | in relation to England, the Secretary of State, and |
| (b) | in relation to Wales, the National Assembly for Wales. |
(9) The power conferred by subsection (7) includes—
| (a) | power to make different provision for different cases, and |
| (b) | power to make such supplemental or consequential provision (including provision modifying this section) and such transitional or saving provision as the person making the order thinks fit. |
(10) The power of the Secretary of State to make an order under subsection (7) is exercisable by statutory instrument.
(11) No order under that subsection may be made by the Secretary of State unless a draft of the order has been—
| (a) | laid before Parliament, and |
| (b) | approved by a resolution of each House.'. |
As an Amendment to Mr Malcolm Wick's proposed New Clause (Parish councils and community councils: powers in relation to local energy saving measures) (NC34):—
Mr Gregory Barker
(a)
*Line 26, leave out subsection 3(a).
Renewables obligation: issue of green certificates
Malcolm Wicks
NC35
To move the following Clause:—
'(1) Section 32B of the Electricity Act 1989 (c. 29) (green certificates) is amended as follows.
(2) In subsection (1), at the end insert "or, if the order so provides, to a person of any other description specified in the order".
(3) In subsection (1A), at the end add "or, if the order provides that a certificate may certify the matters within subsection (2ZA), (2AA), (2AB) or (2AC), the matters within that subsection".
(4) In subsections (2) and (2A), for "to an electricity supplier or to a Northern Ireland supplier," substitute "otherwise than to the operator of a generating station,".
(5) After subsection (2) insert—
"(2ZA) The matters within this subsection are—
| (a) | that two or more generating stations have, between them, generated from renewable sources the amount of electricity stated in the certificate; and |
| (b) | that it has been supplied to customers in Great Britain (or the part of Great Britain stated in the certificate)." |
(6) After subsection (2A) insert—
"(2AA) The matters within this subsection are—
| (a) | that two or more generating stations have, between them, generated from renewable sources the amount of electricity stated in the certificate; |
| (b) | that none of them is a generating station mentioned in Article 54(1) of the Energy (Northern Ireland) Order 2003; and |
| (c) | that the electricity has been supplied to customers in Northern Ireland. |
(2AB) The matters within this subsection are—
| (a) | that the generating station, or, in the case of a certificate issued otherwise than to the operator of a generating station, a generating station specified in the certificate, has generated from renewable sources the amount of electricity stated in the certificate; and |
| (b) | that the electricity has been used in a permitted way. |
(2AC) The matters within this subsection are—
| (a) | that two or more generating stations have, between them, generated from renewable sources the amount of electricity stated in the certificate; and |
| (b) | that the electricity has been used in a permitted way. |
(2AD) For the purposes of subsections (2AB) and (2AC), electricity generated by a generating station, or generating stations, of any description is used in a permitted way if—
| (a) | it is used in one of the ways mentioned in subsection (2AE); and |
| (b) | that way is specified in the order as a permitted way— |
| (i) | in relation to all generating stations, or |
| (ii) | in relation to generating stations of that description. |
(2AE) Those ways are—
| (a) | being consumed by the operator of the generating station or generating stations by which it was generated; |
| (b) | being provided to a distribution system or a transmission system in circumstances in which its supply to customers cannot be demonstrated; |
| (c) | being used, as respects part, as mentioned in paragraph (a) and, as respects the remainder, as mentioned in paragraph (b); |
| (d) | being used, as respects part, as mentioned in paragraph (a), (b) or (c) and, as respects the remainder, by being supplied to customers in Great Britain or customers in Northern Ireland or both." |
(7) In subsection (2B), after "(2A)" insert "or (2AA)".
(8) In subsection (3), after "(2)" insert "or (2ZA)".
(9) In subsection (4), after "subsection (2A)" insert "or any of subsections (2AA) to (2AC)".'.
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