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| Tuesday 28th February 2006 |
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| Climate Change and Sustainable Energy Bill
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| Page 3, line 7, leave out Clause 5. |
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| | Deemed generation for microgenerating stations |
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| To move the following Clause:— |
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| | ‘After section 32B(3) of the Electricity Act 1989 (c.29) there is inserted— |
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| | “(4) | An order under section 32 may specify that where a generating station is |
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| | a qualifying microgenerating station then, for the purposes of Section |
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| | 32B, the generator shall be deemed to have generated an amount of |
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| | electricity determined in accordance with the provisions of the order. |
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| | (5) | An order made pursuant to section (4) above may specify— |
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| | (a) | the conditions to be met by a microgenerating station for it to be |
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| | treated as a qualifying microgenerating station for these |
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| | (b) | the method by which the amount of electricity a qualifying |
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| | microgenerating station will be deemed to have produced is to be |
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| | Microgeneration: local authorities |
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| To move the following Clause:— |
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| | ‘In the Sustainable Energy Act 2003, after section 3 insert— |
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| | “4A | Microgeneration: local authorities |
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| | (1) | The Secretary of State shall, after consulting the Local Government |
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| | Association, and not later than six months after the passing of this Act, |
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| | publish a report on ways in which local authorities can promote |
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| | microgeneration and energy efficiency. |
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| | (2) | The report published pursuant to subsection (1) shall consider how |
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| | different types of local authorities can promote microgeneration and |
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| | (3) | Every local authority in England and Wales shall, within 12 months of |
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| | the publication of the report pursuant to this section consider that report |
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| | and in particular how the measures included in it can assist the authority |
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| | in the discharge of its functions or the development of policies relating |
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| | (a) | reducing emissions of greenhouse gases; and |
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| | (b) | alleviating fuel poverty; and |
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| | (c) | promoting domestic energy efficiency. |
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| | (4) | For the purposes of this section a local authority satisfies the |
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| | requirements of Clause 3 by ensuring that the report is placed on the |
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| | agenda of a meeting of the authority or of any committee thereof. |
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| | (5) | Every local authority may repeat that consideration at such intervals as it |
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| | (6) | Every local authority may draw up, and thereafter revise as it sees fit, a |
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| | report on measures to promote microgeneration and energy efficiency. |
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| | (7) | Every local authority may take such measures that it sees fit and are |
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| | within its powers to promote microgeneration and energy efficiency. |
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| | (8) | The Secretary of State may issue guidance to local authorities as to how |
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| | they may discharge their functions pursuant to this section. |
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| | (9) | In this section the term local authority means a district council, a borough |
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| | council, a London borough council, a unitary authority or a county |
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| | Compliance with building regulations |
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| To move the following Clause:— |
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| | ‘(1) | Notwithstanding any provisions to the contrary a prosecution for an offence under |
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| | Part L of the Building Regulations 2000 may be brought at any time within one |
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| | year of the date of the discovery of that offence, except that no such prosecution |
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| | shall be commenced after the expiration of three years from the commission of |
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| | (2) | The Secretary of State must by 1st January 2007 and thereafter at such other times |
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| | as he deems appropriate lay before Parliament a report on what, if any, steps he |
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| | has taken and proposes to take to secure greater compliance with Part L of the |
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| | Building Regulations 2000.’. |
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| | Simplification of Renewable Energy Certificates for microgeneration |
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| To move the following Clause:— |
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| | ‘For the purposes of enabling individuals installing microgeneration equipment |
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| | to obtain access at minimum cost and administrative burden to Renewable Energy |
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| | Certificates, the Electricity Act 1989 (c.29) shall be amended as follows— |
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| | (a) | in section 32 (3) (a), for the words “generated by” substitute “generated |
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| | or deemed to be generated by”, |
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| | (b) | in section 32A (1) (b), for the words “generated using” substitute |
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| | “generated or deemed to be generated using”, |
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| | (c) | in section 32A (1) (c), for the words “generated by” substitute “generated |
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| | or deemed to be generated by”, |
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| | (d) | in section 32A (1) (d), for the words “generated as” substitute “generated |
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| | or deemed to be generated as”, |
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| | (e) | in section 32A (1) (g), for the words “generated by” substitute “generated |
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| | or deemed to be generated by”, |
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| | (f) | in section 32B (2) (a), for the words “has generated” substitute “has |
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| | generated or is deemed to have generated”, and |
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| | (g) | in section 32B, at end insert—
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| | “(4) An order under section 32 may specify the conditions under which a |
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| | certificate issued under subsection (2) may certify that a generating |
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| | station is deemed to have generated an amount of electricity from |
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| | Duties of the Gas and Electricity Markets Authority towards microgeneration consumers |
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| To move the following Clause:— |
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| | ‘For the purpose of extending the duties of the Gas and Electricity Markets |
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| | Authority towards microgeneration consumers, the Electricity Act 1989 (c.29) |
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| | shall be amended as follows:— |
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| | (a) | in section 3A (1), for the words from “by” to “distribution” substitute |
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| | “by, or in parallel with, distribution”, |
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| | (b) | after section 3A (3) (d), insert— |
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| | “(e) | individuals wishing to generate all or part of their own |
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| | (c) | in section 3A (5) (a), for the words from “by” to “distribution” substitute |
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| | “by, or in parallel with, distribution”, and |
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| | (d) | in section 3A (7), for the words from “by” to “distribution” substitute |
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| | “by, or in parallel with, distribution”.’. |
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| | Local planning authorities: energy and energy efficiency |
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| | Negatived on division nc25 |
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| To move the following Clause:— |
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| | ‘(1) | A local planning authority shall consider when determining a planning |
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| | application by any person whether to specify— |
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| | (a) | a reasonable requirement for the generation of renewable energy within |
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| | the proposed development; |
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| | (b) | a reasonable requirement for the generation of low carbon energy within |
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| | the proposed development; |
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| | (c) | an energy efficiency standard in all or any part or parts of the proposed |
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| | development that exceeds that required by the building regulations |
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| | (2) | In this section “local planning authority” has the same meaning as in section 1 of |
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| | the Town and Country Planning Act 1990 (c. 8).’. |
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| | Local authorities: duty to consider microgeneration |
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| To move the following Clause:— |
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| | ‘(1) | Every energy conservation authority in England and Wales shall, after having |
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| | regard to any guidance issued by the Secretary of State, within 12 months of the |
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| | passing of this Act consider how microgeneration can assist the authority in the |
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| | discharge of its functions relating to— |
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| | (a) | reducing emissions of greenhouse gases, |
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| | (b) | alleviating fuel poverty, and |
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| | (c) | promoting domestic energy efficiency. |
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| | (2) | A local authority shall satisfy the requirements of subsection (1) by ensuring that |
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| | the discharge of its functions relating to microgeneration is an item appearing on |
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| | the agenda of any meeting of that authority or of any committee of that authority. |
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| | (3) | Every such energy conservation authority may repeat that consideration at such |
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| | intervals as it may determine.’. |
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| | Promotion of reductions in carbon emissions: gas transporters and suppliers |
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| To move the following Clause:— |
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| | ‘(1) | Section 33BC of the Gas Act 1986 (c. 44) (promotion of the efficient use by |
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| | consumers of gas) is amended as follows. |
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| | (a) | for “energy efficiency target” substitute “carbon emissions reduction |
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| | (b) | for “an “energy efficiency obligation”” substitute “a “carbon emissions |
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| | (3) | For subsection (2) substitute— |
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| | “(2) | In this section “carbon emissions reduction target” means a target for the |
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| | (a) | measures for improving energy efficiency, that is to say, |
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| | efficiency in the use by consumers of electricity, gas conveyed |
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| | through pipes or any other source of energy which is specified in |
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| | (b) | if the order so provides— |
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| | (i) | measures for increasing the amount of electricity |
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| | generated, or heat produced, by microgeneration; |
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| | (ii) | any other measures of a description specified in the |
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| | order for increasing the amount of electricity generated, |
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| | or heat produced, using low-emissions sources or |
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| | (iii) | measures for reducing the consumption of such energy |
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| | as is mentioned in paragraph (a).” |
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| | (4) | After subsection (12), add— |
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| | “(13) | In this section “microgeneration” and “plant” have the same meanings as |
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| | in section 82 of the Energy Act 2004 (Secretary of State’s strategy for |
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| | promotion of microgeneration). |
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| | (14) | For the purposes of subsection (2)(b)(ii), electricity is generated, or heat |
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| | is produced, using low-emissions sources or technologies if it is |
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| | generated, or produced, by plant which relies wholly or mainly on a |
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| | source of energy or a technology mentioned in subsection (7) of section |
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| | 82 of the Energy Act 2004.”.’. |
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| | Promotion of reductions in carbon emissions: electricity distributors and suppliers |
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| To move the following Clause:— |
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| | ‘(1) | Section 41A of the Electricity Act 1989 (c. 29) (promotion of the efficient use by |
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| | consumers of electricity) is amended as follows. |
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| | (a) | for “energy efficiency target” substitute “carbon emissions reduction |
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| | (b) | for “an “energy efficiency obligation”” substitute “a “carbon emissions |
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| | (3) | For subsection (2) substitute— |
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| | “(2) | In this section “carbon emissions reduction target” means a target for the |
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| | (a) | measures for improving energy efficiency, that is to say, |
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| | efficiency in the use by consumers of electricity, gas conveyed |
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| | through pipes or any other source of energy which is specified in |
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| | (b) | if the order so provides— |
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| | (i) | measures for increasing the amount of electricity |
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| | generated, or heat produced, by microgeneration; |
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| | (ii) | any other measures of a description specified in the |
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| | order for increasing the amount of electricity generated, |
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| | or heat produced, using low-emissions sources or |
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| | (iii) | measures for reducing the consumption of such energy |
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| | as is mentioned in paragraph (a).” |
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| | (4) | After subsection (12), add— |
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| | “(13) | In this section “microgeneration” and “plant” have the same meanings as |
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| | in section 82 of the Energy Act 2004 (Secretary of State’s strategy for |
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| | promotion of microgeneration). |
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| | (14) | For the purposes of subsection (2)(b)(ii), electricity is generated, or heat |
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| | is produced, using low-emissions sources or technologies if it is |
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| | generated, or produced, by plant which relies wholly or mainly on a |
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| | source of energy or a technology mentioned in subsection (7) of section |
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| | 82 of the Energy Act 2004.”.’. |
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| To move the following Clause:— |
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| | ‘Schedule (Amendments consequential on sections (Promotion of reductions in |
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| | carbon emissions: gas transporters and suppliers) and (Promotion of reductions |
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| | in carbon emissions: electricity distributors and suppliers)) (which makes |
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| | amendments consequential on sections (Promotion of reductions in carbon |
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| | emissions: gas transporters and suppliers) and (Promotion of reductions in |
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| | carbon emissions: electricity distributors and suppliers)) has effect.’. |
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| | Parish councils and community councils: powers in relation to local energy saving |
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| To move the following Clause:— |
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| | ‘(1) | A parish council or community council may encourage or promote any of the |
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| | (a) | microgeneration within their area; |
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| | (b) | the use within their area of electricity generated, or heat produced, by |
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| | (c) | efficiency in the use, by persons in their area, of electricity, heat, gas, fuel |
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| | and other descriptions or sources of energy; |
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| | (d) | reductions in the amounts of such energy, or sources of energy, used by |
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10 | | (e) | production in their area of— |
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| | (ii) | any fuel derived from biomass; |
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| | (f) | use in their area of, or of electricity generated, or heat produced, from |
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| | biomass or any such fuel. |
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15 | | (2) | The power conferred by subsection (1) includes, in particular, power— |
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| | (a) | on application, to provide information about goods or services available |
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| | within their area offered or provided otherwise than by a person |
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| | mentioned in section 142(1) of the Local Government Act 1972 (c. 70) |
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| | (provision of information, etc, relating to matters affecting local |
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| | (b) | to provide advice or assistance, |
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| | | for the purpose of encouraging or facilitating any of the matters mentioned in that |
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| | (3) | Nothing in this section authorises a parish council or community council to |
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25 | | provide any financial assistance by— |
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| | (a) | making a grant or loan, |
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| | (b) | giving a guarantee or indemnity, or |
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| | (c) | investing by acquiring share or loan capital. |
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| | (4) | The power conferred by this section is exercisable by a council only to the extent |
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30 | | that they do not (apart from this section or section 137 of the Local Government |
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| | Act 1972 (c. 70) (power of local authorities to incur expenditure for certain |
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| | purposes not otherwise authorised)) otherwise have the power. |
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| | (5) | For the purposes of subsections (4) to (7B) of section 137 of the Local |
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| | Government Act 1972 (c. 70)— |
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35 | | (a) | any expenditure incurred by a parish council or community council under |
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| | this section is to be treated as having been incurred under that section, |
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