sc172802.27-33

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

S.C.C.
27

House of Commons

Tuesday 28th February 2006

Standing Committee Proceedings

Standing Committee C

Climate Change and Sustainable Energy Bill

[third Sitting]

Malcolm Wicks

Not selected  11

Page  3,  line  7,  leave out Clause 5.

Clause Disagreed to.

Remaining New Clauses

Deemed generation for microgenerating stations

Mark Lazarowicz

Not moved  nc24

To move the following Clause:—

‘After section 32B(3) of the Electricity Act 1989 (c.29) there is inserted—

“(4)
An order under section 32 may specify that where a generating station is

a qualifying microgenerating station then, for the purposes of Section

32B, the generator shall be deemed to have generated an amount of

electricity determined in accordance with the provisions of the order.

(5)
An order made pursuant to section (4) above may specify—

(a)
the conditions to be met by a microgenerating station for it to be

treated as a qualifying microgenerating station for these

purposes;

(b)
the method by which the amount of electricity a qualifying

microgenerating station will be deemed to have produced is to be

determined.”.’.

S.C.C. Standing Committee Proceedings: 28th February 2006
28

Climate Change and Sustainable Energy Bill, continued

Microgeneration: local authorities

Mark Lazarowicz

Not moved  nc26

To move the following Clause:—

‘In the Sustainable Energy Act 2003, after section 3 insert—

“4A
Microgeneration: local authorities

(1)
The Secretary of State shall, after consulting the Local Government

Association, and not later than six months after the passing of this Act,

publish a report on ways in which local authorities can promote

microgeneration and energy efficiency.

(2)
The report published pursuant to subsection (1) shall consider how

different types of local authorities can promote microgeneration and

energy efficiency.

(3)
Every local authority in England and Wales shall, within 12 months of

the publication of the report pursuant to this section consider that report

and in particular how the measures included in it can assist the authority

in the discharge of its functions or the development of policies relating

to—

(a)
reducing emissions of greenhouse gases; and

(b)
alleviating fuel poverty; and

(c)
promoting domestic energy efficiency.

(4)
For the purposes of this section a local authority satisfies the

requirements of Clause 3 by ensuring that the report is placed on the

agenda of a meeting of the authority or of any committee thereof.

(5)
Every local authority may repeat that consideration at such intervals as it

may determine.

(6)
Every local authority may draw up, and thereafter revise as it sees fit, a

report on measures to promote microgeneration and energy efficiency.

(7)
Every local authority may take such measures that it sees fit and are

within its powers to promote microgeneration and energy efficiency.

(8)
The Secretary of State may issue guidance to local authorities as to how

they may discharge their functions pursuant to this section.

(9)
In this section the term local authority means a district council, a borough

council, a London borough council, a unitary authority or a county

council.”.’.

Compliance with building regulations

Mark Lazarowicz

Withdrawn  nc27

To move the following Clause:—

S.C.C. Standing Committee Proceedings: 28th February 2006
29

Climate Change and Sustainable Energy Bill, continued

‘(1)
Notwithstanding any provisions to the contrary a prosecution for an offence under

Part L of the Building Regulations 2000 may be brought at any time within one

year of the date of the discovery of that offence, except that no such prosecution

shall be commenced after the expiration of three years from the commission of

that offence.

(2)
The Secretary of State must by 1st January 2007 and thereafter at such other times

as he deems appropriate lay before Parliament a report on what, if any, steps he

has taken and proposes to take to secure greater compliance with Part L of the

Building Regulations 2000.’.

Simplification of Renewable Energy Certificates for microgeneration

Mark Lazarowicz

Withdrawn  nc29

To move the following Clause:—

‘For the purposes of enabling individuals installing microgeneration equipment

to obtain access at minimum cost and administrative burden to Renewable Energy

Certificates, the Electricity Act 1989 (c.29) shall be amended as follows—

(a)
in section 32 (3) (a), for the words “generated by” substitute “generated

or deemed to be generated by”,

(b)
in section 32A (1) (b), for the words “generated using” substitute

“generated or deemed to be generated using”,

(c)
in section 32A (1) (c), for the words “generated by” substitute “generated

or deemed to be generated by”,

(d)
in section 32A (1) (d), for the words “generated as” substitute “generated

or deemed to be generated as”,

(e)
in section 32A (1) (g), for the words “generated by” substitute “generated

or deemed to be generated by”,

(f)
in section 32B (2) (a), for the words “has generated” substitute “has

generated or is deemed to have generated”, and

(g)
in section 32B, at end insert—

“(4) An order under section 32 may specify the conditions under which a

certificate issued under subsection (2) may certify that a generating

station is deemed to have generated an amount of electricity from

renewable sources.”.’.

Duties of the Gas and Electricity Markets Authority towards microgeneration consumers

Mark Lazarowicz

Withdrawn  nc30

To move the following Clause:—

‘For the purpose of extending the duties of the Gas and Electricity Markets

Authority towards microgeneration consumers, the Electricity Act 1989 (c.29)

shall be amended as follows:—

S.C.C. Standing Committee Proceedings: 28th February 2006
30

Climate Change and Sustainable Energy Bill, continued

(a)
in section 3A (1), for the words from “by” to “distribution” substitute

“by, or in parallel with, distribution”,

(b)
after section 3A (3) (d), insert—

“(e)
individuals wishing to generate all or part of their own

electricity demands”,

(c)
in section 3A (5) (a), for the words from “by” to “distribution” substitute

“by, or in parallel with, distribution”, and

(d)
in section 3A (7), for the words from “by” to “distribution” substitute

“by, or in parallel with, distribution”.’.

Local planning authorities: energy and energy efficiency

Gregory Barker

Negatived on division  nc25

To move the following Clause:—

‘(1)
A local planning authority shall consider when determining a planning

application by any person whether to specify—

(a)
a reasonable requirement for the generation of renewable energy within

the proposed development;

(b)
a reasonable requirement for the generation of low carbon energy within

the proposed development;

(c)
an energy efficiency standard in all or any part or parts of the proposed

development that exceeds that required by the building regulations

currently in force.

(2)
In this section “local planning authority” has the same meaning as in section 1 of

the Town and Country Planning Act 1990 (c. 8).’.

Local authorities: duty to consider microgeneration

Gregory Barker

Not called  nc28

To move the following Clause:—

‘(1)
Every energy conservation authority in England and Wales shall, after having

regard to any guidance issued by the Secretary of State, within 12 months of the

passing of this Act consider how microgeneration can assist the authority in the

discharge of its functions relating to—

(a)
reducing emissions of greenhouse gases,

(b)
alleviating fuel poverty, and

(c)
promoting domestic energy efficiency.

(2)
A local authority shall satisfy the requirements of subsection (1) by ensuring that

the discharge of its functions relating to microgeneration is an item appearing on

the agenda of any meeting of that authority or of any committee of that authority.

S.C.C. Standing Committee Proceedings: 28th February 2006
31

Climate Change and Sustainable Energy Bill, continued

(3)
Every such energy conservation authority may repeat that consideration at such

intervals as it may determine.’.

Promotion of reductions in carbon emissions: gas transporters and suppliers

Malcolm Wicks

Added  NC31

To move the following Clause:—

‘(1)
Section 33BC of the Gas Act 1986 (c. 44) (promotion of the efficient use by

consumers of gas) 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.”.’.

S.C.C. Standing Committee Proceedings: 28th February 2006
32

Climate Change and Sustainable Energy Bill, continued

Promotion of reductions in carbon emissions: electricity distributors and suppliers

Malcolm Wicks

Added  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

Added  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

S.C.C. Standing Committee Proceedings: 28th February 2006
33

Climate Change and Sustainable Energy Bill, continued

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

Added  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
5
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;
10
(e)
production in their area of—

(i)
biomass, or

(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.
15
(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
20
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
25
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
30
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)—
35
(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