sc172802.34-40

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

S.C.C. Standing Committee Proceedings: 28th February 2006
34

Climate Change and Sustainable Energy Bill, continued

(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
40
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
45
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
50
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.
55
(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.
60
(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
65
(b)
approved by a resolution of each House.’.

As an Amendment to Mr Malcolm Wicks’s proposed New Clause (Parish councils and

community councils: powers in relation to local energy saving measures) (NC34):—

Mr Gregory Barker

Negatived  (a)

Line  26,  leave out paragraph 3(a).

Renewables obligation: issue of green certificates

Malcolm Wicks

Added  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”.

S.C.C. Standing Committee Proceedings: 28th February 2006
35

Climate Change and Sustainable Energy Bill, continued

(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);

S.C.C. Standing Committee Proceedings: 28th February 2006
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Climate Change and Sustainable Energy Bill, continued

(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)”.’.

Renewables obligation: issue of green certificates: further provisions

Malcolm Wicks

Added  NC36

To move the following Clause:—

‘(1)
In section 32 of the Electricity Act 1989 (c. 29) (obligation in connection with

energy from renewable sources), in subsection (5), after “supply” insert “or other

use”.

(2)
In section 32A(3) of that Act (orders under section 32: supplementary)—

(a)
omit “and” at the end of paragraph (a), and

(b)
after paragraph (b) insert “and

(c)
different provision in relation to generating stations of

different descriptions,”.’.

(3)
In section 116 of the Energy Act 2004 (c. 20) (issue of green certificates in Great

Britain), omit subsection (4)(b) (which amends section 32B(2)(a) of the

Electricity Act 1989 (c. 29)).

(4)
The requirements of section 32(7) of the Electricity Act 1989 (c. 29) (consultation

before making an order) may be satisfied in the case of an order containing

provision made by virtue of section (Renewables obligation: issue of green

certificates) or this section by consultation that took place wholly or partly before

the commencement of that section or this section.

(5)
The functions conferred by virtue of section (Renewables obligation: issue of

green certificates) and this section on the Secretary of State are not to be

exercisable by the Scottish Ministers, except in pursuance of an Order in Council

made after the passing of this Act under section 63 of the Scotland Act 1998

(c. 46).’.

Commencement

Malcolm Wicks

Added  NC37

To move the following Clause:—

‘(1)
Sections 1, (National targets for microgeneration), (National microgeneration

targets; modification of section 1 of the Sustainable Energy Act 2003), (Sale of

electricity generated by microgeneration: power to modify distribution and

S.C.C. Standing Committee Proceedings: 28th February 2006
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Climate Change and Sustainable Energy Bill, continued

supply licences etc), (Exercise of powers under section (Sale of electricity

generated by microgeneration: power to modify distribution and supply licences

etc)), (Functions of the Gas and Electricity Markets authority in relation to

microgeneration), (Review of permitted development orders), (Building

regulations: microgeneration), (Reduction of greenhouse gas emissions: report

regarding dynamic demand technologies), 9, (Parish councils and community

councils: powers in relation to local energy saving measures), (Renewable heat),

(Renewables obligation: issue of green certificates), (Renewables obligation:

issue of green certificates: further provisions) and (Adjustment of transmission

charges for electricity) come into force at the end of the period of two months

beginning with the day on which this Act is passed.

(2)
Sections 2, (Reports under section 1 of the Sustainable Energy Act 2003:

microgeneration), (Reports under section 1 of the Sustainable Energy Act 2003:

energy efficiency of residential accommodation) and (Reports under section 1 of

the Sustainable Energy Act 2003: community energy projects and renewable

heat) come into force on 1st January 2007.

(3)
Sections (Promotion of reductions in carbon emissions: electricity distributors

and suppliers), (Promotion of reductions in carbon emissions: gas transporters

and suppliers) and (Consequential amendments) come into force in accordance

with provision made by the Secretary of State by order.

(4)
The power of the Secretary of State to make an order under subsection (3)—

(a)
is exercisable by statutory instrument, and

(b)
includes power to make such transitory, transitional or saving provision

as the Secretary of State considers necessary or expedient.’.

Malcolm Wicks

Agreed to  13

Clause  11,  page  6,  leave out lines 4 and 5.

Mark Lazarowicz

Agreed to  28

Clause  11,  page  6,  leave out lines 8 to 10.

Mark Lazarowicz

Agreed to  29

Clause  11,  page  6,  leave out lines 15 to 17.

Clause, as amended, Agreed to.

Malcolm Wicks

Not selected  34

Page  6,  line  18,  leave out Clause 12.

Clause Disagreed to.

S.C.C. Standing Committee Proceedings: 28th February 2006
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Climate Change and Sustainable Energy Bill, continued

Clause 13 Agreed to.

Malcolm Wicks

Agreed to  36

Clause  14,  page  6,  line  41,  at end insert—

‘( )
Sections (Review of permitted development orders), (Building regulations:

microgeneration), 9, (Parish councils and community councils: powers in

relation to local energy saving measures) and (Renewable heat) extend to

England and Wales only.

( )
Sections (National targets for microgeneration), (National microgeneration

targets: modification of section 1 of the Sustainable Energy Act 2003), (Sale of

electricity generated by microgeneration: power to modify distribution and

supply licences etc), (Exercise of powers under section (Sale of electricity

generated by microgeneration: power to modify distribution and supply licences

etc)), (Functions of the Gas and Electricity Markets Authority in relation to

microgeneration), (Promotion of reductions in carbon emissions: electricity

distributors and suppliers), (Promotion of reductions in carbon emissions: gas

transporters and suppliers), (Consequential amendments), (Reduction of

greenhouse gas emissions: report regarding dynamic demand technologies),

(Renewables obligation: issue of green certificates), (Renewables obligation:

issue of green certificates: further provisions) and (Adjustment of transmission

charges for electricity) extend to England and Wales and Scotland only.’.

Malcolm Wicks

Agreed to  31

Clause  14,  page  6,  line  42,  leave out subsection (2).

Clause, as amended, Agreed to.

New schedule

Malcolm Wicks

Added  NS1

To move the following 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)

Gas Act 1986 (c. 44)

1
The Gas Act 1986 (c. 44) is amended as provided in paragraphs 2 and 3.

2    (1)
Section 33BC (promotion of the efficient use by consumers of gas) is amended

as follows.

      (2)
For the sidenote substitute “Promotion of reductions in carbon emissions: gas

transporters and gas suppliers”.

      (3)
In subsection (3), for “energy efficiency targets” substitute “carbon emissions

reduction targets”.

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Climate Change and Sustainable Energy Bill, continued

      (4)
In subsection (5)—

(a)
for “energy efficiency obligations”, in the first place it occurs,

substitute “carbon emissions reduction obligations”,

(b)
in paragraph (b), for “an energy efficiency target” substitute “a carbon

emissions reduction target”,

(c)
in paragraph (c), after “efficiency” insert “, increases in the amount of

electricity generated, or heat produced, by microgeneration or

otherwise using low-emissions sources or technologies or reductions

in energy consumption”,

(d)
in paragraphs (d) and (f), for “energy efficiency obligations” substitute

“carbon emissions reduction obligations”, and

(e)
in paragraph (e)—

(i)
in sub-paragraph (i), for “energy efficiency target” substitute

“carbon emissions reduction target”, and

(ii)
in sub-paragraph (ii), after “efficiency” insert “, increase in

the amount of electricity generated, or heat produced, by

microgeneration or otherwise using low-emissions sources or

technologies or reduction in energy consumption”.

      (5)
In subsection (6), for “energy efficiency obligation” substitute “carbon

emissions reduction obligation”.

      (6)
In subsection (7), for “energy efficiency target” in each of paragraphs (a), (b),

(d) and (e) substitute “carbon emissions reduction target”.

3
In section 33DA(1)(a)(ii) (publication of statistical information relating to

performance in respect of energy efficiency obligations), for “energy

efficiency obligations” substitute “carbon emissions reduction obligations”.

Electricity Act 1989 (c. 29)

4
The Electricity Act 1989 (c. 29) is amended as provided in paragraphs 5 and 6.

5    (1)
Section 41A (promotion of the efficient use by consumers of electricity) is

amended as follows.

      (2)
For the sidenote substitute “Promotion of reductions in carbon emissions:

electricity distributors and electricity suppliers”.

      (3)
In subsection (3), for “energy efficiency targets” substitute “carbon emissions

reduction targets”.

      (4)
In subsection (5)—

(a)
for “energy efficiency obligations”, in the first place it occurs,

substitute “carbon emissions reduction obligations”,

(b)
in paragraph (b), for “an energy efficiency target” substitute “a carbon

emissions reduction target”,

(c)
in paragraph (c), after “efficiency” insert “, increases in the amount of

electricity generated, or heat produced, by microgeneration or

otherwise using low-emissions sources or technologies or reductions

in energy consumption”,

(d)
in paragraphs (d) and (f), for “energy efficiency obligations” substitute

“carbon emissions reduction obligations”, and

(e)
in paragraph (e)—

(i)
in sub-paragraph (i), for “energy efficiency target” substitute

“carbon emissions reduction target”, and

(ii)
in sub-paragraph (ii), after “efficiency” insert “, increase in

the amount of electricity generated, or heat produced, by

microgeneration or otherwise using low-emissions sources or

technologies or reduction in energy consumption”.

S.C.C. Standing Committee Proceedings: 28th February 2006
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Climate Change and Sustainable Energy Bill, continued

      (5)
In subsection (6), for “energy efficiency obligation” substitute “carbon

emissions reduction obligation”.

      (6)
In subsection (7), for “energy efficiency target” in each of paragraphs (a), (b),

(d) and (e) substitute “carbon emissions reduction target”.

6
In section 42AA(1)(a)(ii) (publication of statistical information relating to

performance in respect of energy efficiency obligations), for “energy

efficiency obligations” substitute “carbon emissions reduction obligations”.

Utilities Act 2000 (c. 27)

7    (1)
Section 103 of the Utilities Act 2000 (c. 27) (overall energy efficiency targets)

is amended as follows.

      (2)
In the sidenote, for “energy efficiency targets” substitute “carbon emissions

reduction targets”.

      (3)
In subsection (1)—

(a)
in each of paragraphs (a) and (b), for “energy efficiency requirements

for” substitute “promotion of reductions in carbon emissions:”, and

(b)
for “improvements in energy efficiency” substitute “the measures

mentioned in subsection (2) of each of those sections”.

      (4)
In subsection (3), for “energy efficiency targets” substitute “carbon emissions

reduction targets”.’.

Malcolm Wicks

Agreed to  14

Title,  line  3,  leave out ‘introduction of a renewable heat obligation’ and insert ‘use of

heat produced from renewable sources’.

Malcolm Wicks

Agreed to  15

Title,  line  3,  after ‘obligation’ insert ‘and the adjustment of transmission charges for

electricity’.

Malcolm Wicks

Agreed to  37

Title,  line  3,  after ‘obligation’ insert ‘, the renewables obligation relating to the

generation and supply of electricity’.

Bill, as amended, to be reported.