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Make
provision about the promotion of renewable and sustainable energy,
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energy efficiency in buildings
and the alleviation of fuel poverty; and for |
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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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1 |
Reports
regarding section 217 of the Housing Act 2004 |
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(1) |
The Secretary of State must,
in each calendar year, beginning with 2006, lay |
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before Parliament a report
on the progress made towards achieving the energy |
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efficiency targets set under
section 217 of the Housing Act 2004
(c. 34) (energy |
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efficiency of residential
accommodation: England). |
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(2) |
The report must specify the
impact of that progress on— |
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(a) |
reductions in emissions of
carbon dioxide; and |
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(b) |
the alleviation of fuel poverty. |
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(3) |
In this section “fuel
poverty” has the same meaning as in section 1 of the |
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Sustainable
Energy Act 2003 (c. 30). |
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2 |
Duty
to amend permitted development orders |
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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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criterion set out in subsection
(3) and the criterion set out in subsection (4). |
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(3) |
The first criterion is that
the source of energy or technology is one of the |
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20 |
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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 energy 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 for it to be classed as a |
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permitted development including
provision about appearance and noise. |
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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)— |
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(a) |
after subsection (1A) insert— |
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“(1B) |
It shall be the duty of
the Secretary of State, in exercising his |
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power
to make regulations under subsection (1), to have regard |
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to
the desirability of promoting the availability of |
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microgeneration
in new buildings; and |
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(b) |
after subsection (4) insert— |
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“(5) |
In this section ‘microgeneration’
has the same meaning as in |
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section
82 of the Energy Act 2004.” |
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(3) |
The Secretary of State shall
by order amend Regulation 16 of the Building |
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(Approved Inspectors etc)
Regulations 2000 (S.I. 2000/2532) to provide that the |
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energy rating of a dwelling
indicates the estimated amount of energy |
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generated by the building
expressed as a percentage of energy use for a typical |
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dwelling of the same type. |
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(4) |
The Secretary of State shall
by order designate a minimum point on this rating |
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as the standard for the operation
of regulations made under subsection (1B) of |
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(5) |
In this section “typical
dwelling of the same type” has the meaning to be |
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prescribed by regulations
made by the Secretary of State. |
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4 |
Dynamic
demand technologies |
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(1) |
Section 1 of the Sustainable
Energy Act 2003 (c. 30) is amended as follows. |
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(2) |
In subsection (1A), after
paragraph (c), insert— |
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“(d) |
the potential for carbon
saving that would in his opinion result |
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from
greater use of dynamic demand technologies; |
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(e) |
obstacles to the introduction
of such technologies; and |
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(f) |
measures he proposes to overcome
such obstacles.” |
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(3) |
After subsection (6), insert— |
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“(7) |
In this section, ‘dynamic
demand technologies’ means those |
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technologies
that have the ability to adjust their electricity consumption
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or
putput according to instantaneous power imbalances on the national
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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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6 |
Short
title, commencement and extent |
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(1) |
This Act may be cited as
the Management of Energy in Buildings Act 2005. |
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(2) |
This Act shall come into
force at the end of two months beginning with the day |
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(3) |
Sections 1 to 3 extend to
England and Wales only. |
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