Climate Change and Sustainable Energy Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Climate Change and Sustainable Energy Bill

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Reports under section 1 of the Sustainable Energy Act 2003: community
energy projects and renewable heat
In section 1(1A) of the Sustainable Energy Act 2003 (c. 30) (annual reports on
progress towards sustainable energy aims)—
(a)
at the end of paragraph (b) insert—
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“(ba)
things done during that period pursuant to section 16 of
the Climate Change and Sustainable Energy Act 2006 for
the purpose of promoting community energy projects;
(bb)
things done during that period pursuant to section 18 of
that Act for the purpose of promoting the use of heat
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produced from renewable sources;”, and
(b)
in paragraph (c), after “sections 2 and 3” insert “of this Act”.
Electricity from renewable sources
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Renewables obligation: issue of green certificates
(1)
Section 32B of the Electricity Act 1989 (c. 29) (green certificates) is amended as
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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
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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—
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“(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
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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
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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.
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(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

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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,
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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
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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.
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(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
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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
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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
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(2AC)”.
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Renewables obligation: issue of green certificates: further provisions
(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”.
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(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,”.
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(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).
(4)
The requirements of section 32(7) of the Electricity Act 1989 (consultation
before making an order) may be satisfied in the case of an order containing
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provision made by virtue of section 20 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 20 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
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the Scotland Act 1998 (c. 46).
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Adjustment of transmission charges for electricity
(1)
Section 185 of the Energy Act 2004 (c. 20) (adjustment of transmission charges)
is amended as provided in subsections (2) to (4).
(2)
In subsection (1)(a), for “of Great Britain” substitute “in Great Britain”.
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(3)
After subsection (3) insert—
“(3A)
If subsection (1) is satisfied in the case of two or more separate areas in
Great Britain, an order under this section may relate to both, or all, of
those areas.
(3B)
This section has effect in relation to an order which, by virtue of
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subsection (3A), relates to two or more areas as if references in
subsections (2), (3) and (10) to the area to which the scheme established
by the order relates (however expressed) were references to the
combined area.”
(4)
In subsection (11), for “more than ten years after the commencement of this
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section” substitute “later than 4 October 2024”.
(5)
Subsection (7) of section 185 may be satisfied in relation to any order to be
made under that section after the commencement of this section by
publications and consultation taking place wholly or partly before that
commencement.
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Miscellaneous and final provisions
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Interpretation
In this Act—
“fuel poverty” shall be construed in accordance with the provisions of
section 1 of the Warm Homes and Energy Conservation Act 2000 (c. 31);
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“microgeneration” has the meaning given by section 82 of the Energy Act
2004;
“public authority” has the same meaning as in section 6 of the Human
Rights Act 1998 (c. 42);
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Expenses
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There shall be paid out of money provided by Parliament—
(a)
any expenditure incurred by a Minister of the Crown by virtue of this
Act; and
(b)
any increase attributable to this Act in the sums payable out of money
so provided under any other enactment.
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Commencement
(1)
Sections 1, 3, 4, 6 to 10, 15 to 18 and 20 to 22 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, 5, 11 and 19 come into force on 1st January 2007.
(3)
Sections 12 to 14 come into force in accordance with provision made by the
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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.
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Short title and extent
(1)
This Act may be cited as the Climate Change and Sustainable Energy Act 2006.
(2)
Sections 9, 10 and 16 to 18 extend to England and Wales only.
(3)
Sections 3, 4, 6 to 8, 12 to 15 and 20 to 22 extend to England and Wales and
Scotland only.
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