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Climate Change and Sustainable Energy Bill


Climate Change and Sustainable Energy Bill

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19      

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

20      

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

 
 

Climate Change and Sustainable Energy Bill

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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)”.

21      

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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Climate Change and Sustainable Energy Bill

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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).

22      

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

23      

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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Climate Change and Sustainable Energy Bill

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25      

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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26      

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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