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19 | Reports under section 1 of the Sustainable Energy Act 2003: community |
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energy projects and renewable heat |
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In section 1(1A) of the Sustainable Energy Act 2003 (c. 30) (annual reports on |
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progress towards sustainable energy aims)— |
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(a) | at the end of paragraph (b) insert— |
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“(ba) | things done during that period pursuant to section 16 of |
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the Climate Change and Sustainable Energy Act 2006 for |
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the purpose of promoting community energy projects; |
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(bb) | things done during that period pursuant to section 18 of |
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that Act for the purpose of promoting the use of heat |
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produced from renewable sources;”, and |
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(b) | in paragraph (c), after “sections 2 and 3” insert “of this Act”. |
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Electricity from renewable sources |
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20 | Renewables obligation: issue of green certificates |
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(1) | Section 32B of the Electricity Act 1989 (c. 29) (green certificates) is amended as |
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(2) | In subsection (1), at the end insert “or, if the order so provides, to a person of |
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any other description specified in the order”. |
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(3) | In subsection (1A), at the end add “or, if the order provides that a certificate |
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may certify the matters within subsection (2ZA), (2AA), (2AB) or (2AC), the |
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matters within that subsection”. |
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(4) | In subsections (2) and (2A), for “to an electricity supplier or to a Northern |
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Ireland supplier,” substitute “otherwise than to the operator of a generating |
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(5) | After subsection (2) insert— |
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“(2ZA) | The matters within this subsection are— |
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(a) | that two or more generating stations have, between them, |
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generated from renewable sources the amount of electricity |
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stated in the certificate; and |
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(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).” |
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(6) | After subsection (2A) insert— |
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“(2AA) | The matters within this subsection are— |
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(a) | that two or more generating stations have, between them, |
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generated from renewable sources the amount of electricity |
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stated in the certificate; |
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(b) | that none of them is a generating station mentioned in Article |
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54(1) of the Energy (Northern Ireland) Order 2003; and |
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(c) | that the electricity has been supplied to customers in Northern |
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(2AB) | The matters within this subsection are— |
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(a) | that the generating station, or, in the case of a certificate issued |
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otherwise than to the operator of a generating station, a |
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generating station specified in the certificate, has generated |
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from renewable sources the amount of electricity stated in the |
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(b) | that the electricity has been used in a permitted way. |
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(2AC) | The matters within this subsection are— |
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(a) | that two or more generating stations have, between them, |
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generated from renewable sources the amount of electricity |
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stated in the certificate; and |
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(b) | that the electricity has been used in a permitted way. |
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(2AD) | For the purposes of subsections (2AB) and (2AC), electricity generated |
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by a generating station, or generating stations, of any description is |
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used in a permitted way if— |
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(a) | it is used in one of the ways mentioned in subsection (2AE); and |
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(b) | that way is specified in the order as a permitted way— |
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(i) | in relation to all generating stations, or |
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(ii) | in relation to generating stations of that description. |
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(a) | being consumed by the operator of the generating station or |
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generating stations by which it was generated; |
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(b) | being provided to a distribution system or a transmission |
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system in circumstances in which its supply to customers |
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(c) | being used, as respects part, as mentioned in paragraph (a) and, |
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as respects the remainder, as mentioned in paragraph (b); |
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(d) | being used, as respects part, as mentioned in paragraph (a), (b) |
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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 |
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(7) | In subsection (2B), after “(2A)” insert “or (2AA)”. |
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(8) | In subsection (3), after “(2)” insert “or (2ZA)”. |
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(9) | In subsection (4), after “subsection (2A)” insert “or any of subsections (2AA) to |
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21 | Renewables obligation: issue of green certificates: further provisions |
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(1) | In section 32 of the Electricity Act 1989 (c. 29) (obligation in connection with |
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energy from renewable sources), in subsection (5), after “supply” insert “or |
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(2) | In section 32A(3) of that Act (orders under section 32: supplementary)— |
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(a) | omit “and” at the end of paragraph (a), and |
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(b) | after paragraph (b) insert “and |
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(c) | different provision in relation to generating stations of |
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different descriptions,”. |
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(3) | In section 116 of the Energy Act 2004 (c. 20) (issue of green certificates in Great |
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Britain), omit subsection (4)(b) (which amends section 32B(2)(a) of the |
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(4) | The requirements of section 32(7) of the Electricity Act 1989 (consultation |
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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 |
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place wholly or partly before the commencement of that section or this section. |
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(5) | The functions conferred by virtue of section 20 and this section on the Secretary |
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of State are not to be exercisable by the Scottish Ministers, except in pursuance |
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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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22 | Adjustment of transmission charges for electricity |
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(1) | Section 185 of the Energy Act 2004 (c. 20) (adjustment of transmission charges) |
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is amended as provided in subsections (2) to (4). |
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(2) | In subsection (1)(a), for “of Great Britain” substitute “in Great Britain”. |
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(3) | After subsection (3) insert— |
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“(3A) | If subsection (1) is satisfied in the case of two or more separate areas in |
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Great Britain, an order under this section may relate to both, or all, of |
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(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 |
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subsections (2), (3) and (10) to the area to which the scheme established |
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by the order relates (however expressed) were references to the |
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(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”. |
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(5) | Subsection (7) of section 185 may be satisfied in relation to any order to be |
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made under that section after the commencement of this section by |
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publications and consultation taking place wholly or partly before that |
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Miscellaneous and final provisions |
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“fuel poverty” shall be construed in accordance with the provisions of |
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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 |
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“public authority” has the same meaning as in section 6 of the Human |
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There shall be paid out of money provided by Parliament— |
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(a) | any expenditure incurred by a Minister of the Crown by virtue of this |
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(b) | any increase attributable to this Act in the sums payable out of money |
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so provided under any other enactment. |
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(1) | Sections 1, 3, 4, 6 to 10, 15 to 18 and 20 to 22 come into force at the end of the |
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period of two months beginning with the day on which this Act is passed. |
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(2) | Sections 2, 5, 11 and 19 come into force on 1st January 2007. |
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(3) | Sections 12 to 14 come into force in accordance with provision made by the |
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Secretary of State by order. |
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(4) | The power of the Secretary of State to make an order under subsection (3)— |
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(a) | is exercisable by statutory instrument, and |
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(b) | includes power to make such transitory, transitional or saving |
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provision as the Secretary of State considers necessary or expedient. |
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26 | Short title and extent |
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(1) | This Act may be cited as the Climate Change and Sustainable Energy Act 2006. |
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(2) | Sections 9, 10 and 16 to 18 extend to England and Wales only. |
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(3) | Sections 3, 4, 6 to 8, 12 to 15 and 20 to 22 extend to England and Wales and |
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