Climate Change and Sustainable Energy Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Climate Change and Sustainable Energy Bill

Climate Change and Sustainable Energy Bill
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(a)
measures for improving energy efficiency, that is to say,
efficiency in the use by consumers of electricity, gas conveyed
through pipes or any other source of energy which is specified
in the order;
(b)
if the order so provides—
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(i)
measures for increasing the amount of electricity
generated, or heat produced, by microgeneration;
(ii)
any other measures of a description specified in the
order for increasing the amount of electricity generated,
or heat produced, using low-emissions sources or
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technologies;
(iii)
measures for reducing the consumption of such energy
as is mentioned in paragraph (a).”
(4)
After subsection (12), add—
“(13)
In this section “microgeneration” and “plant” have the same meanings
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as in section 82 of the Energy Act 2004 (Secretary of State’s strategy for
promotion of microgeneration).
(14)
For the purposes of subsection (2)(b)(ii), electricity is generated, or heat
is produced, using low-emissions sources or technologies if it is
generated, or produced, by plant which relies wholly or mainly on a
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source of energy or a technology mentioned in subsection (7) of section
82 of the Energy Act 2004.”
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Promotion of reductions in carbon emissions: electricity distributors and
suppliers
(1)
Section 41A of the Electricity Act 1989 (c. 29) (promotion of the efficient use by
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consumers of electricity) is amended as follows.
(2)
In subsection (1)—
(a)
for “energy efficiency target” substitute “carbon emissions reduction
target”, and
(b)
for “an “energy efficiency obligation”” substitute “a “carbon emissions
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reduction obligation””.
(3)
For subsection (2) substitute—
“(2)
In this section “carbon emissions reduction target” means a target for
the promotion of—
(a)
measures for improving energy efficiency, that is to say,
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efficiency in the use by consumers of electricity, gas conveyed
through pipes or any other source of energy which is specified
in the order;
(b)
if the order so provides—
(i)
measures for increasing the amount of electricity
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generated, or heat produced, by microgeneration;
(ii)
any other measures of a description specified in the
order for increasing the amount of electricity generated,
or heat produced, using low-emissions sources or
technologies;
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(iii)
measures for reducing the consumption of such energy
as is mentioned in paragraph (a).”

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(4)
After subsection (12), add—
“(13)
In this section “microgeneration” and “plant” have the same meanings
as in section 82 of the Energy Act 2004 (Secretary of State’s strategy for
promotion of microgeneration).
(14)
For the purposes of subsection (2)(b)(ii), electricity is generated, or heat
5
is produced, using low-emissions sources or technologies if it is
generated, or produced, by plant which relies wholly or mainly on a
source of energy or a technology mentioned in subsection (7) of section
82 of the Energy Act 2004.”
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Consequential amendments
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The Schedule (which makes amendments consequential on sections 12 and 13)
has effect.
Dynamic demand technologies
15
Reduction of greenhouse gas emissions: report regarding dynamic demand
technologies
15
(1)
The Secretary of State must, not later than 12 months after this section comes
into force, publish a report on the contribution that is capable of being made by
dynamic demand technologies to reducing emissions of greenhouse gases in
Great Britain.
(2)
The report must state the view of the Secretary of State as to whether it is
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appropriate to take any steps to promote the use of such technologies, and, if it
is, what those steps are.
(3)
In forming the view mentioned in subsection (2) the Secretary of State must
have regard, in particular, to any matters which would prohibit or inhibit the
use of any dynamic demand technology in any circumstance in which its use
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could be expected to make a contribution to reducing emissions of greenhouse
gases in Great Britain; and the report must state the matters to which he has
had regard.
(4)
In this section—
“dynamic demand technology” means any technology which enables—
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(a)
the consumption of electricity, at a particular time, by a device
connected to a network, or
(b)
the generation of electricity, at a particular time, by an
electricity microgenerating system connected to a network,
to be controlled or adjusted automatically by reference to, or matters
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relating to, the frequency of alternating current on the network at that
time;
“electricity microgenerating system” has the same meaning as in section 3;
“greenhouse gases” has the same meaning as in section 2;
“network” means a distribution system (within the meaning of Part 1 of
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the Electricity Act 1989 (c. 29)) or a transmission system (within the
meaning of that Part).

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Community energy and renewable heat
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Promotion of community energy schemes
(1)
It shall be the duty of the Secretary of State to take such steps as he considers
appropriate to promote community energy projects.
(2)
In the exercise of his duty under subsection (1), the Secretary of State shall have
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regard to the desirability of promoting—
(a)
schemes whose purpose or effect is the promotion of community
energy projects,
(b)
investment by others in such schemes and community energy projects,
and
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(c)
the provision of advice and assistance (whether by public authorities or
any other persons) to persons establishing and operating, or proposing
to establish and operate, community energy projects.
(3)
In this section—
“community energy project” means—
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(a)
the use of relevant plant for a community purpose,
(b)
the installation of relevant plant for use for a community
purpose, or
(c)
the adaptation of any plant for use as relevant plant for a
community purpose;
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“community purpose” means the purpose of—
(a)
generating electricity for consumption wholly or mainly in
qualifying premises, or
(b)
producing heat for use wholly or mainly for heating qualifying
premises;
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“plant” includes any equipment, apparatus or appliance;
“premises” means any building or buildings (and for this purpose
“building” includes part of a building);
“qualifying premises” means premises which—
(a)
are used wholly or mainly for purposes other than carrying on
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a trade, business or profession, and
(b)
in the case of premises which consist wholly or mainly of a
dwelling or dwellings, contain at least five dwellings;
“relevant plant” means any plant which—
(a)
in generating electricity or (as the case may be) producing heat,
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relies wholly or mainly on a source of energy or a technology
mentioned in section 82(7) of the Energy Act 2004 (c. 20)
(microgeneration), and
(b)
satisfies the condition in subsection (4).
(4)
Plant satisfies the condition in this subsection if its capacity does not exceed—
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(a)
in the case of plant for the generation of electricity, 20 megawatts, and
(b)
in the case of plant for the production of heat, 100 megawatts thermal.

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Parish councils and community councils: powers in relation to local energy
saving measures
(1)
A parish council or community council may encourage or promote any of the
following—
(a)
microgeneration within their area;
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(b)
the use within their area of electricity generated, or heat produced, by
microgeneration;
(c)
efficiency in the use, by persons in their area, of electricity, heat, gas,
fuel and other descriptions or sources of energy;
(d)
reductions in the amounts of such energy, or sources of energy, used by
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persons in their area;
(e)
production in their area of—
(i)
biomass, or
(ii)
any fuel derived from biomass;
(f)
use in their area of, or of electricity generated, or heat produced, from
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biomass or any such fuel.
(2)
The power conferred by subsection (1) includes, in particular, power—
(a)
on application, to provide information about goods or services
available within their area offered or provided otherwise than by a
person mentioned in section 142(1) of the Local Government Act 1972
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(c. 70) (provision of information, etc, relating to matters affecting local
government), or
(b)
to provide advice or assistance,

for the purpose of encouraging or facilitating any of the matters mentioned in
that subsection.
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(3)
Nothing in this section authorises a parish council or community council to
provide any financial assistance by—
(a)
making a grant or loan,
(b)
giving a guarantee or indemnity, or
(c)
investing by acquiring share or loan capital.
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(4)
The power conferred by this section is exercisable by a council only to the
extent that they do not (apart from this section or section 137 of the Local
Government Act 1972 (power of local authorities to incur expenditure for
certain purposes not otherwise authorised)) otherwise have the power.
(5)
For the purposes of subsections (4) to (7B) of section 137 of the Local
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Government Act 1972—
(a)
any expenditure incurred by a parish council or community council
under this section is to be treated as having been incurred under that
section, and
(b)
any purpose for which expenditure may be incurred under this section
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is to be treated as a purpose for which such a council are authorised by
that 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 on
information as to the services provided by them under this section, or
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otherwise relating to their functions under this section, as it applies to
expenditure incurred under this section.

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(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
greenhouse gases in England and Wales;
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(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.
(9)
The power conferred by subsection (7) includes—
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(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.
(10)
The power of the Secretary of State to make an order under subsection (7) is
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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
(b)
approved by a resolution of each House.
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Renewable heat
(1)
It shall be the duty of the Secretary of State to take such steps as he considers
appropriate to promote the use of heat produced from renewable sources.
(2)
For the purposes of subsection (1), heat produced by any plant is produced
from renewable sources to the extent that the plant is fuelled by renewable
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sources.
(3)
The steps which the Secretary of State may take for the purposes of subsection
(1) include, in particular, steps for the purpose of promoting—
(a)
the installation of plant which is or may be fuelled by renewable
sources,
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(b)
the adaptation of plant so as to enable it to be fuelled by renewable
sources, or
(c)
the production of heat by plant which is fuelled partly by renewable
sources and partly by other sources.
(4)
In this section—
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“fossil fuel” means coal, substances produced directly or indirectly from
coal, lignite, natural gas, crude liquid petroleum, or petroleum
products (and “natural gas” and “petroleum products” have the same
meanings as in the Energy Act 1976 (c. 76));
“plant” includes any equipment, apparatus or appliance;
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“renewable sources” means sources of energy other than fossil fuel or
nuclear fuel.