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Amendment Paper as at
Friday 10th March 2006

CONSIDERATION OF BILL


New Amendments handed in are marked thus *

CLIMATE CHANGE AND SUSTAINABLE ENERGY BILL, AS AMENDED

NEW CLAUSES

Local authorities: duty to consider measures to alleviate climate change and fuel poverty

   

Mr Peter Ainsworth
Gregory Barker
Norman Baker

NC1

To move the following Clause:—

    '(1)   Every local authority shall, after having regard to any guidance issued by the Secretary of State, within twelve months of the passing of this Act consider how the measures specified in this section can assist the authority in the discharge of its functions relating to—

      (a) reducing emissions of the greenhouse gases; and

      (b) alleviating fuel poverty.

    (2)   The measures specified in this section are—

      (a) energy efficiency;

      (b) renewable energy;

      (c) low carbon energy; and

      (d) microgeneration.

    (3)   Every local authority may repeat that consideration at such intervals as it may determine.

    (4)   Every local authority may draw up, and thereafter revise as it sees fit, a report on measures to promote microgeneration.

    (5)   Every local authority may take measures that it sees fit and are within its powers to promote microgeneration.

    (6)   In this section "local authority" means a district council, a borough council, a London borough council, a county council or unitary authority.'.

As an Amendment to Mr Peter Ainsworth's proposed New Clause (Local authorities: duty to consider measures to alleviate climate change and fuel poverty) (NC1):—

   

Mr Eric Forth

(a)

Line     5,     leave out from 'gases' to end of line 6.


Extension of section [Local authorities: duty to consider measures to alleviate climate change and fuel poverty] to Scotland and Northern Ireland

   

Mr Peter Ainsworth
Gregory Barker
Norman Baker

NC2

To move the following Clause:—

    '(1)   Section [Local authorities: duty to consider measures to alleviate climate change and fuel poverty] shall apply to local authorities in Scotland and Northern Ireland if the relevant devolved assembly so resolves.

    (2)   In this section "relevant devolved assembly" means—

      (a) in relation to Scotland, the Scottish Parliament;

      (b) in relation to Northern Ireland, the Northern Ireland Assembly.'.


Annual report on energy production

   

Mr Christopher Chope

NC3

To move the following Clause:—

    'It shall be the duty of the Secretary of State in the course of each calendar year to lay before Parliament a report on the amount of energy consumed in the previous calendar year in the United Kingdom which was produced by—

      (a) those sources of energy mentioned in section 82 (7) of the Energy Act 2004 (c. 20) (microgeneration);

      (b) nuclear energy;

      (c) fossil fuels.'.


Local authorities to have regard to information on energy measures in exercising functions

   

Malcolm Wicks

NC4

To move the following Clause:—

    '(1)   The Secretary of State—

      (a) must, not later than 12 months after this section comes into force, publish an energy measures report, and

      (b) may from time to time publish revised energy measures reports.

    (2)   Every local authority must, in exercising any of their functions, have regard to the most recently published energy measures report (if any).

    (3)   In this section, "energy measures report" means a document containing information on local authority measures which would or might in the opinion of the Secretary of State have any of the following effects—

      (a) improving efficiency in the use of electricity, heat, gas, fuel and other descriptions or sources of energy;

      (b) increasing the amount of electricity generated, or heat produced, by microgeneration or otherwise by plant which relies wholly or mainly on low-emissions sources or technologies;

      (c) reducing emissions of greenhouse gases;

      (d) reducing the number of households in which one or more persons are living in fuel poverty.

    (4)   In subsection (3)—

        "local authority measure" means any way in which a local authority can exercise any of their functions, including—

      (a) taking any particular step in the exercise of a function, or

      (b) not exercising a particular power;

        "low-emissions source or technology" means a source of energy or a technology mentioned in subsection (2) of section 23.

    (5)   Before publishing an energy measures report (or a revised energy measures report), the Secretary of State must consult the National Assembly for Wales and—

      (a) such representatives of local government, and

      (b) such other persons (if any),

    as he considers appropriate.

    (6)   In this section, "local authority" means any of the following—

      (a) a county council;

      (b) a county borough council;

      (c) a district council;

      (d) a London borough council;

      (e) the Common Council of the City of London in their capacity as a local authority;

      (f) the Council of the Isles of Scilly;

      (g) a parish council;

      (h) a community council.'.

As an Amendment to Malcolm Wicks's proposed New Clause (Local authorities to have regard to information on energy measures exercising functions) (NC4):—

   

Mr Eric Forth

(a)

*Line     16,     leave out paragraph (d).


Building regulations relating to emissions and use of fuel and power: time limit for prosecutions

   

Malcolm Wicks

NC5

To move the following Clause:—

    '(1)   After section 35 of the Building Act 1984 (c.55) insert—

          "35A   Time limit for prosecution for contravention of certain building regulations

          (1)   Despite anything in section 127(1) of the Magistrates' Courts Act 1980 (c.43), an information relating to a relevant offence may be tried by a magistrates' court if it is laid at any time—

          (a) within the period of two years beginning with the day on which the offence was committed, and

          (b) within the period of six months beginning with the relevant date.

          (2)   In subsection (1) above, "relevant offence" means a contravention of a provision contained in building regulations which is designated in the regulations as one to which this section applies.

          (3)   A provision may be designated under subsection (2) above if, and only if—

          (a) it was made—

          (i) for the purpose of furthering the conservation of fuel and power or otherwise in connection with the use of fuel and power, or

          (ii) for the purpose of reducing emissions of greenhouse gases (within the meaning of the Climate Change and Sustainable Energy Act 2006), and

          (b) contravention of the provision would be an offence under section 35 above.

          (4)   In subsection (1)(b) above, "the relevant date" means the date on which evidence sufficient to justify the proceedings comes to the knowledge of the person commencing the proceedings.

          (5)   In the case of proceedings commenced by a local authority—

          (a) evidence is to be regarded for the purposes of subsection (4) above as sufficient to justify the proceedings if in the opinion of the proper officer or an authorised officer it is sufficient to justify the proceedings, and

          (b) a certificate of the proper officer or, as the case may be, that authorised officer as to the date on which evidence which, in his opinion, was sufficient to justify the proceedings came to the knowledge of the person commencing the proceedings is to be conclusive evidence of that fact.

          (6)   Subsection (1) above does not apply in relation to a contravention of any provision contained in building regulations which was committed before that provision was designated under subsection (2) above."

    (2)   In section 53 of that Act (effect of initial notice ceasing to be in force), after subsection (6) insert—

          "(6A)   Subsection (6) above is without prejudice to any ability which, after that function has become exercisable, the local authority may have under section 35A above to commence proceedings for the offence after the end of that period of six months." '.


Building regulations relating to emissions and use of fuel and power: report regarding compliance

   

Malcolm Wicks

NC6

To move the following Clause:—

    '(1)   The Secretary of State—

      (a) must, not later than 6 months after this section comes into force, lay before Parliament a report as mentioned in subsection (2), and

      (b) may from time to time lay further such reports before Parliament.

    (2)   A report under this section is a report on what, if any, steps—

      (a) he has taken during the reporting period, or

      (b) he proposes to take,

    with a view to securing a greater incidence of compliance with relevant provisions of building regulations.

    (3)   In this section—

        "reporting period" means the period specified in the report as the period to which the report relates;

        "relevant provision", in relation to building regulations, means a provision of building regulations which is in force at any time during the reporting period and which, in the opinion of the Secretary of State, was made—

      (c) for the purpose of furthering the conservation of fuel and power, or otherwise in connection with the use of fuel and power, or

      (d) for the purpose of reducing emissions of greenhouse gases.'.


   

Mr Christopher Chope

22

Page     1,     line     4     [Clause     1],     leave out 'contribution' and insert 'and European Union contributions'.

   

Mr Eric Forth

2

Page     1,     line     8     [Clause     1],     leave out paragraph (b).

 
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