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| Climate Change and Sustainable Energy Bill, As Amended
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| | Local authorities: duty to consider measures to alleviate climate change and fuel poverty |
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| To move the following Clause:— |
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| | ‘(1) | Every local authority shall, after having regard to any guidance issued by the |
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| | Secretary of State, within twelve months of the passing of this Act consider how |
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| | the measures specified in this section can assist the authority in the discharge of |
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| | its functions relating to— |
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5 | | (a) | reducing emissions of the greenhouse gases; and |
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| | (b) | alleviating fuel poverty. |
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| | (2) | The measures specified in this section are— |
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10 | | (c) | low carbon energy; and |
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| | (3) | Every local authority may repeat that consideration at such intervals as it may |
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| | (4) | Every local authority may draw up, and thereafter revise as it sees fit, a report on |
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15 | | measures to promote microgeneration. |
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| | (5) | Every local authority may take measures that it sees fit and are within its powers |
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| | to promote microgeneration. |
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| | (6) | In this section “local authority” means a district council, a borough council, a |
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| | London borough council, a county council or unitary authority.’. |
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| | As an Amendment to Mr Peter Ainsworth’s proposed New Clause (Local authorities: |
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| | duty to consider measures to alleviate climate change and fuel poverty) (NC1):— |
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| Line 5, leave out from ‘gases’ to end of line 6. |
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| | Extension of section [Local authorities: duty to consider measures to alleviate climate |
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| | change and fuel poverty] to Scotland and Northern Ireland |
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| To move the following Clause:— |
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| | ‘(1) | Section [Local authorities: duty to consider measures to alleviate climate change |
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| | and fuel poverty] shall apply to local authorities in Scotland and Northern Ireland |
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| | if the relevant devolved assembly so resolves. |
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| | (2) | In this section “relevant devolved assembly” means— |
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| | (a) | in relation to Scotland, the Scottish Parliament; |
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| | (b) | in relation to Northern Ireland, the Northern Ireland Assembly.’. |
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| | Annual report on energy production |
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| To move the following Clause:— |
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| | ‘It shall be the duty of the Secretary of State in the course of each calendar year |
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| | to lay before Parliament a report on the amount of energy consumed in the |
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| | previous calendar year in the United Kingdom which was produced by— |
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| | (a) | those sources of energy mentioned in section 82 (7) of the Energy Act |
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| | 2004 (c. 20) (microgeneration); |
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| | Local authorities to have regard to information on energy measures in exercising |
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| To move the following Clause:— |
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| | ‘(1) | The Secretary of State— |
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| | (a) | must, not later than 12 months after this section comes into force, publish |
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| | an energy measures report, and |
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| | (b) | may from time to time publish revised energy measures reports. |
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| | (2) | Every local authority must, in exercising any of their functions, have regard to the |
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| | most recently published energy measures report (if any). |
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| | (3) | In this section, “energy measures report” means a document containing |
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| | information on local authority measures which would or might in the opinion of |
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| | the Secretary of State have any of the following effects— |
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| | (a) | improving efficiency in the use of electricity, heat, gas, fuel and other |
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| | descriptions or sources of energy; |
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| | (b) | increasing the amount of electricity generated, or heat produced, by |
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| | microgeneration or otherwise by plant which relies wholly or mainly on |
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| | low-emissions sources or technologies; |
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| | (c) | reducing emissions of greenhouse gases; |
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| | (d) | reducing the number of households in which one or more persons are |
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| | “local authority measure” means any way in which a local authority can |
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| | exercise any of their functions, including— |
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| | (a) | taking any particular step in the exercise of a function, or |
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| | (b) | not exercising a particular power; |
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| | “low-emissions source or technology” means a source of energy or a |
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| | technology mentioned in subsection (2) of section 23. |
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| | (5) | Before publishing an energy measures report (or a revised energy measures |
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| | report), the Secretary of State must consult the National Assembly for Wales |
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| | (a) | such representatives of local government, and |
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| | (b) | such other persons (if any), |
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| | | as he considers appropriate. |
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| | (6) | In this section, “local authority” means any of the following— |
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| | (b) | a county borough council; |
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| | (d) | a London borough council; |
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| | (e) | the Common Council of the City of London in their capacity as a local |
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| | (f) | the Council of the Isles of Scilly; |
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| | (h) | a community council.’. |
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| | As an Amendment to Malcolm Wicks’s proposed New Clause (Local authorities to |
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| | have regard to information on energy measures in exercising functions) (NC4):— |
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| Line 16, leave out paragraph (d). |
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| | Building regulations relating to emissions and use of fuel and power: time limit for |
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| | Read a second time on division NC5 |
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| To move the following Clause:— |
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| | ‘(1) | After section 35 of the Building Act 1984 (c. 55) insert— |
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| | “35A | Time limit for prosecution for contravention of certain building |
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| | (1) | Despite anything in section 127(1) of the Magistrates’ Courts Act 1980 |
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| | (c. 43), an information relating to a relevant offence may be tried by a |
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| | magistrates’ court if it is laid at any time— |
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| | (a) | within the period of two years beginning with the day on which |
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| | the offence was committed, and |
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| | (b) | within the period of six months beginning with the relevant date. |
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| | (2) | In subsection (1) above, “relevant offence” means a contravention of a |
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| | provision contained in building regulations which is designated in the |
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| | regulations as one to which this section applies. |
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| | (3) | A provision may be designated under subsection (2) above if, and only |
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| | (i) | for the purpose of furthering the conservation of fuel and |
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| | power or otherwise in connection with the use of fuel |
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| | (ii) | for the purpose of reducing emissions of greenhouse |
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| | gases (within the meaning of the Climate Change and |
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| | Sustainable Energy Act 2006), and |
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| | (b) | contravention of the provision would be an offence under section |
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| | (4) | In subsection (1)(b) above, “the relevant date” means the date on which |
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| | evidence sufficient to justify the proceedings comes to the knowledge of |
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| | the person commencing the proceedings. |
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| | (5) | In the case of proceedings commenced by a local authority— |
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| | (a) | evidence is to be regarded for the purposes of subsection (4) |
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| | above as sufficient to justify the proceedings if in the opinion of |
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| | the proper officer or an authorised officer it is sufficient to justify |
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| | (b) | a certificate of the proper officer or, as the case may be, that |
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| | authorised officer as to the date on which evidence which, in his |
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| | opinion, was sufficient to justify the proceedings came to the |
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| | knowledge of the person commencing the proceedings is to be |
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| | conclusive evidence of that fact. |
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| | (6) | Subsection (1) above does not apply in relation to a contravention of any |
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| | provision contained in building regulations which was committed before |
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| | that provision was designated under subsection (2) above.” |
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| | (2) | In section 53 of that Act (effect of initial notice ceasing to be in force), after |
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| | “(6A) | Subsection (6) above is without prejudice to any ability which, after that |
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| | function has become exercisable, the local authority may have under |
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| | section 35A above to commence proceedings for the offence after the end |
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| | of that period of six months.” ’. |
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| | Building regulations relating to emissions and use of fuel and power: report regarding |
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| To move the following Clause:— |
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| | ‘(1) | The Secretary of State— |
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| | (a) | must, not later than 6 months after this section comes into force, lay |
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| | before Parliament a report as mentioned in subsection (2), and |
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| | (b) | may from time to time lay further such reports before Parliament. |
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| | (2) | A report under this section is a report on what, if any, steps— |
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| | (a) | he has taken during the reporting period, or |
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| | | with a view to securing a greater incidence of compliance with relevant |
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| | provisions of building regulations. |
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| | “reporting period” means the period specified in the report as the period to |
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| | which the report relates; |
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| | “relevant provision”, in relation to building regulations, means a provision |
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| | of building regulations which is in force at any time during the reporting |
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| | period and which, in the opinion of the Secretary of State, was made— |
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| | (c) | for the purpose of furthering the conservation of fuel and power, |
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| | or otherwise in connection with the use of fuel and power, or |
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| | (d) | for the purpose of reducing emissions of greenhouse gases.’. |
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| Page 1, line 4 [Clause 1], leave out ‘contribution’ and insert ‘and European Union |
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| Page 1, line 8 [Clause 1], leave out paragraph (b). |
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| Page 1, line 10 [Clause 1], at end insert ‘and |
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| | ‘(d) | the desirability of securing United Kingdom and European Union self- |
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| | sufficiency in energy supply.’. |
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| Page 2, line 3 [Clause 2], leave out ‘in the course of each calendar year’ and insert |
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| Page 2, line 5 [Clause 2], leave out ‘calendar year’ and insert ‘three years’. |
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| Page 2, line 6 [Clause 2], after ‘reduce’, insert ‘their’. |
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| Page 2, line 7 [Clause 2], after ‘Kingdom’, insert ‘and the European Union’. |
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| Page 2, line 8 [Clause 2], leave out ‘previous calendar year’ and insert ‘three most |
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| recent years for which information is available’. |
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| Page 2, line 8 [Clause 2], leave out ‘calendar year’ and insert ‘three years’. |
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| Page 2, line 9 [Clause 2], leave out ‘that level recorded during that year’ and insert |
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| ‘those levels recorded during those years,’. |
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| Page 2, line 9 [Clause 2], leave out ‘that year’ and insert ‘those years’. |
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| Page 2, line 9 [Clause 2], at end insert ‘and |
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| | ‘(c) | the reduction in emissions of greenhouse gases in the United Kingdom |
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| | during the three most recent years for which information is available |
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| | which is attributable to— |
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| | (i) | the use of those sources of energy mentioned in section 82(7) of |
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| | the Energy Act 2004 (c. 20) (microgeneration); |
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