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407

 
 

House of Commons

 
 

Friday 10th March 2006

 

Report Stage Proceedings

 

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

 

Withdrawn  NC1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—

5

(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;

10

(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

15

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):—


 
 

Report Stage Proceedings: 10th March 2006                

408

 

Climate Change and Sustainable Energy Bill, continued

 
 

Mr Eric Forth

 

Not called  (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

 

Not called  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

 

Withdrawn  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

 

Added  NC4

 

To move the following Clause:—

 

‘(1)    

The Secretary of State—


 
 

Report Stage Proceedings: 10th March 2006                

409

 

Climate Change and Sustainable Energy Bill, continued

 
 

(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 in exercising functions) (NC4):—

 

Mr Eric Forth

 

Not called  (a)

 

Parliamentary Star    

Line  16,  leave out paragraph (d).

 



 
 

Report Stage Proceedings: 10th March 2006                

410

 

Climate Change and Sustainable Energy Bill, continued

 
 

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

 

prosecutions

 

Malcolm Wicks

 

Read a second time on division  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—


 
 

Report Stage Proceedings: 10th March 2006                

411

 

Climate Change and Sustainable Energy Bill, continued

 
 

“(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.” ’.

 

Clause added

 


 

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

 

compliance

 

Malcolm Wicks

 

Added  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

 

Not selected  22

 

Page  1,  line  4  [Clause  1],  leave out ‘contribution’ and insert ‘and European Union

 

contributions’.

 

Mr Eric Forth

 

Not called  2

 

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

 

Mr Christopher Chope

 

Not selected  23

 

Page  1,  line  10  [Clause  1],  at end insert ‘and


 
 

Report Stage Proceedings: 10th March 2006                

412

 

Climate Change and Sustainable Energy Bill, continued

 
 

‘(d)    

the desirability of securing United Kingdom and European Union self-

 

sufficiency in energy supply.’.

 


 

Mr Eric Forth

 

Not selected  3

 

Page  2,  line  3  [Clause  2],  leave out ‘in the course of each calendar year’ and insert

 

‘every three years’.

 

Mr Eric Forth

 

Not selected  4

 

Page  2,  line  5  [Clause  2],  leave out ‘calendar year’ and insert ‘three years’.

 

Mr Christopher Chope

 

Not selected  24

 

Page  2,  line  6  [Clause  2],  after ‘reduce’, insert ‘their’.

 

Mr Christopher Chope

 

Not selected  25

 

Page  2,  line  7  [Clause  2],  after ‘Kingdom’, insert ‘and the European Union’.

 

Mr Christopher Chope

 

Not selected  26

 

Page  2,  line  8  [Clause  2],  leave out ‘previous calendar year’ and insert ‘three most

 

recent years for which information is available’.

 

Mr Eric Forth

 

Not selected  5

 

Page  2,  line  8  [Clause  2],  leave out ‘calendar year’ and insert ‘three years’.

 

Mr Christopher Chope

 

Not selected  27

 

Page  2,  line  9  [Clause  2],  leave out ‘that level recorded during that year’ and insert

 

‘those levels recorded during those years,’.

 

Mr Eric Forth

 

Not selected  6

 

Page  2,  line  9  [Clause  2],  leave out ‘that year’ and insert ‘those years’.

 

Mr Christopher Chope

 

Not called  28

 

Page  2,  line  9  [Clause  2],  at end insert ‘and

 

‘(c)    

the reduction in emissions of greenhouse gases in the United Kingdom

 

during the three most recent years for which information is available

 

which is attributable to­­—

 

(i)    

the use of those sources of energy mentioned in section 82(7) of

 

the Energy Act 2004 (c. 20) (microgeneration);

 

(ii)    

nuclear energy.’.


 
 

Report Stage Proceedings: 10th March 2006                

413

 

Climate Change and Sustainable Energy Bill, continued

 
 

Malcolm Wicks

 

Agreed to  35

 

Page  2,  line  10  [Clause  2],  leave out subsection (2).

 

Mr Christopher Chope

 

Not called  29

 

Page  2,  line  13  [Clause  2],  leave out paragraph (c).

 

Mr Eric Forth

 

Question proposed  7

 

Page  2,  line  20  [Clause  3],  at end insert ‘, and after consultation with such public

 

and private sector bodies as he considers appropriate’.

 


 
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