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Climate Change and Sustainable Energy Bill


Climate Change and Sustainable Energy Bill

1

 

A

Bill

[AS AMENDED ON CONSIDERATION]

To

make provision about the reduction of emissions of greenhouse gases, the

alleviation of fuel poverty, the promotion of microgeneration and the use of

heat produced from renewable sources, compliance with building regulations

relating to emissions of greenhouse gases and the use of fuel and power, the

renewables obligation relating to the generation and supply of electricity and

the adjustment of transmission charges for electricity; and for connected

purposes. 

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

Purposes

1       

Purposes

(1)   

The principal purpose of this Act is to enhance the United Kingdom’s

contribution to combating climate change.

(2)   

In performing functions under this Act, the relevant persons and bodies shall

5

have regard to—

(a)   

the principal purpose set out in subsection (1),

(b)   

the desirability of alleviating fuel poverty, and

(c)   

the desirability of securing a diverse and viable long-term energy

supply.

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(3)   

In this section “the relevant persons and bodies” means—

(a)   

the Secretary of State;

(b)   

any public authority.

 
Bill 15254/1
 
 

Climate Change and Sustainable Energy Bill

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Reports on greenhouse gas emissions

2       

Annual report on greenhouse gas emissions

It shall be the duty of the Secretary of State in the course of each calendar year

to lay before Parliament a report on—

(a)   

steps taken by government departments during the previous calendar

5

year to reduce emissions of greenhouse gases, and

(b)   

the level of emissions of greenhouse gases in the United Kingdom

during the previous calendar year, including any increase or decrease

in that level recorded during that year.

Local authorities

10

3       

Local authorities to have regard to information on energy measures in

exercising functions 

(1)   

The Secretary of State—

(a)   

must, not later than 12 months after this section comes into force,

publish an energy measures report, and

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(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

20

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

25

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)—

30

“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

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technology mentioned in subsection (2) of section 26.

(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

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(b)   

such other persons (if any),

   

as he considers appropriate.

(6)   

In this section, “local authority” means any of the following—

 
 

Climate Change and Sustainable Energy Bill

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(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

5

authority;

(f)   

the Council of the Isles of Scilly;

(g)   

a parish council;

(h)   

a community council.

Microgeneration

10

4       

National targets for microgeneration

(1)   

The Secretary of State must, during the period beginning with 1st November

2008 and ending with 31st March 2009—

(a)   

designate one or more national microgeneration targets, and

(b)   

publish a statement of that fact together with a copy of the target or

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targets.

(2)   

But subsection (1) does not apply unless on 1st November 2008 the Secretary of

State considers that it would be appropriate to designate one or more targets

under that subsection.

(3)   

For the purposes of this section, a national microgeneration target is a target in

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respect of—

(a)   

the number of microgeneration systems installed in England and

Wales, and

(b)   

the number of electricity microgenerating systems installed in

Scotland,

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as at a date specified in the target (“the target date”).

(4)   

The matters to which the Secretary of State must have regard in determining

whether subsection (1) applies include, in particular—

(a)   

the number of microgeneration systems installed in England and

Wales,

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(b)   

the number of electricity microgenerating systems installed in

Scotland,

(c)   

the strategy published under section 82 of the Energy Act 2004 (c. 20)

(microgeneration), and

(d)   

the results of any research carried out into the effect that designating a

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target under subsection (1) could be expected to have on the number of

microgeneration systems that are installed in England and Wales, and

the number of electricity microgenerating systems that are installed in

Scotland, by the target date.

(5)   

If a target is designated under subsection (1), the Secretary of State must take

40

reasonable steps to secure that the target is met.

(6)   

If the Secretary of State does not designate a target under subsection (1) he shall

publish forthwith a statement of his reasons.

(7)   

At any time before the target date, the Secretary of State may review a target

and, if he considers it appropriate to do so, revise the target.

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Climate Change and Sustainable Energy Bill

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(8)   

If under subsection (7) the Secretary of State revises a target—

(a)   

he must publish a statement of that fact together with a copy of the

revised target, and

(b)   

the revised target is treated for the purposes of subsection (5) and

section 5 as a target designated under subsection (1) (in place of the

5

target which has been revised).

(9)   

In this section—

“electricity microgenerating system” means a microgeneration system for

generating electricity;

“microgeneration system” means any plant or system of plant for

10

generating electricity or producing heat—

(a)   

which, in generating electricity or (as the case may be)

producing heat, relies wholly or mainly on a source of energy or

a technology mentioned in subsection (7) of section 82 of the

Energy Act 2004 (c. 20), and

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(b)   

whose capacity to generate electricity or (as the case may be) to

produce heat does not exceed the capacity mentioned in

subsection (8) of that section;

“plant” includes any equipment, apparatus or appliance.

5       

National microgeneration targets: modification of section 1 of the Sustainable

20

Energy Act 2003

(1)   

This section applies if a target is designated under section 4.

(2)   

Section 1 of the Sustainable Energy Act 2003 (c. 30) (annual reports on progress

towards sustainable energy aims) applies in relation to every relevant

sustainable energy report as if after subsection (1B) there were inserted—

25

“(1BA)   

The report must also include such information as the Secretary of State

considers appropriate about things done during the reporting period

for the purpose of meeting any target designated under section 4 of the

Climate Change and Sustainable Energy Act 2006 (national targets for

microgeneration).”,

30

   

and as if, in subsection (1C), for “subsection (1A)” there were substituted

“subsections (1A) and (1BA)”.

(3)   

For the purposes of this section—

(a)   

a sustainable energy report is a relevant sustainable energy report in

relation to a target designated under subsection (1) of section 4 if the

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reporting period to which the report relates includes the period, or any

part of the period, to which the target relates,

(b)   

a target designated under subsection (1) of that section relates to the

period beginning when it is designated and ending with the target date

(within the meaning of that section),

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(c)   

“reporting period”, in relation to a sustainable energy report, has the

meaning given by section 1 of the Sustainable Energy Act 2003, and

(d)   

“sustainable energy report” means a sustainable energy report which is

required to be published under that section.

 
 

 
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