House of Commons portcullis
House of Commons
Session 2005 - 06
Internet Publications
Other Bills before Parliament

Climate Change and Sustainable Energy Bill


Climate Change and Sustainable Energy Bill

17

 

(7)   

In subsection (2B), after “(2A)” insert “or (2AA)”.

(8)   

In subsection (3), after “(2)” insert “or (2ZA)”.

(9)   

In subsection (4), after “subsection (2A)” insert “or any of subsections (2AA) to

(2AC)”.

24      

Renewables obligation: issue of green certificates: further provisions

5

(1)   

In section 32 of the Electricity Act 1989 (c. 29) (obligation in connection with

energy from renewable sources), in subsection (5), after “supply” insert “or

other use”.

(2)   

In section 32A(3) of that Act (orders under section 32: supplementary)—

(a)   

omit “and” at the end of paragraph (a), and

10

(b)   

after paragraph (b) insert “and

(c)   

different provision in relation to generating stations of

different descriptions,”.

(3)   

In section 116 of the Energy Act 2004 (c. 20) (issue of green certificates in Great

Britain), omit subsection (4)(b) (which amends section 32B(2)(a) of the

15

Electricity Act 1989).

(4)   

The requirements of section 32(7) of the Electricity Act 1989 (consultation

before making an order) may be satisfied in the case of an order containing

provision made by virtue of section 23 or this section by consultation that took

place wholly or partly before the commencement of that section or this section.

20

(5)   

The functions conferred by virtue of section 23 and this section on the Secretary

of State are not to be exercisable by the Scottish Ministers, except in pursuance

of an Order in Council made after the passing of this Act under section 63 of

the Scotland Act 1998 (c. 46).

25      

Adjustment of transmission charges for electricity

25

(1)   

Section 185 of the Energy Act 2004 (adjustment of transmission charges) is

amended as provided in subsections (2) to (4).

(2)   

In subsection (1)(a), for “of Great Britain” substitute “in Great Britain”.

(3)   

After subsection (3) insert—

“(3A)   

If subsection (1) is satisfied in the case of two or more separate areas in

30

Great Britain, an order under this section may relate to both, or all, of

those areas.

(3B)   

This section has effect in relation to an order which, by virtue of

subsection (3A), relates to two or more areas as if references in

subsections (2), (3) and (10) to the area to which the scheme established

35

by the order relates (however expressed) were references to the

combined area.”

(4)   

In subsection (11), for “more than ten years after the commencement of this

section” substitute “later than 4 October 2024”.

(5)   

Subsection (7) of section 185 may be satisfied in relation to any order to be

40

made under that section after the commencement of this section by

 
 

Climate Change and Sustainable Energy Bill

18

 

publications and consultation taking place wholly or partly before that

commencement.

Miscellaneous and final provisions

26      

Interpretation

(1)   

In this Act—

5

“fuel poverty” shall be construed in accordance with the provisions of

section 1 of the Warm Homes and Energy Conservation Act 2000 (c. 31);

“greenhouse gas” means any of the following—

(a)   

carbon dioxide;

(b)   

methane;

10

(c)   

nitrous oxide;

(d)   

hydrofluorocarbons;

(e)   

perfluorocarbons;

(f)   

sulphur hexafluoride;

“microgeneration” means the use for the generation of electricity or the

15

production of heat of any plant (which, for this purpose, includes any

equipment, apparatus or appliance)—

(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 (2), and

20

(b)   

the capacity of which to generate electricity or (as the case may

be) to produce heat does not exceed the capacity mentioned in

subsection (3);

“public authority” has the same meaning as in section 6 of the Human

Rights Act 1998 (c. 42).

25

(2)   

Those sources of energy and technologies are—

(a)   

biomass;

(b)   

biofuels;

(c)   

fuel cells;

(d)   

photovoltaics;

30

(e)   

water (including waves and tides);

(f)   

wind;

(g)   

solar power;

(h)   

geothermal sources;

(i)   

combined heat and power systems.

35

(3)   

That capacity is—

(a)   

in relation to the generation of electricity, 50 kilowatts;

(b)   

in relation to the production of heat, 45 kilowatts thermal.

(4)   

The Secretary of State may by order amend subsection (2) by adding to the

sources of energy and technologies for the time being listed any other source

40

of energy or technology for the generation of electricity or production of heat

if he considers that the use of that source of energy or technology would cut

emissions of greenhouse gases in Great Britain.

(5)   

The power to make an order under subsection (4)—

(a)   

is exercisable by statutory instrument, and

45

 
 

Climate Change and Sustainable Energy Bill

19

 

(b)   

includes power to make such supplemental or consequential provision

(including provision modifying this section) and such transitional or

saving provision as the Secretary of State thinks fit.

(6)   

No order under that subsection may be made unless a draft of the order—

(a)   

has been laid before Parliament, and

5

(b)   

has been approved by a resolution of each House.

27      

Expenses

There shall be paid out of money provided by Parliament—

(a)   

any expenditure incurred by a Minister of the Crown by virtue of this

Act, and

10

(b)   

any increase attributable to this Act in the sums payable out of money

so provided under any other enactment.

28      

Commencement

(1)   

Sections 1, 3 to 5, 7 to 11, 13, 14, 18 to 21 and 23 to 25 come into force at the end

of the period of two months beginning with the day on which this Act is

15

passed.

(2)   

Sections 2, 6, 12 and 22 come into force on 1st January 2007.

(3)   

Sections 15 to 17 come into force in accordance with provision made by the

Secretary of State by order.

(4)   

The power of the Secretary of State to make an order under subsection (3)—

20

(a)   

is exercisable by statutory instrument, and

(b)   

includes power to make such transitory, transitional or saving

provision as the Secretary of State considers necessary or expedient.

29      

Short title and extent

(1)   

This Act may be cited as the Climate Change and Sustainable Energy Act 2006.

25

(2)   

Sections 3, 10, 11, 13, 14 and 19 to 21 extend to England and Wales only.

(3)   

Sections 4, 5, 7 to 9, 15 to 18 and 23 to 25 extend to England and Wales and

Scotland only.

 
 

20

Climate Change and Sustainable Energy Bill
Schedule — Amendments consequential on sections 15 and 16

 

Schedule

Section 17

 

Amendments consequential on sections 15 and 16

Gas Act 1986 (c. 44)

1          

The Gas Act 1986 is amended as provided in paragraphs 2 and 3.

2     (1)  

Section 33BC (promotion of the efficient use by consumers of gas) is

5

amended as follows.

      (2)  

For the sidenote substitute “Promotion of reductions in carbon emissions:

gas transporters and gas suppliers”.

      (3)  

In subsection (3), for “energy efficiency targets” substitute “carbon emissions

reduction targets”.

10

      (4)  

In subsection (5)—

(a)   

for “energy efficiency obligations”, in the first place it occurs,

substitute “carbon emissions reduction obligations”,

(b)   

in paragraph (b), for “an energy efficiency target” substitute “a

carbon emissions reduction target”,

15

(c)   

in paragraph (c), after “efficiency” insert “, increases in the amount of

electricity generated, or heat produced, by microgeneration or

otherwise using low-emissions sources or technologies or reductions

in energy consumption”,

(d)   

in paragraphs (d) and (f), for “energy efficiency obligations”

20

substitute “carbon emissions reduction obligations”, and

(e)   

in paragraph (e)—

(i)   

in sub-paragraph (i), for “energy efficiency target” substitute

“carbon emissions reduction target”, and

(ii)   

in sub-paragraph (ii), after “efficiency” insert “, increase in

25

the amount of electricity generated, or heat produced, by

microgeneration or otherwise using low-emissions sources

or technologies or reduction in energy consumption”.

      (5)  

In subsection (6), for “energy efficiency obligation” substitute “carbon

emissions reduction obligation”.

30

      (6)  

In subsection (7), for “energy efficiency target” in each of paragraphs (a), (b),

(d) and (e) substitute “carbon emissions reduction target”.

3          

In section 33DA(1)(a)(ii) (publication of statistical information relating to

performance in respect of energy efficiency obligations), for “energy

efficiency obligations” substitute “carbon emissions reduction obligations”.

35

Electricity Act 1989 (c. 29)

4          

The Electricity Act 1989 is amended as provided in paragraphs 5 and 6.

 

 

Climate Change and Sustainable Energy Bill
Schedule — Amendments consequential on sections 15 and 16

21

 

5     (1)  

Section 41A (promotion of the efficient use by consumers of electricity) is

amended as follows.

      (2)  

For the sidenote substitute “Promotion of reductions in carbon emissions:

electricity distributors and electricity suppliers”.

      (3)  

In subsection (3), for “energy efficiency targets” substitute “carbon emissions

5

reduction targets”.

      (4)  

In subsection (5)—

(a)   

for “energy efficiency obligations”, in the first place it occurs,

substitute “carbon emissions reduction obligations”,

(b)   

in paragraph (b), for “an energy efficiency target” substitute “a

10

carbon emissions reduction target”,

(c)   

in paragraph (c), after “efficiency” insert “, increases in the amount of

electricity generated, or heat produced, by microgeneration or

otherwise using low-emissions sources or technologies or reductions

in energy consumption”,

15

(d)   

in paragraphs (d) and (f), for “energy efficiency obligations”

substitute “carbon emissions reduction obligations”, and

(e)   

in paragraph (e)—

(i)   

in sub-paragraph (i), for “energy efficiency target” substitute

“carbon emissions reduction target”, and

20

(ii)   

in sub-paragraph (ii), after “efficiency” insert “, increase in

the amount of electricity generated, or heat produced, by

microgeneration or otherwise using low-emissions sources

or technologies or reduction in energy consumption”.

      (5)  

In subsection (6), for “energy efficiency obligation” substitute “carbon

25

emissions reduction obligation”.

      (6)  

In subsection (7), for “energy efficiency target” in each of paragraphs (a), (b),

(d) and (e) substitute “carbon emissions reduction target”.

6          

In section 42AA(1)(a)(ii) (publication of statistical information relating to

performance in respect of energy efficiency obligations), for “energy

30

efficiency obligations” substitute “carbon emissions reduction obligations”.

Utilities Act 2000 (c. 27)

7     (1)  

Section 103 of the Utilities Act 2000 (overall energy efficiency targets) is

amended as follows.

      (2)  

In the sidenote, for “energy efficiency targets” substitute “carbon emissions

35

reduction targets”.

      (3)  

In subsection (1)—

(a)   

in each of paragraphs (a) and (b), for “energy efficiency requirements

for” substitute “promotion of reductions in carbon emissions:”, and

(b)   

for “improvements in energy efficiency” substitute “the measures

40

mentioned in subsection (2) of each of those sections”.

      (4)  

In subsection (3), for “energy efficiency targets” substitute “carbon emissions

reduction targets”.

 

 

 
previous section contents
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2006
Revised 22 March 2006