Climate Change and Sustainable Energy Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Climate Change and Sustainable Energy Bill

Climate Change and Sustainable Energy Bill
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(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)”.
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Renewables obligation: issue of green certificates: further provisions
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(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
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(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
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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.
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(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).
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Adjustment of transmission charges for electricity
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(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
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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
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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
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made under that section after the commencement of this section by

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publications and consultation taking place wholly or partly before that
commencement.
Miscellaneous and final provisions
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Interpretation
(1)
In this Act—
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“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;
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(c)
nitrous oxide;
(d)
hydrofluorocarbons;
(e)
perfluorocarbons;
(f)
sulphur hexafluoride;
“microgeneration” means the use for the generation of electricity or the
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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
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(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).
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(2)
Those sources of energy and technologies are—
(a)
biomass;
(b)
biofuels;
(c)
fuel cells;
(d)
photovoltaics;
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(e)
water (including waves and tides);
(f)
wind;
(g)
solar power;
(h)
geothermal sources;
(i)
combined heat and power systems.
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(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
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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
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(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
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(b)
has been approved by a resolution of each House.
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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
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(b)
any increase attributable to this Act in the sums payable out of money
so provided under any other enactment.
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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
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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)—
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(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.
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Short title and extent
(1)
This Act may be cited as the Climate Change and Sustainable Energy Act 2006.
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(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.

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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
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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”.
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      (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”,
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(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”
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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
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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”.
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      (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”.
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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
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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
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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”,
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(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
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(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
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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
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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
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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
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mentioned in subsection (2) of each of those sections”.
      (4)
In subsection (3), for “energy efficiency targets” substitute “carbon emissions
reduction targets”.