|
| |
|
(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 |
| |
| |
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 |
| |
| |
(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 |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
|
| |
|
| |
|
publications and consultation taking place wholly or partly before that |
| |
| |
Miscellaneous and final provisions |
| |
| |
| 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— |
| |
| |
| 10 |
| |
| |
| |
(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 |
| |
| |
“public authority” has the same meaning as in section 6 of the Human |
| |
| 25 |
(2) | Those sources of energy and technologies are— |
| |
| |
| |
| |
| 30 |
(e) | water (including waves and tides); |
| |
| |
| |
| |
(i) | combined heat and power systems. |
| 35 |
| |
(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 |
|
| |
|
| |
|
(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. |
| |
| |
There shall be paid out of money provided by Parliament— |
| |
(a) | any expenditure incurred by a Minister of the Crown by virtue of this |
| |
| 10 |
(b) | any increase attributable to this Act in the sums payable out of money |
| |
so provided under any other enactment. |
| |
| |
| |
of the period of two months beginning with the day on which this Act is |
| 15 |
| |
(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 |
| |
| |
|
| |
|
| |
|
| |
| |
Amendments consequential on sections 15 and 16 |
| |
| |
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 |
| |
(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 |
| |
| 10 |
| |
(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 |
| |
| |
(d) | in paragraphs (d) and (f), for “energy efficiency obligations” |
| 20 |
substitute “carbon emissions reduction obligations”, and |
| |
| |
(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. |
| |
|
| |
|
| |
|
5 (1) | Section 41A (promotion of the efficient use by consumers of electricity) is |
| |
| |
(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 |
| |
| |
(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 |
| |
| 15 |
(d) | in paragraphs (d) and (f), for “energy efficiency obligations” |
| |
substitute “carbon emissions reduction obligations”, and |
| |
| |
(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 |
| |
| |
(2) | In the sidenote, for “energy efficiency targets” substitute “carbon emissions |
| 35 |
| |
| |
(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 |
| |
| |
|
| |
|