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
5

6
Reports under section 1 of the Sustainable Energy Act 2003: microgeneration
In section 1(1A) of the Sustainable Energy Act 2003 (c. 30) (annual reports on
progress towards sustainable energy aims)—
(a)
omit “and” at the end of paragraph (b), and
(b)
at the end of paragraph (c) insert “; and
5
(d)
things done during that period for the purpose of
implementing the strategy for the promotion of
microgeneration in Great Britain published under
section 82 of the Energy Act 2004.”
7
Sale of electricity generated by microgeneration: power to modify
10
distribution and supply licences etc
(1)
Where the Secretary of State considers it appropriate to do so for the purpose
of increasing the amount of the electricity consumed in Great Britain that is
generated by microgeneration, he may make—
(a)
relevant modifications of the conditions of a distribution licence or a
15
supply licence held by a particular person;
(b)
relevant modifications of the standard conditions of distribution
licences or supply licences.
(2)
For the purposes of subsection (1), “relevant modifications” means—
(a)
in relation to a distribution licence, modifications—
20
(i)
imposing conditions requiring the holder of such a licence to
provide information to holders of supply licences about the
connection to the distribution system, or use, of
microgeneration plant, or
(ii)
for the purposes of enabling or facilitating holders of supply
25
licences to satisfy any conditions of such licences of a
description mentioned in paragraph (b), and
(b)
in relation to a supply licence, modifications imposing conditions
requiring the holder of such a licence to offer to acquire electricity
generated by microgeneration by the licenceholder’s customers;
30

and also includes incidental, consequential or transitional modifications.
(3)
A modification under subsection (1)(a) of part of a standard condition of a
distribution licence or supply licence does not prevent any other part of the
condition from continuing to be regarded as a standard condition for the
purposes of Part 1 of the Electricity Act 1989 (c. 29).
35
(4)
Where the Secretary of State makes modifications under subsection (1)(b) of
the standard conditions of distribution licences or supply licences, the Gas and
Electricity Markets Authority must make (as nearly as may be) the same
modifications of those standard conditions for the purposes of their
incorporation in distribution licences or, as the case may be, supply licences
40
granted after that time.
(5)
Conditions included in a distribution licence or supply licence by virtue of a
power conferred by this section—
(a)
need not relate to the activities authorised by the licence, and
(b)
may do any of the things authorised in relation to licences of that kind
45
by section 7(2) to (4) of the Electricity Act 1989 (which applies to the Gas
and Electricity Markets Authority’s power with respect to licence
conditions under section 7(1)(a) of that Act).

Climate Change and Sustainable Energy Bill
6

(6)
In this section and section 8—
“distribution licence” has the meaning given by section 6(1)(c) of the
Electricity Act 1989 (c. 29) (licences authorising supply, etc);
“microgeneration plant” means plant used, or intended for use, for
generating electricity by microgeneration, where “plant” includes any
5
equipment, apparatus or appliance;
“supply licence” has the meaning given by section 6(1)(d) of the Electricity
Act 1989.
(7)
In section 33(1) of the Utilities Act 2000 (c. 27) (standard conditions of
electricity licences)—
10
(a)
omit “or” at the end of paragraph (a), and
(b)
after paragraph (b) insert “or
(c)
under section 7 of the Climate Change and Sustainable
Energy Act 2006 (sale of electricity generated by
microgeneration: power to modify distribution and
15
supply licences etc).”.
8
Exercise of powers under section 7
(1)
Before making any modification of a distribution licence or a supply licence
under section 7, the Secretary of State must consult—
(a)
the holder of any licence being modified, and
20
(b)
such other persons as he considers appropriate.
(2)
The Secretary of State must publish every modification made by him under
that section.
(3)
The publication must be in such manner as the Secretary of State considers
appropriate.
25
(4)
Where the Gas and Electricity Markets Authority makes modifications of
standard conditions under section 7(4), it must publish the modifications in
such manner as it considers appropriate.
(5)
The Secretary of State’s powers under section 7 are exercisable only during the
period which—
30
(a)
begins with the first anniversary, and
(b)
ends with the third anniversary,

of the commencement of that section.
(6)
Sections 3A to 3D of the Electricity Act 1989 (principal objectives and general
duties) apply to the carrying out of functions conferred on the Secretary of
35
State, or on the Gas and Electricity Markets Authority, by section 7 or this
section as they apply in relation to the carrying out of functions conferred on
him, or on it, by or under Part 1 of that Act.
9
Functions of the Gas and Electricity Markets Authority in relation to
microgeneration
40
In section 47 of the Electricity Act 1989 (functions of the Gas and Electricity
Markets Authority), after subsection (1) insert—
“(1A)
The activities to which subsection (1) applies also include, in particular,
activities connected with the generation of electricity by

Climate Change and Sustainable Energy Bill
7

microgeneration or with the transmission and supply of electricity so
generated.
(1B)
In subsection (1A), “microgeneration” has the same meaning as it has in
the Climate Change and Sustainable Energy Act 2006.”.
10
Review of permitted development orders
5
(1)
The Secretary of State shall for the purpose mentioned in subsection (2) carry
out a review of the effect in England of development orders made by virtue of
section 59(2)(a) of the Town and Country Planning Act 1990 (c. 8) (which
confers power by order to grant planning permission for development or a
class of development specified in the order).
10
(2)
The purpose of the review is to enable the Secretary of State to form a view as
to what provision (or further provision) such development orders should
make to facilitate development in England consisting of the installation, within
the curtilage of a dwellinghouse, of equipment, apparatus or appliances for
microgeneration.
15
(3)
As soon as reasonably practicable after he has carried out the review, the
Secretary of State must lay before Parliament a report of the review, including
his view as mentioned in subsection (2) and the reasons for it.
(4)
The report must also set out what provision (or further provision), if any, the
Secretary of State proposes to make in development orders by virtue of section
20
59(2)(a) of the Town and Country Planning Act 1990 in consequence of the
review.
(5)
Where the Secretary of State proposes to make provision (or further provision)
in development orders in consequence of the review, he must—
(a)
exercise his powers under section 59 of the Town and Country
25
Planning Act 1990 so as to provide that development orders made by
virtue of that section make such provision in consequence of the review
as he considers appropriate, and
(b)
exercise those powers as soon as reasonably practicable after laying the
report before Parliament under subsection (3).
30
(6)
In this section—
“dwellinghouse” does not include a building containing one or more flats,
or a flat contained within such a building;
“flat” means a separate and self-contained set of premises constructed or
adapted for use for the purpose of a dwelling and forming part of a
35
building from some other part of which it is divided horizontally.
11
Building regulations: microgeneration
In Schedule 1 to the Building Act 1984 (c. 55) (building regulations), in
paragraph 7(a), after paragraph (xxiid) insert—
“(xxiie)
the production of heat or the generation of electricity
40
by microgeneration (as defined for the purposes of
this paragraph by building regulations),”.

Climate Change and Sustainable Energy Bill
8

Energy efficiency
12
Reports under section 1 of the Sustainable Energy Act 2003: energy efficiency
of residential accommodation
(1)
Section 1 of the Sustainable Energy Act 2003 (c. 30) (annual reports on progress
towards sustainable energy aims) is amended as follows.
5
(2)
In subsection (1)—
(a)
omit “and” at the end of paragraph (c), and
(b)
at the end of paragraph (d) insert “; and
(e)
achieving the target set out in section 217(1) of the
Housing Act 2004 (target for the energy efficiency of
10
residential accommodation in England).”
(3)
After subsection (1A) insert—
“(1AA)
The report must also include estimates of the effect of the progress
made in the reporting period towards achieving the target set out in
section 217(1) of the Housing Act 2004 on—
15
(a)
emissions of carbon dioxide in England, and
(b)
the number of households in which one or more persons are
living in fuel poverty.”
Building regulations relating to emissions and use of fuel and power
13
Time limit for prosecutions
20
(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
25
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.
30
(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—
35
(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
40
gases (within the meaning of the Climate Change and
Sustainable Energy Act 2006), and

Climate Change and Sustainable Energy Bill
9

(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
(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
10
(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.
15
(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—
20
“(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.”
14
Report regarding compliance
25
(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—
30
(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—
35
“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,
40
was made—
(a)
for the purpose of furthering the conservation of fuel and
power, or otherwise in connection with the use of fuel and
power, or
(b)
for the purpose of reducing emissions of greenhouse gases.
45