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Climate Change and Sustainable Energy Bill


Climate Change and Sustainable Energy Bill

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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

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(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

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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

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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—

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(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

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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;

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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).

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(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

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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

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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

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(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

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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)—

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(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

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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

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(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.

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(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—

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(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

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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

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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

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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.”.

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Review of permitted development orders

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(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.

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(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

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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

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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).

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(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

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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

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by microgeneration (as defined for the purposes of

this paragraph by building regulations),”.

 
 

Climate Change and Sustainable Energy Bill

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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.

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(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

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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—

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(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

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(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

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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.

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(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—

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(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

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gases (within the meaning of the Climate Change and

Sustainable Energy Act 2006), and

 
 

Climate Change and Sustainable Energy Bill

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(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.

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(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.

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(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—

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“(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.”

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Report regarding compliance

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(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—

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(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—

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“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,

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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.

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