|
| |
|
(2) | Information is not to be included in the register if the Secretary of State thinks |
| |
that disclosure of the information— |
| |
(a) | would be contrary to the interests of national security, or |
| |
(b) | would prejudice to an unreasonable degree a person’s commercial |
| |
| 5 |
(3) | Information excluded from the register by virtue of subsection (2)(b) is treated, |
| |
subject to subsection (4), as ceasing to prejudice a person’s commercial |
| |
interests at the end of the period of 4 years beginning with the date on which |
| |
the Secretary of State made the decision to exclude it. |
| |
(4) | The Secretary of State may, on the application of the person whose commercial |
| 10 |
interests are affected, decide whether the information should be included in |
| |
the register at the end of the period mentioned in subsection (3) or should |
| |
| |
(5) | Where information of any description is excluded from the register by virtue |
| |
of subsection (2)(b), a statement is to be included in the register indicating the |
| 15 |
existence of information of that description. |
| |
(6) | The Secretary of State must— |
| |
(a) | secure that the register maintained under this section is available for |
| |
inspection by the public free of charge, and |
| |
(b) | afford to members of the public facilities for obtaining copies of entries, |
| 20 |
| |
(7) | In this section “prescribed” means prescribed by regulations made by the |
| |
| |
Abandonment of offshore installations |
| |
29 | Abandonment of installations |
| 25 |
(1) | Part 4 of the Petroleum Act 1998 (c. 17) (“the 1998 Act”) applies in relation to a |
| |
carbon storage installation as it applies in relation to an offshore installation within the |
| |
meaning given by section 44 of the 1998 Act. |
| |
(2) | But the Secretary of State may make regulations providing that Part 4 of the 1998 Act |
| |
applies in relation to a carbon storage installation with such modifications as may be |
| 30 |
specified in the regulations. |
| |
(3) | In this section, “carbon storage installation” means an installation established |
| |
or maintained for the purposes of an activity mentioned in section 16(2)(a), (b) |
| |
| |
Termination of the licence |
| 35 |
30 | Termination of licence: regulations |
| |
(1) | The Secretary of State may by regulations make provision— |
| |
(a) | about the circumstances in which a licence may be terminated; |
| |
(b) | imposing obligations on the Secretary of State in respect of a carbon |
| |
storage facility on or after the termination of a licence relating to the |
| 40 |
| |
|
| |
|
| |
|
(2) | Regulations under this section may, in particular, make provision about financial |
| |
arrangements to be made in relation to a closed carbon storage facility on or after the |
| |
termination of a licence relating to the facility. |
| |
(3) | A licence has effect subject to any regulations under this section. |
| |
| 5 |
| |
Sections 21, 23 and 24 of the Petroleum Act 1987 (c. 12) (safety zones) apply in |
| |
relation to a carbon storage installation as they apply in relation to an |
| |
installation within section 21(1) of that Act. |
| |
32 | Enhanced petroleum recovery: power to make orders |
| 10 |
(1) | The use of carbon dioxide, in a controlled place, for a purpose ancillary to |
| |
getting petroleum is to be regarded as— |
| |
(a) | an activity within section 16(2), or |
| |
(b) | the storage of gas for the purposes of section 1(3)(b), |
| |
| only in the circumstances specified by the Secretary of State by order. |
| 15 |
(2) | Subsection (1) and orders made under it are without prejudice to Part 1 of the |
| |
Petroleum Act 1998 (c. 17). |
| |
(3) | An order under subsection (1) may provide that the use of carbon dioxide, in a |
| |
designated place, for a purpose ancillary to getting petroleum is to be |
| |
regarded, for the purposes of this Chapter, as the use of carbon dioxide in a |
| 20 |
controlled place for such a purpose. |
| |
(4) | A designated place means a place designated by the order which is a place in, |
| |
under or over waters in an area designated under section 1(7) of the |
| |
Continental Shelf Act 1964 (c. 29), other than waters in a Gas Importation and |
| |
| 25 |
(5) | In this section “petroleum” has the meaning given by section 1 of the Petroleum |
| |
| |
33 | Power of Secretary of State to transfer functions |
| |
(1) | The Secretary of State may by order transfer to another person any function |
| |
conferred on the Secretary of State by or under this Chapter, other than a power |
| 30 |
to make regulations or an order. |
| |
(2) | A function transferred by an order under subsection (1) reverts to the Secretary |
| |
of State if the order is revoked. |
| |
(3) | An order under subsection (1) may— |
| |
(a) | transfer different functions to different persons; |
| 35 |
(b) | transfer functions to a person in respect of all activities within section |
| |
16(2) or only specified activities; |
| |
(c) | transfer the same function to different persons in respect of different |
| |
| |
(d) | transfer functions to different persons in respect of different places. |
| 40 |
(4) | An order under subsection (1) may— |
| |
|
| |
|
| |
|
(a) | provide for the Secretary of State to make payments to a person to whom a |
| |
function has been transferred in respect of the person’s expenditure in |
| |
connection with the exercise of the function; |
| |
(b) | require any fee paid to such a person under this Chapter to be paid into the |
| |
| 5 |
(c) | make such modifications of section 188 of the Energy Act 2004 (c. 20) (power |
| |
to impose charges to fund energy functions), or any regulations made under |
| |
that section, as the Secretary of State considers appropriate in consequence of |
| |
the transfer of a function by virtue of this section. |
| |
(5) | The Secretary of State may give a direction to a person to whom functions have |
| 10 |
been transferred under subsection (1) about— |
| |
(a) | whether, or in what circumstances, a function specified in the direction |
| |
| |
(b) | the manner in which a function specified in the direction is to be carried |
| |
| 15 |
(6) | A direction under subsection (5) may be general or specific. |
| |
(7) | The Secretary of State may not give a direction under subsection (5) without |
| |
first consulting the person to whom the Secretary of State proposes to give the |
| |
| |
| 20 |
34 | Chapter 3: interpretation |
| |
| |
“carbon storage facility” has the meaning given by section 19(8); |
| |
“carbon storage installation” has the meaning given by section 29(3); |
| |
“closure”, in relation to a carbon storage facility, has the meaning given by |
| 25 |
| |
“controlled place” has the meaning given by section 16(3); |
| |
“Gas Importation and Storage Zone” means an area designated under |
| |
| |
“installation” includes any floating structure or device maintained on a |
| 30 |
station by whatever means; |
| |
“licence” means a licence granted under section 17(1), and “licence |
| |
holder” is to be construed accordingly. |
| |
| |
General provisions about gas importation and storage |
| 35 |
35 | Chapters 2 and 3: consequential amendments |
| |
Schedule 1 contains amendments relating to Chapters 2 and 3. |
| |
|
| |
|
| |
|
| |
Electricity from renewable sources |
| |
The renewables obligation |
| |
36 | The renewables obligation |
| |
For sections 32 to 32C of the Electricity Act 1989 (c. 29) substitute— |
| 5 |
“32 | The renewables obligation |
| |
(1) | The Secretary of State may make a renewables obligation order. |
| |
(2) | A renewables obligation order is an order which imposes the |
| |
renewables obligation on each electricity supplier falling within a |
| |
specified description (a “designated electricity supplier”). |
| 10 |
(3) | The descriptions of electricity supplier upon which a renewables |
| |
obligation order may impose the renewables obligation are those |
| |
| |
| |
(b) | in England and Wales, or |
| 15 |
| |
| excluding such categories of supplier (if any) as are specified. |
| |
(4) | The renewables obligation is that the designated electricity supplier |
| |
must, by each specified day, have produced to the Authority the |
| |
required number of renewables obligation certificates in respect of— |
| 20 |
(a) | the amount of electricity supplied by it to customers in Great |
| |
Britain during a specified period, or |
| |
(b) | if the order imposes the renewables obligation only on those |
| |
supplying electricity in a part of Great Britain, the amount of |
| |
electricity supplied by it to customers in that part during a |
| 25 |
| |
(5) | Subsection (4) is subject to sections 32A to 32M. |
| |
32A | Further provision about the renewables obligation |
| |
(1) | A renewables obligation order may make provision generally in |
| |
relation to the renewables obligation. |
| 30 |
(2) | A renewables obligation order may, in particular, specify— |
| |
(a) | how the number of renewables obligation certificates required |
| |
to be produced by an electricity supplier in respect of the |
| |
amount of electricity supplied by it to customers in Great |
| |
Britain during a specified period is to be calculated; |
| 35 |
(b) | different obligations for successive periods of time; |
| |
(c) | that renewables obligation certificates issued in respect of |
| |
| |
(i) | using specified descriptions of renewable sources, |
| |
(ii) | by specified descriptions of generating stations, |
| 40 |
(iii) | in specified ways, or |
| |
(iv) | in other specified cases or circumstances, |
| |
|
| |
|
| |
|
| are to count towards discharging an electricity supplier’s |
| |
obligation only up to a specified number, or a specified |
| |
proportion, of the certificates required to be produced to |
| |
discharge the obligation; |
| |
(d) | that a specified number, or a specified proportion, of the |
| 5 |
renewables obligation certificates produced by an electricity |
| |
supplier when discharging its renewables obligation must be |
| |
certificates in respect of electricity generated— |
| |
(i) | using specified descriptions of renewable sources, |
| |
(ii) | by specified descriptions of generating station, |
| 10 |
(iii) | in specified ways, or |
| |
(iv) | in other specified cases or circumstances; |
| |
(e) | how the amount of electricity supplied by an electricity supplier |
| |
to customers in Great Britain during a specified period is to be |
| |
| 15 |
(f) | that specified information, or information of a specified nature, |
| |
is to be given to the Authority; |
| |
(g) | the form in which such information is to be given and the time |
| |
by which it is to be given. |
| |
(3) | A renewables obligation certificate may count once only towards the |
| 20 |
discharge of the renewables obligation. |
| |
(4) | If a renewables obligation order applies only to electricity suppliers in |
| |
a part of Great Britain, it may specify that the only renewables |
| |
obligation certificates which count towards discharging the renewables |
| |
obligation are certificates which are issued— |
| 25 |
(a) | in respect of electricity supplied to customers in that part of |
| |
| |
(b) | in respect of electricity used in a permitted way (within the |
| |
meaning of section 32B(9) and (10)) in that part of Great Britain. |
| |
(5) | A renewables obligation order may, in relation to any specified period |
| 30 |
| |
(a) | provide that renewables obligation certificates in respect of |
| |
electricity supplied in a later period may, when available, be |
| |
counted towards discharging the renewables obligation for the |
| |
| 35 |
(b) | provide that renewables obligation certificates in respect of |
| |
electricity supplied in the current period may, in a later period, |
| |
be counted towards discharging the renewables obligation for |
| |
| |
(c) | specify how much later the later period referred to in paragraph |
| 40 |
| |
(d) | specify a maximum proportion of the renewables obligation for |
| |
any period which may be discharged as mentioned in |
| |
| |
(e) | specify a maximum proportion, or maximum number of, the |
| 45 |
renewables obligation certificates issued in respect of electricity |
| |
supplied in any period which may be counted towards |
| |
discharging the renewables obligation for a different period. |
| |
(6) | For the purposes of subsection (5) a certificate which certifies that |
| |
electricity has been used in a permitted way (within the meaning of |
| 50 |
|
| |
|
| |
|
section 32B(9) and (10)) in a particular period is to be treated as if it were |
| |
a certificate which certifies that electricity has been supplied in that |
| |
| |
32B | Renewables obligation certificates |
| |
(1) | A renewables obligation order may provide for the Authority to issue |
| 5 |
from time to time, in accordance with such criteria (if any) as are |
| |
specified in the order, a certificate (“a renewables obligation |
| |
| |
(a) | the operator of a generating station, |
| |
(b) | an electricity supplier or a Northern Ireland supplier, or |
| 10 |
(c) | if the order so provides, a person of any other description |
| |
| |
(2) | A renewables obligation certificate is to certify— |
| |
(a) | the matters within subsection (3) or (4), or |
| |
(b) | if the order provides that a certificate may certify the matters |
| 15 |
within subsection (5), (6), (7) or (8), the matters within that |
| |
| |
(3) | The matters within this subsection are— |
| |
(a) | that the generating station, or, in the case of a certificate issued |
| |
otherwise than to the operator of a generating station, a |
| 20 |
generating station specified in the certificate, has generated |
| |
from renewable sources the amount of electricity stated in the |
| |
| |
(b) | that it has been supplied by an electricity supplier to customers |
| |
in Great Britain (or the part of Great Britain stated in the |
| 25 |
| |
(4) | The matters within this subsection are— |
| |
(a) | that the generating station, or, in the case of a certificate issued |
| |
otherwise than to the operator of a generating station, a |
| |
generating station specified in the certificate, has generated |
| 30 |
from renewable sources the amount of electricity stated in the |
| |
| |
(b) | that the generating station in question is not a generating station |
| |
mentioned in Article 54(1) of the Energy (Northern Ireland) |
| |
| 35 |
(c) | that the electricity has been supplied by a Northern Ireland |
| |
supplier to customers in Northern Ireland. |
| |
(5) | The matters within this subsection are— |
| |
(a) | that two or more generating stations have, between them, |
| |
generated from renewable sources the amount of electricity |
| 40 |
stated in the certificate, and |
| |
(b) | that it has been supplied by an electricity supplier to customers |
| |
in Great Britain (or the part of Great Britain stated in the |
| |
| |
(6) | The matters within this subsection are— |
| 45 |
(a) | that two or more generating stations have, between them, |
| |
generated from renewable sources the amount of electricity |
| |
stated in the certificate, |
| |
|
| |
|
| |
|
(b) | that none of them is a generating station mentioned in Article |
| |
54(1) of the Energy (Northern Ireland) Order 2003, and |
| |
(c) | that the electricity has been supplied by a Northern Ireland |
| |
supplier to customers in Northern Ireland. |
| |
(7) | The matters within this subsection are— |
| 5 |
(a) | that the generating station, or, in the case of a certificate issued |
| |
otherwise than to the operator of a generating station, a |
| |
generating station specified in the certificate, has generated |
| |
from renewables sources the amount of electricity stated in the |
| |
| 10 |
(b) | that the electricity has been used in a permitted way. |
| |
(8) | The matters within this subsection are— |
| |
(a) | that two or more generating stations have, between them, |
| |
generated from renewables sources the amount of electricity |
| |
stated in the certificate, and |
| 15 |
(b) | that the electricity has been used in a permitted way. |
| |
(9) | For the purposes of subsections (7) and (8), electricity generated by a |
| |
generating station, or generating stations, of any description is used in |
| |
| |
(a) | it is used in one of the ways mentioned in subsection (10), and |
| 20 |
(b) | that way is specified in the order as a permitted way— |
| |
(i) | in relation to all generating stations, or |
| |
(ii) | in relation to generating stations of that description. |
| |
| |
(a) | being consumed by the operator of the generating station or |
| 25 |
generating stations by which it was generated; |
| |
(b) | being supplied to customers in Great Britain through a private |
| |
| |
(c) | being provided to a distribution system or a transmission |
| |
system in circumstances in which its supply to customers |
| 30 |
| |
(d) | being used, as respects part, as mentioned in one of paragraph |
| |
(a), (b) or (c) and as respects the remainder— |
| |
(i) | as mentioned in one of the other paragraphs, or |
| |
(ii) | as respects part, as mentioned in one of the other |
| 35 |
paragraphs and as respects the remainder as mentioned |
| |
| |
(e) | being used, as respects part, as mentioned in paragraph (a), (b), |
| |
(c) or (d) and as respects the remainder by being supplied by an |
| |
electricity supplier to customers in Great Britain or by a |
| 40 |
Northern Ireland supplier to customers in Northern Ireland, or |
| |
| |
(11) | For the purposes of subsection (10)(b) electricity is supplied through a |
| |
private wire network if it is conveyed to premises by a system which is |
| |
used for conveying electricity from a generating station in |
| 45 |
| |
(a) | the operator of the generating station is exempt from section |
| |
4(1)(c) and does not hold a supply licence, and |
| |
(b) | the electricity is supplied to one or more customers— |
| |
|
| |
|