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promote
energy efficiency; to require specified bodies to publish sustainable
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energy plans; to make provision
for the transfer of functions to principal |
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councils; and for connected
purposes. |
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Be
it enacted by the Queen’s most Excellent Majesty,
by and with the advice and |
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consent of the Lords Spiritual
and Temporal, and Commons, in this present |
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Parliament assembled,
and by the authority of the same, as follows:— |
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The purpose of this Act
is to facilitate involvement in action taken by the bodies |
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specified in section 6
and citizens resident in their areas to promote sustainable
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energy policies in order
to achieve the following objectives— |
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(a) |
the achievement of national
carbon reduction targets; |
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(b) |
the security of energy supplies;
and |
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(c) |
the achievement of national
fuel poverty targets. |
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2 |
Sustainable
energy plans |
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(1) |
Every specified body may,
and if the condition specified in subsection (2) is |
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satisfied must, publish
a sustainable energy plan (“a plan”), specifying
the |
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body’s contribution
to achieving the purposes specified in section 1. |
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(2) |
Subsection (1) is subject
to section 5. |
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(3) |
The condition referred
to in subsection (1) is that a petition requesting the |
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publication of a plan,
signed by— |
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(a) |
in the case of a principal
council or a regional development agency, at |
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least 5 per cent of the
electors in the area of the council or agency; or |
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(b) |
in the case of any other
body specified by the Secretary of State under |
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section 6, such proportion
of electors in that body’s area as may be |
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specified, by order, by
the Secretary of State, |
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has
been delivered to the council, regional development agency or
other body |
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(4) |
The
Secretary of State must, within 12 months of the passing of
this Act, make |
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regulations about the drawing
up and presenting of petitions under this |
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3 |
Content
of sustainable energy plans |
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(1) |
A plan must specify the
steps that the body proposes to take to promote— |
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(a) |
energy efficiency in buildings, |
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(d) |
low carbon energy, and |
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(e) |
identification, development
and utilisation of local sources of biomass. |
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(2) |
A plan must specify the
carbon outcomes of the measures that it contains. |
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(3) |
Any body that has published
a plan must produce an annual carbon budget for |
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the measures in the plan. |
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(4) |
A plan prepared by a principal
council may— |
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(a) |
request that such new functions
be conferred on the body as in the |
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opinion of the body would
enable it to make a greater contribution to |
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achieving the purpose specified
in section 1; and |
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(b) |
make a recommendation to
the Secretary of State for a transfer of |
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functions from one person
to another. |
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(5) |
A principal council may
not make a recommendation for a transfer of functions |
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pursuant to subsection
(4) unless it has consulted— |
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(a) |
the person to whose functions
it relates; and |
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(b) |
the person to whom the
body considers the functions should be |
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(6) |
Within 6 months of receiving
any request pursuant to subsection (4)(a) or |
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recommendation pursuant
to subsection (4)(b) the Secretary of State must— |
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(a) |
adopt and implement, or
take the necessary action to commence the |
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process of implementation,
or |
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the
request or recommendation and in either case shall give reasons
for his |
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(7) |
Where
any functions are conferred or transferred under this section,
the Secretary of |
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State
shall ensure that the moneys necessary for the discharge of
those functions are |
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(8) |
Any body on which functions
are conferred or to which functions are |
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transferred under this
section may determine how the functions are then |
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(9) |
At least once in every
calendar year following the year in which this Act is |
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passed the Secretary of
State must publish a report listing all decisions taken |
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by him pursuant to this
section and containing the reasons for those decisions. |
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4 |
Duty
to provide resources |
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(1) |
The
Secretary of State shall provide resources for a specified body
to implement any |
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measures
in its plan that are in his opinion a cost effective method
of achieving his |
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(2) |
In deciding which measures
are a cost effective method of achieving his energy |
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policy objectives the Secretary
of State shall consult the specified body |
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5 |
Sustainable
energy plans: public involvement |
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(1) |
Before drawing up a plan
a specified body must— |
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(a) |
consult such persons in
its area as in its opinion will have an interest in |
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(b) |
establish a panel of representatives
of local persons; |
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(c) |
consult and try to reach
agreement with the panel about the content of |
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(d) |
have regard to any guidance
issued, or deemed to be issued, under |
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(2) |
The Secretary of State
must, subject to subsection (3), issue guidance to local |
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authorities about public
involvement in drawing up plans and the |
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establishment of panels
which must include guidance about the inclusion |
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among those persons and
panels of persons from under-represented groups. |
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(3) |
If the Secretary of State
is of the opinion that guidance issued under any other |
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enactment satisfies the
requirements of subsection (2), he may deem such |
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guidance to be guidance
issued pursuant to this Act. |
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(4) |
A panel established pursuant
to this section must, subject to subsection (5), |
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include representatives
of parish councils in the specified body’s area. |
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(5) |
A specified body shall
select the representatives of parish councils to be |
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members of any such panel,
unless the parish council nominates or otherwise |
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selects a member to serve
on the panel within 6 months of its establishment. |
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(6) |
A specified body shall
have regard, when preparing its plan, to any parish plan |
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published by a parish or
community council. |
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(7) |
A specified body may act
jointly with another specified body whose functions |
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cover all or part of its
area in discharging its duty pursuant to this section. |
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(1) |
The following bodies are
specified bodies under this Act— |
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(a) |
regional development agencies,
and |
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(2) |
The Secretary of State
may by order specify other bodies. |
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(1) |
Any power to make an order
or regulations under this Act is exercisable by |
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(2) |
A
statutory instrument containing an order or regulations under
this Act is |
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subject to annulment in
pursuance of a resolution of either House of |
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“carbon budget”
shall be construed in accordance with the Climate |
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“carbon outcome”
means the impact on the net UK carbon account, |
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construed in accordance
with the Climate Change Act 2008; |
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“fuel poverty”
shall be construed in accordance with section 1 of the |
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Warm
Homes and Energy Conservation Act 2000 (c. 31); |
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“principal council”
means a county borough council, a district council, a |
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metropolitan district council
or a London Borough Council; |
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“microgeneration”
has the same meaning as in section 26 of the Climate
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Change
and Sustainable Energy Act 2006 (c. 19); |
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“regional development
agency” has the same meaning as in the Regional
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Development
Agencies Act 1998 (c. 45); |
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“under-represented
groups” has the same meaning as in such regulations |
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as may be made under the
Sustainable Communities Act 2007 (c. 23). |
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There
shall be paid out of money provided by Parliament— |
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(a) |
any
sums to be paid by the Secretary of State for or in connection
with the |
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carrying
out of his functions under this Act; and |
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(b) |
any
increase attributable to this Act in the sums which are payable
out of |
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money
so provided under any other Act. |
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10 |
Short
title and extent |
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(1) |
This Act may be cited as
the Sustainable Energy (Local Plans) Act 2008. |
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(2) |
This Act extends to England
and Wales only. |
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