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Make
further provision for the promotion of microgeneration and energy
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efficiency; 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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1 |
Revision
of microgeneration strategy |
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(1) |
The Secretary of State must,
within 12 months of the date on which this Act is |
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(a) |
publish a report on the effects
and expected effects of the |
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microgeneration strategy (“the
strategy”) published under section 82 |
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(microgeneration) of the Energy
Act 2004 (c. 20); |
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(b) |
invite comments on the strategy,
including any proposed revisions, |
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from such persons appearing
to him to represent the producers and |
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suppliers of plant used for
microgeneration and such other persons as |
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he considers appropriate.
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(2) |
The Secretary of State must
publish a revised strategy if, in his opinion, the |
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comments received pursuant
to subsection (1)(b) indicate that a revision is |
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(3) |
The provisions of section
82 of the Energy Act 2004 shall apply to any revised |
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strategy published under
subsection (2). |
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(1) |
The Chancellor of the Exchequer
(“the Chancellor”)— |
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(a) |
must, within one year of
the date on which this Act is passed, publish a |
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fiscal strategy to promote
energy efficiency and microgeneration; and |
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(b) |
may from time to time revise
it. |
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(2) |
In preparing or revising
the fiscal strategy the Chancellor must consult such |
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persons appearing to him
to represent the producers, suppliers, distributors |
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and financiers of plant used
for microgeneration and such other persons as he |
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(3) |
The
Chancellor must take reasonable steps to implement the fiscal
strategy. |
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3 |
Review
of permitted development orders |
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(1) |
The Secretary of State shall,
for the purpose mentioned in subsection (2), carry |
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out a review of the effect
in England of development orders made under |
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section 59(2)(a) of the Town
and Country Planning Act 1990 (c. 8) (power by |
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order to grant planning permission
for the development or a class of |
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development specified in
the order). |
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(2) |
The purpose is to provide
information to assist the Secretary of State to form an |
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opinion on any provisions
required in development orders to facilitate |
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development in England consisting
of the installation, on agricultural land or |
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within the curtilage of an
agricultural building, of equipment, apparatus or |
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appliances for microgeneration.
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(3) |
In carrying out the review
the Secretary of State must consult persons |
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appearing to him to represent— |
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(a) |
the producers and suppliers
of plant used for microgeneration, |
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(b) |
persons resident in rural
areas, and |
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(c) |
local authorities, including
parish councils; |
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and
such other persons as he considers appropriate. |
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(4) |
As soon as reasonably practicable
after he has carried out the review, the |
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Secretary of State must lay
before Parliament a report on the review, which |
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(a) |
his opinion, as mentioned
in subsection (2); |
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(b) |
any consequential changes
proposed to be made to development |
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orders under section 59(2)(a)
of the Town and Country Planning Act |
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(5) |
Where the Secretary of State
proposes to make provisions in development |
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orders in consequence of
the review, he must— |
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(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 |
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under that section make such
provision in consequence of the review as |
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he considers appropriate; |
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(b) |
exercise those powers as
soon as reasonably practicable after laying the |
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report of the review before
Parliament under subsection (4). |
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(6) |
In this section “agricultural
land” and an “agricultural building” have the
same |
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meaning as in paragraphs
2 to 8 of Schedule 5 to the Local Government Finance |
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Act 1988 (c. 41) (non-domestic
rating: exemption). |
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4 |
Information
to be included in marketing material for properties |
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(1) |
Where a residential property
is put on the market, the estate agent responsible |
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for marketing the property
must include in all documentation produced for the |
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purpose of marketing the
property any energy rating contained in any home |
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information pack relating
to that property. |
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(2) |
It shall be the duty of
estate agents when offering a property for sale to include |
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in any specified particulars
the following notice displayed reasonably |
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“Climate change is damaging the planet: using too much |
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energy
causes climate change. Insulating your home or |
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installing
microgeneration equipment can save energy, |
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cut
fuel bills and protect the planet.” |
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“energy rating”,
in relation to a property, has the same meaning as in the |
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Building (Approved Inspectors
etc) Regulations 2000, SI 2000/2532; |
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“estate agent”,
“residential property”, “the market” and
related |
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expressions have the same
meaning as in Part 5 of the Housing Act 2004 |
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(home information packs); |
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“specified particulars”
means— |
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(a) |
any leaflets, brochures
or similar written material (other than |
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newspaper advertisements),
advertising the sale of any |
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(b) |
any such advertisements
on the internet. |
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Council
tax and non domestic rates |
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(1) |
Any estimated increase in
the value of a dwelling caused by the installation of |
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an energy efficiency measure
or a microgeneration system shall not be treated |
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a material increase for the
purpose of assessing council tax or non domestic |
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rates payable on that dwelling.
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(2) |
In this section and in section
6— |
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“an energy efficiency
measure” is a measure to improve efficiency in the |
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use of energy in the property; |
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“microgeneration
system” has the same meaning as in section 4(9) of the |
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Climate Change and Sustainable
Energy Act 2006 (c. 19). |
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6 |
Mortgages
for energy efficiency measures |
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(1) |
A bank or building society
which offers one or more mortgage products in the |
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normal course of its business
must provide a facility under which money may |
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be lent, at a reasonable
rate of interest, for the installation of energy efficiency |
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measures or a microgeneration
system. |
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“bank” has
the same meaning as in section 840A of the Income and |
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Corporation Taxes Act 1988
(c. 1); |
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“building society”
means a building society within the Building Societies |
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7 |
Installation
of electricity meters |
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From the date 12 months
after the date on which this this Act is passed, a |
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person who instals a new
electricity metering system in domestic premises |
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must must ensure that the
system has the capability to measure the amount of |
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electricity imported and
exported in any given time period. |
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8 |
Gas
and Electricity Markets Authority: duty to encourage reduction
in |
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household energy consumption |
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(1) |
The Electricity Act 1989
(c. 29) is amended as follows. |
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(2) |
After subsection (5)(ba)
of section 3A (the principal objective and general |
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duties of the Secretary of
State and the Authority), insert— |
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“(bb) |
to promote the establishment
of energy services companies |
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delivering
long-term sustainable, secure and affordable heat |
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and
power; to encourage persons authorised by licences or |
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exemptions
to undertake measures to reduce household energy |
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consumption;
to promote local power generation and heat |
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(3) |
The Gas Act 1986 (c. 44)
is amended as follows. |
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(4) |
After subsection (5)(ba)
of section 4AA (the principal objective and general |
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duties of the Secretary of
State and the Authority), insert— |
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“(bb) |
to promote the establishment
of energy services companies |
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delivering
long-term sustainable, secure and affordable heat |
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and
power; to encourage persons authorised by licences or |
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exemptions
to undertake measures to reduce household energy |
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consumption;
to promote local power generation and heat |
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9 |
Licensing
of electricity supply: exemption for local distribution networks |
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(1) |
The Electricity Act 1989
is amended as follows. |
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(2) |
After section 5, insert— |
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“5A |
Exemptions
from prohibition: small suppliers |
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(1) |
Persons who distribute
electrical power for the purpose of providing a |
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supply
to domestic consumers, or enabling a supply to be so provided
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with
that electrical power, shall be exempt from the provisions of
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section
4(1) if their distribution system is a local distribution network. |
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(2) |
In this section “local
distribution network” is a person’s electricity |
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distribution
system where the electricity is generated within a radius of |
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Short
title and extent |
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(1) |
This Act may be cited as
the Microgeneration and Local Energy Act 2008. |
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(2) |
This Act extends to England
and Wales, Scotland and Northern Ireland. |
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