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Fuel Poverty Bill


Fuel Poverty Bill

1

 

A

Bill

To

Make further provision about fuel poverty; and for connected purposes.                                  

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

1       

Purpose

The purpose of this Act is to promote the eradication of fuel poverty by

increasing the energy efficiency of domestic premises to a specified standard.

2       

 Duty of the Secretary of State to eradicate fuel poverty

(1)   

Subject to section 5, it shall be the duty of the Secretary of State to ensure that

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not less than the number of existing properties specified in section 3(2)(a) as

being occupied by households in fuel poverty are made “fuel poverty proof”

by 31 December 2016.

(2)   

For the purpose of subsection (1) an “existing property” is a property in

England that has been constructed prior to the commencement of this Act.

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(3)   

In this Act, and subject to section 11 (changes to energy performance certificate

scheme) a property shall be deemed to have been made fuel poverty proof

where—

(a)   

it is a property in respect of which an energy performance certificate

graded no less than Band B has been issued; or

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(b)   

in the case of a hard to treat property, as defined in section 6 (hard to

treat properties), it is a property in respect of which an energy

performance certificate graded no less than Band C has been issued.

3       

 The Fuel Poverty Strategy

(1)   

The Secretary of State must, not later than six months after the commencement

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of this Act, publish a document containing plans, policies and proposed

measures (referred to in this Act as the “Fuel Poverty Strategy”) that will be

used to meet the duty in section 2(1) (“the principal duty”).

 

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(2)   

The Fuel Poverty Strategy must—

(a)   

include an assessment of the number of properties in England

inhabited by households in fuel poverty on 31 December 2008;

(b)   

explain how each of the plans, policies and proposed measures in the

Fuel Poverty Strategy will contribute to meeting the the principal duty;

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(c)   

include the estimated cost of each of the plans, policies and proposed

measures, together with details in each case of the funding sources for

those policies;

(d)   

state which person or persons are responsible for delivery of each of the

plans, policies and proposed measures contained in the Fuel Poverty

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Strategy.

(3)   

The Fuel Poverty Strategy must include—

(a)   

policies to promote energy efficiency measures and the use of

microgeneration installations and locally supplied sustainable energy

in existing buildings;

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(b)   

proposals for financial and fiscal measures to promote energy

efficiency, microgeneration and locally supplied sustainable energy;

(c)   

such new functions for the Gas and Electricity Markets Authority as in

the opinion of the Secretary of State will assist in meeting the principal

duty; and

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(d)   

such other plans, policies and measures as the Secretary of State

considers appropriate.

(4)   

The Fuel Poverty Strategy must specify the number of existing properties that

are intended to be made fuel poverty proof in each calendar year until 31

December 2016.

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(5)   

The Secretary of State shall take such steps as are necessary to implement the

Fuel Poverty Strategy.

4       

Fuel poverty annual report

(1)   

In accordance with the provisions of this section the Secretary of State must

publish an annual report on progress towards fulfilling his duties under this

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Act (a “Fuel Poverty Annual Report”).

(2)   

The first Fuel Poverty Annual Report must be published within 12 months of

the publication of the Fuel Poverty Strategy and thereafter a further Fuel

Poverty Annual Report must be published once each calendar year until 2017

and in each such case not later than 12 months after the publication of the

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previous Fuel Poverty Annual Report.

(3)   

A Fuel Poverty Annual Report must—

(a)   

include details of measures taken in the reporting year in pursuance of

the Fuel Poverty Strategy;

(b)   

include an assessment of whether the Secretary of State considers that

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adequate progress is being made towards securing compliance with the

principal duty and the duty under section 3(5) (the duty to implement

the Fuel Poverty Strategy);

(c)   

state the number of existing properties made fuel poverty proof in the

reporting year;

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(d)   

contain an assessment of the number of existing properties in England

inhabited by households in fuel poverty on 31 December in the

reporting year;

 
 

Fuel Poverty Bill

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(e)   

contain an estimate of the number of existing properties in England that

are likely to be inhabited by households in fuel poverty on 31 December

in each subsequent year to 2020.

(4)   

A Fuel Poverty Annual Report may contain such other information about

measures, plans, policies and proposals under this Act as the Secretary of State

5

considers appropriate.

(5)   

In this section “the reporting year” shall be the calendar year ending on the 31

December in the year prior to the date of publication of the relevant Fuel

Poverty Annual Report.

5       

 Changes in the number of properties to be made fuel poverty proof under the

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principal duty

(1)   

Subject to the further provisions of this section, where an assessment made

pursuant to section 4(3)(d) concludes that a greater number of households is in

fuel poverty than was specified in the Fuel Poverty Strategy the principal duty

shall henceforth be deemed to apply to that latest assessment.

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(2)   

This subsection applies where the number specified in section 4(3)(d) in the

Fuel Poverty Annual Report published in 2016 exceeds the number to which

the principal duty previously applied by an amount such that in the opinion of

the Secretary of State it is not reasonably practicable to comply with the

principal duty by 31 December 2016 in respect of those additional properties.

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(3)   

Where subsection (2) applies—

(a)   

the principal duty shall apply in respect of the number of properties

that was subject to that duty prior to the publication of the 2016 Fuel

Poverty Annual Report; and

(b)   

the Secretary of State shall seek to ensure that at least the number of

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additional properties under subsection (2) shall be made fuel poverty

proof by 31 December 2017.

6       

Hard to treat properties

(1)   

A property shall be deemed to be a “hard to treat property” where the

interventions required to bring the property to the standard specified in section

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2(3)(a) would be excessively expensive or not practicable.

(2)   

The Secretary of State shall within six months of the coming into force of this

Act make regulations setting out the circumstances in which, and the means for

determining whether, a property falls within subsection (1).

7       

 Duty to fuel poverty proof the homes of the fuel poor

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(1)   

In exercising any of his functions under this Act the Secretary of State shall act

in accordance with the purpose of this Act.

(2)   

The Secretary of State shall take all practicable measures to ensure that as many

as possible of the properties that are made fuel poverty proof under this Act

are properties that are occupied by persons in fuel poverty.

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8       

 Revision of the Fuel Poverty Strategy

(1)   

Where at any date prior to 1 January 2016 one or both of the conditions in

subsection (2) applies the Secretary of State must revise the Fuel Poverty

Strategy.

(2)   

The conditions referred to in subsection (1) are—

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(a)   

that in any Fuel Poverty Annual Report the Secretary of State reports

that inadequate progress is being made towards securing compliance

with the principal duty; or

(b)   

that the number of properties reported in a Fuel Poverty Annual Report

to have been made fuel poverty proof in the reportable year is less than

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the number of properties required to have be made fuel poverty proof

under section 3(4).

(3)   

The Secretary of State may amend and publish the Fuel Poverty Strategy at any

time if, in his opinion, it is necessary or desirable to do so in order to ensure

that the principal duty or the duty to implement the Fuel Poverty Strategy

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under section 3(5) are met.

(4)   

The duty under section 3(5) shall apply to any revised strategy in the same way

as it applies to the Fuel Poverty Strategy as originally published.

9       

 Duty to consult and try to reach agreement

(1)   

Before carrying out any of the specified acts the Secretary of State must consult

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and try to reach agreement on the matter under consultation with—

(a)   

organisations representing the interests of persons living in fuel

poverty;

(b)   

organisations representing environmental interests; and

(c)   

organisations representing business interests.

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(2)   

In subsection (1) the specified acts are—

(a)   

the publication of the Fuel Poverty Strategy;

(b)   

the publication of any revision to the Fuel Poverty Strategy;

(c)   

making regulations under section 6 (hard to treat properties); and

(d)   

making regulations under section 10 (social tariffs).

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10      

 Energy assistance packages

(1)   

The Secretary of State shall, within six months of the commencement of this

Act, make regulations prescribing that energy suppliers of one or more

specified descriptions shall be required to provide energy assistance packages

to such of their customers as are prescribed in the regulations.

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(2)   

Regulations under this section shall prescribe—

(a)   

those energy suppliers to which the regulations shall apply (prescribed

suppliers); and

(b)   

those persons who shall be eligible for energy assistance packages

(prescribed customers).

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(3)   

Energy assistance packages provided for by regulations under this section

shall, as a minimum, require prescribed suppliers to supply energy to all of

their prescribed customers at a tariff that is lower than any other tariff available

 
 

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to other customers of that supplier until such time as their homes have been

made fuel poverty proof.

(4)   

The Secretary of State shall consult with the Welsh Assembly Government and

the Scottish Executive on the application of this section to gas and electricity

customers in Wales and Scotland.

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11      

Changes to the energy performance certificate scheme

(1)   

Where any relevant changes to the scheme of energy performance certificates

are made any reference in this Act to a property being made fuel poverty proof

shall be a reference to a property being made at least as energy efficient as a

property in respect of which an energy performance certificate in Band B, or

10

Band C in the case of a hard to treat property, would have been issued had it

been assessed on 31 December 2008.

(2)   

In this section a relevant change to the energy performance certificate scheme

is any change in legislation, policy or guidance having the effect that—

(a)   

energy performance certificates cease to operate; or

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(b)   

Band B or Band C of an energy performance certificate no longer

represent the same level of energy efficiency as at 31 December 2008.

12      

Expenses

There shall be paid out of money provided by Parliament

(a)   

any expenditure incurred under or by virtue of this Act by the Secretary of

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State, and

(b)   

any increase attributable to this Act in the sums payable under any other Act

out of money so provided.

13      

Interpretation

In this Act—

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(a)   

“energy performance certificate” has the same meaning as under the

Energy Performance of Buildings (Certificates and Inspections)

(England and Wales) Regulations 2007 (SI 2007/991) (the 2007

Regulations).

(b)   

A reference to an energy performance certificate being graded at “Band

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A” or “Band B” or “Band C” is a reference to the expression on a

graphical scale of the energy performance of the property under

Regulation 11 of the 2007 Regulations in a manner approved by the

Secretary of State under regulation 17A of the Building Regulations

2000 (SI 2000/2531).

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(c)   

“sustainable energy” means those sources of energy and technologies

set out in section 26(2) of the Climate Change and Sustainable Energy

Act 2006 (c. 19) as amended.

(d)   

A “household in fuel poverty” is a household that would need to spend

at least 10 per cent of its disposable income on all fuel use in order to

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achieve a temperature of 21oC in the living room or main living area

and 18oC in all other rooms for at least 16 hours a day.

14      

 Short title and extent

(1)   

This Act may be cited as the Fuel Poverty Act 2009.

 
 

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(2)   

Subject to subsection (3), this Act extends to England only.

(3)   

Section 10 (energy assistance packages) extends to England and Wales and

Scotland.

 
 

 
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