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| Green Energy (Definition and Promotion) Bill
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| Page 1, line 1, leave out clause 1. |
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| Clause 2, page 1, line 20, leave out from ‘means’ to end of line 21 and insert ‘— |
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| | ‘(a) | the generation of electricity or heat from renewable or low-carbon sources |
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| | by the use of any equipment, the capacity of which to generate electricity |
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| | or heat does not exceed the capacity specified in subsection (2A); and |
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| | (b) | energy efficiency measures. |
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| | (a) | in relation to the generation of electricity, 5 megawatts; |
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| | (b) | in relation to the generation of heat, 5 megawatts thermal.’. |
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| Member’s explanatory statement
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| This amendment alters the definition of “green energy”, aligning the concept with existing |
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| legislative terms, and giving it the meaning of generation of electricity or heat from renewable or |
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| low-carbon sources. It sets capacity limits relating to that generation and provides that “green |
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| energy” includes energy efficiency measures. |
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| Clause 2, page 1, leave out lines 22 and 23 and insert— |
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| | ‘(3) | In carrying out any function under this Act, the Secretary of State must have regard |
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| Member’s explanatory statement
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| The Secretary of State is the only person who can perform functions under the Bill, and therefore |
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| this amendment replaces the reference to “any person” with a reference to the Secretary of State. |
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| Page 2, line 4, leave out clause 3. |
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| Page 2, line 36, leave out clause 4. |
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| Page 3, line 25, leave out clause 5. |
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| Page 3, line 41, leave out clause 6. |
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| Clause 7, page 4, line 3, at end insert— |
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| | ‘( ) | This Act comes into force at the end of 2 months beginning with the day on which |
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| Member’s explanatory statement
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| This amendment has the effect that the Bill will come into force 2 months after it is passed, which |
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| is the normal minimum period after Royal Assent. |
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| Clause 7, page 4, line 4, after ‘England’ insert ‘and Wales’. |
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| Member’s explanatory statement
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| This amendment alters the territorial extent of the Bill to include Wales. This is a technical |
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| requirement because the jurisdiction of whose law the Bill will form part is “England and Wales”: |
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| however, the amendment will have no practical effect because the new clauses apply to England |
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| Page 5, line 1, leave out the Schedule. |
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| | To move the following Clause:— |
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| | ‘(1) | The Secretary of State must prepare and publish a strategy for the promotion of |
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| | microgeneration in England. |
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| | (2) | Before preparing the strategy, the Secretary of State must consult— |
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| | (a) | persons who appear to the Secretary of State to represent the producers and |
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| | suppliers of equipment for microgeneration; and |
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| | (b) | any other persons whom the Secretary of State thinks it appropriate to |
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| | (3) | Consultation under subsection (2) must begin within 6 months beginning with the |
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| | coming into force of this Act. |
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| | (4) | The Secretary of State must publish the strategy within 6 months beginning with |
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| | the end of the consultation. |
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| | (5) | In preparing the strategy, the Secretary of State must— |
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| | (a) | consider the contribution that is capable of being made by microgeneration |
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| | to the matters specified in section 82(3) of the Energy Act 2004 |
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| | (microgeneration strategy for Great Britain); and |
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| | (b) | have regard to any other strategy published by the Secretary of State on or |
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| | after 1st July 2009 in so far as it relates to the generation of electricity or |
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| | heat from renewable or low-carbon sources. |
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| | (6) | The Secretary of State must take reasonable steps to secure the implementation of |
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| | “microgeneration” has the meaning given by section 82 of the Energy Act |
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| | 2004, but as if in subsection (8) of that section for “45 kilowatts thermal” |
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| | there were substituted “300 kilowatts thermal”; |
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| | “renewable or low-carbon source” means a source of energy or technology |
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| | specified in section 82(7) of the Energy Act 2004.’. |
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| Member’s explanatory statement
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| This clause requires consultation on, and publication of, a strategy to promote microgeneration in |
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| England and aligns the definition of “microgeneration” with the Energy Act 2004 (but increasing |
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| the limit for heat to 300kW thermal). It is intended to replace clause 3 of the Bill. |
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| | Microgeneration: dwellinghouses |
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| | To move the following Clause:— |
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| | ‘(1) | The Secretary of State must amend the Town and Country Planning (General |
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| | Permitted Development) Order 1995 (S.I. 1995/418) (the “GPDO”), in relation to |
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| | England, to provide for the grant of planning permission for specified classes of |
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| | equipment for microgeneration on, or within the curtilage of, a dwellinghouse. |
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| | (2) | The classes of equipment for microgeneration specified by virtue of subsection (1) |
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| | must be or include wind turbines and air source heat pumps. |
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| | (3) | “Specified” in subsections (1) and (2) means specified in the GPDO. |
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| | (4) | The amendment mentioned in subsection (1) must be made within 6 months |
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| | beginning with the coming into force of this Act. |
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| | (5) | Provision by virtue of subsection (1) may grant planning permission subject to |
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| | limitations, exceptions or conditions. |
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| | (6) | The Secretary of State must review the effect of the amendment of the GPDO as |
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| | soon as reasonably practicable after the end of 2 years beginning with the date on |
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| | which the amendment comes into force. |
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| | (7) | In this section “microgeneration” has the meaning given by section 82 of the |
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| Member’s explanatory statement
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| This clause, intended to replace clause 5 of the Bill, requires amendments to the GPDO to grant |
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| permitted development rights for wind turbines and air source heat pumps within 6 months of the |
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| Bill’s coming into force. It also requires a review of these amendments after 2 years. |
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| | Microgeneration: non-domestic land |
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| | To move the following Clause:— |
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| | ‘(1) | The Secretary of State must consider amending the GPDO for the purpose of |
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| | facilitating the installation of equipment for microgeneration on non-domestic land |
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| | (2) | In subsection (1) “non-domestic land” means buildings, or other land, other than a |
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| | dwellinghouse or land within the curtilage of a dwellinghouse. |
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| | (3) | Consideration under subsection (1) must begin within 6 months beginning with the |
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| | coming into force of this Act. |
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| | (4) | The Secretary of State must, as soon as reasonably practicable, lay a report before |
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| | Parliament setting out the outcome of the consideration under subsection (1). |
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| | (5) | In considering what, if any, amendments should be made to the GPDO, the |
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| | (a) | must have regard to the results of any relevant consultation which has been |
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| | carried out by the Secretary of State in relation to the GPDO; and |
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| | (b) | may carry out further consultation if the Secretary of State thinks it |
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| | (6) | In this section “microgeneration” has the same meaning as in section |
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| | [Microgeneration: dwellinghouses].’. |
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| Member’s explanatory statement
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| This clause, intended to replace clause 4 of the Bill, requires the Secretary of State to consider |
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| amending the GPDO to grant permitted development rights for microgeneration equipment on non- |
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| domestic land. The amendment requires the Secretary of State to take account of earlier |
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| consultations and also enables further consultation. |
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| | To move the following Clause:— |
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| | “dwellinghouse” includes a building which consists wholly of flats; |
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| | “energy efficiency measure” means a measure to improve efficiency in the |
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| | use by consumers of electricity, gas or any other source of energy; |
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| | “equipment” means anything which is plant for the purposes of section 82(6) |
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| | “fuel poverty” has the meaning given by section 1 of the Warm Homes and |
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| | Energy Conservation Act 2000; |
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| | “the GPDO” has the meaning given by section [Microgeneration: |
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| | “renewable or low-carbon source” has the meaning given by section |
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| | [Microgeneration strategy](7). |
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| Member’s explanatory statement
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| This clause is intended to replace clause 1 and defines specific terms used in the Bill, where possible |
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