House of Commons

17th June 2009

Public Bill Committee

Green Energy (Definition and Promotion) Bill

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Joan Ruddock

1

Page  1,  line  1,  leave out clause 1.

Joan Ruddock

2

Clause  2,  page  1,  line  20,  leave out from ‘means’ to end of line 21 and insert ‘—

‘(a)	the generation of electricity or heat from renewable or low-carbon sources

by the use of any equipment, the capacity of which to generate electricity

or heat does not exceed the capacity specified in subsection (2A); and

(b)	energy efficiency measures.

(2A)	That capacity is—

(a)	in relation to the generation of electricity, 5 megawatts;

(b)	in relation to the generation of heat, 5 megawatts thermal.’.

Member’s explanatory statement

This amendment alters the definition of “green energy”, aligning the concept with existing

legislative terms, and giving it the meaning of generation of electricity or heat from renewable or

low-carbon sources. It sets capacity limits relating to that generation and provides that “green

energy” includes energy efficiency measures.

Joan Ruddock

3

Clause  2,  page  1,  leave out lines 22 and 23 and insert—

‘(3)	In carrying out any function under this Act, the Secretary of State must have regard

to—’.

Member’s explanatory statement

The Secretary of State is the only person who can perform functions under the Bill, and therefore

this amendment replaces the reference to “any person” with a reference to the Secretary of State.

Joan Ruddock

4

Page  2,  line  4,  leave out clause 3.

Joan Ruddock

5

Page  2,  line  36,  leave out clause 4.

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Green Energy (Definition and Promotion) Bill, continued

Joan Ruddock

6

Page  3,  line  25,  leave out clause 5.

Joan Ruddock

7

Page  3,  line  41,  leave out clause 6.

Joan Ruddock

8

Clause  7,  page  4,  line  3,  at end insert—

‘( )	This Act comes into force at the end of 2 months beginning with the day on which

it is passed.’.

Member’s explanatory statement

This amendment has the effect that the Bill will come into force 2 months after it is passed, which

is the normal minimum period after Royal Assent.

Joan Ruddock

9

Clause  7,  page  4,  line  4,  after ‘England’ insert ‘and Wales’.

Member’s explanatory statement

This amendment alters the territorial extent of the Bill to include Wales. This is a technical

requirement because the jurisdiction of whose law the Bill will form part is “England and Wales”:

however, the amendment will have no practical effect because the new clauses apply to England

only.

Joan Ruddock

10

Page  5,  line  1,  leave out the Schedule.

Microgeneration strategy

Joan Ruddock

11

To move the following Clause:—

‘(1)	The Secretary of State must prepare and publish a strategy for the promotion of

microgeneration in England.

(2)	Before preparing the strategy, the Secretary of State must consult—

(a)	persons who appear to the Secretary of State to represent the producers and

suppliers of equipment for microgeneration; and

(b)	any other persons whom the Secretary of State thinks it appropriate to

consult.

(3)	Consultation under subsection (2) must begin within 6 months beginning with the

coming into force of this Act.

(4)	The Secretary of State must publish the strategy within 6 months beginning with

the end of the consultation.

(5)	In preparing the strategy, the Secretary of State must—

Public Bill Committee: 17th June 2009

Green Energy (Definition and Promotion) Bill, continued

(a)	consider the contribution that is capable of being made by microgeneration

to the matters specified in section 82(3) of the Energy Act 2004

(microgeneration strategy for Great Britain); and

(b)	have regard to any other strategy published by the Secretary of State on or

after 1st July 2009 in so far as it relates to the generation of electricity or

heat from renewable or low-carbon sources.

(6)	The Secretary of State must take reasonable steps to secure the implementation of

the strategy.

(7)	In this section—

“microgeneration” has the meaning given by section 82 of the Energy Act

2004, but as if in subsection (8) of that section for “45 kilowatts thermal”

there were substituted “300 kilowatts thermal”;

“renewable or low-carbon source” means a source of energy or technology

specified in section 82(7) of the Energy Act 2004.’.

Member’s explanatory statement

This clause requires consultation on, and publication of, a strategy to promote microgeneration in

England and aligns the definition of “microgeneration” with the Energy Act 2004 (but increasing

the limit for heat to 300kW thermal). It is intended to replace clause 3 of the Bill.

Microgeneration: dwellinghouses

Joan Ruddock

12

To move the following Clause:—

‘(1)	The Secretary of State must amend the Town and Country Planning (General

Permitted Development) Order 1995 (S.I. 1995/418) (the “GPDO”), in relation to

England, to provide for the grant of planning permission for specified classes of

equipment for microgeneration on, or within the curtilage of, a dwellinghouse.

(2)	The classes of equipment for microgeneration specified by virtue of subsection (1)

must be or include wind turbines and air source heat pumps.

(3)	“Specified” in subsections (1) and (2) means specified in the GPDO.

(4)	The amendment mentioned in subsection (1) must be made within 6 months

beginning with the coming into force of this Act.

(5)	Provision by virtue of subsection (1) may grant planning permission subject to

limitations, exceptions or conditions.

(6)	The Secretary of State must review the effect of the amendment of the GPDO as

soon as reasonably practicable after the end of 2 years beginning with the date on

which the amendment comes into force.

(7)	In this section “microgeneration” has the meaning given by section 82 of the

Energy Act 2004.’.

Member’s explanatory statement

This clause, intended to replace clause 5 of the Bill, requires amendments to the GPDO to grant

permitted development rights for wind turbines and air source heat pumps within 6 months of the

Bill’s coming into force. It also requires a review of these amendments after 2 years.

Microgeneration: non-domestic land

Public Bill Committee: 17th June 2009

Green Energy (Definition and Promotion) Bill, continued

Joan Ruddock

13

To move the following Clause:—

‘(1)	The Secretary of State must consider amending the GPDO for the purpose of

facilitating the installation of equipment for microgeneration on non-domestic land

in England.

(2)	In subsection (1) “non-domestic land” means buildings, or other land, other than a

dwellinghouse or land within the curtilage of a dwellinghouse.

(3)	Consideration under subsection (1) must begin within 6 months beginning with the

coming into force of this Act.

(4)	The Secretary of State must, as soon as reasonably practicable, lay a report before

Parliament setting out the outcome of the consideration under subsection (1).

(5)	In considering what, if any, amendments should be made to the GPDO, the

Secretary of State—

(a)	must have regard to the results of any relevant consultation which has been

carried out by the Secretary of State in relation to the GPDO; and

(b)	may carry out further consultation if the Secretary of State thinks it

appropriate.

(6)	In this section “microgeneration” has the same meaning as in section

[Microgeneration: dwellinghouses].’.

Member’s explanatory statement

This clause, intended to replace clause 4 of the Bill, requires the Secretary of State to consider

amending the GPDO to grant permitted development rights for microgeneration equipment on non-

domestic land. The amendment requires the Secretary of State to take account of earlier

consultations and also enables further consultation.

Interpretation

Joan Ruddock

14

To move the following Clause:—

In this Act—

“dwellinghouse” includes a building which consists wholly of flats;

“energy efficiency measure” means a measure to improve efficiency in the

use by consumers of electricity, gas or any other source of energy;

“equipment” means anything which is plant for the purposes of section 82(6)

of the Energy Act 2004;

“fuel poverty” has the meaning given by section 1 of the Warm Homes and

Energy Conservation Act 2000;

“the GPDO” has the meaning given by section [Microgeneration:

dwellinghouses](1);

“renewable or low-carbon source” has the meaning given by section

[Microgeneration strategy](7).

Member’s explanatory statement

This clause is intended to replace clause 1 and defines specific terms used in the Bill, where possible

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Green Energy (Definition and Promotion) Bill, continued

aligning them with existing definitions in other legislation.

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Revised 23 June 2009