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Make
provision for the establishment of carbon emissions performance
targets |
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for electricity generating
stations; 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 |
Carbon
emissions performance standard |
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The Secretary of State
shall make provision by regulations for a carbon |
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emissions performance standard
to set the maximum level of carbon dioxide |
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that may be emitted per
unit of output by any generating station requiring |
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consent for construction
or extension under section 36 of the Electricity
Act |
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1989
(c. 29) and the date by which such requirement will be
necessary. |
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2 |
Matters
that may or must be provided for in regulations |
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Regulations made under
section 1 may include provision about— |
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(a) |
the means by which proposed
generating stations are able to comply |
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with any carbon emissions
performance standard, and to demonstrate |
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compliance with any regulations
made under this section, including by |
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the capture of carbon dioxide
at the generating station and its transport |
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to and injection into geological
storage provided that such activities are |
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licensed in accordance with
applicable laws and regulations; |
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(b) |
the basis on which emissions
of carbon dioxide from combined heat |
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and power generating stations
shall be calculated, provided that the |
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unit of output includes
useful heat produced in addition to electricity |
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generated by any such generating
station; |
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(c) |
any sources of electricity
generation, including electricity generated |
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from renewable sources,
that are deemed to be compliant with any |
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carbon emissions performance
standard; and |
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(d) |
requirements for demonstrating
compliance with a carbon emissions |
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performance standard during
operation of electricity generating |
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stations that are subject
to such a standard. |
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3 |
Consent
under the Electricity Act 1989 |
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No consent shall be granted
under section 36 of the Electricity Act 1989 for any |
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generating station that
does not comply with regulations made under section 1. |
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4 |
Procedure
for making regulations |
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(1) |
Before making regulations
under section 1 (including setting the level of the |
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carbon emissions performance
standard), the Secretary of State must consult |
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such persons as are likely
to be affected by or have an interest in the |
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(2) |
Regulations made under
section 1 shall be made by statutory instrument, |
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which may not be made unless
a draft of the instrument has been laid before, |
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and approved by resolution
of, each House of Parliament. |
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(3) |
Before making regulations
under this section, the Secretary of State shall |
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(a) |
electricity generators; |
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(b) |
electricity users and consumers; |
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(c) |
the Gas and Electricity
Markets Authority; |
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(d) |
the Environment Agency with
regard to England and Wales; |
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(e) |
the Scottish Environmental
Protection Agency with regard to Scotland; |
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(f) |
the Committee on Climate
Change; |
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(g) |
such other persons or bodies
representing the interests of the electricity |
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industry, local government,
and the environment as he may consider |
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(h) |
any other persons or bodies
as he may consider appropriate. |
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(4) |
The Secretary of State
must make regulations under this section no later than |
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12 months from the date
on which this Act is passed. |
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5 |
Matters
to be taken into account in relation to carbon emissions performance
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(1) |
The Secretary of State
must take into account the following matters in coming |
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to any decision under this
Act in relation to a carbon emissions performance |
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(a) |
the most up-to-date scientific
knowledge about climate change; |
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(b) |
any advice of the Committee
on Climate Change, including in |
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connection with carbon budgets
and the target for 2050. |
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(2) |
For the avoidance of doubt,
this section does not restrict the matters that the |
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Secretary of State may
take into account. |
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35 |
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In this Act “carbon emissions performance standard”
means a standard |
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prescribed by regulations
setting the maximum level of carbon dioxide that |
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may be emitted per unit
of output from an individual generating station. |
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This Act may be cited as
the Industrial Carbon Emissions (Targets) Act 2009. |
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