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Make further provision about fuel poverty; 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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The purpose of this Act is to promote the eradication of fuel poverty by |
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increasing the energy efficiency of domestic premises. |
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(1) | It is the duty of the Secretary of State to ensure that the number of households |
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specified in subsection 6(2)(a) as being in fuel poverty are offered a package of |
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energy efficiency and other measures based upon a “whole house approach”, |
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as defined in section 3, by the end of 2016 (“the principal duty”). |
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(2) | Where an offer made pursuant to subsection (1) has been made and accepted— |
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(a) | if the acceptance was before 31 December 2015, the date by which the |
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works must be completed (“the implementation date”) shall be 31 |
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(b) | if the acceptance was after 31 December 2015, the implementation date |
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shall be 31 December 2017. |
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(3) | The Secretary of State must take all reasonable steps to ensure that the offers |
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made pursuant to subsection (1) are made to households in fuel poverty. |
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(1) | A “whole house approach” is an approach as defined by this section. |
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(2) | A “whole house approach”— |
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(a) | must include an offer made directly to households in fuel poverty; |
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(b) | must, together with any measures taken or proposed to be taken |
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pursuant to any existing scheme to combat fuel poverty, increase |
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energy efficiency in the household in accordance with the purpose of |
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(c) | may, before being finalised, take into account the effects on a particular |
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household of any measures taken or proposed to be taken pursuant to |
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any existing scheme to combat fuel poverty; |
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(d) | must consider a householder’s energy needs and carbon dioxide |
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impacts as a whole and establish a package of measures to address |
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(e) | must include all measures available at the time of assessment that the |
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Secretary of State considers suitable for the property, and |
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(i) | which pay back through fuel bill savings over the lifetime of the |
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(ii) | which are necessary to remove that household from fuel |
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poverty or to ensure that the property reaches Energy |
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Performance Certificate band C; |
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(f) | must identify all relevant cost-effective measures; |
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(g) | must be tailored for each property; and |
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(h) | must incur no installation cost to any householder. |
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(3) | In this section, measures include— |
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(a) | steps to increase the energy efficiency of premises, |
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(b) | microgeneration as defined by the Energy Act 2004 (c. 20), |
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(c) | renewable energy measures, and |
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| where applicable to a property. |
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(4) | In meeting his obligations under section 2, the Secretary of State must ensure |
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that any measures taken or proposed to be taken pursuant to any scheme to |
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combat fuel poverty referred to in subsection (2) shall be organised in such a |
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way as to achieve the most cost-effective way that is reasonably practicable. |
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4 | Amendment of 2016 target |
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(1) | The Secretary of State may by order amend the implementation date specified |
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(2) | The power in subsection (1) may only be exercised— |
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(a) | if it appears, in the opinion of the Secretary of State, that there have |
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been significant and unforeseen changes in— |
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(ii) | the economy of the United Kingdom, or |
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(iii) | the number of people who are unemployed and living in fuel |
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(3) | An order under this section may not be made unless a draft of the statutory |
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instrument containing it as been laid before Parliament and approved by a |
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resolution of each House of Parliament. |
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5 | Procedure and consultation on order amending 2016 target |
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(1) | Before laying before Parliament a draft of a statutory instrument containing an |
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order under section 4 (amendment of 2016 target), the Secretary of State must— |
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(a) | consult and have regard to the views of any advisory body that he has |
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established for the purposes of tackling fuel poverty, |
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(b) | take into account any representation made by other persons with |
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expertise in tackling fuel poverty, |
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(c) | make a motion in both Houses of Parliament proposing the changes to |
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the target that are proposed to be made, and |
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(d) | publish a statement giving his reasons for those changes. |
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(2) | At the same time as laying such a draft statutory instrument before Parliament, |
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the Secretary of State must publish a statement setting out how he has |
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considered any views and representations made to him pursuant to |
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paragraphs (1)(a) and (b). |
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(3) | The Secretary of State must, when laying a draft statutory instrument under |
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section 4, comply with any decision made by both Houses of Parliament |
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pursuant to subsection (1)(c). |
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6 | The Fuel Poverty Strategy |
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(1) | The Secretary of State must, not later than twelve months after the coming into |
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force of this Act, publish a document containing plans, policies and proposed |
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measures (referred to in this Act as the “Fuel Poverty Strategy”) that will be |
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used to meet the principal duty in section 2(1). |
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(2) | The Fuel Poverty Strategy must— |
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(a) | include an assessment of the number of properties in England |
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inhabited by households in fuel poverty on 31 December 2008; |
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(b) | explain how each of the plans, policies and proposed measures in the |
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Fuel Poverty Strategy will contribute to meeting the principal duty; |
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(c) | include the estimated cost of each of the plans, policies and proposed |
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measures, together with details in each case of the funding sources for |
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(d) | state which person or persons are responsible for delivery of each of the |
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plans, policies and proposed measures contained in the Fuel Poverty |
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(3) | The Fuel Poverty Strategy must include— |
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(a) | policies to promote energy efficiency measures and the use of |
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microgeneration installations and locally supplied sustainable energy |
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(b) | proposals for financial and fiscal measures to promote energy efficiency, |
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microgeneration and locally supplied sustainable energy; |
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(c) | such new functions for the Gas and Electricity Markets Authority as in |
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the opinion of the Secretary of State will assist in meeting the principal |
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(d) | such other plans, policies and measures as the Secretary of State |
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(4) | The Fuel Poverty Strategy must specify the number of existing properties that |
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are intended to be made fuel poverty-proof in each calendar year until 31 |
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(5) | The Secretary of State shall take such steps as are necessary to implement the |
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7 | Fuel poverty annual report |
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(1) | In accordance with the provisions of this section the Secretary of State must |
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publish an annual report on progress towards fulfilling his duties under this |
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Act (a “Fuel Poverty Annual Report”). |
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(2) | The first Fuel Poverty Annual Report must be published within 12 months of |
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the publication of the Fuel Poverty Strategy and thereafter a further Fuel |
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Poverty Annual Report must be published once each calendar year until 2017. |
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(3) | A Fuel Poverty Annual Report must— |
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(a) | include details of measures taken in the reporting year in pursuance of |
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the Fuel Poverty Strategy; |
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(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 |
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principal duty and the duty under section 6(5) (the duty to implement |
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the Fuel Poverty Strategy); |
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(c) | state the number of existing properties made fuel poverty-proof in the |
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(d) | contain an assessment of the number of existing properties in England |
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inhabited by households in fuel poverty on 31 December in the |
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(e) | contain an estimate of the number of existing properties in England that |
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are likely to be inhabited by households in fuel poverty on 31 December |
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in each subsequent year to 2020. |
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(4) | A Fuel Poverty Annual Report may contain such other information about |
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measures, plans, policies and proposals under this Act as the Secretary of State |
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(5) | In this section “the reporting year” shall be the calendar year ending on 31 |
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December in the year prior to the date of publication of the relevant Fuel |
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8 | Changes in the number of properties to be made fuel poverty-proof under the |
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(1) | Subject to the further provisions of this section, where an assessment made |
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pursuant to section 7(3)(d) concludes that a greater number of households is in |
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fuel poverty than was specified in the Fuel Poverty Strategy, the principal duty |
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shall, subject to subsection (2), thereafter be deemed to apply to that latest |
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(2) | This subsection applies where the number specified in section 7(3)(d) in the |
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Fuel Poverty Annual Report published in 2016 exceeds the number to which |
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the principal duty previously applied by an amount such that in the opinion of |
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the Secretary of State it is not reasonably practicable to comply with the |
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principal duty by 31 December 2016 in respect of those additional properties. |
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(3) | Where subsection (2) applies— |
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(a) | the principal duty shall apply in respect of the number of properties |
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which was subject to that duty prior to the publication of the 2016 Fuel |
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Poverty Annual Report; and |
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(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 offered a package of |
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energy efficiency and other measures in accordance with section 2(1) by |
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9 | 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 |
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in accordance with the purpose of this Act. |
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(2) | The Secretary of State shall take all practicable measures to ensure that as many |
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as possible of the properties that are made fuel poverty-proof under this Act |
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are properties that are occupied by persons in fuel poverty. |
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10 | Revision of the Fuel Poverty Strategy |
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(1) | Where at any date prior to 1 January 2016 one or both of the conditions in |
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subsection (2) applies, the Secretary of State must revise the Fuel Poverty |
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(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 |
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that inadequate progress is being made towards securing compliance |
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with the principal duty; or |
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(b) | that the number of properties reported in a Fuel Poverty Annual Report |
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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 |
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(3) | The Secretary of State may amend and publish the Fuel Poverty Strategy at any |
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time if, in his opinion, it is necessary or desirable to do so in order to ensure |
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that the principal duty or the duty to implement the Fuel Poverty Strategy |
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under section 6(5) is met. |
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(4) | The duty under section 6(5) shall apply to any revised strategy in the same way |
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as it applies to the Fuel Poverty Strategy as originally published. |
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11 | Duty to consult and try to reach agreement |
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(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— |
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(a) | organisations representing the interests of persons living in fuel |
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(b) | organisations representing environmental interests; and |
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(c) | organisations representing business interests. |
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(2) | In subsection (1) the specified acts are— |
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(a) | the publication of the Fuel Poverty Strategy; |
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(b) | the publication of any revision to the Fuel Poverty Strategy; |
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(c) | making regulations under section 12 (energy assistance packages). |
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12 | Energy assistance packages |
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(1) | The Secretary of State shall, within six months of the commencement of this |
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Act, make regulations prescribing that energy suppliers of one or more |
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specified descriptions shall be required to provide energy assistance packages |
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to such of their customers as are prescribed in the regulations. |
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(2) | Regulations made under this section shall prescribe— |
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(a) | those energy suppliers to which the regulations shall apply |
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(“prescribed suppliers”); and |
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(b) | those persons who shall be eligible for energy assistance packages |
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(“prescribed customers”). |
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(3) | Energy assistance packages provided for by regulations under this section |
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shall, as a minimum, require prescribed suppliers to supply energy to all of |
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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 |
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(4) | The Secretary of State shall consult the Welsh Ministers and the Scottish |
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Ministers on the application of this section to gas and electricity customers in |
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There shall be paid out of money provided by Parliament— |
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(a) | any expenditure incurred under or by virtue of this Act by the Secretary of |
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(b) | any increase attributable to this Act in the sums payable under any other Act |
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out of money so provided. |
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(a) | “energy performance certificate” has the same meaning as under the |
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Energy Performance of Buildings (Certificates and Inspections) |
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(England and Wales) Regulations 2007 (SI 2007/991). |
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(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 |
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graphical scale of the energy performance of the property under |
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Regulation 11 of the 2007 Regulations in a manner approved by the |
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Secretary of State under regulation 17A of the Building Regulations |
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(c) | A “household in fuel poverty” is a household that would need to spend |
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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 |
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and 18oC in all other rooms for at least 16 hours a day. |
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(d) | “sustainable energy” means those sources of energy and technologies |
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set out in section 26(2) of the Climate Change and Sustainable Energy |
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15 | Short title and extent |
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(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. |
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(3) | Section 12 (energy assistance packages) extends to England and Wales and |
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