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[AS AMENDED IN PUBLIC BILL COMMITTEE] |
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define the term “green energy”; to promote its development, installation and |
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usage; 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 | Definition and promotion of green energy |
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(1) | The principal purpose of this Act is to promote green energy. |
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(2) | In this Act “green energy” means— |
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(a) | the generation of electricity or heat from renewable or low-carbon |
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sources by the use of any equipment, the capacity of which to generate |
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electricity or heat does not exceed the capacity specified in subsection |
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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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(4) | In carrying out any function under this Act, the Secretary of State must have |
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(a) | the principal purpose set out in subsection (1), |
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(b) | the desirability of alleviating fuel poverty, and |
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(c) | the desirability of securing a diverse and viable long-term energy |
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2 | Microgeneration strategy |
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(1) | The Secretary of State must prepare and publish a strategy for the promotion |
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of 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 |
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and 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 |
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the coming into force of this Act. |
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(4) | The Secretary of State must publish the strategy within 6 months beginning |
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with 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 |
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microgeneration to the matters specified in section 82(3) of the Energy |
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Act 2004 (microgeneration strategy for Great Britain); and |
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(b) | have regard to any other strategy published by the Secretary of State on |
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or after 1st July 2009 in so far as it relates to the generation of electricity |
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or heat from renewable or low-carbon sources. |
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(6) | The Secretary of State must take reasonable steps to secure the implementation |
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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 |
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technology specified in section 82(7) of the Energy Act 2004. |
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3 | Microgeneration: dwellinghouses |
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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 |
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to England, to provide for the grant of planning permission for specified |
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classes of equipment for microgeneration on, or within the curtilage of, a |
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(2) | The classes of equipment for microgeneration specified by virtue of subsection |
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(1) 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 |
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as soon as reasonably practicable after the end of 2 years beginning with the |
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date on 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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4 | Microgeneration: non-domestic land |
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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 |
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(2) | In subsection (1) “non-domestic land” means buildings, or other land, other |
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than a dwellinghouse or land within the curtilage of a dwellinghouse. |
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(3) | Consideration under subsection (1) must begin within 6 months beginning |
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with the coming into force of this Act. |
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(4) | The Secretary of State must, as soon as reasonably practicable, lay a report |
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before Parliament setting out the outcome of the consideration under |
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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 |
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been 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 3. |
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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 |
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82(6) of the Energy Act 2004; |
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“fuel poverty” has the meaning given by section 1 of the Warm Homes |
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and Energy Conservation Act 2000; |
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“the GPDO” has the meaning given by section 3(1); |
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“renewable or low-carbon source” has the meaning given by section 2(7). |
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6 | Short title, commencement and extent |
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(1) | This Act may be cited as the Green Energy (Definition and Promotion) Act |
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(2) | This Act comes into force at the end of 2 months beginning with the day on |
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(3) | This Act extends to England and Wales only. |
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