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Sustainable Energy (Local Action) Bill


 

Sustainable Energy (Local Action) Bill

 

 
 

Contents

1   

Purpose

2   

Sustainable energy plans

3   

Content of sustainable energy plans

4   

Duty to provide resources

5   

Sustainable energy plans: public involvement

6   

Specified bodies

7   

Orders and regulations

8   

Interpretation

9   

Financial provisions

10   

Short title and extent

 

Bill 46                                                                                                 

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Sustainable Energy (Local Action) Bill

1

 

A

Bill

To

promote energy efficiency; to require specified bodies to publish sustainable

energy plans; to make provision for the transfer of functions to principal

councils; and for connected purposes. 

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

1       

Purpose

The purpose of this Act is to facilitate involvement in action taken by the bodies

specified in section 6 and citizens resident in their areas to promote sustainable

energy policies in order to achieve the following objectives—

(a)   

the achievement of national carbon reduction targets;

5

(b)   

the security of energy supplies; and

(c)   

the achievement of national fuel poverty targets.

2       

Sustainable energy plans

(1)   

Every specified body may, and if the condition specified in subsection (3) is

satisfied must, publish a sustainable energy plan (“a plan”), specifying the

10

body’s contribution to achieving the purpose specified in section 1.

(2)   

Subsection (1) is subject to section 5.

(3)   

The condition referred to in subsection (1) is that a petition requesting the

publication of a plan, signed by—

(a)   

in the case of a principal council or a regional development agency, at

15

least 5 per cent of the electors in the area of the council or agency; or

(b)   

in the case of any other body specified by the Secretary of State under

section 6, such proportion of electors in that body’s area as may be

specified, by order, by the Secretary of State,

   

has been delivered to the council, regional development agency or other body

20

concerned.

 

Bill 46                                                                                                 

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Sustainable Energy (Local Action) Bill

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(4)   

The Secretary of State must, within 12 months of the passing of this Act, make

regulations about the drawing up and presenting of petitions under this

section.

3       

Content of sustainable energy plans

(1)   

A plan must specify the steps that the body proposes to take to promote—

5

(a)   

energy efficiency in buildings,

(b)   

microgeneration,

(c)   

renewable energy,

(d)   

low carbon energy,

(e)   

identification, development and utilisation of local sources of biomass,

10

and

(f)   

community-scale renewable energy generation.

(2)   

A plan must specify the carbon outcomes of the measures that it contains.

(3)   

Any body that has published a plan must produce an annual carbon budget for

the measures in the plan.

15

(4)   

A plan prepared by a principal council may—

(a)   

request that such new functions be conferred on the body as in the

opinion of the body would enable it to make a greater contribution to

achieving the purpose specified in section 1; and

(b)   

make a recommendation to the Secretary of State for a transfer of

20

functions from one person to another.

(5)   

A principal council may not make a recommendation for a transfer of functions

pursuant to subsection (4) unless it has consulted—

(a)   

the person to whose functions it relates; and

(b)   

the person to whom the body considers the functions should be

25

transferred.

(6)   

Within 6 months of receiving any request pursuant to subsection (4)(a) or

recommendation pursuant to subsection (4)(b) the Secretary of State must—

(a)   

adopt and implement, or take the necessary action to commence the

process of implementation, or

30

(b)   

reject,

   

the request or recommendation and in either case shall give reasons for his

decision.

(7)   

Where any functions are conferred or transferred under this section, the Secretary of

State shall ensure that the moneys necessary for the discharge of those functions are

35

provided or transferred.

(8)   

Any body on which functions are conferred or to which functions are

transferred under this section may determine how the functions are then

performed.

(9)   

At least once in every calendar year following the year in which this Act is

40

passed the Secretary of State must publish a report listing all decisions taken

by him pursuant to this section and containing the reasons for those decisions.

 
 

Sustainable Energy (Local Action) Bill

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4       

Duty to provide resources

(1)   

The Secretary of State shall provide resources for a specified body to implement

measures which in his opinion

(a)   

are a more efficient way of achieving the objectives set out in section (1) in that

area than existing expenditure, or

5

(b)   

offer better value in achieving those objectives in that area than existing

expenditure.

(2)   

In deciding which measures are a cost effective method of achieving his energy

policy objectives the Secretary of State shall consult the specified body

concerned.

10

5       

Sustainable energy plans: public involvement

(1)   

Before drawing up a plan a specified body must—

(a)   

consult such persons in its area as in its opinion will have an interest in

the plans;

(b)   

establish a panel of representatives of local persons;

15

(c)   

consult and try to reach agreement with the panel about the content of

the plan; and

(d)   

have regard to any guidance issued, or deemed to be issued, under

subsection (2) or (3).

(2)   

The Secretary of State must, subject to subsection (3), issue guidance to local

20

authorities about public involvement in drawing up plans and the

establishment of panels which must include guidance about the inclusion

among those persons and panels of persons from under-represented groups.

(3)   

If the Secretary of State is of the opinion that guidance issued under any other

enactment satisfies the requirements of subsection (2), he may deem such

25

guidance to be guidance issued pursuant to this Act.

(4)   

A panel established pursuant to this section must, subject to subsection (5),

include representatives of parish councils in the specified body’s area.

(5)   

A specified body shall select the representatives of parish councils to be

members of any such panel, unless the parish council nominates or otherwise

30

selects a member to serve on the panel within 6 months of its establishment.

(6)   

A specified body shall have regard, when preparing its plan, to any parish plan

published by a parish or community council.

(7)   

A specified body may act jointly with another specified body whose functions

cover all or part of its area in discharging its duty pursuant to this section.

35

6       

Specified bodies

(1)   

The following bodies are specified bodies under this Act—

(a)   

regional development agencies, and

(b)   

principal councils.

(2)   

The Secretary of State may by order specify other bodies.

40

 
 

Sustainable Energy (Local Action) Bill

4

 

7       

Orders and regulations

(1)   

Any power to make an order or regulations under this Act is exercisable by

statutory instrument.

(2)   

A statutory instrument containing an order or regulations under this Act is

subject to annulment in pursuance of a resolution of either House of

5

Parliament.

8       

Interpretation

In this Act—

“carbon budget” shall be construed in accordance with the Climate

Change Act 2008;

10

“carbon outcome” means the impact on the net UK carbon account,

construed in accordance with the Climate Change Act 2008;

“community-scale renewable energy generation” means the generation of

electricity or heat up to 5mW;

“fuel poverty” shall be construed in accordance with section 1 of the

15

Warm Homes and Energy Conservation Act 2000;

“principal council” means a county borough council, a district council, a

metropolitan district council or a London Borough Council;

“microgeneration” has the same meaning as in section 26 of the Climate

Change and Sustainable Energy Act 2006;

20

“regional development agency” has the same meaning as in the Regional

Development Agencies Act 1998;

“under-represented groups” has the same meaning as in such regulations

as may be made under the Sustainable Communities Act 2007.

9       

Financial provisions

25

There shall be paid out of money provided by Parliament

(a)   

any sums to be paid by the Secretary of State for or in connection with the

carrying out of his functions under this Act; and

(b)   

any increase attributable to this Act in the sums which are payable out of

money so provided under any other Act.

30

10      

Short title and extent

(1)   

This Act may be cited as the Sustainable Energy (Local Action) Act 2010.

(2)   

This Act extends to England and Wales.

 
 

 

 
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