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Energy Bill


REVISED
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT


      The amendments have been marshalled in accordance with the Order of 20th October 2008, as follows—

Clauses 1 to 36
Schedule 1
Clauses 37 to 41
Schedule 2
Clauses 42 to 74
Schedule 3
Clauses 75 to 96
Schedule 4
Clause 97
Schedule 5
Clauses 98 to 102

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 20

 

LORD HUNT OF KINGS HEATH

1Page 11, line 13, after "authority" insert ", after consulting the licence holder,"
 

Before Clause 32

 

LORD TEVERSON

2Insert the following new Clause—
  "Capture of carbon dioxide competition
  In any competitive process relating to the capture of carbon dioxide initiated by the Secretary of State, equal status should be given to all technologies relating to the capture of carbon dioxide."
 

Clause 37

 

LORD WALLACE OF TANKERNESS

 

BARONESS CARNEGY OF LOUR

3Page 27, leave out lines 29 to 33 and insert "any grant which is payable out of public funds and awarded under or by virtue of an Act of Parliament, except a grant awarded to support or promote research and development."
 

After Clause 37

 

LORD TEVERSON

4Insert the following new Clause—
  "Heat from deep geothermal sources
(1)  The Secretary of State may make regulations putting into place for the United Kingdom a licensing system for the exploitation of heat from deep geothermal sources for both the direct use of that heat and for the generation of electricity.
(2)  The licensing regime shall be determined after a period of consultation by the Secretary of State with industry, geological experts, local authorities, energy producers and other interested parties.
(3)  The licences shall relate to—
(a)  those areas of the United Kingdom deemed by the Secretary of State to have potential for the exploitation of deep geothermal heat, and
(b)  individual geographically delineated areas of land, to be known as "tenements"."
 

After Clause 41

 

BARONESS WILCOX

 

LORD PUTTNAM

 

LORD TEVERSON

 

LORD WHITTY

5Insert the following new Clause—
  "Renewable energy tariff
(1)  The Secretary of State shall make regulations within one year of the day on which this Act is passed for the purpose of introducing a renewable energy tariff for a specified fixed period to specified producers of renewable energy.
(2)  In this section—
 "renewable energy tariff" means the specified payment level for each kilowatt hour of energy from a renewable source;
 "renewable source" has the same meaning as in the Utilities Act 2000 (c. 27);
 "renewable energy" means energy from a renewable source;
 "Renewables Obligation" means the obligation specified in section 32 of the Electricity Act 1989 (c. 29);
 "specified" means specified in regulations made under this section;
 "specified non-renewable combined heat and power systems" means such systems as—
(a)  are used wholly or mainly for the generation of elecricity and the production of heat from sources other than renewable sources;
(b)  have a capacity not exceeding that mentioned in section 82(8) of the Energy Act 2004 (c. 20); and
(c)  are specified in the regulations.
(3)  The regulations shall specify a renewable energy tariff and may—
(a)  set the tariff at different levels, taking into account the type of renewable source;
(b)  apply the tariff to different sizes or classes of renewable sources;
(c)  make different provision for different classes of energy, such as electricity, heat or gas; and
(d)  provide for a tariff level to be varied as specified in the regulations.
(4)  The descriptions of persons upon which the regulations may impose the payment of a renewable energy tariff are those in—
(a)  Great Britain;
(b)  England and Wales;
(c)  Scotland; or
(d)  Northern Ireland,
 excluding such categories of persons (if any) as are specified.
(5)  The regulations shall specify—
(a)  each renewable source in respect of which a renewable energy tariff shall apply;
(b)  a renewable energy tariff applicable to each renewable source, or to any type, size or class thereof;
(c)  the maximum level of energy production capacity in respect of which a renewable energy tariff shall apply, having regard to the benefits of increasing future, and not damaging existing, investments in renewable energy production;
(d)  whether a renewable energy tariff is payable in respect of energy production or only in respect of that proportion conveyed, or to be conveyed, into a distribution system;
(e)  the descriptions of which persons and installations producing energy from renewable sources shall be eligible for the renewable energy tariff and provisions to exclude generating stations accredited under the Renewables Obligation;
(f)  the contract period for which a renewable energy tariff is payable and the payment level is fixed;
(g)  how the amount of energy in respect of which the renewable energy tariff is payable shall be measured, determined or deemed;
(h)  the right of specified producers of renewable energy to have their production conveyed into a distribution system as a priority;
(i)  the description of persons, such as energy suppliers, required to pay the renewable energy tariff and how such persons shall recover the additional costs thereof, dividing such costs, where the Secretary of State deems it appropriate, equitably between such persons;
(j)  how any costs of connecting to, and of any reinforcement or extension of, the distribution system necessary for the purposes of conveying renewable energy production hereunder are to be borne;
(k)  provisions for the regulation of renewable energy tariff arrangements by a specified body;
(l)  provision for the Secretary of State to review and report periodically on the effectiveness of the regulations made hereunder, and to consider such amendments as he considers appropriate;
(m)  any necessary amendment to distribution licences or supply licences held by any person; and
(n)  such other provisions as may be required for the efficient, cost-effective, environmentally sustainable and transparent operation of the renewable energy tariff.
(6)  Before making regulations, the Secretary of State must consult—
(a)  the Authority;
(b)  the energy suppliers to whom the proposed regulations may apply;
(c)  representatives of renewable energy producers to whom the proposed regulations would apply;
(d)  representatives of suppliers subject to the Renewables Obligation; and
(e)  such other persons, if any, as he considers appropriate.
(7)  Regulations under subsection (1) above may extend to introducing a tariff for a specified fixed period for electricity and heat generated from specified non-renewable combined heat and power systems, in which case the other provisions of this section shall apply to that tariff as they apply to a renewable energy tariff.
(8)  Regulations under this section shall not be made unless a draft of the instrument containing them has been laid before, and approved by a resolution of, each House of Parliament."
 

LORD WHITTY

6Insert the following new Clause—
  "Permitted development for renewable energy
(1)  The Secretary of State must make regulations within three months of the day on which this Act is passed for the purpose of granting permitted development status to specified microgeneration installations.
(2)  In this section—
 "specified microgeneration installations" means small wind turbines and air source heat pumps, and any such further technologies the Secretary of State may consider appropriate,
 "permitted development status" means development for which planning permission is not required in the circumstances stated herein, and
 "fixed specified period" means one year from the date on which the regulations made under subsection (1) came into force.
(3)  The regulations shall specify that small wind turbines and air source heat pumps shall be permitted development in the circumstances and on the conditions stated in subsection (4).
(4)  The circumstances and conditions referred to in subsection (3) and to be specified in the regulations are—
(a)  that the design and installation of a specified microgeneration installation should not cause an external noise level, due to the specified microgeneration installation alone, in any mode of operation or wind speed that will not be exceeded more than 10% of the time on the given site, above 45db at the fac"ade of the neighbouring building, and in the case of small wind turbines, measured in accordance with BWEA small wind turbine performance and safety standard,
(b)  that permitted development status only applies to certified products,
(c)  that permitted development status only applies to detached houses,
(d)  that permitted development status only applies where a certified installer is used to install the equipment,
(e)  that a certified installer should be under a duty to ensure compliance with paragraphs (a) to (c) above in any installation carried out by him,
(f)  penalties or sanctions that may be incurred by a certified installer who fails to discharge the duty specified in paragraph (e) above.
(5)  The Secretary of State shall have the power to review, amend or suspend regulations made under subsection (1) for the fixed specified period specified in subsection (2) for the circumstances and conditions contained in subsection (6).
(6)  The circumstances and conditions referred to in subsection (5) are—
(a)  that there is evidence that a significant number of statutory noise nuisance complaints have been upheld for any technologies installed as permitted development in accordance with the regulations made under subsection (1),
(b)  that the Secretary of State has consulted relevant parties on the evidence used to inform any decision he proposes to take to amend or suspend regulations in accordance with subsection (5).
(7)  Regulations under this section shall not be made unless a draft of the instrument containing them has been laid before, and approved by a resolution of, each House of Parliament."
 

Clause 45

 

LORD JENKIN OF RODING

7Page 41, line 12, at end insert—
"(   )  Modifications of a funded decommissioning programme may be made by a person mentioned in subsection (2) only—
(a)  if there are significant operational or technical changes which have a material impact on waste or decommissioning costs, and
(b)  after taking advice from the Nuclear Liabilities Financing Assurance Board."
 

Clause 51

 

LORD JENKIN OF RODING

8Page 46, line 18, at end insert—
"(c)  the way in which the Secretary of State will interpret the phrase "prudent provision" for the purposes of sections 43(4) and 46(7)."
 

Clause 57

 

LORD JENKIN OF RODING

9Page 49, line 11, leave out "false or misleading information" and insert "information that is false or misleading in a material particular"
 

Clause 69

 

LORD JENKIN OF RODING

9A*Page 59, leave out lines 12 and 13 and insert—
"(a)  P is not entitled to derive, and never has been entitled to derive, any financial or other benefit by means of P's use of the installation for the exploitation or exploration of mineral resources or storage or recovery of gas, and"
 

Before Clause 80

 

LORD TEVERSON

10Insert the following new Clause—
  "Use of biomethane
(1)  In section 32(8) of the Electricity Act 1989 (c. 29) (obligation in connection with electricity from renewable sources), in the definition of "renewable sources" insert at the end "and shall include the use of any gas drawn from a gas network to which premises supplied by the supplier are connected where, at the time the gas is drawn from the network, the supplier has arranged for the shipping to the consumer at those premises of the same quantity of renewable biomethane gas and that quantity has been introduced to the gas transmission or distribution system to which the consumer's premises are connected;".
(2)  In section 124 of the Energy Act 2004 (c. 20) (imposition of renewable transfer fuel obligations), after subsection (5) insert—
"(6)  For the purposes of this section, "supplied" shall include the supply of any gas or other fuel drawn from a gas or other fuel network to any premises where, at the time the gas or other fuel is drawn from the network by a consumer, the supplier has arranged for the shipping to the consumer at the same premises of the same quantity of renewable transport fuel and that quantity has been introduced to the gas tranmission or distribution system to which those premises are connected.""
11Insert the following new Clause—
  "Provision for greenhouse gases emissions performance standard for        electricity generation
(1)  The Secretary of State may by regulations, make provision for a greenhouse gases emissions performance standard to set the maximum level of carbon dioxide that may be emitted per unit of output by any generating station requiring consent for construction or extension under section 36 of the Electricity Act 1989 (c. 29) (consent required for construction etc of generating stations).
(2)  Regulations made under subsection (1) may include provision specifying—
(a)  how proposed generation stations may comply with any greenhouse gases emissions performance standard and demonstrate compliance with any regulations made under this section, including by the capture of carbon dioxide at the generating station and its transport to and injection into geological storage provided that such activities are licensed in accordance with applicable laws and regulations;
(b)  the basis on which emissions of greenhouse gases from combined heat and power generating stations shall be calculated such that the unit of output includes useful heat produced in addition to electricity generated by any such generating station; and
(c)  any sources of electricity generation, including electricity generated from renewable sources, that are deemed to be compliant with any greenhouse gases emissions performance standard.
(3)  No consent shall be granted under section 36 of the Electricity Act 1989 for any generating station that does not comply with regulations made under subsection (1).
(4)  Before making regulations under subsection (1) (including setting the level of the greenhouse gases emissions performance standard), the Secretary of State must consult such persons as are, in his opinion, likely to be affected by or have an interest in the regulations.
(5)  Regulations made under subsection (1) shall be made by statutory instrument, and shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(6)  In this section "greenhouse gases emissions performance standard" means a standard prescribed by regulations setting the maximum level of carbon dioxide that may be emitted per unit of output from an individual generating station."
 

BARONESS WILCOX

 

LORD DE MAULEY

12Insert the following new Clause—
  "Information on contributions towards environmental taxes
(1)  The Secretary of State shall make regulations requiring energy utilities companies to detail the proportion of consumers' energy bills contributing towards environmental taxes.
(2)  In this section, "environmental taxes" means the Renewables Obligations Certificates, charges resulting from the European Union Emissions Trading Scheme and charges resulting from the Carbon Emissions Reduction Targets and any future additional environmental charges."

 
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22 October 2008