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[The page and line references are to HL Bill 52, the bill as first printed for the Lords.] |
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42 | Insert the following new Clause— |
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| | “Feed-in tariffs: electricity |
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| | (1) | The Secretary of State may modify— |
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| | (a) | a condition of a particular licence under section 6(1)(c) or (d) of the |
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| | Electricity Act 1989 (c. 29) (distribution and supply licences); |
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| | (b) | the standard conditions incorporated in licences under those |
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| | provisions by virtue of section 8A of that Act; |
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| | (c) | a document maintained in accordance with the conditions of |
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| | licences under section 6(1) of that Act, or an agreement that gives |
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| | effect to a document so maintained. |
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| | (2) | The Secretary of State may exercise the power in subsection (1) for the |
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| | (a) | establishing, or making arrangements for the administration of, a |
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| | scheme of financial incentives to encourage small-scale low-carbon |
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| | generation of electricity; |
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| | (b) | requiring or enabling the holder of a distribution licence to make |
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| | arrangements for the distribution of electricity generated by small- |
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| | scale low-carbon generation; |
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| | (c) | requiring the holder of a licence to make arrangements related to |
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| | the matters mentioned in paragraph (a) or (b). |
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| | (3) | Modifications made by virtue of subsection (1) may include— |
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| | (a) | provision requiring the holder of a supply licence to make a |
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| | payment to a small-scale low-carbon generator, or to the Authority |
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| | for onward payment to such a generator, in specified |
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| | (b) | provision specifying how a payment under paragraph (a) is to be |
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| | (c) | provision for the level of payment under paragraph (a) to decrease |
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| | year by year in accordance with a formula published, or to be |
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| | published, by the Secretary of State; |
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| | (d) | provision about the circumstances in which no payment, or a |
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| | reduced payment, may be made to a small-scale low-carbon |
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| | (e) | provision about the circumstances in which a payment may be |
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| | recovered from a small-scale low-carbon generator; |
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| | (f) | a requirement for the holder of a supply licence or distribution |
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| | licence to pay a levy to the Authority at specified times; |
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| | (g) | provision specifying how a levy under paragraph (f) is to be |
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| | calculated (which may require specified matters to be determined |
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| | by the Authority or the Secretary of State); |
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| | (h) | provision conferring an entitlement on the holder of a supply |
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| | licence or distribution licence to receive a payment from the |
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| | “Authority” means the Gas and Electricity Markets Authority; |
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| | “distribution licence” means a licence under section 6(1)(c) of the |
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| | Electricity Act 1989 (c. 29); |
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| | “owner”, in relation to any plant which is the subject of a hire purchase |
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| | agreement, a conditional sale agreement or any agreement of a |
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| | similar nature, means the person in possession of the plant under |
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| | “plant” includes any equipment, apparatus or appliance; |
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| | “small-scale low-carbon generation” means the use, for the generation |
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| | of electricity, of any plant— |
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| | (a) | which, in generating electricity, relies wholly or mainly on a |
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| | source of energy or a technology mentioned in subsection |
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| | (b) | the capacity of which to generate electricity does not exceed |
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| | the specified maximum capacity; |
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| | “small-scale low-carbon generator” means an owner of plant used or |
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| | intended to be used for small-scale low-carbon generation, whether |
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| | or not the person is also operating or intending to operate the plant; |
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| | “specified maximum capacity” means the capacity specified by the |
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| | Secretary of State by order, which must not exceed 3 megawatts; |
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| | “supply licence” means a licence under section 6(1)(d) of the |
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| | Electricity Act 1989 (c. 29). |
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| | (5) | The sources of energy and technologies are— |
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| | (e) | water (including waves and tides); |
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| | (i) | combined heat and power systems with an electrical capacity of 50 |
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| | (6) | The Secretary of State may by order modify the list of sources of energy and |
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| | technologies for the time being listed in subsection (5). |
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| | (7) | The power conferred by subsection (1)— |
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| | (a) | may be exercised generally, only in relation to specified cases or |
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| | subject to exceptions (including provision for a case to be excepted |
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| | only so long as specified conditions are satisfied); |
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| | (b) | may be exercised differently in different cases or circumstances; |
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| | (c) | includes a power to make incidental, supplemental, consequential |
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| | or transitional modifications. |
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| | (8) | Provision included in a licence by virtue of that power— |
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| | (a) | need not relate to the activities authorised by the licence; |
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| | (b) | may make different provision for different cases.” |
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| | COMMONS AGREEMENT WITH AMENDMENT |
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| | The Commons agree to Lords Amendment 42 with the following Amendment— |
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42A | Line 64, leave out “3” and insert “5” |
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