Energy Bill [HL]

House of Lords

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Energy Bill [HL]

Energy Bill [HL]
Part 1 — Energy efficiency
Chapter 4 — Reducing carbon emissions and home-heating costs
44

(d)
authorising the Authority, if it gives a direction to a distributor
or supplier, to provide the distributor or supplier with
information relating to the individual concerned for the
purpose of assisting the distributor or supplier to comply with
the direction;
5
(e)
as to the times at which a direction may be given;
(f)
as to the circumstances in which a direction need not be
complied with.
(5B)
Provision made by virtue of subsection (5)(c) may in particular provide
for an action to be treated as making a greater contribution than it
10
would otherwise do if the action relates to—
(a)
an individual of a specified description,
(b)
a property of a specified description, or
(c)
both an individual of a specified description and a property of
a specified description.”
15
(4)
After subsection (9) insert—
“(9A)
The order may make provision requiring the Authority to give
guidance to distributors or suppliers concerning such matters relating
to the order as are specified.
(9B)
The Authority shall carry out its functions under this section in
20
accordance with any general or specific directions given to it by the
Secretary of State.”
(5)
For subsection (10A) substitute—
“(10A)
The Secretary of State must obtain the consent of the Scottish Ministers
before making an order under this section which contains provision
25
that—
(a)
is included by virtue of subsection (2)(b),
(b)
extends to Scotland, and
(c)
would be within the legislative competence of the Scottish
Parliament if contained in an Act of that Parliament.”
30
(6)
After subsection (12) insert—
“(12A)
Subsection (12) does not apply to an order under this section made only
for the purpose of amending an earlier order under this section—
(a)
so as to add to the earlier order provision of a sort mentioned in
any of paragraphs (b), (ba) or (c) of subsection (5), or
35
(b)
so as to alter the provision included in the earlier order by virtue
of any of those paragraphs;

but such an order shall be subject to annulment in pursuance of a
resolution of either House of Parliament.”
(7)
In subsection (13) before the definition of “microgeneration” insert—
40
““home-heating cost reduction target” has the meaning given by
section 41B(2)(a);”.
(8)
The power to make orders under section 41A of the Electricity Act 1989 may
not be exercised so as to impose an obligation on an electricity generator that
has effect after 31 December 2012.
45

Energy Bill [HL]
Part 1 — Energy efficiency
Chapter 4 — Reducing carbon emissions and home-heating costs
45

63
Promotion of reductions in home-heating costs: gas transporters and
suppliers
After section 33BC of the Gas Act 1986 (promotion of reductions in carbon
emissions: gas transporters and suppliers) insert—
“33BD
Promotion of reductions in home-heating costs: gas transporters and
5
gas suppliers
(1)
The Secretary of State may by order impose—
(a)
on each gas transporter (or each gas transporter of a specified
description); and
(b)
on each gas supplier (or each gas supplier of a specified
10
description),

an obligation to achieve, within a specified period and in accordance
with the order, the home-heating cost reduction target to be
determined by the Authority under the order for that transporter or
supplier (and that obligation is referred to in this section as a “home-
15
heating cost reduction obligation”).
(2)
In this section—
(a)
“home-heating cost reduction target” means a target for the
promotion of measures for reducing the cost to individuals of
heating their homes;
20
(b)
“specified” means specified in the order.
(3)
The power to make orders under this section may be exercised so as to
impose more than one home-heating cost reduction obligation on a
person in relation to the same period or to periods that overlap to any
extent.
25
(4)
Subsections (3), (5) to (8), (9A) and (10A) to (12A) of section 33BC apply
to an order under this section as they apply to an order under that
section, with the following modifications—
(a)
for “carbon emissions reduction obligation” (in each place)
substitute “home-heating cost reduction obligation”;
30
(b)
for “carbon emissions reduction obligations” (in each place)
substitute “home-heating cost reduction obligations”;
(c)
for “carbon emissions reduction target” (in each place other
than in paragraph (be) of subsection (5)) substitute “home-
heating cost reduction target”;
35
(d)
for “carbon emissions reduction targets” (in each place)
substitute “home-heating cost reduction targets”; and
(e)
omit paragraph (a) of subsection (10A).
(5)
Subsections (4) and (9B) of section 33BC apply to the carrying out by the
Secretary of State and the Authority of their respective functions under
40
this section as they apply to the carrying out by those persons of their
functions under that section.
(6)
No person shall be required by virtue of this section to provide any
information which he could not be compelled to give in evidence in
civil proceedings in the High Court or, in Scotland, the Court of
45
Session.”

Energy Bill [HL]
Part 1 — Energy efficiency
Chapter 4 — Reducing carbon emissions and home-heating costs
46

64
Promotion of reductions in home-heating costs: electricity distributors and
suppliers
After section 41A of the Electricity Act 1989 (promotion of reductions in carbon
emissions: electricity generators, distributors and suppliers) insert—
“41B
Promotion of reductions in home-heating costs: electricity
5
distributors and electricity suppliers
(1)
The Secretary of State may by order impose—
(a)
on each electricity distributor (or each electricity distributor of a
specified description); and
(b)
on each electricity supplier (or each electricity supplier of a
10
specified description),

an obligation to achieve, within a specified period and in accordance
with the order, the home-heating cost reduction target to be
determined by the Authority under the order for that distributor or
supplier (and that obligation is referred to in this section as a “home-
15
heating cost reduction obligation”).
(2)
In this section—
(a)
“home-heating cost reduction target” means a target for the
promotion of measures for reducing the cost to individuals of
heating their homes;
20
(b)
“specified” means specified in the order.
(3)
The power to make orders under this section may be exercised so as to
impose more than one home-heating cost reduction obligation on a
person in relation to the same period or to periods that overlap to any
extent.
25
(4)
Subsections (3), (5) to (8), (9A) and (10A) to (12A) of section 41A apply
to an order under this section as they apply to an order under that
section, with the following modifications—
(a)
for “carbon emissions reduction obligation” (in each place)
substitute “home-heating cost reduction obligation”;
30
(b)
for “carbon emissions reduction obligations” (in each place)
substitute “home-heating cost reduction obligations”;
(c)
for “carbon emissions reduction target” (in each place other
than in paragraph (be) of subsection (5)) substitute “home-
heating cost reduction target”;
35
(d)
for “carbon emissions reduction targets” (in each place)
substitute “home-heating cost reduction targets”; and
(e)
omit paragraph (a) of subsection (10A).
(5)
Subsections (4) and (9B) of section 41A apply to the carrying out by the
Secretary of State and the Authority of their respective functions under
40
this section as they apply to the carrying out by those persons of their
functions under that section.
(6)
No person shall be required by virtue of this section to provide any
information which he could not be compelled to give in evidence in
civil proceedings in the High Court or, in Scotland, the Court of
45
Session.”

Energy Bill [HL]
Part 1 — Energy efficiency
Chapter 4 — Reducing carbon emissions and home-heating costs
47

65
Overall home-heating cost reduction targets
After section 103 of the Utilities Act 2000 (overall carbon emissions reduction
targets) insert—
“103A
Overall home-heating cost reduction targets
(1)
For the purposes of the exercise by the Authority of its functions under
5
either or both of—
(a)
section 33BD of the 1986 Act (promotion of reductions in home-
heating costs: gas transporters and suppliers) and any order
made under that section, and
(b)
section 41B of the 1989 Act (promotion of reductions in home-
10
heating costs: electricity distributors and suppliers) and any
order made under that section,

the Secretary of State may by order specify an overall target for the
promotion of measures for reducing the cost to individuals of heating
their homes.
15
(2)
The power conferred by this section may be exercised so as to specify
more than one overall target in relation to the same period or to periods
that overlap to any extent.
(3)
Where an overall target applies in relation to both sections mentioned
in subsection (1), the order specifying the target may make provision
20
for the Authority to apportion the target between—
(a)
persons who are gas transporters or gas suppliers (for the
purposes of section 33BD of the 1986 Act and any order made
under that section); and
(b)
persons who are electricity distributors or electricity suppliers
25
(for the purposes of section 41B of the 1989 Act and any order
under that section),

by reference to such criteria as may be specified in the order.
(4)
The Authority shall exercise its functions under the provisions
mentioned in subsection (1) in relation to which an overall target
30
applies (and in particular its functions relating to the determination of
home-heating cost reduction targets) in the manner it considers best
calculated to result in the achievement of the overall target.
(5)
Before making an order under this section the Secretary of State shall
consult the Authority, the Council, gas transporters, gas suppliers,
35
electricity distributors, electricity suppliers, and such other persons as
the Secretary of State considers appropriate.
(6)
An order under this section shall not be made unless a draft of the
instrument containing it has been laid before, and approved by a
resolution of, each House of Parliament.”
40