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Energy Bill [HL]


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

48

 

66      

Power of Secretary of State to require information: carbon emissions

reduction targets and home-heating cost reduction targets

After section 103A of the Utilities Act 2000 insert—

“103B   

 Power of Secretary of State to require information: carbon emissions

reduction targets and home-heating cost reduction targets

5

(1)   

The Secretary of State may by notice require a person within subsection

(3) to provide the Secretary of State with specified information, or

information of a specified kind, for the purpose of enabling the

Secretary of State—

(a)   

to decide whether to make a carbon emissions reduction order

10

or a home-heating cost reduction order and, if so, what

provision to include in the order;

(b)   

to review the operation and effect of a carbon emissions

reduction order or a home-heating cost reduction order;

(c)   

to establish and maintain a record (“a measures record”) of

15

properties in respect of which carbon emissions reduction

measures or home-heating cost reduction measures have been

taken and of the type of measure taken in respect of each such

property.

(2)   

For the purpose of enabling a person (“A”) to establish and maintain a

20

measures record on behalf of the Secretary of State, the Secretary of

State may by notice require any person within subsection (3) to provide

A with specified information or information of a specified kind.

(3)   

Those persons are—

(a)   

gas transporters and gas suppliers;

25

(b)   

electricity distributors and electricity suppliers; and

(c)   

the Authority.

(4)   

Information required to be provided by a notice under this section must

be provided—

(a)   

in such form as may be specified;

30

(b)   

within such period as may be specified or at such intervals as

may be specified.

(5)   

No person shall be required by a notice under this section to provide

any information which the person could not be compelled to give in

evidence in civil proceedings in the High Court or, in Scotland, the

35

Court of Session.

(6)   

Information obtained by virtue of this section may be disclosed by the

Secretary of State—

(a)   

to the Welsh Ministers for the purpose of enabling them to

review the operation and effect in Wales of a carbon emissions

40

reduction order or a home-heating cost reduction order;

(b)   

to the Scottish Ministers for the purpose of enabling them to

review the operation and effect in Scotland of a carbon

emissions reduction order or a home-heating cost reduction

order.

45

(7)   

In this section—

“a carbon emissions reduction order” means an order under—

 
 

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

49

 

(a)   

section 33BC of the 1986 Act;

(b)   

section 41A of the 1989 Act; or

(c)   

section 103 of this Act;

“a home-heating cost reduction order” means an order under—

(a)   

section 33BD of the 1986 Act;

5

(b)   

section 41B of the 1989 Act; or

(c)   

section 103A of this Act;

“a carbon emissions reduction measure” is a measure of a kind

mentioned in subsection (2) of each of section 33BC of the 1986

Act and section 41A of the 1989 Act;

10

“a home-heating cost reduction measure” is a measure of a kind

mentioned in subsection (2)(a) of each of section 33BD of the

1986 Act and section 41B of the 1989 Act;

“specified” means specified in a notice under this section.”

67      

Power of Secretary of State to transfer functions of the Gas and Electricity

15

Markets Authority

After section 103B of the Utilities Act 2000 insert—

“103C   

Transfer of Authority’s functions: carbon emissions reduction targets

and home-heating cost reduction targets

(1)   

The Secretary of State may by order transfer any of the Authority’s

20

functions under a carbon emissions reduction order or home-heating

cost reduction order to another body or to the Secretary of State.

(2)   

An order under this section transferring functions under a carbon

emissions reduction order or home-heating cost reduction order may

also make provision—

25

(a)   

for, and in connection with, enabling the transferee to enforce

any requirement imposed by the carbon emissions reduction

order or home-heating cost reduction order;

(b)   

preventing the Authority from exercising its enforcement

functions in relation to a requirement which may be enforced by

30

the transferee under provision made by virtue of paragraph (a).

(3)   

Provision made under subsection (2)(a) may, in particular, include

provision corresponding to or applying (with or without

modifications) any of the following provisions—

(a)   

sections 28 to 30F and section 38 of the 1986 Act;

35

(b)   

sections 25 to 28 of the 1989 Act.

(4)   

In carrying out any function transferred by an order under this section,

a transferee is to be treated for the purposes of the provisions of the

1986 Act, the 1989 Act and this Act as if the transferee were the

Authority.

40

(5)   

Before making an order under this section, the Secretary of State must

consult the Authority, the Council, gas transporters, gas suppliers,

electricity distributors, electricity suppliers and such other persons as

the Secretary of State considers appropriate.

 
 

Energy Bill [HL]
Part 1 — Energy efficiency
Chapter 5 — Information about energy consumption, efficiency and tariffs

50

 

(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.

(7)   

The Secretary of State may make payments of such amounts as he or

she considers appropriate to any body to which functions are

5

transferred by an order under this section.

(8)   

In this section—

“carbon emissions reduction order” and “home-heating cost

reduction order” have the same meaning as in section 103B;

“enforcement function” means a function of the Authority under

10

any of the provisions mentioned in paragraphs (a) or (b) of

subsection (3);

“transferee” means a person to whom functions are transferred by

an order under this section.”

68      

Minor and consequential amendments

15

Schedule 1 contains minor and consequential amendments relating to this

Chapter.

Chapter 5

Information about energy consumption, efficiency and tariffs

Smart meters

20

69      

Smart meters

(1)   

Section 88 of the Energy Act 2008 (power to modify licence conditions etc:

smart meters) is amended in accordance with subsections (2) to (6).

(2)   

In subsection (1)(a) (type of licence that may be modified)—

(a)   

for “6(1)(c)” substitute “6(1)(b), (c)”;

25

(b)   

before “distribution” insert “transmission,”.

(3)   

In subsection (3) (non-exhaustive list of modifications that may be made) after

paragraph (j) insert—

“(ja)   

provision requiring the holder of a licence to supply

information to the Secretary of State or the Authority (or both)

30

so as to enable them to assess any matter relating to the

provision, installation, or operation of meters;”.

(4)   

In subsection (4) (further provision about the manner in which the power may

be exercised) in paragraph (a) after “relation to” insert “different areas or”.

(5)   

In subsection (5) (period after which the power may not be exercised) for the

35

words from “the end of the period of 5 years” to the end substitute “1

November 2018”.

(6)   

In subsection (6)(c) for “6(1)(c)” substitute “6(1)(b), (c)”.

(7)   

In section 56FB of the Electricity Act 1989 (supplemental provision about the

power to provide for activities connected with smart meters to be licensable

40

 
 

Energy Bill [HL]
Part 1 — Energy efficiency
Chapter 5 — Information about energy consumption, efficiency and tariffs

51

 

activities) in subsection (2) (period after which the power may not be exercised)

for the words from “the end of the period of 5 years” to the end substitute “1

November 2018”.

(8)   

In section 41HB of the Gas Act 1986 (supplemental provision about the power

to provide for activities connected with smart meters to be licensable activities)

5

in subsection (2) (period after which the power may not be exercised) for the

words from “the end of the period of 5 years” to the end substitute “1

November 2018”.

Energy performance certificates

70      

Access to register of energy performance certificates etc: England and Wales

10

(1)   

The Secretary of State may make regulations for the purpose of authorising the

person keeping a register to disclose, in accordance with the provision made in

the regulations, the documents or data entered onto the register.

(2)   

The power under subsection (1) may be exercised, in particular, to make

provision—

15

(a)   

excluding a document or data, or a specified part of a document or data,

from disclosure where the document or data relates to a specified

description of buildings;

(b)   

excluding a document or data, or a specified part of a document or data,

from disclosure to a specified description of persons;

20

(c)   

restricting the number of disclosures made to a specified description of

persons;

(d)   

for a disclosure made to a specified description of persons to be subject

to specified conditions;

(e)   

as to the sanctions for non-compliance with any condition specified by

25

virtue of paragraph (d) (including sanctions preventing or restricting

future disclosures);

(f)   

in consequence of any provision which is made by virtue of paragraphs

(a) to (e).

(3)   

In subsection (1) “a register” means a register maintained under Part 6 of the

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Energy Performance of Buildings (Certificates and Inspections) (England and

Wales) Regulations 2007 (S.I. 2007/991).

(4)   

In subsection (2) “specified” means specified in the regulations made under

this section.

(5)   

Regulations under this section—

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(a)   

may make different provision for different cases or circumstances or for

different purposes;

(b)   

are to be made by statutory instrument.

(6)   

A statutory instrument containing regulations under this section is subject to

annulment in pursuance of a resolution of either House of Parliament.

40

(7)   

For the purposes of this section a reference to the disclosure of a document or

data includes a reference to disclosure of information derived from the

document or data.

 
 

 
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