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Sustainable Energy Bill


Sustainable Energy Bill

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A

Bill

To

make provision about the development and promotion of a sustainable

energy policy; to amend the Utilities Act 2000; 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     Annual reports on progress towards sustainable energy aims

     (1)    The Secretary of State must in each calendar year, beginning with 2004, publish

a report (“a sustainable energy report”) on the progress made in the reporting

period towards—

           (a)           cutting the United Kingdom’s carbon emissions;

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           (b)           maintaining the reliability of the United Kingdom’s energy supplies;

           (c)           promoting competitive energy markets in the United Kingdom; and

           (d)           reducing the number of people living in fuel poverty in the United

Kingdom.

     (2)    “The reporting period”, for the purposes of subsection (1), means the year

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ending with 23 February in the calendar year in question.

     (3)    Accordingly, the report must be published in that calendar year within the

period beginning with 24 February and ending with 31 December (“the

publication period”).

     (4)    A sustainable energy report may either be published as a single report or

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published in a number of parts during the publication period, and any such

report or part may be contained in a document containing other material.

     (5)    A sustainable energy report must be based on such information as is available

to the Secretary of State when the report is completed (except that if it is

published in parts, each of those parts must be based on such information as is

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so available when that part is completed).

     (6)    For the purposes of this section a person is to be regarded as living in fuel

poverty if he is a member of a household living on a lower income in a home

which cannot be kept warm at a reasonable cost.

 
HL Bill 9253/2
 
 

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 2     Energy efficiency of residential accommodation: Secretary of State

     (1)    The Secretary of State must within one week beginning with the coming into

force of this section designate under this subsection at least one energy

efficiency aim.

     (2)    For the purposes of this section an “energy efficiency aim” is an aim which—

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           (a)           is contained in a published document;

           (b)           relates to the energy efficiency of residential accommodation in

England; and

           (c)           is compatible with Community obligations and any other international

obligations of the United Kingdom.

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     (3)    The Secretary of State may, at any time after designation under subsection (1),

designate under this subsection a further energy efficiency aim or aims.

     (4)    Where an energy efficiency aim is for the time being designated under this

section, the Secretary of State must take reasonable steps to achieve the aim.

     (5)    In deciding which steps to take for the purposes of subsection (4), the Secretary

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of State must consider steps relating to the heating, cooling, ventilation,

lighting and insulation of residential accommodation.

     (6)    A designation under this section may be withdrawn, but not if its withdrawal

would result in there being no energy efficiency aim designated under this

section.

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     (7)    If an energy efficiency aim designated under this section ceases to meet the

condition in subsection (2)(c) it ceases to be designated under this section, but

if this results in there being no energy efficiency aim so designated the

Secretary of State must without delay designate a new energy efficiency aim.

     (8)    A designation of an aim under this section, or a withdrawal or cessation of such

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a designation, must be published in such way as the Secretary of State

considers appropriate: a designation may be contained in the same published

document as the aim itself.

     (9)    In this section “residential accommodation” has the meaning given by section

1 of the Home Energy Conservation Act 1995 (c. 10).

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 3     Energy efficiency of residential accommodation: National Assembly for

Wales

     (1)    The National Assembly for Wales (“the Assembly”) must within one week

beginning with the coming into force of this section designate under this

subsection at least one energy efficiency aim.

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     (2)    For the purposes of this section an “energy efficiency aim” is an aim which—

           (a)           is contained in a published document;

           (b)           relates to the energy efficiency of residential accommodation in Wales;

and

           (c)           is compatible with Community obligations and any other international

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obligations of the United Kingdom.

     (3)    The Assembly may, at any time after designation under subsection (1),

designate under this subsection a further energy efficiency aim or aims.

 

 

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     (4)    Where an energy efficiency aim is for the time being designated under this

section, the Assembly must (using the powers it has apart from this section)

take reasonable steps to achieve the aim.

     (5)    In deciding which steps to take for the purposes of subsection (4), the

Assembly must consider steps relating to the heating, cooling, ventilation,

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lighting and insulation of residential accommodation.

     (6)    A designation under this section may be withdrawn, but not if its withdrawal

would result in there being no energy efficiency aim designated under this

section.

     (7)    If an energy efficiency aim designated under this section ceases to meet the

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condition in subsection (2)(c) it ceases to be designated under this section, but

if this results in there being no energy efficiency aim so designated the

Assembly must without delay designate a new energy efficiency aim.

     (8)    A designation of an aim under this section, or a withdrawal or cessation of such

a designation, must be published in such way as the Assembly considers

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appropriate: a designation may be contained in the same published document

as the aim itself.

     (9)    In this section “residential accommodation” has the meaning given by section

1 of the Home Energy Conservation Act 1995 (c. 10).

 4     Energy efficiency of residential accommodation: energy conservation

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authorities

     (1)    In this section an “energy efficiency direction” means a direction requiring each

energy conservation authority to which it applies to take such energy

conservation measures as that authority considers to be—

           (a)           likely to result in achieving, by a date specified in the direction, an

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improvement so specified (which may be expressed as a percentage) in

the energy efficiency of residential accommodation in that authority’s

area; and

           (b)           practicable and cost-effective.

     (2)    For the purposes of this section, “the energy efficiency” of residential

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accommodation in an energy conservation authority’s area has such meaning

as may be specified in an order made by the Secretary of State.

     (3)    The Secretary of State may, after consulting the Local Government Association,

give an energy efficiency direction which applies—

           (a)           to one or more named energy conservation authorities in England;

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           (b)           to all energy conservation authorities in England; or

           (c)           to a particular description of energy conservation authority in England.

     (4)    The National Assembly for Wales (“the Assembly”) may, after consulting the

Welsh Local Government Association, give an energy efficiency direction

which applies—

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           (a)           to one or more named energy conservation authorities in Wales;

           (b)           to all energy conservation authorities in Wales; or

           (c)           to a particular description of energy conservation authority in Wales.

     (5)    With effect from the giving of an energy efficiency direction—

 

 

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           (a)           each energy conservation authority to which the direction applies must

comply with the direction, using the powers it has apart from this

section; and

           (b)           the Home Energy Conservation Act 1995 (c. 10) (“HECA”) shall cease to

apply in relation to each such authority.

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     (6)    In deciding which measures to take for the purposes of complying with an

energy efficiency direction, an authority must give preference to measures

which it considers would also contribute to—

           (a)           achieving the objective mentioned in paragraph (d) of section 2(2) of the

Warm Homes and Energy Conservation Act 2000 (c. 31) by the target

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date for the time being specified under that paragraph;

           (b)           achieving any interim objectives for the time being specified under

paragraph (c) of section 2(2) of that Act by the target date so specified.

     (7)    Different energy efficiency directions may be given in relation to different

energy conservation authorities or different descriptions of such authority.

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     (8)    The Secretary of State may after consulting the Local Government Association,

and the Assembly may after consulting the Welsh Local Government

Association, alter the date or the improvement (or both) for the time being

specified in an energy efficiency direction given by the Secretary of State or (as

the case may be) by the Assembly.

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     (9)    An energy efficiency direction may be revoked, but only if each authority to

which it applies either—

           (a)           is subject to a new energy efficiency direction taking effect immediately

on the revocation; or

           (b)           no longer exists at the time of the revocation.

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     (10)   The Secretary of State may give to energy conservation authorities in England,

and the Assembly may give to energy conservation authorities in Wales, such

guidance as he or it considers appropriate in relation to the exercise of an

energy conservation authority’s functions under this section.

     (11)   An energy conservation authority must have regard to any such guidance.

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     (12)   The Secretary of State may by order—

           (a)           amend this section so as to alter the body which must be consulted by

him;

           (b)           make transitional provision in relation to HECA’s ceasing to apply in

relation to an energy conservation authority in England.

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     (13)   The Assembly may by order—

           (a)           amend this section so as to alter the body which must be consulted by it;

           (b)           make transitional provision in relation to HECA’s ceasing to apply in

relation to an energy conservation authority in Wales.

     (14)   Any power to make an order under this section is exercisable by statutory

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instrument which, in the case of an order made by the Secretary of State, shall

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

Parliament.

     (15)   In this section the following expressions have the meaning given by section 1

of HECA—

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                    “energy conservation authority”;

                    “residential accommodation”;

 

 

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                    “area”, in relation to an energy conservation authority;

                    “energy conservation measures”.

 5     CHP targets

     (1)    Before the end of 2003, the Secretary of State must make a statement—

           (a)           specifying one or more CHP targets; and

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           (b)           specifying the period that each CHP target is for.

     (2)    At any time after making the statement mentioned in subsection (1), the

Secretary of State may make a further statement doing either or both of the

following—

           (a)           specifying as mentioned in that subsection;

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           (b)           revoking a CHP target contained in an earlier statement under this

section.

     (3)    A CHP target is the percentage of the amount of electricity for government use

in the period the target is for that the Secretary of State considers will be

capable, at a reasonable cost to the government, of being supplied from CHP

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electricity.

     (4)    For the purposes of this section—

                    “amount of electricity for government use in the period the target is for”

means the amount of electricity that the Secretary of State estimates that

the government will use in that period;

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                    “CHP electricity” means electricity that—

                  (a)                 is generated by a generating station which is operated for the

purposes of producing heat, or a cooling effect, in association

with electricity; and

                  (b)                 satisfies any other requirements specified in an order made by

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the Secretary of State.

     (5)    The Secretary of State may by order—

           (a)           specify the departments and other bodies which (taken together) are to

constitute “the government” for the purposes of this section;

           (b)           provide for the exclusion from any estimation of the amount of

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electricity that the government will use in a period of—

                  (i)                 the use of electricity for purposes specified in the order or in

circumstances so specified;

                  (ii)                the use of electricity by any part of the government specified in

the order.

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     (6)    One of the periods specified under subsection (1)(b) must—

           (a)           begin with 1 January 2010; and

           (b)           end with 31 December 2010.

     (7)    The Secretary of State must lay any statement made under this section before

Parliament.

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     (8)    Any power to make an order under this section is exercisable by statutory

instrument which shall be subject to annulment in pursuance of a resolution of

either House of Parliament.

 

 

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     (9)    No proceedings may be brought to enforce any CHP target contained in a

statement made under this section or otherwise to review any act done, or any

failure to act, in relation to any such CHP target.

 6     Duty of Gas and Electricity Markets Authority to carry out impact

assessments

5

After section 5 of the Utilities Act 2000 (c. 27) insert—

       “5A            Duty of Authority to carry out impact assessment

           (1)           This section applies where—

                  (a)                 the Authority is proposing to do anything for the purposes of,

or in connection with, the carrying out of any function

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exercisable by it under or by virtue of Part 1 of the 1986 Act or

Part 1 of the 1989 Act; and

                  (b)                 it appears to it that the proposal is important;

                         but this section does not apply if it appears to the Authority that the

urgency of the matter makes it impracticable or inappropriate for the

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Authority to comply with the requirements of this section.

           (2)           A proposal is important for the purposes of this section only if its

implementation would be likely to do one or more of the following—

                  (a)                 involve a major change in the activities carried on by the

Authority;

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                  (b)                 have a significant impact on persons engaged in the shipping,

transportation or supply of gas conveyed through pipes or in

the generation, transmission, distribution or supply of

electricity;

                  (c)                 have a significant impact on persons engaged in commercial

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activities connected with the shipping, transportation or supply

of gas conveyed through pipes or with the generation,

transmission, distribution or supply of electricity;

                  (d)                 have a significant impact on the general public in Great Britain

or in a part of Great Britain; or

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                  (e)                 have significant effects on the environment.

           (3)           Before implementing its proposal, the Authority must either—

                  (a)                 carry out and publish an assessment of the likely impact of

implementing the proposal; or

                  (b)                 publish a statement setting out its reasons for thinking that it is

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unnecessary for it to carry out an assessment.

           (4)           An assessment carried out under this section must—

                  (a)                 include an assessment of the likely effects on the environment

of implementing the proposal; and

                  (b)                 relate to such other matters as the Authority considers

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appropriate.

           (5)           In determining the matters to which an assessment under this section

should relate, the Authority must have regard to such general guidance

relating to the carrying out of impact assessments as it considers

appropriate.

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           (6)           An assessment carried out under this section may take such form as the

Authority considers appropriate.

           (7)           Where the Authority publishes an assessment under this section—

                  (a)                 it must provide an opportunity of making representations to the

Authority about its proposal to members of the public and other

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persons who, in the Authority’s opinion, are likely to be

affected to a significant extent by the proposal’s

implementation;

                  (b)                 the published assessment must be accompanied by a statement

setting out how representations may be made; and

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                  (c)                 the Authority must not implement its proposal unless the

period for making representations about the proposal has

expired and it has considered all the representations that were

made in that period.

           (8)           Where the Authority is required (apart from this section)—

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                  (a)                 to consult about a proposal to which this section applies, or

                  (b)                 to give a person an opportunity of making representations

about it,

                         the requirements of this section are in addition to, but may be

performed contemporaneously with, the other requirements.

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           (9)           Every report under section 5(1) must set out—

                  (a)                 a list of the assessments under this section carried out during

the financial year to which the report relates; and

                  (b)                 a summary of the decisions taken during that year in relation to

proposals to which assessments carried out in that year or

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previous financial years relate.

           (10)          The publication of anything under this section must be in such manner

as the Authority considers appropriate for bringing it to the attention of

the persons who, in the Authority’s opinion, are likely to be affected if

its proposal is implemented.

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           (11)          References in sections 4AA, 4AB and 4A of the 1986 Act to functions of

the Authority under Part 1 of that Act include references to any

functions of the Authority under this section that are exercisable in

relation to a proposal to do anything for the purposes of, or in

connection with, the carrying out of any function of the Authority

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under Part 1 of the 1986 Act.

           (12)          References in sections 3A, 3B and 3C of the 1989 Act to functions of the

Authority under Part 1 of that Act include references to any functions

of the Authority under this section that are exercisable in relation to a

proposal to do anything for the purposes of, or in connection with, the

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carrying out of any function of the Authority under Part 1 of the 1989

Act.”

 7     Use of certain money held by Gas and Electricity Markets Authority

     (1)    If the Secretary of State so directs, the person prescribed under section 33(1)(b)

of the Electricity Act (collection of fossil fuel levy) must pay an amount into the

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Consolidated Fund out of money that has been paid under section 33(5A) of

that Act.

 

 

 
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