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Renewable Energy Bill [HL]


Renewable Energy Bill [HL]

1

 

A

Bill

To

Make provision about the microgeneration of electricity; to provide for small

renewable energy developments to be classed as permitted development; and

to provide for a renewables obligation for public suppliers of energy other

than electricity suppliers. 

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       

Metering for domestic microgeneration

(1)   

The Secretary of State may by order establish a scheme to allow electricity

produced by domestic microgeneration to be sold.

(2)   

If the Secretary of State makes an order under subsection (1), a licensed

electricity supplier may only supply electricity to a domestic customer if that

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supplier also undertakes to buy at the market rate any electricity produced by

that customer by microgeneration.

2       

Microgeneration: local authority targets

(1)   

The Secretary of State must require each local authority with planning control

responsibility to set a target for electricity microgeneration in their authority

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and may from time to time require local authorities to revise their targets.

(2)   

The targets are to be published as part of the Secretary of State’s

microgeneration strategy under section 82 of the Energy Act 2004 (c. 20)

(microgeneration).

3       

Small renewable energy development

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(1)   

The Secretary of State shall by order amend Schedule 2 of the Town and

Country Planning (General Permitted Development) Order 1995 (SI 1995 No.

418) to provide that a “small renewable energy development” is classed as a

permitted development within the meaning of that Order.

 
HL Bill 9 53/4
 
 

Renewable Energy Bill [HL]

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(2)   

A development is a “small renewable energy development” if it meets the

criteria set out in subsections (3) and (4).

(3)   

The first criterion is that the source of energy or technology is one of the

following—

(a)   

photovoltaic;

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(b)   

wind;

(c)   

solar thermal; or

(d)   

combined heat and power system.

(4)   

The second criterion is that the capacity of the development is—

(a)   

in relation to the generation of electricity, 10 kilowatts or less; and

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(b)   

in relation to the generation of heat, 9 kilowatts thermal or less.

(5)   

In making an order under subsection (1), the Secretary of State may make

provision about conditions relating to the environmental impact of a small

renewable energy development for it to be classed as a permitted

development, including provision about appearance and noise.

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4       

Energy from non-fossil fuel sources

(1)   

The Secretary of State may, after consultation with the suppliers concerned, by

order require each public supplier of energy in England and Wales or each

such supplier in Scotland, before a day specified in the order, to make (in so far

as he has not already done so) and produce evidence showing that he has

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made—

(a)   

such arrangements;

(b)   

or where a previous order under this subsection has had effect in

relation to him, such additional arrangements,

   

as will secure the result mentioned in subsection (2) below.

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(2)   

The result referred to in subsection (1) above is that, for a period specified in

the order, there will be available to the public supplier of energy—

(a)   

from non-fossil fuel sources or generating stations; or

(b)   

if the order so provides, from non-fossil fuel sources or generating

stations of any particular description,

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an aggregate amount of generating capacity which is not less than that

specified in relation to him in the order; and an order under subsection (1)

above may make different provision for different suppliers.

(3)   

A public energy supplier who-

(a)   

fails to comply with an order under subsection (1) above; or

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(b)   

having complied with such an order, by any act or omission of his

prevents the arrangements made by him from securing the result

mentioned in subsection (2) above,

   

shall be liable on conviction on indictment to a fine.

(4)   

No proceedings shall be instituted in England and Wales in respect of an

40

offence under this section except by or on behalf of the Secretary of State.

(5)   

The Secretary of State may by regulations make further provision about the

operation of this section, including making provision for a similar obligation to

apply to public suppliers of energy as that imposed on electricity suppliers by

section 32 of the Electricity Act 1989 (c. 29) and the Renewables Obligation

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Order 2002 (SI 2002 No. 914).

 
 

Renewable Energy Bill [HL]

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5       

Interpretation

(1)   

In this Act—

“licensed electricity supplier” means a supplier licensed under Part 1 of

the Electricity Act 1989 (c. 29)

“microgeneration” has the same meaning as in section 82 of the Energy

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Act 2004 (c. 20) (microgeneration)

“domestic” includes householders and community groups

“public supplier of energy” includes—

(a)   

a public gas supplier within the meaning of Part 1 of the Gas Act

1986 (c. 44) and

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(b)   

any supplier of heating oil so designated by the Secretary of

State

but excludes licensed electricity suppliers.

6       

Subordinate legislation

(1)   

Any power to make an order or regulations under this Act is exercisable by

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statutory instrument.

(2)   

A statutory instrument containing an order or regulations under this Act is

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

Parliament.

7       

Short title and extent

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(1)   

This Act may be cited as the Renewable Energy Act 2005.

(2)   

This Act extends to the United Kingdom.

 
 

 
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Revised 26 November 2004