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Energy Bill [HL]

97: After Clause 101, insert the following new Clause— ““Energy efficiency aim (1) The Secretary of State must take such action as he considers appropriate to improve the energy efficiency of residential accommodation in England so as to contribute to the Secretary of State fulfilling the duty under section 1(1) of the Climate Change Act 2008 (reduction of net UK carbon account by 2050). (2) In subsection (1) ““residential accommodation”” has the meaning given by section 1 of the Home Energy Conservation Act 1995. (3) Section 2 of the Sustainable Energy Act 2003 (energy efficiency of residential accommodation) ceases to have effect. (4) In section 9 of the Sustainable Energy Act 2003 (citation, extent and commencement), in subsections (3) and (5) leave out ““2,””.”” 98: After Clause 101, insert the following new Clause— ““Adjustment of electricity transmission charges In section 185(11) of the Energy Act 2004 (areas suitable for renewable electricity generation: end date for schemes adjusting transmission charges) for ““2024”” substitute ““2034””.”” 99: After Clause 101, insert the following new Clause— ““Electricity from renewable sources: National Park authorities and Broads Authority (1) This section applies to a body which is a National Park authority or the Broads Authority. (2) The body may— (a) produce electricity from a renewable source; (b) establish and operate generating stations and other installations for the purpose of producing electricity from a renewable source; (c) make grants or loans to enable other persons to do anything which the body may do by virtue of paragraph (a) or (b); (d) use, sell or otherwise dispose of electricity produced by virtue of the powers conferred by this section. (3) A ““renewable source”” is— (a) in England and Wales, a source listed in regulation 2 of the Sale of Electricity by Local Authorities (England and Wales) Regulations 2010 (S.I. 2010/1910); (b) in Scotland, a source listed in regulation 2 of the Sale of Electricity by Local Authorities (Scotland) Regulations 2010 (S.I. 2010/1908). (4) Any regulations which— (a) are made in exercise of the power conferred by section 11(3) of the Local Government (Miscellaneous Provisions) Act 1976 (power to prescribe the circumstances in which local authorities may sell electricity), and (b) amend, revoke or re-enact regulation 2 of the Sale of Electricity by Local Authorities (England and Wales) Regulations 2010, may amend subsection (3)(a) for the purpose of providing what is a ““renewable source”” in England and Wales. (5) Any regulations which— (a) are made in exercise of the power conferred by section 170A(3) of the Local Government (Scotland) Act 1973 (power to prescribe the circumstances in which local authorities may sell electricity), and (b) amend, revoke or re-enact regulation 2 of the Sale of Electricity by Local Authorities (Scotland) Regulations 2010, may amend subsection (3)(b) for the purpose of providing what is a ““renewable source”” in Scotland. (6) Nothing in this section— (a) exempts a body from the requirements of Part 1 of the Electricity Act 1989, or (b) affects what a body has power to do apart from this section.”” 100: After Clause 101, insert the following new Clause— ““Renewable heat incentives in Northern Ireland (1) The Department of Enterprise, Trade and Investment may make regulations— (a) establishing a scheme to facilitate and encourage renewable generation of heat in Northern Ireland, and (b) about the administration and financing of the scheme. (2) Regulations under this section may, in particular— (a) make provision for the Department or NIAUR to make payments, or to require designated fossil fuel suppliers to make payments, in specified circumstances, to— (i) the owner of plant used or intended to be used for the renewable generation of heat, whether or not the owner is also operating or intending to operate the plant; (ii) a producer of biogas or biomethane; (iii) a producer of biofuel for generating heat; (b) make provision about the calculation of such payments; (c) make provision about the circumstances in which such payments may be recovered; (d) require designated fossil fuel suppliers to provide specified information to the Department or NIAUR; (e) make provision for payments to fossil fuel suppliers in specified circumstances; (f) make provision about the enforcement of obligations imposed by or by virtue of the regulations (which may include a power for the Department or NIAUR to impose financial penalties); (g) confer functions on the Department or NIAUR, or both. (3) In this section— ““biofuel”” means liquid or gaseous fuel which is produced wholly from biomass; ““biogas”” means gas produced by the anaerobic or thermal conversion of biomass; ““biomass”” means material, other than fossil fuel or peat, which is, or is derived directly or indirectly from, plant matter, animal matter, fungi or algae; ““biomethane”” means biogas which is suitable for conveyance through pipes to premises in accordance with a licence under Article 8(1)(a) of the Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2)) (licences to convey gas); ““the Department”” means the Department of Enterprise, Trade and Investment; ““designated fossil fuel suppliers”” means— (a) if the regulations so provide, a specified class of fossil fuel suppliers, and (b) in any other case, all fossil fuel suppliers; ““fossil fuel”” means— (a) coal; (b) lignite; (c) natural gas (within the meaning of the Energy Act 1976); (d) crude liquid petroleum; (e) petroleum products (within the meaning of that Act); (f) any substance produced directly or indirectly from a substance mentioned in paragraphs (a) to (e); ““fossil fuel supplier”” means a person who supplies fossil fuel to consumers for the purpose of generating heat; ““functions”” includes powers and duties; ““modify”” includes amend, add to or repeal; ““NIAUR”” means the Northern Ireland Authority for Utility Regulation; ““owner””, in relation to any plant which the subject of a hire purchase agreement, a conditional sale agreement or any agreement of a similar nature, means the person in possession of the plant under that agreement; ““plant”” includes any equipment, apparatus or appliance; ““renewable generation of heat”” means the generation of heat by means of a source of energy or technology mentioned in subsection (4). (4) The sources of energy and technologies are— (a) biomass; (b) biofuels; (c) fuel cells; (d) water (including waves and tides); (e) solar power; (f) geothermal sources; (g) heat from air, water or the ground; (h) combined heat and power systems (but only if the system’s source of energy is a renewable source within the meaning given by Article 55F of the Energy (Northern Ireland) Order 2003 (S.I. 2003/419 (N.I. 6))); (i) biogas. (5) The Department may by regulations— (a) modify the list of sources of energy and technologies in subsection (4); (b) modify the definition of ““biofuel””, ““biogas”” or ““biomass”” in subsection (3). (6) The Department may by regulations make provision, for the purposes of subsection (2)(a)(iii) and the definition of ““fossil fuel supplier””, specifying that particular activities do or do not constitute generating heat. (7) Any power to make regulations under this section is to be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)). (8) Regulations under this section may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly. (9) Regulations under this section may— (a) provide for a person to exercise a discretion in dealing with any matter; (b) include incidental, supplementary and consequential provision; (c) make transitory or transitional provisions or savings; (d) make provision generally, only in relation to specified cases or subject to exceptions (including provision for a case to be excepted only so long as conditions specified in the regulations are satisfied); (e) make different provision for different cases or circumstances or for different purposes.”” 101: After Clause 101, insert the following new Clause— ““Power for Gas and Electricity Markets Authority to act on behalf on Northern Ireland authority in connection with scheme under section [Renewable heat incentives in Northern Ireland] (1) GEMA and a Northern Ireland authority may enter into arrangements for GEMA to act on behalf of the Northern Ireland authority for, or in connection with, the carrying out of any functions that may be conferred on the Northern Ireland authority under, or for the purposes of, any scheme that may be established, under section [Renewable heat incentives in Northern Ireland]. (2) In this section— ““GEMA”” means the Gas and Electricity Markets Authority; ““Northern Ireland authority”” means— (a) the Department of Enterprise, Trade and Investment, or (b) the Northern Ireland Authority for Utility Regulation.”” 102: Clause 102 page 80, line 2, leave out Clause 102 103: Before Clause 105, insert the following new Clause— ““Amendment of section 137 of the Energy Act 2004 In section 137(3) of the Energy Act 2004 (standard conditions of transmission licences under Part 1 of the Electricity Act 1989)— (a) in paragraph (a) omit ““or””, and (b) after paragraph (b) insert— ““(c) under the Energy Act 2008, (d) under the Energy Act 2010, or (e) under the Energy Act 2011,””.”” 104: Clause 105 page 81, line 20, leave out subsections (1) and (2) and insert— ““(1) The Home Energy Conservation Act 1995— (a) ceases to have effect in Scotland; (b) ceases to apply in relation to energy conservation authorities in Wales. (2) In section 1 of that Act (interpretation) in the definition of ““energy conservation measures”” after ““promotion,”” insert ““any available financial assistance,””. (3) In section 1 of the Sustainable Energy Act 2003 (annual report on the progress towards sustainable energy aims)— (a) subsection (1)(e) and the ““and”” immediately preceding it cease to have effect, and (b) subsection (1AA) ceases to have effect. (4) In section 4 of that Act (energy efficiency of residential accommodation: energy conservation authorities) subsection (13)(b) ceases to have effect.”” 105: Clause 105 page 81, line 27, leave out subsection (4) 106: Before Clause 106, insert the following new Clause— ““Consultation A requirement for the Secretary of State to consult which arises under or by virtue of this Act may be satisfied by consultation before, as well as consultation after, the passing of this Act.”” 107: Clause 106 page 82, line 2, after ““Wales),”” insert— ““(ea) section [Energy efficiency aim],”” 108: Clause 106 page 82, line 11, at end insert— ““(ca) section 33(5A) (green deal appeals: revocation or amendment of delegated legislation by Scottish Ministers),”” 109: Clause 106 page 82, line 15, at end insert— ““() Section [Renewable heat incentives in Northern Ireland] (renewable heat incentives in Northern Ireland) extends to Northern Ireland only. () Section [Power for Gas and Electricity Markets Authority to act on behalf of Northern Ireland authority in connection with scheme under section [Renewable heat incentives in Northern Ireland]] (power for Gas and Electricity Markets Authority to act on behalf of Northern Ireland authority in connection with scheme under section [Renewable heat incentives in Northern Ireland]) extends to England and Wales, Scotland and Northern Ireland.”” 110: Clause 106 page 82, line 18, leave out ““28”” and insert ““[Early repayment of green deal finance]”” 111: Clause 107 page 82, line 25, leave out ““made by statutory instrument”” 112: Clause 107 page 82, line 31, at end insert— ““(ca) section 33(5A) (green deal appeals: revocation or amendment of delegated legislation by Scottish Ministers);”” 113: Clause 107 page 82, line 46, at end insert— ““(ha) section [Regulation of security of nuclear construction sites] (regulation of security of nuclear construction sites);”” 114: Clause 107 page 82, line 46, at end insert— ““() section [Agreement about modifying decommissioning programme] (agreement about modifying decommissioning programme)”” 115: Clause 107 page 83, line 2, at end insert— ““() section [Abandonment: infrastructure converted for CCS demonstration projects] (abandonment: infrastructure converted for CCS demonstration projects).”” 116: Clause 107 page 83, line 2, at end insert— ““() section [Adjustment of electricity transmission charges] (adjustment of electricity transmission charges);”” 117: Clause 107 page 83, line 2, at end insert ‘; ““() section [Electricity from renewable sources: National Park authorities and Broads Authority] (electricity from renewable sources: National Park authorities and Broads Authority)”” 118: Clause 107 page 83, line 2, at end insert— ““() sections [Renewable heat incentives in Northern Ireland] and [Power for Gas and Electricity Markets Authority to act on behalf of Northern Ireland authority in connection with scheme under section [Renewable heat incentives in Northern Ireland]] (renewable heat incentives in Northern Ireland).”” 119: Clause 107 page 83, line 4, at end insert— ““(a) section [Preparatory expenditure: framework regulations] (preparatory expenditure: framework regulations);”” 120: Clause 107 page 83, line 8, leave out first ““section”” and insert ““sections [Consultation] and”” 121: Clause 107 page 83, line 11, leave out ““to 4, 6”” and insert ““, 3, 4”” 122: Clause 108 page 83, line 23, leave out subsection (2) 123: Schedule 1 page 84, line 7, leave out paragraph 2 124: Schedule 1 page 84, line 19, leave out paragraph 6 125: Schedule 2 page 87, line 21, leave out paragraphs 8 to 10 126: Schedule 2 page 87, leave out lines 33 to 35 and insert— ““““(A3) Pipelines that are relevant upstream petroleum pipelines for the purposes of section 80(1) of the Energy Act 2011 are excepted from the operation of this section.”””” 127: Schedule 3 page 88, line 20, leave out Schedule 3 128: In the Title line 7, after ““infrastructure”” insert ““and downstream gas processing facilities”” 129: In the Title line 10, after ““electricity;”” insert ““about the security of nuclear construction sites;”” 130: In the Title line 10, after ““sites”” insert ““and offshore infrastructure; for the use of pipelines for carbon capture and storage”” 131: In the Title line 10, after ““sites;”” insert ““for an annual report on contribution to carbon emissions reduction targets; for action relating to the energy efficiency of residential accommodation in England;”” 132: In the Title line 10, after ““sites;”” insert ““for the generation of electricity from renewable sources;”” 133: In the Title line 10, after ““sites;”” insert ““about renewable heat incentives in Northern Ireland;”” 134: In the Title line 11, after ““Authority;”” insert ““for an amendment of section 137 of the Energy Act 2004;”” 135: In the Title line 11, after third ““the”” insert ““amendment and”” Amendments 97 to 135 agreed.