(1) Section 1 of the Sustainable Energy Act 2003 (c. 30) (annual reports on progress towards sustainable energy aims) is amended as follows.
(2) After subsection (1) insert—
“(1A) The report must include, in particular, all such information as the Secretary of State considers appropriate about—
(a) things done during the reporting period for the purposes of the development or the bringing into use of any of the energy sources or technologies mentioned in subsection (1B);
(b) things done during that period for the purpose of ensuring the maintenance of the scientific and engineering expertise available in the United Kingdom that is necessary for the development of potential energy sources (including sources of nuclear energy); and
(c) things done during that period for the purpose of achieving the energy efficiency aims designated under sections 2 and 3.
(1B) The energy sources and technologies referred to in subsection (1A)(a) are—
(a) clean coal technology;
(b) coal mine methane;
(c) biomass;
(d) biofuels;
(e) fuel cells;
(f) photovoltaics;
(g) wave and tidal generation;
(h) hydrogeneration;
(i) microgeneration;
(j) geothermal sources; and
(k) other sources of energy, and technologies for the production of energy, the use of which would, in the opinion of the Secretary of State, cut the United Kingdom’s carbon emissions.
(1C) The references in subsection (1A) to things done during the reporting period include references to proposals of the Secretary of State published during that period.”
(3) In subsection (2) for “subsection (1)” substitute “subsections (1) to (1C)”.
(1) The Secretary of State—
(a) must prepare a strategy for the promotion of microgeneration in Great Britain; and
(b) may from time to time revise it.
(2) The Secretary of State—
(a) must publish the strategy within 18 months after the commencement of this section; and
(b) if he revises it, must publish the revised strategy.
(3) In preparing or revising the strategy, the Secretary of State must consider the contribution that is capable of being made by microgeneration to—
(a) cutting emissions of greenhouse gases in Great Britain;
(b) reducing the number of people living in fuel poverty in Great Britain;
(c) reducing the demands on transmission systems and distribution systems situated in Great Britain;
(d) reducing the need for those systems to be modified;
(e) enhancing the availability of electricity and heat for consumers in Great Britain.
(4) Before preparing or revising the strategy, the Secretary of State must consult such persons appearing to him to represent the producers and suppliers of plant used for microgeneration, and such other persons, as he considers appropriate.
(5) The Secretary of State must take reasonable steps to secure the implementation of the strategy in the form in which it has most recently been published.
(6) For the purposes of this section “microgeneration” means the use for the generation of electricity or the production of heat of any plant—
(a) which in generating electricity or (as the case may be) producing heat, relies wholly or mainly on a source of energy or a technology mentioned in subsection (7); and
(b) the capacity of which to generate electricity or (as the case may be) to produce heat does not exceed the capacity mentioned in subsection (8).
(7) Those sources of energy and technologies are—
(a) biomass;
(b) biofuels;
(c) fuel cells;
(d) photovoltaics;
(e) water (including waves and tides);
(f) wind;
(g) solar power;
(h) geothermal sources;
(i) combined heat and power systems;
(j) other sources of energy and technologies for the generation of electricity or the production of heat, the use of which would, in the opinion of the Secretary of State, cut emissions of greenhouse gases in Great Britain.
(8) That capacity is—
(a) in relation to the generation of electricity, 50 kilowatts;
(b) in relation to the production of heat, 45 kilowatts thermal.
(9) In this section—
“consumers” includes both existing and future consumers;
“distribution system” and “transmission system” have the same meanings as in Part 1 of the 1989 Act;
“fuel poverty” has the same meaning as in section 1 of the Sustainable Energy Act 2003 (c. 30);
“greenhouse gases” means—
carbon dioxide;
methane;
nitrous oxide;
hydrofluorocarbons;
perfluorocarbons;
sulphur hexafluoride;
“plant” includes any equipment, apparatus or appliance.
In each of section 4AA of the Gas Act 1986 (c. 44) and section 3A of the 1989 Act (the principal objective and general duties of the Secretary of State and the Authority), in subsection (5)—
(a) for the “and” at the end of paragraph (b) substitute—
“(ba) to contribute to the achievement of sustainable development; and”;
(b) for “and shall” substitute “and (so far as not otherwise required to do so by this subsection) shall”.
(1) The rights to which this section applies shall have effect as rights belonging to Her Majesty by virtue of this section.
(2) This section applies to the rights under Part V of the Convention that are exercisable by the United Kingdom in areas outside the territorial sea—
(a) with respect to the exploitation of those areas for the production of energy from water or winds;
(b) with respect to the exploration of such areas in that connection; or
(c) for other purposes connected with such exploitation.
(3) The other purposes so connected include, in particular, the transmission, distribution and supply of electricity generated in the course of such exploitation.
(4) Her Majesty may by Order in Council designate an area as an area within which the rights to which this section applies are exercisable (a “Renewable Energy Zone”).
(5) The Secretary of State may by order designate the whole or a part of a Renewable Energy Zone as an area in relation to which the Scottish Ministers are to have functions.
(6) Orders in Council under this section, and orders under subsection (5), are subject to the negative resolution procedure.
(7) In this section—
“the Convention” means the United Nations Convention on the Law of the Sea 1982 (Cmnd 8941) and any modifications of that Convention agreed after the passing of this Act that have entered into force in relation to the United Kingdom;
“exploration” includes the doing of anything (whether by way of investigations, trials or feasibility studies or otherwise) with a view to ascertaining whether the exploitation of an area is, in a particular case, practicable or commercially viable, or both.
(1) Her Majesty may by Order in Council provide that acts and omissions which—
(a) fall within subsection (2), and
(b) would, if they took place in a part of the United Kingdom, constitute an offence under the law in force in that part,
are to be treated for the purposes of that law as taking place in that part.
(2) An act or omission falls within this subsection if it takes place on, under or above—
(a) a renewable energy installation situated in waters to which this section applies; or
(b) waters to which this section applies that are within a safety zone.
(3) Her Majesty may by Order in Council provide that a constable is to have—
(a) on, under and above a renewable energy installation situated in waters to which this section applies, and
(b) on, under and above any waters to which this section applies that are within a safety zone,
all the powers and privileges that he has in the area of the force of which he is a member.
(4) Subsection (3) is in addition to any other enactment or any rule of law or subordinate legislation conferring a power or privilege on constables; and this section is to be disregarded in determining the extent of those other powers and privileges.
(5) The waters to which this section applies are—
(a) tidal waters and parts of the sea in or adjacent to Great Britain up to the seaward limits of the territorial sea; and
(b) waters in a Renewable Energy Zone.
(6) Proceedings for anything that is an offence by virtue only of an Order in Council under this section may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.
(7) In this section “subordinate legislation” includes an instrument made under an Act of the Scottish Parliament.
(1) Subject to subsection (2), this section applies to an offence alleged to have been committed on, under or above—
(a) a renewable energy installation situated in waters to which section 85 applies; or
(b) waters to which section 85 applies that, at the time of the alleged offence, were within a safety zone.
(2) This section does not apply to an offence created by or under—
(a) the Health and Safety at Work etc. Act 1974 (c. 37);
(b) the Customs and Excise Acts 1979, or any enactment that has to be construed as one with those Acts or any of them;
(c) the Civil Aviation Act 1982 (c. 16) or any enactment that has to be construed as one with that Act;
(d) section 23 of the Petroleum Act 1987 (c. 12);
(e) the Pilotage Act 1987 (c. 21);
(f) section 4, 29, 35, 36, 37 or 59 of the 1989 Act, or paragraph 3 of Schedule 7 to that Act;
(g) the Value Added Tax Act 1994 (c. 23) or any enactment that has to be construed as one with that Act;
(h) the Merchant Shipping Act 1995 (c. 21);
(i) section 97 of this Act or Chapter 3 of this Part.
(3) No proceedings for an offence to which this section applies shall be instituted—
(a) in England and Wales, except by or with the consent of the Director of Public Prosecutions; or
(b) in Northern Ireland, except by or with the consent of the Director of Public Prosecutions for Northern Ireland.
(4) Subsection (3) does not require the consent of the Director of Public Prosecutions, or of the Director of Public Prosecutions for Northern Ireland, where the proceedings in question are proceedings for which the consent of the Attorney General, or of the Advocate General for Northern Ireland, is required apart from this section.
(5) In relation to times before the coming into force of section 27(1) of the Justice (Northern Ireland) Act 2002 (c. 26), the reference in subsection (4) to the Advocate General for Northern Ireland is to be read as a reference to the Attorney General for Northern Ireland.
(6) Section 3 of the Territorial Waters Jurisdiction Act 1878 (c. 73) (consents to prosecution of offences committed on the open sea by persons who are not British citizens) does not apply to proceedings for an offence to which this section applies.
(1) Her Majesty may by Order in Council provide that questions arising out of—
(a) acts or omissions taking place on, under or above a renewable energy installation situated in waters to which this section applies, or
(b) acts or omissions taking place on, under or above such waters in relation to a related line,
are to be determined in accordance with the law in force in such part of the United Kingdom as may be specified in the Order.
(2) An Order in Council under this section may also make provision for conferring jurisdiction in proceedings with respect to questions of the kind mentioned in subsection (1) on courts in one or more parts of the United Kingdom.
(3) Jurisdiction conferred on a court by an Order in Council under this section is in addition to any jurisdiction exercisable apart from that Order by that or any other court; and this section is to be disregarded in determining the extent of any jurisdiction so exercisable.
(4) The waters to which this section applies are—
(a) tidal waters and parts of the sea in or adjacent to Great Britain up to the seaward limits of the territorial sea; and
(b) waters in a Renewable Energy Zone.
(5) In section 410(3) of the Communications Act 2003 (c. 21) (which enables Orders in Council under section 11 of the Petroleum Act 1998 (c. 17) to extend certain communications legislation to offshore installations), after “1998” insert “or section 87 of the Energy Act 2004”.
(6) In this section—
“court” includes any tribunal or regulatory authority;
“related line” means an electric line, or a part of an electric line, which—
falls within subsection (7); but
is not an electricity interconnector (within the meaning of Part 1 of the 1989 Act).
(7) An electric line, or a part of an electric line, falls within this subsection if it—
(a) is used for the conveyance of electricity to or from a renewable energy installation;
(b) is in the course of construction at a place where it is to be so used; or
(c) has ceased to be so used (whether or not it is being decommissioned) and since ceasing to be so used has not been used for any other purpose.
(1) An Order in Council under section 85 or 87 that makes provision falling within subsection (3) is subject to annulment in pursuance of a resolution of the Scottish Parliament (but may by virtue of subsection (2) be subject also to the negative resolution procedure).
(2) An Order in Council under section 85 or 87 that makes provision not falling within subsection (3) is subject to the negative resolution procedure.
(3) Provision falls within this subsection so far as it is provision that would be within the legislative competence of the Scottish Parliament if it were included in an Act of that Parliament.
(1) In subsection (4) of section 4 of the 1989 Act (definitions for the purposes of Part 1), after the definition of “distribute” insert—
““generate”, in relation to electricity, means generate at a relevant place;”.
(2) After that subsection insert—
“(5) In this section—
“relevant place” means a place in Great Britain, in the territorial sea adjacent to Great Britain or in a Renewable Energy Zone; and
“system” means a system the whole or a part of which is at a relevant place;
and references in this section to premises are references to premises situated at a relevant place, or at a place that is not in a Renewable Energy Zone but is in an area designated under section 1(7) of the Continental Shelf Act 1964.”
(3) In section 6 of that Act (licences authorising supply etc.), after subsection (9) insert—
“(10) In this section “premises” has the same meaning as in section 4.”
(4) In section 64(1) of that Act (interpretation of Part 1), after the definitions of “final order” and “provisional order” insert—
““generate”, in relation to electricity, has the meaning given by section 4(4) above, and cognate expressions shall be construed accordingly;”.
(1) If the Secretary of State considers it appropriate to do so for purposes connected with offshore transmission or offshore distribution, he may—
(a) modify the standard conditions of transmission licences or distribution licences;
(b) modify, for purposes that in relation to modifications made under paragraph (a) are incidental, consequential or transitional purposes, the conditions of a particular transmission licence or a particular distribution licence;
(c) modify a code maintained in accordance with the conditions of a transmission licence or a distribution licence; and
(d) modify an agreement that gives effect to a code so maintained.
(2) Before making a modification under this section, the Secretary of State must consult—
(a) the holder of any licence being modified; and
(b) such other persons as he considers appropriate.
(3) Subsection (2) may be satisfied by consultation that took place wholly or partly before the commencement of this section.
(4) The Secretary of State must publish every modification made by him under this section.
(5) The publication must be in such manner as the Secretary of State considers appropriate.
(6) Where the Secretary of State makes modifications under subsection (1)(a) of the standard conditions of licences of any type, GEMA must—
(a) make (as nearly as may be) the same modifications of those standard conditions for the purposes of their incorporation in licences of that type granted after that time; and
(b) publish the modifications in such manner as it considers appropriate.
(7) A modification under subsection (1)(b) of part of a standard condition of a licence does not prevent any other part of the condition from continuing to be regarded as a standard condition for the purposes of Part 1 of the 1989 Act.
(8) The Secretary of State’s powers under this section are exercisable only during the eighteen months beginning with the commencement of this section.
(9) In this section—
“offshore distribution” means distribution within an area of offshore waters of electricity generated by a generating station in such an area;
“offshore transmission” means transmission within an area of offshore waters of electricity generated by a generating station in such an area; and
“offshore waters” means—
waters in or adjacent to Great Britain which are between the mean low water mark and the seaward limits of the territorial sea; and
waters within an area designated under section 1(7) of the Continental Shelf Act 1964 (c. 29).
(10) Expressions used in this section and in Part 1 of the 1989 Act have the same meanings in this section as in that Part.
(1) This section applies where, at the commencement of this section, a transmission licence is in force that authorises a person to co-ordinate and direct the flow of electricity onto and over a transmission system by means of which electricity is transmitted within Great Britain, or within an area of Great Britain (the “co-ordination licence”).
(2) The Secretary of State may make such modifications of the co-ordination licence as he considers appropriate for the purpose of applying the authorisation and conditions of the licence in relation to the transmission of electricity within one or both of the following—
(a) an area of the territorial sea adjacent to Great Britain; and
(b) an area designated under section 1(7) of the Continental Shelf Act 1964.
(3) The modifications that may be made by the Secretary of State under subsection (2) include such modifications of the co-ordination licence (including modifications of the conditions included in it) as the Secretary of State considers appropriate for incidental, consequential or transitional purposes.
(4) Where the Secretary of State considers it appropriate to do so for purposes that in relation to modifications made under subsection (2) are incidental or consequential purposes, he may make—
(a) modifications of the conditions of a particular licence (other than the co-ordination licence);
(b) modifications of the standard conditions of licences of any type.
(5) Before making a modification under this section, the Secretary of State must consult—
(a) the holder of any licence being modified; and
(b) such other persons as he considers appropriate.
(6) Subsection (5) may be satisfied by consultation that took place wholly or partly before the commencement of this section.
(7) The Secretary of State must publish every modification made by him under this section.
(8) The publication must be in such manner as the Secretary of State considers appropriate.
(9) A modification under subsection (2) or (4)(a) of part of a standard condition of a licence does not prevent any other part of the condition from continuing to be regarded as a standard condition for the purposes of Part 1 of the 1989 Act.
(10) Where the Secretary of State makes modifications under subsection (4)(b) of the standard conditions of licences of any type, GEMA must—
(a) make (as nearly as may be) the same modifications of those standard conditions for the purposes of their incorporation in licences of that type granted after that time; and
(b) publish the modifications in such manner as it considers appropriate.
(11) The Secretary of State’s powers under this section are exercisable only during the eighteen months beginning with the commencement of this section.
(12) Expressions used in this section and in Part 1 of the 1989 Act have the same meanings in this section as in that Part.
After section 6B of the 1989 Act (applications for transmission licences) insert—
(1) The Authority may by regulations make such provision as appears to it to be appropriate for facilitating the making, in prescribed cases, of a determination on a competitive basis of the person to whom an offshore transmission licence is to be granted.
(2) That provision may include—
(a) provision, in prescribed cases, for the publication of a proposal to grant an offshore transmission licence;
(b) provision for the inclusion in such a proposal of an invitation to apply for such a licence;
(c) provision restricting the making of applications for offshore transmission licences and imposing requirements as to the period within which they must be made;
(d) provision for regulating the manner in which applications are considered and determined.
(3) Regulations under this section—
(a) may make provision by reference to a determination by the Authority or to the opinion of the Authority as to any matter; and
(b) may dispense with or supplement provision made in relation to applications for transmission licences by or under section 6A or 6B above.
(4) The approval of the Secretary of State is required for the making of regulations under this section.
(5) In this section—
“offshore transmission licence” means a transmission licence authorising anything that forms part of a transmission system to be used for purposes connected with offshore transmission; and
“prescribed” means prescribed in or determined under regulations made by the Authority.
(6) In subsection (5) “offshore transmission” means the transmission within an area of offshore waters of electricity generated by a generating station in such an area.
(7) In subsection (6) “offshore waters” means—
(a) waters in or adjacent to Great Britain which are between the mean low water mark and the seaward limits of the territorial sea; and
(b) waters within an area designated under section 1(7) of the Continental Shelf Act 1964.”
(1) In section 36(1) of the 1989 Act (consent required for construction etc. of generating stations), after “constructed” insert “at a relevant place (within the meaning of section 4), and a generating station at such a place shall not be”.
(2) Before paragraph 8 of Schedule 8 to that Act (procedure for consents under sections 36 and 37) insert—
7A (1) This paragraph applies to every case where an application for a consent under section 36 of this Act relates to—
(a) the construction or operation of a generating station the whole or a part of which is to be, or is, at a place that is not within the area of a relevant planning authority; or
(b) the extension of a generating station at or to a place the whole or a part of which is not within such an area.
(2) This Schedule shall have effect in relation to cases to which this paragraph applies with the following modifications.
(3) In paragraph 1(1), for the words from “land to which” onwards substitute “place to which the application relates, that is, the place where it is proposed to construct the generating station, where the proposed extension will be or where the station proposed to be operated is situated.”
(4) Paragraph 2 does not apply where no part of the place to which the application relates is within the area of a relevant planning authority.
(5) In paragraph 4—
(a) in sub-paragraph (1)—
(i) in paragraph (a), for “land” substitute “place”; and
(ii) in paragraph (b), for “in the locality” substitute “in the area specified in or determined in accordance with regulations made by the Secretary of State”;
(b) in sub-paragraph (2), for the words from “the locality” onwards substitute “the area specified in or determined in accordance with regulations made by the Secretary of State.”; and
(c) in sub-paragraph (3), for “in the locality” substitute “who are likely to be affected by the consent applied for if it is given”.
(6) Paragraph 5 does not apply; but sub-paragraphs (7) to (10) apply where—
(a) a public inquiry is to be held in accordance with paragraph 2(2) or 3(2); and
(b) the application for consent relates to a place a part of which is in the area of one or more relevant planning authorities.
(7) Except in so far as the Secretary of State otherwise directs, an inquiry held in accordance with paragraph 2(2) must be confined to so much of the application as relates to land within the area of the authority by whom an objection has been made.