Climate Change and Sustainable Energy Act 2006

JurisdictionUK Non-devolved
Citation2006 c. 19


Climate Change and Sustainable Energy Act 2006

2006 Chapter 19

An Act to make provision about the reduction of emissions of greenhouse gases, the alleviation of fuel poverty, the promotion of microgeneration and the use of heat produced from renewable sources, compliance with building regulations relating to emissions of greenhouse gases and the use of fuel and power, the renewables obligation relating to the generation and supply of electricity and the adjustment of transmission charges for electricity; and for connected purposes. 9

[21st June 2006]

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:—

Purposes

Purposes

S-1 Purposes

1 Purposes

(1) The principal purpose of this Act is to enhance the United Kingdom's contribution to combating climate change.

(2) In performing functions under this Act, the relevant persons and bodies shall have regard to—

(a) the principal purpose set out in subsection (1),

(b) the desirability of alleviating fuel poverty, and

(c) the desirability of securing a diverse and viable long-term energy supply.

(3) In this section "the relevant persons and bodies" means—

(a) the Secretary of State;

(b) any public authority.

Reports on greenhouse gas emissions

Reports on greenhouse gas emissions

S-2 Annual report on greenhouse gas emissions

2 Annual report on greenhouse gas emissions

It shall be the duty of the Secretary of State in the course of each calendar year to lay before Parliament a report on—

(a) steps taken by government departments during the previous calendar year to reduce emissions of greenhouse gases, and

(b) the level of emissions of greenhouse gases in the United Kingdom during the previous calendar year, including any increase or decrease in that level recorded during that year.

Local authorities

Local authorities

S-3 Local authorities to have regard to information on energy measures in exercising functions

3 Local authorities to have regard to information on energy measures in exercising functions

(1) The Secretary of State—

(a) must, not later than 12 months after this section comes into force, publish an energy measures report, and

(b) may from time to time publish revised energy measures reports.

(2) Every local authority must, in exercising any of their functions, have regard to the most recently published energy measures report (if any).

(3) In this section, "energy measures report" means a document containing information on local authority measures which would or might in the opinion of the Secretary of State have any of the following effects—

(a) improving efficiency in the use of electricity, heat, gas, fuel and other descriptions or sources of energy;

(b) increasing the amount of electricity generated, or heat produced, by microgeneration or otherwise by plant which relies wholly or mainly on low-emissions sources or technologies;

(c) reducing emissions of greenhouse gases;

(d) reducing the number of households in which one or more persons are living in fuel poverty.

(4) In subsection (3)—

"local authority measure" means any way in which a local authority can exercise any of their functions, including— (a) taking any particular step in the exercise of a function, or (b) not exercising a particular power;

"low-emissions source or technology" means a source of energy or a technology mentioned in subsection (2) of section 26.

(5) Before publishing an energy measures report (or a revised energy measures report), the Secretary of State must consult the National Assembly for Wales and—

(a) such representatives of local government, and

(b) such other persons (if any),

as he considers appropriate.

(6) In this section, "local authority" means any of the following—

(a) a county council;

(b) a county borough council;

(c) a district council;

(d) a London borough council;

(e) the Common Council of the City of London in their capacity as a local authority;

(f) the Council of the Isles of Scilly;

(g) a parish council;

(h) a community council.

Microgeneration

Microgeneration

S-4 National targets for microgeneration

4 National targets for microgeneration

(1) The Secretary of State must, during the period beginning with 1st November 2008 and ending with 31st March 2009—

(a) designate one or more national microgeneration targets, and

(b) publish a statement of that fact together with a copy of the target or targets.

(2) But subsection (1) does not apply unless on 1st November 2008 the Secretary of State considers that it would be appropriate to designate one or more targets under that subsection.

(3) For the purposes of this section, a national microgeneration target is a target in respect of—

(a) the number of microgeneration systems installed in England and Wales, and

(b) the number of electricity microgenerating systems installed in Scotland,

as at a date specified in the target ("the target date").

(4) The matters to which the Secretary of State must have regard in determining whether subsection (1) applies include, in particular—

(a) the number of microgeneration systems installed in England and Wales,

(b) the number of electricity microgenerating systems installed in Scotland,

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

(d) the results of any research carried out into the effect that designating a target under subsection (1) could be expected to have on the number of microgeneration systems that are installed in England and Wales, and the number of electricity microgenerating systems that are installed in Scotland, by the target date.

(5) If a target is designated under subsection (1), the Secretary of State must take reasonable steps to secure that the target is met.

(6) If the Secretary of State does not designate a target under subsection (1) he shall publish forthwith a statement of his reasons.

(7) At any time before the target date, the Secretary of State may review a target and, if he considers it appropriate to do so, revise the target.

(8) If under subsection (7) the Secretary of State revises a target—

(a) he must publish a statement of that fact together with a copy of the revised target, and

(b) the revised target is treated for the purposes of subsection (5) and section 5 as a target designated under subsection (1) (in place of the target which has been revised).

(9) In this section—

"electricity microgenerating system" means a microgeneration system for generating electricity;

"microgeneration system" means any plant or system of plant for generating electricity or producing heat— (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) of section 82 of the Energy Act 2004 (c. 20) , and (b) whose capacity to generate electricity or (as the case may be) to produce heat does not exceed the capacity mentioned in subsection (8) of that section;

"plant" includes any equipment, apparatus or appliance.

S-5 National microgeneration targets: modification of section 1 of the Sustainable Energy Act 2003

5 National microgeneration targets: modification of section 1 of the Sustainable Energy Act 2003

(1) This section applies if a target is designated under section 4.

(2) Section 1 of the Sustainable Energy Act 2003 (c. 30) (annual reports on progress towards sustainable energy aims) applies in relation to every relevant sustainable energy report as if after subsection (1B) there were inserted—

"(1BA) The report must also include such information as the Secretary of State considers appropriate about things done during the reporting period for the purpose of meeting any target designated under section 4 of the Climate Change and Sustainable Energy Act 2006 (national targets for microgeneration).

(2) ",

(2) and as if, in subsection (1C), for "subsection (1A)" there were substituted "subsections (1A) and (1BA)".

(3) For the purposes of this section—

(a) a sustainable energy report is a relevant sustainable energy report in relation to a target designated under subsection (1) of section 4 if the reporting period to which the report relates includes the period, or any part of the period, to which the target relates,

(b) a target designated under subsection (1) of that section relates to the period beginning when it is designated and ending with the target date (within the meaning of that section),

(c) "reporting period", in relation to a sustainable energy report, has the meaning given by section 1 of the Sustainable Energy Act 2003, and

(d) "sustainable energy report" means a sustainable energy report which is required to be published under that section.

S-6 Reports under section 1 of the Sustainable Energy Act 2003: microgeneration

6 Reports under section 1 of the Sustainable Energy Act 2003: microgeneration

In section 1(1A) of the Sustainable Energy Act 2003 (c. 30)(annual reports on progress towards sustainable energy aims)—

(a) omit "and" at the end of paragraph (b), and

(b)at the end of paragraph (c) insert; and

"(d) things done during that period for the purpose of implementing the strategy for the promotion of microgeneration in Great Britain published under section 82 of the Energy Act 2004.

"

S-7 Sale of electricity generated by microgeneration: power to modify distribution and supply licences etc

7 Sale of electricity generated by microgeneration: power to modify distribution and supply licences...

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