Energy Bill [HL] — 30 Mar 2004 at 16:47
moved Amendment No. 217H:
After Clause 157, insert the following new clause-
"ADJUSTMENT OF TRANSMISSION CHARGES
(1) The Secretary of State may make an order under this section if it appears to him-
(a) that a particular area of Great Britain is suitable as a location for the generation of electricity from renewable sources;
(b) that, as a result, that area represents an area of high potential for the development of the generation of electricity from such sources; and
(c) that that development is likely to be deterred, or otherwise hindered in a material respect, by the level of charges that would (apart from the order) be imposed by authorised transmitters on persons generating electricity in that area from renewable sources.
(2) An order under this section is one that establishes a scheme which-
(a) limits the amounts of charges that authorised transmitters may impose on persons so generating electricity in that area to amounts determined in accordance with provision contained in the scheme; and
(b) requires the charges imposed by the authorised transmitters on authorised suppliers to be adjusted in accordance with the scheme for the purpose of making good shortfalls resulting from that limitation.
(3) An order under this section establishing a scheme in relation to the generation of electricity from renewable sources in a particular area must specify the area.
(4) For the purpose of facilitating the implementation of a scheme an order under this section may make such modifications as the Secretary of State considers appropriate of the conditions of the licences of authorised transmitters and of authorised suppliers.
(5) For the purpose of carrying out the functions conferred on him by or under this section the Secretary of State may require-
(a) an authorised supplier,
(b) an authorised distributor, or
(c) an authorised transmitter,
to supply him, in a specified form and within a specified time, with information of a specified description.
(6) No person may be required under subsection (5) to supply information he could not be compelled to give in evidence in civil proceedings in the High Court or the Court of Session.
(7) Before making an order under this section, the Secretary of State must consult such persons as he considers appropriate.
(8) Subsection (7) may be satisfied by consultation that took place wholly or partly before the commencement of this section.
(9) Where a scheme in relation to the generation of electricity from renewable sources within a particular area is in force, no scheme shall be established in relation to the generation of electricity from renewable sources outside that area.
(10) A scheme shall not be applied in relation to a time more than ten years after the commencement of this section.
(11) A scheme-
(a) shall not be applied for a period of more than five years; but
(b) subject to subsection (10), may be renewed at any time by a further order under this section for a period of no more than five years from the coming into force of the further order.
(12) Part 1 of the 1989 Act shall have effect as if every requirement or other duty imposed on a licence holder under this section were a relevant requirement within the meaning of that Part (see section 25(8) of that Act).
(13) In this section-
"authorised distributor" and "authorised supplier" have the same meanings as in Part 1 of the 1989 Act;
"authorised transmitter" means a person authorised by a licence under section 6(1)(b) of that Act to participate in the transmission of electricity;
"licence" means a licence for the purposes of section 4 of that Act;
"licence holder" has the same meaning as in Part 1 of that Act;
"renewable sources" means sources of energy in relation to which the following condition is satisfied, namely, that the production of evidence in respect of electricity generated from those sources is capable of satisfying a renewables obligation imposed by an order under section 32 of that Act (obligation in respect of electricity generated from renewable sources);
"scheme" means a scheme established by an order under this section.
(14) An order under this section is subject to the negative resolution procedure."
moved, as an amendment to Amendment No. 217H, Amendment No. 217HA,:
Line 39, leave out subsections (7) and (8) and insert-
"( ) Before making an order under this section the Secretary of State must publish a draft of the scheme he is minded to establish, together with an impact assessment of the cost of the scheme including its impact on charges for electricity supplied to customers in Great Britain, and must consult such persons, including suppliers in Great Britain, as will be affected by the scheme.
( ) The Secretary of State must publish, for each year after the making of an order under this section, an annual report on the ongoing costs of the scheme established by the order, including the impact of those costs on the charges for electricity supplied to customers in Great Britain in that year."
On Question, Whether Amendment No. 217HA, as an amendment to Amendment No. 217H, shall be agreed to?
Their Lordships divided: Contents, 146; Not-Contents, 125.
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