Parliamentary Debates House of Commons Official Report General Committees

PARLIAMENTARY DEBATES HOUSE OF COMMONS OFFICIAL REPORT GENERAL COMMITTEES Public Bill Committee ENERGY BILL [LORDS] Sixth Sitting Thursday 4 February 2016 (Morning) CONTENTS New clauses under consideration when the Committee adjourned till this day at Two o’clock. PUBLISHED BY AUTHORITY OF THE HOUSE OF COMMONS LONDON – THE STATIONERY OFFICE LIMITED PBC (Bill 092) 2015 - 2016 No proofs can be supplied. Corrigenda slips may be published with Bound Volume editions. Corrigenda that Members suggest should be clearly marked in a copy of the report—not telephoned—and must be received in the Editor’s Room, House of Commons, not later than Monday 8 February 2016 STRICT ADHERENCE TO THIS ARRANGEMENT WILL GREATLY FACILITATE THE PROMPT PUBLICATION OF THE BOUND VOLUMES OF PROCEEDINGS IN GENERAL COMMITTEES © Parliamentary Copyright House of Commons 2016 This publication may be reproduced under the terms of the Open Parliament licence, which is published at www.parliament.uk/site-information/copyright/. 165 Public Bill Committee4 FEBRUARY 2016 Energy Bill [Lords] 166 The Committee consisted of the following Members: Chairs: †PHILIP DAVIES,MR ADRIAN BAILEY † Boswell, Philip (Coatbridge, Chryston and Bellshill) † McCaig, Callum (Aberdeen South) (SNP) (SNP) † Maynard, Paul (Blackpool North and Cleveleys) † Cartlidge, James (South Suffolk) (Con) (Con) † Dowden, Oliver (Hertsmere) (Con) † Pennycook, Matthew (Greenwich and Woolwich) † Fernandes, Suella (Fareham) (Con) (Lab) † Hall, Luke (Thornbury and Yate) (Con) † Reynolds, Jonathan (Stalybridge and Hyde) (Lab/ Harpham, Harry (Sheffield, Brightside and Co-op) Hillsborough) (Lab) † Smith, Julian (Skipton and Ripon) (Con) † Heaton-Harris, Chris (Daventry) (Con) † Sunak, Rishi (Richmond (Yorks)) (Con) † Hoare, Simon (North Dorset) (Con) † Warman, Matt (Boston and Skegness) (Con) † Kinnock, Stephen (Aberavon) (Lab) † Whitehead, Dr Alan (Southampton, Test) (Lab) † Leadsom, Andrea (Minister of State, Department of Energy and Climate Change) Katy Stout, Ben Williams, Committee Clerks † Lewis, Clive (Norwich South) (Lab) † Lynch, Holly (Halifax) (Lab) † attended the Committee 167 Public Bill CommitteeHOUSE OF COMMONS Energy Bill [Lords] 168 Public Bill Committee 11.30 am Question put, That the clause be read a Second time. The Committee divided: Ayes 11, Noes 6. Thursday 4 February 2016 Division No. 7] (Morning) AYES Cartlidge, James Leadsom, Andrea [PHILIP DAVIES in the Chair] Dowden, Oliver Maynard, Paul Fernandes, Suella Smith, Julian Hall, Luke Energy Bill [Lords] Heaton-Harris, Chris Sunak, Rishi Hoare, Simon Warman, Matt New Clause 1 NOES ONSHORE WIND POWER: CLOSURE OF RENEWABLES Boswell, Philip McCaig, Callum OBLIGATION ON 31 MARCH 2016 Lewis, Clive Pennycook, Matthew ‘(1) In Part 1 of the Electricity Act 1989 (electricity supply), Lynch, Holly Whitehead, Dr Alan after section 32LB insert— “32LC Onshore wind generating stations: closure of Question accordingly agreed to. renewables obligation New clause 1 read a Second time, and added to the Bill. (1) No renewables obligation certificates are to be issued under a renewables obligation order in respect of electricity generated after 31 March 2016 by an onshore wind generating station. New Clause 2 (2) Subsection (1) does not apply to electricity generated in the circumstances set out in any one or more of sections 32LD to ONSHORE WIND POWER: CIRCUMSTANCES IN WHICH 32LL. CERTIFICATES MAY BE ISSUED AFTER 31 MARCH 2016 (3) In this section and sections 32LD to 32LL “onshore wind (1) Part 1 of the Electricity Act 1989 (electricity supply) is generating station” means a generating station that— amended as follows. (a) generates electricity from wind, and (2) After section 32LC (inserted by section [Onshore wind power: closure of renewables obligation on 31 March 2016]) (b) is situated in England, Wales or Scotland, but not in insert— waters in or adjacent to England, Wales or Scotland up to the seaward limits of the territorial sea. “32LD Onshore wind generating stations accredited, or additional capacity added, on or before 31 March 2016 (4) The reference in subsection (1) to a renewables obligation order is to any renewables obligation order made under section The circumstances set out in this section are where the 32 (whenever made, and whether or not made by the Secretary of electricity is— State). (a) generated by an onshore wind generating station which (5) Power to make provision in a renewables obligation order was accredited on or before 31 March 2016, and or a renewables obligation closure order (and any provision (b) generated using— contained in such an order) is subject to subsection (1) and (i) the original capacity of the station, or sections 32LD to 32LL. (ii) additional capacity which in the Authority’s view (6) This section is not otherwise to be taken as affecting power first formed part of the station on or before to make provision in a renewables obligation order or renewables 31 March 2016. obligation closure order.” 32LE Onshore wind generating stations accredited, or (2) The Renewables Obligation Closure Order 2014 (S.I. 2014/2388) additional capacity added, between 1 April 2016 and is amended as follows. 31 March 2017: grid or radar delay condition met (3) In article 2(1) (interpretation), after the definition of The circumstances set out in this section are where the “network operator” insert— electricity is— ““onshore wind generating station” means a (a) generated using the original capacity of an onshore generating station that— wind generating station— (a) generates electricity from wind, and (i) which was accredited during the period beginning (b) is situated in England, Wales or Scotland, but with 1 April 2016 and ending with 31 March not in waters in or adjacent to England, Wales 2017, and or Scotland up to the seaward limits of the (ii) in respect of which the grid or radar delay territorial sea;”. condition is met, or (4) In article 3 (closure of renewables obligation on (b) generated using additional capacity of an onshore 31st March 2017)— wind generating station, where— (a) in the heading, after “solar pv stations” insert “or (i) the station was accredited on or before 31 March onshore wind generating stations”; 2016, (b) in paragraph (1), after “solar pv station” insert “or an (ii) in the Authority’s view, the additional capacity first onshore wind generating station”.”’—(Andrea formed part of the station during the period Leadsom.) beginning with 1 April 2016 and ending with This New Clause prevents renewables obligation certificates from being 31 March 2017, and issued in respect of electricity generated after 31 March 2016 by a (iii) the grid or radar delay condition is met in respect generating station that generates electricity from wind and is located of the additional capacity. onshore in England, Wales or Scotland. There are exceptions to this in 32LF Onshore wind generating stations accredited, or certain cases: see New Clause NC2. additional capacity added, on or before 31 March Brought up, and read the First time. 2017: approved development condition met 169 Public Bill Committee4 FEBRUARY 2016 Energy Bill [Lords] 170 The circumstances set out in this section are where the (iii) both the approved development condition and the electricity is— investment freezing condition are met in respect (a) generated using the original capacity of an onshore of the additional capacity, and wind generating station— (iv) the grid or radar delay condition is met in respect (i) which was accredited on or before 31 March 2017, of the additional capacity. and 32LJ The approved development condition (b) generated using additional capacity of an onshore (1) This section applies for the purposes of sections 32LF to wind generating station, where— 32LI. (i) the station was accredited on or before 31 March (2) The approved development condition is met in respect of 2016, an onshore wind generating station if the documents specified in (iii) the approved development condition is met in subsections (4), (5) and (6) were provided to the Authority with respect of the additional capacity. the application for accreditation of the station. 32LG Onshore wind generating stations accredited, or (3) The approved development condition is met in respect of additional capacity added, between 1 April 2017 and additional capacity if the documents specified in subsections (4), 31 March 2018: grid or radar delay condition met (5) and (6) were provided to the Authority on or before the date The circumstances set out in this section are where the on which the Authority made its decision that the additional electricity is— capacity could form part of an onshore wind generating station. (a) generated using the original capacity of an onshore (4) The documents specified in this subsection are— wind generating station— (a) evidence that— (i) which was accredited during the period beginning with 1 April 2017 and ending with 31 March (i) planning permission for the station or additional 2018, capacity was granted on or before 18 June 2015, (ii) in respect of which the approved development and condition is met, and (ii) any conditions as to the time period within which (b) generated using additional capacity of an onshore the development to which the permission relates wind generating station, where— must be begun have not been breached, (i) the station was accredited on or before 31 March (b) evidence that— 2016, (i) planning permission for the station or additional (iii) the approved development condition is met in capacity was refused on or before

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