OpenLegislation

Sustainable Energy Act 2003 in Scotland

2003 c. 30 · Enacted 30 October 2003 · Extends to United Kingdom

Not fully up to date. 3 changes made by later legislation have not yet been written into this text, which is revised to 26 May 2015.

See the changes not yet applied
ProvisionChangeMade by
s. 2ceases to have effectEnergy Act 2011 s. 110(3)
s. 9(3)word omittedEnergy Act 2011 s. 110(4)
s. 9(5)word omittedEnergy Act 2011 s. 110(4)

An Act to make provision about the development and promotion of a sustainable energy policy; to amend the Utilities Act 2000; and for connected purposes.

[30th October 2003]

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:—

Contents

  1. 1Annual reports on progress towards sustainable energy aims
  2. 6Duty of Gas and Electricity Markets Authority to carry out impact assessments
  3. 8Financial provision
  4. 9Citation, extent and commencement

1Annual reports on progress towards sustainable energy aimsC1

(1)

The Secretary of State must F1 , for each reporting period, publish a report (“a sustainable energy report”) on the progress made in the reporting period towards—

(a)

cutting the United Kingdom’s carbon emissions;

(b)

maintaining the reliability of the United Kingdom’s energy supplies;

(c)

promoting competitive energy markets in the United Kingdom; F2...

(d)

reducing the number of people living in fuel poverty in the United Kingdom

F3(e)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(1A)

The report must include, in particular, all such information as the Secretary of State considers appropriate about—

F5( a )

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

( b )

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(F6ba)

things done during that period pursuant to section 19 of the Climate Change and Sustainable Energy Act 2006 for the purpose of promoting community energy projects;

F7(bb)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

( c )

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(F8d)

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.

F9(1AA)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10(1B)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1C)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11(2)

“ Reporting period ”, for the purposes of subsections (1) to (1AA), means—

(a)

the period beginning with 24 February 2008 and ending with 31 December 2008, and

(b)

each successive calendar year.

(3)

A sustainable energy report must be published during the period beginning with 1 January and ending with 31 October following the reporting period to which it relates (“the publication period”).

(4)

A sustainable energy report may either be published as a single report or published in a number of parts during the publication period, and any such report or part may be contained in a document containing other material.

F12(4A)

A report or part of a report published under this section must specify the period to which it relates.

(5)

A sustainable energy report must be based on such information as is available to the Secretary of State when the report is completed (except that if it is published in parts, each of those parts must be based on such information as is so available when that part is completed).

(6)

For the purposes of this section a person is to be regarded as living in fuel poverty if he is a member of a household living on a lower income in a home which cannot be kept warm at a reasonable cost.

6Duty of Gas and Electricity Markets Authority to carry out impact assessments E+W+S

After section 5 of the Utilities Act 2000 (c. 27) insert—

“Duty of Authority to carry out impact assessment

5A
(1)

This section applies where—

(a)

the Authority is proposing to do anything for the purposes of, or in connection with, the carrying out of any function exercisable by it under or by virtue of Part 1 of the 1986 Act or Part 1 of the 1989 Act; and

(b)

it appears to it that the proposal is important;

but this section does not apply if it appears to the Authority that the urgency of the matter makes it impracticable or inappropriate for the Authority to comply with the requirements of this section.

(2)

A proposal is important for the purposes of this section only if its implementation would be likely to do one or more of the following—

(a)

involve a major change in the activities carried on by the Authority;

(b)

have a significant impact on persons engaged in the shipping, transportation or supply of gas conveyed through pipes or in the generation, transmission, distribution or supply of electricity;

(c)

have a significant impact on persons engaged in commercial activities connected with the shipping, transportation or supply of gas conveyed through pipes or with the generation, transmission, distribution or supply of electricity;

(d)

have a significant impact on the general public in Great Britain or in a part of Great Britain; or

(e)

have significant effects on the environment.

(3)

Before implementing its proposal, the Authority must either—

(a)

carry out and publish an assessment of the likely impact of implementing the proposal; or

(b)

publish a statement setting out its reasons for thinking that it is unnecessary for it to carry out an assessment.

(4)

An assessment carried out under this section must—

(a)

include an assessment of the likely effects on the environment of implementing the proposal; and

(b)

relate to such other matters as the Authority considers appropriate.

(5)

In determining the matters to which an assessment under this section should relate, the Authority must have regard to such general guidance relating to the carrying out of impact assessments as it considers appropriate.

(6)

An assessment carried out under this section may take such form as the Authority considers appropriate.

(7)

Where the Authority publishes an assessment under this section—

(a)

it must provide an opportunity of making representations to the Authority about its proposal to members of the public and other persons who, in the Authority’s opinion, are likely to be affected to a significant extent by the proposal’s implementation;

(b)

the published assessment must be accompanied by a statement setting out how representations may be made; and

(c)

the Authority must not implement its proposal unless the period for making representations about the proposal has expired and it has considered all the representations that were made in that period.

(8)

Where the Authority is required (apart from this section)—

(a)

to consult about a proposal to which this section applies, or

(b)

to give a person an opportunity of making representations about it,

the requirements of this section are in addition to, but may be performed contemporaneously with, the other requirements.

(9)

Every report under section 5(1) must set out—

(a)

a list of the assessments under this section carried out during the financial year to which the report relates; and

(b)

a summary of the decisions taken during that year in relation to proposals to which assessments carried out in that year or previous financial years relate.

(10)

The publication of anything under this section must be in such manner as the Authority considers appropriate for bringing it to the attention of the persons who, in the Authority’s opinion, are likely to be affected if its proposal is implemented.

(11)

References in sections 4AA, 4AB and 4A of the 1986 Act to functions of the Authority under Part 1 of that Act include references to any functions of the Authority under this section that are exercisable in relation to a proposal to do anything for the purposes of, or in connection with, the carrying out of any function of the Authority under Part 1 of the 1986 Act.

(12)

References in sections 3A, 3B and 3C of the 1989 Act to functions of the Authority under Part 1 of that Act include references to any functions of the Authority under this section that are exercisable in relation to a proposal to do anything for the purposes of, or in connection with, the carrying out of any function of the Authority under Part 1 of the 1989 Act.”

8Financial provision

There shall be paid out of money provided by Parliament—

(a)

any expenditure of the Secretary of State under this Act; and

(b)

any increase attributable to this Act in the sums which under any other Act are payable out of money so provided.

9Citation, extent and commencement

(1)

This Act may be cited as the Sustainable Energy Act 2003.

(2)

Except as provided in subsections (3) and (4), this Act extends to England and Wales, Scotland and Northern Ireland.

(3)

Sections 2, 3, 4, 5 and 7 extend to England and Wales only.

(4)

Section 6 extends to England and Wales and to Scotland.

(5)

Sections 2, 4 (so far as it relates to England) and 5 shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint.

(6)

Sections 3 and 4 (so far as it relates to Wales) shall come into force on such day as the National Assembly for Wales may by order made by statutory instrument appoint.

(7)

The other provisions of this Act shall come into force at the end of two months beginning with the day on which it is passed.

(8)

An order under subsection (5) or (6) may appoint different days for different purposes.