Explanatory Notes

Energy Act 2010

2010 CHAPTER 27

8 April 2010

Overview of the Structure of the Act

6.The Act is in four Parts with one Schedule:

Part 1: Carbon Capture and Storage and Decarbonisation

These provisions create the framework for a financial mechanism to support CCS demonstration projects on commercial-scale electricity generation (which may be powered by any kind of fuel). The Government’s intention is for the mechanism to support four CCS demonstration projects on coal-fired power stations, including the winner of the original competition for a CCS demonstration project launched in 2007. The mechanism will, should it be needed, be able to provide support for additional CCS capacity to be fitted to these initial demonstration projects. There will be a levy imposed on electricity suppliers and funds will be disbursed through assistance schemes or via contractual means to projects selected by a competitive process.

In addition, there is a requirement for the Government to prepare regular reports on the progress that has been made on the decarbonisation of electricity generation in Britain and the development and use of CCS.

Part 2: Schemes for Reducing Fuel Poverty

These provisions create the framework for schemes that will oblige energy  suppliers to provide benefits to vulnerable consumers, for the purposes of reducing fuel poverty, when the current Voluntary Agreement(1) with energy suppliers comes to an end in March 2011. An integral part of these schemes will be social price support which, subject to consultation, will be in the form of an electricity bill rebate to a specified group of households.

Part 3: Regulation of Gas and Electricity Markets

This Part contains a number of provisions relating to the energy market framework –

Part 4: Final Provisions

This Part contains provisions concerning the application of the general duties of the Secretary of State and Ofgem under the Gas Act 1986 and the Electricity Act 1989, statutory instruments, the modification of licences, interpretation and the extent, commencement and short title of the Act.  It also introduces a Schedule containing consequential amendments to the Gas Act 1986, the Electricity Act 1989 and the Utilities Act 2000.

7.Annex A to these notes contains a glossary of terms used in the Act and the explanatory notes.

1

Government negotiated an agreement with the energy suppliers that will deliver £125m spend on social programmes for vulnerable consumers in 2009-10, rising to £150m in 2010-11.