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Climate Change Act 2008

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This sectionnoteType=Explanatory Notes has no associated

3(1)Section 41A of that Act (promotion of reductions in carbon emissions: electricity distributors and electricity suppliers) is amended as follows.E+W+S

(2)In subsection (1) (power by order to impose obligations on distributors and suppliers to achieve carbon emissions reductions targets)—

(a)before paragraph (a) insert—

(za)on each electricity generator (or each electricity generator of a specified description);, and

(b)in the closing words, before “distributor” insert “ generator, ”.

(3)After that subsection insert—

(1A)The power to make orders under this section may be exercised so as to impose more than one carbon emissions reduction obligation on a person in relation to the same period or to periods that overlap to any extent..

(4)In subsection (3) (power for order to specify criteria by reference to which the Gas and Electricity Markets Authority is to determine targets), before “electricity distributors” insert “ electricity generators, ”.

(5)In subsection (4) (duty of the Secretary of State and the Authority to carry out functions under the section in a way that does not inhibit competition), for the words from “no electricity distributor” to the end of the subsection substitute

(a)no electricity generator is unduly disadvantaged in competing with other electricity generators,

(b)no electricity distributor is unduly disadvantaged in competing with other electricity distributors, and

(c)no electricity supplier is unduly disadvantaged in competing with other electricity suppliers..

(6)In subsection (5) (provision that may be made by an order in relation to the obligations it imposes)—

(a)in paragraph (a), before “electricity distributors” insert “ electricity generators, ”,

(b)after paragraph (b) insert—

(ba)requiring the whole or any part of a carbon emissions reductions target to be met by action relating to—

(i)persons of a specified description,

(ii)specified areas or areas of a specified description, or

(iii)persons of a specified description in specified areas or areas of a specified description;,

(c)in paragraph (d), before “distributors” insert “ generators, ”, and

(d)in paragraph (f), before “distributors” insert “ generators, ”.

(7)In subsection (6) (power for order to authorise the Authority to require the provision of information), before “distributor” insert “ generator, ”.

(8)In subsection (7)(d) (power for order to make provision for transfer of person's target to another distributor or supplier or to a gas transporter or supplier), before “electricity distributor” insert “ electricity generator, ”.

(9)In subsection (8)(d) (power for order to make different provision in relation to different distributors or suppliers), before “distributors” insert “ generators, ”.

(10)In subsection (11) (duty to consult before making order), before “electricity distributors” insert “ electricity generators, ”.

(11)In subsection (13) (interpretation), at the appropriate place insert—

specified” means specified in the order..

(12)In the heading, before “electricity distributors” insert “ electricity generators, ”.

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