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Energy Act 2010

Section 2: Assistance schemes: further provision

21.This section makes provision about assistance schemes made by the Secretary of State under section 1(3) and section 1(4). Subsection (1) provides that an assistance scheme may impose obligations or confer functions on a person. This would include the imposition of obligations or functions on the participants (those carrying out the CCS demonstration projects and additional CCS use) and the administrator, but might also be used, for example, to confer monitoring functions on persons such as the Environment Agency.

22.Subsection (2) provides a non-exhaustive list of matters which may be covered by schemes, including:

  • activities to be carried out as part of the CCS demonstration project or installation of additional CCS capacity;

  • level of financial assistance to be provided and how that amount may be calculated;

  • arrangements for the postponement, reduction or withdrawal of financial assistance;

  • administration of the scheme;

  • monitoring and assessment of CCS demonstration projects and additional CCS use;

  • arrangements for the publication of knowledge generated by the project;

  • changes to activities or the participants in the scheme (e.g. as result of changes in ownership);

  • termination of the scheme;

  • compliance with the scheme; and

  • establishment of a review and/or appeal process for resolving disputes.

23.Subsection (3) gives the Secretary of State power to amend or revoke assistance schemes. Before making, amending or revoking an assistance scheme, subsection (4) places a requirement on the Secretary of State to consult the administrator of the scheme, the Scottish Ministers (if the assisted activities are in Scotland) and any other person that the Secretary of State thinks appropriate. There is also a requirement for the Secretary of State to lay before Parliament any assistance scheme that has been made or amended (subsection (5)) and a requirement that where an assistance scheme is revoked the Secretary of State lay a memorandum of revocation before Parliament (subsection (6)).

24.Subsections (7) and (8) require that an assistance scheme can only be made with the consent of all those who would be participants in it (those carrying out the CCS demonstration project or additional CCS use). These subsections also set out that a scheme can be amended with the consent of the participants (or those who would be participants) and can be revoked with the consent of the participants. The Secretary of State may also amend or revoke a scheme, without the consent of participants, where the conditions set out under the scheme, or regulations relating to the scheme, allow it.

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