Energy Act 2010

Financial assistanceE+W+S

1Financial assistanceE+W+S

(1)The Secretary of State may provide financial assistance in respect of CCS demonstration projects.

(2)If relevant financial assistance is provided in respect of a CCS demonstration project, the Secretary of State may provide financial assistance in respect of additional CCS use at the demonstration station.

(3)The Secretary of State may make a scheme specifying—

(a)a CCS demonstration project, and

(b)the person or persons carrying out the project,

for the purpose of enabling the administrator to provide the person or persons with financial assistance in respect of the project.

(4)If relevant financial assistance is provided in respect of a CCS demonstration project, the Secretary of State may make a scheme specifying—

(a)additional CCS use at the demonstration station, and

(b)the person or persons carrying out the additional CCS use,

for the purpose of enabling the administrator to provide the person or persons with financial assistance in respect of the additional CCS use.

(5)In this section “relevant financial assistance” means assistance provided—

(a)by the Secretary of State, or

(b)by the administrator under an assistance scheme.

2Assistance schemes: further provisionE+W+S

(1)An assistance scheme may, in particular—

(a)make provision about any of the matters specified in subsection (2), and

(b)impose obligations or confer functions on a person (including the Secretary of State).

(2)These are the matters referred to in subsection (1)(a)—

(a)what is to be carried out as part of the assisted activities;

(b)financial assistance to be given in respect of assisted activities, including determination of the amount of financial assistance to be given, or to be given at a particular time, by reference to particular matters;

(c)administration of the scheme;

(d)safety and other standards applicable to assisted activities;

(e)measurement and assessment of progress made in carrying out assisted activities;

(f)postponement, reduction or withdrawal of financial assistance to be given, and repayment of financial assistance given, in respect of assisted activities, including postponement, reduction, withdrawal and repayment on account of financial assistance given in respect of assisted activities from other sources;

(g)payments to the administrator by participants in assisted activities;

(h)disclosure of knowledge obtained in, or relating to, assisted activities, including its disclosure to third parties;

(i)audit of information (whether by the administrator or a third party), including requirements for audits to be paid for by the person whose information is subject to audit;

(j)provision of information, including its provision to third parties;

(k)changes to what is to be carried out as part of the assisted activities;

(l)changes to the persons who are the participants in relation to assisted activities;

(m)termination of the scheme;

(n)compliance with the scheme, except imposition of penalties for non-compliance;

(o)reviews and appeals.

(3)The Secretary of State may amend or revoke an assistance scheme.

(4)Before making, amending or revoking an assistance scheme, the Secretary of State must consult the following persons—

(a)the administrator;

(b)the Scottish Ministers, but only if the assisted activities are in Scotland;

(c)such other persons as the Secretary of State thinks it is appropriate to consult.

(5)If the Secretary of State makes or amends an assistance scheme, the Secretary of State must lay before Parliament the scheme as made or amended.

(6)If the Secretary of State revokes an assistance scheme, the Secretary of State must lay before Parliament a memorandum of revocation of the scheme.

(7)The power under section 1(3) or (4) or under subsection (3) of this section may not be exercised—

(a)to make a scheme unless all persons who would, by the exercise of the power, be participants consent to the exercise of the power;

(b)to amend a scheme unless—

(i)the scheme allows for the exercise of the power,

(ii)regulations under section 3 allow for the exercise of the power, or

(iii)all relevant persons consent to the exercise of the power;

(c)to revoke a scheme unless—

(i)the scheme allows for the exercise of the power,

(ii)regulations under section 3 allow for the exercise of the power, or

(iii)all persons who are participants consent to the exercise of the power.

(8)For the purposes of subsection (7)(b)(iii) each of the following is a relevant person in relation to a scheme that is to be amended—

(a)each person who is a participant in relation to the scheme (including a person who would cease to be a participant by the exercise of the power);

(b)a person who would, by the exercise of the power, be a participant in relation to the scheme.

3Regulations relating to assistance schemesE+W+S

(1)The Secretary of State may, by regulations, make provision about assistance schemes.

(2)Regulations under this section may, in particular—

(a)make provision about any of the matters specified in section 2(2); and

(b)despite the exception in section 2(2)(n), impose penalties (whether financial or not) in respect of failures to comply with the scheme;

but the regulations may not create criminal offences.

(3)Regulations under this section may not apply to an assistance scheme that is in existence at the time the regulations are made, except with the consent of each person who is, at that time, a participant in relation to that scheme.

(4)Before making regulations under this section, the Secretary of State must consult the following persons—

(a)the administrator;

(b)the Scottish Ministers;

(c)such other persons as the Secretary of State thinks it is appropriate to consult.

(5)Subsection (4) may be satisfied by consultation before, as well as by consultation after, this section comes into force.

(6)The following are subject to regulations under this section—

(a)assistance schemes;

(b)section 1(3) and (4);

(c)section 2.