Energy Prices Act 2022

Support for meeting energy costs etc U.K.

13 Power of the Secretary of State to give support for meeting energy costs etc U.K.

(1) The Secretary of State may take such steps as the Secretary of State considers appropriate to—

(a) provide support for meeting costs related to the use of energy;

(b) enable or encourage the efficient use of energy;

(c) provide support for meeting costs related to the supply of energy;

(d) enable or encourage the supply of energy.

(2) The Secretary of State may take such other steps as the Secretary of State considers appropriate in response to the energy crisis.

(3) The steps that may be taken under the powers conferred by subsections (1) and (2) include—

(a) giving financial assistance (whether directly or indirectly and whether subject to conditions or not);

(b) acquiring, making available or otherwise enabling access to energy or relevant infrastructure (including by entering into contracts);

(c) steps in respect of particular descriptions of households, persons or premises;

(d) dealing with any costs or matters incidental to the exercise of those powers (whether those costs or matters fall to the Secretary of State or another).

(4) In subsection (3)(b) “relevant infrastructure” means infrastructure related to the supply or use of energy.

(5) Steps of a kind—

(a) described in subsection (1) or (2), and

(b) taken by the Secretary of State on or after 1 January 2022 but before the coming into force of this section,

are, to the extent that they are not authorised by a power of the Secretary of State arising under any other legislation, authorised by subsection (1) or (2) (as appropriate).

(6) Nothing in this section limits a power of the Secretary of State arising under any other legislation or otherwise.

(7) For provision about time limits on the exercise of the powers conferred by this section, see Schedule 6.

Commencement Information

I1 S. 13 in force at Royal Assent, see s. 30(6)

14 Procedure and reporting in connection with section 13 U.K.

(1) The power conferred by section 13(2) is exercisable only in accordance with subsections (2) to (4).

(2) Expenditure to be incurred by the Secretary of State—

(a) in consequence of an exercise of the power conferred by section 13(2), and

(b) in connection with any one project,

must not exceed £100 million unless the expenditure in excess of that sum is authorised by a resolution of the House of Commons before the power is exercised.

(3) But subsection (2) does not apply if the Secretary of State is satisfied that the exercise of the power is urgent and that it is not reasonably practicable to obtain the approval of the House of Commons for the connected expenditure before doing so.

(4) In such circumstances, the Secretary of State must, as soon as reasonably practicable, lay a statement concerning that expenditure before Parliament.

(5) As soon as reasonably practicable after the end of any quarter in which a power conferred by section 13 is exercised or expenditure is incurred by the Secretary of State in consequence of the exercise of such a power, the Secretary of State must lay before Parliament a report stating the amount of, and containing such other details as the Secretary of State considers appropriate about—

(a) expenditure incurred by the Secretary of State in that quarter in consequence of the exercise of the powers conferred by section 13,

(b) expenditure incurred by the Secretary of State in consequence of the exercise of those powers from the time when this Act came into force until the end of that quarter, and

(c) expenditure expected to be incurred by the Secretary of State in the future in consequence of the exercise of those powers, both during that quarter and during previous quarters.

(6) In subsection (5) “quarter” means a period of three months ending at the end of March, June, September or December.

Commencement Information

I2 S. 14 in force at Royal Assent, see s. 30(6)

15 Role of other bodies in giving support for meeting energy costs etc U.K.

(1) A designated body may take action in support of a step taken under section 13 (a “relevant step”).

(2) The Secretary of State may, by regulations, make provision about designated bodies taking action in support of relevant steps.

(3) The regulations may, in particular, make provision in connection with designated bodies—

(a) receiving financial assistance,

(b) distributing and otherwise managing financial assistance,

(c) monitoring and accounting for financial assistance,

(d) recovering and returning financial assistance, and

(e) providing information.

(4) The regulations may—

(a) make provision about how designated bodies are to take action in support of relevant steps, and

(b) provide for the giving of guidance about how such actions are to be taken.

(5) Subsection (1) applies to action taken by a designated body—

(a) on or after 1 January 2022 but before the coming into force of this section, and

(b) in support of a step taken by the Secretary of State during that period and of a kind described in section 13(1) or (2),

as it does to action taken by a designated body (in support of a step taken under section 13) on or after the coming into force of this section.

(6) The power of the Secretary of State to deal with costs or matters incidental to the exercise of the powers conferred by section 13 includes dealing with costs or matters arising under this section.

(7) A “designated body” is—

(a) a local authority;

(b) a person who is a heat supplier within the meaning of the Heat Network (Metering and Billing) Regulations 2014 (S.I. 2014/3120) or who otherwise supplies and charges for the supply of heating, cooling or hot water to a building or persons in a building;

(c) any other body or person established by or under any primary legislation or subordinate legislation and designated, in regulations made by the Secretary of State, for the purposes of this section.

(8) Regulations under subsection (2) or (7) are subject to the negative procedure.

(9) In this section “local authority” means—

(a) a county council in England,

(b) a district council for an area in England for which there is no county council,

(c) a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009,

(d) the Greater London Authority,

(e) a London borough council,

(f) the Common Council of the City of London,

(g) the Council of the Isles of Scilly,

(h) a county council in Wales,

(i) a county borough council in Wales,

(j) a corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021,

(k) a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994,

(l) a community council in Scotland,

(m) a district council in Northern Ireland.

Commencement Information

I3 S. 15 in force at Royal Assent, see s. 30(6)