The House of Commons considered the House of Lords’ amendments to the Energy Bill as part of the second stage of ‘ping pong’ on 20 April 2016. All such amendments were passed, except ‘Amendment 7T’ (please see detail below). The revised Bill with ‘Amendment 7T’ removed will now be considered by the House of Lords. A date for consideration of the revised Bill by the House of Lords has yet to be published.

The accepted amendments to the Bill include:

  • an extension of the Investment Freezing Condition grace period until 31 January 2018;
  • an extension of the Grid or Radar Delay grace period (where the Approved Development Condition is also met) until 31 January 2019; and
  • an amendment of the Grid or Radar Delay grace period (where the Approved Development Condition is not met) to allow for a 12 month grace period from the date the Energy Act 2016 is passed.

Amendment 7T, which proposed the extension of the planning criteria for the Approved Development Condition to include projects with a resolution to consent prior to 18 June 2015, where full consent is subsequently granted after 18 June 2015, was rejected by the House of Commons.

Please note under the revised Bill, in respect of the Approved Development Condition grace period, projects must still commission by 31 March 2017.

For wider information on the Energy Bill in this context please click here.