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House of Commons
Session 2001- 02
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House of Commons Votes and Proceedings
Friday 10th May 2002

The House met at half-past Nine o'clock.

PRAYERS.

1    Home Energy Conservation Bill,-The House, according to Order, proceeded to consider the Home Energy Conservation Bill, as amended in the Standing Committee.

    A Clause (Fuel poverty)-(Dr Desmond Turner)-brought up, read the first and second time, and added to the Bill.

    Another Clause (Review of schemes not conforming to model scheme)-(Dr Desmond Turner)-brought up, read the first and second time, and added to the Bill.

    Amendment (No. 11) proposed to the Bill, in page 1, line 4, to leave out from the beginning to the end of line 17 on page 2 and insert the words-

    '(1)After section 2 of the principal Act there is inserted-

    "2A Energy efficiency reports

      (1) Where a target applies for the time being to an energy conservation authority in England and Wales, the authority shall prepare a report in accordance with this section.

      (2) The report shall set out the energy conservation measures that the authority considers practicable, cost-effective and likely to result in the target being met.

      (3) An energy conservation authority in England and Wales shall, so far as is reasonably practicable, implement so as to meet the target any report which it has prepared in accordance with this section and published.

      (4) In this section a target means a requirement to achieve an improvement (which may be expressed as a percentage) in the energy efficiency of residential accommodation in the authority's area within a specified time.

      (5) A target applies to an authority at any time when-

      (a) the Secretary of State, after consulting the Local Government Association of England and Wales, has made a determination specifying the target and providing for it to apply to the authority or to authorities including the authority, and

      (b) the target has been published in any manner the Secretary of State considers appropriate.

      (6) The Secretary of State may by a further determination made after consultation with the association and so published vary any previous determination and any target shall have effect accordingly.

      (7) Subsections (3) to (7) of section 2 apply for the purposes of this section.

      (8) On the application to an authority of a target under this section, this Act so far as it relates to reports under section 2 ceases to apply in relation to the authority".

    (2) In sections 3 (functions of Secretary of State) and 5(1) (modification) of the principal Act, after each mention of "section 2" there is inserted "or 2A", and-

      (a) at the end of section 4(2) there is inserted "for the purposes of reports under section 2",

      (b) after section 4(2) there is inserted-

      "(2A)The Secretary of State may give energy conservation authorities in England and Wales such guidance as he considers appropriate in relation to the exercise of their functions under section 2A and (so far as relating to that section) section 3(2)(a).",

      (c) in section 5(2), for "subsections (2) to (6) of section 2" there is substituted "sections 2 and 2A".

    (3) In section 6 of the principal Act (supplementary), after subsection (2) there is inserted-

      "(3)An energy conservation authority in England and Wales must-

      (a) at all reasonable times keep a copy of any report under section 2 or 2A, and of any report sent to the Secretary of State under section 3(2)(a), available for inspection by members of the public free of charge, and

      (b) provide reasonable facilities for members of the public to obtain copies of such reports on payment of a reasonable charge.

      (4) The Secretary of State may by regulations made by statutory instrument require registered social landlords to provide each energy conservation authority in England and Wales within whose area they have residential accommodation with prescribed information, in the prescribed form, as to the levels of performance achieved by them in relation to the energy efficiency of the accommodation.

      (5) A registered social landlord who, without reasonable excuse, fails to comply with a requirement imposed by regulations under subsection (4) is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

      Proceedings for an offence under this subsection may only be brought by or with the consent of the Director of Public Prosecutions.

      (6) In this section, "prescribed" means prescribed by regulations under subsection (4) and "registered social landlord" has the same meaning as in the Housing Act 1996; and a statutory instrument containing regulations under subsection (4) shall be subject to annulment in pursuance of a resolution of either House of Parliament".', instead thereof.-(Dr Desmond Turner.)

    Question proposed, That the Amendment be made.

    Amendment (a) proposed to the proposed Amendment, in line 1, at the beginning, to insert the words-

    '(A1) The appropriate Minister shall in exercising any functions under this section or under the principal Act, and in considering whether or not to exercise those functions, have as a principal aim the achievement of an improvement in energy efficiency in residential accommodation of at least 30 per cent. by the end of 2010, taking 1st January 1996 as the base line date.'.-(Mr Gregory Barker.)

    Question put, That the Amendment be made to the proposed Amendment.

    The House divided.

      Tellers for the Ayes, Sir Sydney Chapman, Alan Simpson: 87.

      Tellers for the Noes, Jim Fitzpatrick, Angela Smith: 62.

    Proposed Amendment, as amended, made to the Bill.

    Other Amendments (Nos. 12 and 5) made to the Bill.

    Another Amendment (No. 9) proposed to the Bill, in page 3, line 31, to leave out from the word 'provision;' to the end of line 34 and insert the words-

      '(c) shall be made by statutory instrument; and

      (d) shall not be made unless a draft of them has been laid before and approved by a resolution of each House of Parliament.".', instead thereof.-(Dr Desmond Turner.)

    Question proposed, That the Amendment be made.

    And it being half-past Two o'clock, the Debate stood adjourned.

    Ordered, That the Debate be resumed on Friday 19th July.

2    Copyright (Visually Impaired Persons) Bill,-The Order of the day being read, for consideration of the Copyright (Visually Impaired Persons) Bill, as amended in the Standing Committee;

    Ordered, That the Bill be considered on Friday 21st June.

3    Pensions Annuities (Amendment) Bill,-The Order of the day being read, for further consideration of the Pensions Annuities (Amendment) Bill, as amended in the Standing Committee;

    Ordered, That the Bill be further considered on Friday 19th July.

4    Relationships (Civil Registration) Bill,-The Order of the day being read, for the Second Reading of the Relationships (Civil Registration) Bill;

    Ordered, That the Bill be read a second time on Friday 19th July.

5    Health (Air Travellers) Bill,-The Order of the day being read, for resuming the adjourned Debate on the Question proposed on 25th January, That the Health (Air Travellers) Bill be now read a second time;

    Ordered, That the Debate be resumed on Friday 19th July.

6    Road Safety and Speed Bill,-The Order of the day being read, for the Second Reading of the Road Safety and Speed Bill;

    Ordered, That the Bill be read a second time on Friday 19th July.

7    Trespassers on Land (Liability for Damage and Eviction) Bill,-The Order of the day being read, for the Second Reading of the Trespassers on Land (Liability for Damage and Eviction) Bill;

    Ordered, That the Bill be read a second time on Friday 19th July.

8    Right to Self-Employment Bill,-The Order of the day being read, for the Second Reading of the Right to Self-Employment Bill;

    Ordered, That the Bill be read a second time on Friday 19th July.

9    Religious Discrimination and Remedies Bill,-The Order of the day being read, for the Second Reading of the Religious Discrimination and Remedies Bill;

    Ordered, That the Bill be read a second time on Friday 19th July.

10    Patients Without Legal Capacity (Safeguards) Bill,-The Order of the day being read, for the Second Reading of the Patients Without Legal Capacity (Safeguards) Bill;

    Ordered, That the Bill be read a second time on Friday 21st June.

11    Compulsory Voting Bill,-The Order of the day being read, for the Second Reading of the Compulsory Voting Bill;

    Ordered, That the Bill be read a second time on Friday 21st June.

12    Patents Act 1977 (Amendment) (No. 2) Bill,-The Order of the day being read, for the Second Reading of the Patents Act 1977 (Amendment) (No. 2) Bill;

    Ordered, That the Bill be read a second time on Friday 19th July.

13    Disability Discrimination (Amendment) Bill [Lords],-The Order of the day being read, for the Second Reading of the Disability Discrimination (Amendment) Bill [Lords];

    Ordered, That the Bill be read a second time on Friday 21st June.

14    Age Discrimination (No. 2) Bill,-The Order of the day being read, for the Second Reading of the Age Discrimination (No. 2) Bill;

    Ordered, That the Bill be read a second time on Friday 19th July.

15    Adjournment,-Resolved, That this House do now adjourn.-(Jim Fitzpatrick.)

    And accordingly the House, having continued to sit till two minutes past Three o'clock, adjourned till Monday 13th May.

[Adjourned at 3.02 p.m.

Michael J. Martin
Speaker


Mr Speaker will take the Chair at half-past Two o'clock on Monday next.


APPENDIX I

Papers presented or laid upon the Table:

Papers subject to Affirmative Resolution:

1    Industrial Organisation and Development,-Draft Horticultural Development Council (Amendment) Order 2002 [by Act], with an Explanatory Memorandum [by Command] [Secretary Margaret Beckett].

Papers subject to Negative Resolution:

2    Financial Services and Markets,-Financial Services and Markets Act 2000 (Financial Promotion and Miscellaneous Amendments) Order 2002 (S.I., 2002, No. 1310), dated 9th May 2002 [by Act] [Ruth Kelly].

3    Insolvency,-(1) Administration of Insolvent Estates of Deceased Persons (Amendment) Order 2002 (S.I., 2002, No. 1309),

    (2) Insolvency (Amendment) Rules 2002 (S.I., 2002, No. 1307), and

    (3) Insolvent Partnerships (Amendment) Order 2002 (S.I., 2002, No. 1308),

    dated 9th May 2002 [by Act] [Ms Secretary Hewitt].

4    Investigatory Powers,-Regulation of Investigatory Powers (Prescription of Offices, Ranks and Positions) (Amendment) Order 2002 (S.I., 2002, No. 1298), dated 7th May 2002 [by Act] [Mr Secretary Blunkett].

5    National Health Service,-National Health Service (Compensation for Premature Retirement) Regulations 2002 (S.I., 2002, No. 1311), dated 10th May 2002 [by Act] [Mr Secretary Milburn].

6    Police,-Police (Northern Ireland) Act 2000 (Designated Places of Detention) Order 2002 (S.R. (N.I.), 2002, No. 179), dated 8th May 2002 [by Act] [Mr Secretary Reid].

7    Prevention and Suppression of Terrorism,-Security of Pathogens and Toxins (Exceptions to Dangerous Substances) Regulations 2002 (S.I., 2002, No. 1281), dated 4th May 2002 [by Act] [Mr Secretary Blunkett].

Other Papers:

8    Miscellaneous (No. 10, 2002),-International Coffee Agreement 2001, adopted at London on 28th September 2000, with an Explanatory Memorandum [by Command] [Cm. 5516] [Mr Secretary Straw].

9    Public Expenditure,-Paper, entitled Public Expenditure: Statistical Analyses 2002-03 [by Command] [Cm. 5401] [Mr Andrew Smith].

10    Reserve Forces,-(1) Amendment 24 to the Territorial Army Regulations 1978, and

    (2) Change 9 to the Regulations for the Naval and Marine Reserves (BR 64)

    [by Act] [Mr Secretary Hoon].

11    Supply Estimates, 2002-03,-Supplementary Budgetary Information to the Supply Estimates for 2002-03 for Central Government [by Command] [Cm. 5510] [Mr Andrew Smith].

12    Treaty Series (No. 20, 2002),-Exchange of Notes, done at Seoul on 29th June 2001, between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Korea amending the Air Services Agreement done at Seoul on 5th March 1984 [by Command] [Cm. 5507] [Mr Secretary Straw].

APPENDIX II

Standing Committees

    1    Occupational Pensions Schemes (Minimum Funding Requirements and Miscellaneous Amendments) Regulations 2002 (S.I., 2002, No. 380),-The Committee of Selection has discharged Denzil Davies from the First Standing Committee on Delegated Legislation (nominated in respect of the Regulations); and nominated in substitution John Mann.

European Standing Committees

    2    European Standing Committee B,-The Committee of Selection has discharged Mr David Lepper from European Standing Committee B; and nominated in substitution Mark Tami.



 
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