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Earl Ferrers moved Amendment No. 154K:


Page 71, line 8, leave out from ("appropriate") to end of line 10 and insert:
("( ) Without prejudice to the generality of sub-paragraph (3) (d) above, such a scheme may, in relation to transfers or transactions effected in pursuance of the scheme, make provision, either generally or for specified purposes—
(a) for the transfers or transactions to be regarded as taking place in a specified order; and
(b) for the nominated associate to be treated as the same person in law as the public gas supplier").

On Question, amendment agreed to.

[Amendment No. 155 not moved.]

Earl Ferrers moved Amendments Nos. 155A and 155B:


Page 71, line 30, leave out ("or nominations").
Page 71, line 32, leave out ("or nominations").

On Question, amendments agreed to.

Earl Ferrers moved Amendment No. 155C:


Page 72, line 9, leave out first ("treated as").

On Question, amendment agreed to.

Earl Ferrers moved Amendment No. 155D:


Page 72, line 10, leave out ("or each licence").

On Question, amendment agreed to.

Earl Ferrers moved Amendment No. 155E:


Page 72, line 14, leave out ("treated as").

On Question, amendment agreed to.

Earl Ferrers moved Amendment No. 155F:


Page 72, line 17, leave out ("and") and insert:
("( ) such amendments as the Secretary of State thinks fit for varying the period of notice required for the revocation of the licence in accordance with any term contained in it; and").

On Question, amendment agreed to.

Earl Ferrers moved Amendment No. 155G:


Page 72, line 19, at end insert:
("and such a scheme may also make such transitional provision as appears to the Secretary of State to be necessary or expedient").

On Question, amendment agreed to.

Earl Ferrers moved Amendment No. 155H:


Page 72, line 37, leave out ("a") and insert ("the").

On Question, amendment agreed to.

Earl Ferrers moved Amendment No. 155J:


Page 73, line 6, after ("6(2)") insert (", and in paragraph 8(1) and (2) the words "or of a direction under paragraph 2(4) above",").

On Question, amendment agreed to.

Lord Peston: Before we proceed, I do not want to spoil the noble Earl's evening, but is there any possibility of him moving a number of amendments en bloc? Much as I enjoy the noble Earl getting up and sitting down, we could possibly get the thing over with somewhat more quickly.

28 Jun 1995 : Column 857

Earl Ferrers: I am deeply grateful to the noble Lord, Lord Peston. He is not spoiling my evening; he is merely getting me out of my confusion. I am happy to move Amendments Nos. 155K to 156L en bloc:


Page 73, line 21, leave out ("sub-paragraph") and insert ("sub-paragraphs (1) and").
Page 73, line 24, at end insert:

("Shares issued to public gas supplier by transferee

. Any shares issued to the public gas supplier by the transferee in pursuance of the scheme under paragraph 2 above—
(a) shall be of such nominal value as may be specified in or determined under the scheme;
(b) shall be issued or allotted on such terms as may be so specified or determined; and
(c) shall be treated for the purposes of the Companies Act 1985 as if they had been paid up by virtue of the payment to the transferee of their nominal value in cash.").
Page 73, line 26, leave out ("a") and insert ("the").
Page 73, line 38, leave out ("a") and insert ("the").
Page 74, line 13, after ("person") insert ("in law").
Page 74, line 32, at end insert:
("Approvals under section 5(3)

. Any approval—
(a) which has been given by the Secretary of State for the purposes of section 5(3) of the 1986 Act (approval of contract for supply of propane or butane); and
(b) which is in force immediately before the appointed day,
shall have effect on and after that day as if it had been given for the purposes of paragraph 2 of Schedule 2A to that Act.").
Page 74, line 48, at end insert:
("Applications for authorisation under section 7

.—(1) This paragraph applies where—
(a) an application has been made to the Secretary of State under section 7 of the 1986 Act (authorisation of public gas suppliers) by any person ("the applicant"); and
(b) the application is not determined before the appointed day.
(2) Subject to following provisions of this paragraph, the application shall have effect on and after the appointed day as if it were an application to the Director for—
(a) a licence under section 7 of the 1986 Act (licensing of public gas transporters) to be granted to one of the persons mentioned in sub-paragraph (3) below;
(b) a licence under subsection (1) of section 7A of that Act (licensing of gas suppliers) to be granted to the other of the persons so mentioned; and
(c) a licence under subsection (2) of that section (licensing of gas shippers) to be granted to the person mentioned in paragraph (b) above.
(3) The persons referred to in sub-paragraph (2) above are—
(a) the applicant; and
(b) such one of his associates as may be nominated by him for the purposes of this sub-paragraph.
(4) Sections 7, 7A and 7B of the 1986 Act shall apply in relation to the application, and any licence granted or proposed to be granted on the application, as if subsections (5) and (6) of section 7, and subsections (1) and (2) of section 7B, were omitted.
(5) No licence shall be granted on the application except with the consent of Secretary of State; and before giving his consent the Secretary of State shall consult—
(a) the Health and Safety Executive; and
(b) any public gas transporter whose authorised area includes the whole or any part of the area to which the application relates.
(6) For the purposes of this paragraph a company is an associate of the applicant if—
(a) the company is registered under the Companies Act 1985 and is limited by shares; and

28 Jun 1995 : Column 858


(b) either the company is wholly owned by the applicant or the applicant is wholly owned by the company.
(7) Any reference in this paragraph to a licence of any description includes a reference to an extension of such a licence.").
Page 75, line 25, leave out first ("treated as").
Page 75, line 30, leave out ("treated as").
Page 75, line 33, leave out ("and") and insert:
("( ) such amendments relating to the revocation of the licence or exemption as the Secretary of State thinks fit; and").
Page 75, line 35, at end insert:
("and such a scheme may also make such transitional provision as appears to the Secretary of State to be necessary or expedient").
Page 76, line 32, leave out ("a nominated associate of his") and insert ("the nominated associate").
Page 76, line 42, at end insert (", or for different areas,").
Page 77, line 33, leave out from ("a") to end of line 38 and insert ("public gas supplier had been done on that day by or in relation to the supplier's transport successor").
Page 77, line 40, at end insert:
("Promotion of efficient use of gas

.—(1) Any determination or direction—
(a) which has been made as respects a public gas supplier, or given to such a supplier, under section 15B of the 1986 Act (promotion of the efficient use of gas); and
(b) which is in force immediately before the appointed day,
shall have effect on and after that day as if it had been made as respects, or given to, the supply successor of that supplier under section 33BB of that Act.
(2) In this Part of this Schedule "supply successor", in relation to a public gas supplier, means the person who becomes the holder of a licence under subsection (1) of section 7A of the 1986 Act by virtue of a scheme made by or in relation to that supplier under Part I of this Schedule.").
Page 78, line 1, leave out ("of a particular pattern or construction of a meter") and insert (", consent or authorisation").
Page 78, line 2, leave out from ("under") to ("and") in line 3 and insert ("section 17 of the 1986 Act, or under regulations made, or having effect as if made, under that section").
Page 78, line 19, leave out ("domestic").
Page 78, line 26, leave out ("domestic").
Page 78, line 28, leave out sub-paragraph (3).
Page 79, line 2, leave out ("paragraph 10") and insert ("each of paragraphs 10 and 21A").
Page 79, line 12, leave out ("paragraph 10") and insert ("each of paragraphs 10 and 21A").
Page 79, line 13, leave out ("domestic").
Page 79, line 24, at end insert:
("Entry warrants
.—(1) Any warrant—
(a) which has been granted under section 2(1) of the Rights of Entry (Gas and Electricity Boards) Act 1954 (warrant to authorise entry) for the purpose of enabling an employee of a public gas supplier to enter any premises, in accordance with paragraph 15(1) (b) of Schedule 5 to the 1986 Act, in order to ascertain the quantity of gas supplied to those premises; and
(b) which is in force immediately before the appointed day,
shall have effect on and after that day as if it had been granted for the purpose of enabling an employee of the supplier's supply successor who is authorised by him for the purpose to enter those premises, in accordance with paragraph 20(1) (b) of Schedule 2B to the 1986 Act, in order to ascertain the quantity of gas supplied to the premises.
(2) Sub-paragraph (3) below applies to any warrant—
(a) which has been granted under section 2(1) of the Rights of Entry (Gas and Electricity Boards) Act 1954 for the purpose of enabling an employee of a public gas supplier to enter any

28 Jun 1995 : Column 859

premises in order to cut off or discontinue the supply of gas to those premises in accordance with paragraph 16(1) of Schedule 5 to the 1986 Act; and
(b) which is in force immediately before the appointed day.
(3) Any warrant to which this sub-paragraph applies shall have effect on and after the appointed day as if it had been granted as two separate warrants—
(a) one for the purpose of enabling an employee of the supplier's transport successor who is authorised by him for the purpose to enter the premises, in accordance with sub-paragraph (2) of paragraph 21 of Schedule 2B to the 1986 Act, in order to disconnect the premises; and
(b) the other for the purpose of enabling an employee of the supplier's supply successor who is authorised by him for the purpose to enter the premises, in accordance with that sub-paragraph, in order to cut off or discontinue the supply to the premises.
(4) In this paragraph "employee" has the same meaning as in the Rights of Entry (Gas and Electricity Boards) Act 1954.").

Lord Airedale: I think that that list of amendments demonstrates the importance of having a revising Chamber.


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