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COMMONS AMENDMENT
261Schedule 18, page 216, line 32, at end insert:

' The Road Traffic Regulation Act 1984

30A.—(1) In section 1 of the Road Traffic Regulation Act 1984 (traffic regulation orders outside Greater London) in subsection (1), after paragraph (f) (which allows a traffic regulation order to be made for preserving or improving the amenities of the area through which the road runs) there shall be added "or
(g) for any of the purposes specified in paragraphs (a) to (c) of subsection (1) of section (Regulations for the purposes of Part (Air Quality)) of the Environment Act 1995 (air quality)."
(2) In section 6 of that Act (orders similar to traffic regulation orders in Greater London) in subsection (1) (b) (which allows orders in Greater London to be made for equivalent purposes to those in section 1(1) (a) to (f) of that Act) for the words "(a) to (f)" there shall be substituted the words "(a) to (g)".
(3) In section 122(2) of that Act (matters to which, so far as practicable, regard is to be had by local authorities in exercising their functions under the Act) after paragraph (b) there shall be inserted—
"(bb) the strategy prepared under section (National air quality strategy) of the Environment Act 1995 (national air quality strategy);".'.

Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 261.

Moved, That the House do agree with the Commons in their Amendment No. 261.—(Earl Ferrers.)

[Amendment No. 261A, as an amendment to Commons Amendment No. 261, not moved.]

On Question, Motion agreed to.


COMMONS AMENDMENT
262Schedule 18, page 217, leave out lines 26 to 37 and insert:
'(6) Subsection (2) of that section (disclosure of information between certain authorities) shall cease to have effect.'.

Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 262.

Moved, That the House do agree with the Commons in their Amendment No. 262.—(Earl Ferrers.)

On Question, Motion agreed to.

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COMMONS AMENDMENT
263Schedule 18, page 218, line 2, leave out from beginning to '(water' and insert:
'32.—(1) Section 3 of the Electricity Act 1989 (general duties of the Secretary of State and the Director General of Electricity Supply when exercising certain functions) shall be amended in accordance with the following provisions of this paragraph.
(2) In subsection (1) (c) (duty, subject to subsection (2), to promote competition), for the words "subsection (2)" there shall be substituted the words "subsections (2) and (2A)".
(3) After subsection (2) (duties as regards the supply of electricity in Scotland in certain cases) there shall be inserted—
"(2A) If an order under section 32(1) below requires a public electricity supplier to make, or produce evidence showing that he has made, arrangements or additional arrangements which will secure the result mentioned in subsection (2B) below, the order, so far as relating to any such requirement, may be made for the purpose of, or for purposes which include, promoting the supply to any premises of—
(a) heat produced in association with electricity, or
(b) steam produced from, or air or water heated by, such heat.
(2B) The result referred to in subsection (2A) above is that, for a period specified in the order, there will be available to the public electricity supplier—
(a) from combined heat and power stations; or
(b) from combined heat and power stations of any particular description,
an aggregate amount of generating capacity which is not less than that specified in relation to him in the order.
(2C) In subsection (2B) above, "combined heat and power station" has the meaning given by section 32(8) below.".
(4) In subsection (3) (further duties), for the words "and (2)" there shall be substituted the words ", (2) and (2A)".
32A.—(1) Section 32 of that Act (electricity from non-fossil fuel sources) shall be amended in accordance with the following provisions of this paragraph.
(2) After subsection (2) (result to be secured by arrangements made pursuant to an order under subsection (1)) there shall be inserted—
"(2A) For the purposes of this section—
(a) combined heat and power stations generally; and
(b) combined heat and power stations of any particular description,
are to be taken as being particular descriptions of non-fossil fuel generating stations.
(2B) A particular description of combined heat and power stations may be described by reference to, or by reference to matters which include—
(a) the heat or, as the case may be, the steam or heated air or water to be supplied from the station to any premises;
(b) any premises to which any such heat, steam or heated air or water is to be supplied (including, without prejudice to the generality of the foregoing, the use to which any such premises are put);
(c) the means or method by which any such heat, steam or heated air or water is to be supplied to any premises (including, without prejudice to the generality of the foregoing, any system or network of supply or distribution); or

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(d) the arrangements (including financial or contractual arrangements) under which any such heat, steam or heated air or water is to be supplied to any premises.
(2C) Subsections (2A) and (2B) above are without prejudice to—
(a) the generality of subsection (2) (b) above, or
(b) section 111(2) below;
and subsection (2B) above is without prejudice to the generality of subsection (2A) (b) above.".
(3) In subsection (8) (interpretation), after the definition of "coal products" there shall be inserted—
""combined heat and power station" means a non-fossil fuel generating station which is (or may be) operated for purposes including the supply to any premises of—
(a) heat produced in association with electricity, or
(b) steam produced from, or air or water heated by, such heat;".
32B. In Schedule 4 to that Act (other powers etc. of licence holders) in paragraph 4(1) (b) (power for certain bodies to execute works involving alterations of electric lines or plant) for the words "National Rivers Authority" there shall be substituted the words "Environment Agency".
32C. In Schedule 5 to that Act'.

Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 263. During the Committee stage my noble friend Lord Wade moved an amendment with the intention of providing vires to identify combined heat and power schemes as a specific group in future non-fossil fuel obligation orders. This amendment meets his concern. I beg to move.

Moved, That the House do agree with the Commons in their Amendment No. 263.—(Earl Ferrers.)

On Question, Motion agreed to.


COMMONS AMENDMENTS
264Schedule 18, page 218, line 15, at end insert:
' . In Schedule 5 to that Act (conditions relating to mineral working) in paragraph 4 (consultations) after sub-paragraph (4) there shall be inserted—
"(4A) Without prejudice to the application of this paragraph in relation to consultation with the Forestry Commission, where the Minister is consulted pursuant to any provision of this paragraph—
(a) he is not required to inspect any land or to express a view on any matter or question; and
(b) he is not precluded from responding in general terms or otherwise in terms which are not specific to the land in question.".
. In Schedule 6 to that Act (determination of certain appeals by person appointed by the Secretary of State) in paragraph 1(1) (power, in respect of appeals under certain provisions, to prescribe classes of appeals to be determined by an appointed person instead of by the Secretary of State), after "208," there shall be inserted "and paragraphs 6(11) and (12) and 11(1) of Schedule (Review of old mineral planning permissions) and paragraph 9(1) of Schedule (Periodic review of mineral planning permissions) to the Environment Act 1995,".'.
265Page 219, line 8, at end insert:
'(4A) After that subsection there shall be inserted—
"(4A) In England and Wales, a local authority, in exercising the functions conferred or imposed on it under this Part by virtue of subsection (3) above, shall

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have regard to the strategy for the time being published pursuant to section (National air quality strategy) of the Environment Act 1995.".'.
266Page 219, line 19, leave out 'Subsections (4) to (8)' and insert 'The requirements of sub-paragraph (ii) of paragraph (a) or, as the case may be, of paragraph (b) of subsection (8) above shall not apply in any case where, in the opinion of the Secretary of State, the publication of notice in accordance with that sub-paragraph would be contrary to the interests of national security.
(8B) Subsections (4) to (8A)'.
267Page 219, line 48, at end insert:
'(2) At the end of subsection (12) of that section (definition of "relevant enactments" for the purposes of subsection (2)) there shall be added "; and
(g) section (Regulations for the purposes of Part (Air Quality)) of the Environment Act 1995.".'.
268Page 221, line 29, at end insert:
'( ) For subsection (5) (hearings) there shall be substituted—
"(5) Before determining an appeal under this section, the Secretary of State may, if he thinks fit—
(a) cause the appeal to take or continue in the form of a hearing (which may, if the person hearing the appeal so decides, be held, or held to any extent, in private); or
(b) cause a local inquiry to be held;
and the Secretary of State shall act as mentioned in paragraph (a) or (b) above if a request is made by either party to the appeal to be heard with respect to the appeal.".'.

Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 264 to 268.

Moved, That the House do agree with the Commons in their Amendments Nos. 264 to 268.—(Earl Ferrers.)

On Question, Motion agreed to.


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