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Lord Fraser of Carmyllie moved Amendments Nos. 139 to 142:


Page 66, line 9, after ("regulations)") insert—
("(a) for paragraph (aa) there shall be substituted the following paragraph—
"(aa) provide for anything falling to be determined under the regulations to be determined—
(i) by the Director or by such other person as may be prescribed by the regulations; and

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(ii) in accordance with such procedure and by reference to such matters and to the opinion of such persons as may be so prescribed;" and.
(b) in paragraph (b),").
Page 66, line 45, leave out from (""prescribed",") to end of line 46 and insert ("for the words "(except in section 33A above)" there shall be substituted the words "made, unless the context otherwise requires, by the Secretary of State"").
Page 66, line 50, at end insert—
("( ) the definition of "regulations" shall cease to have effect;").
Page 67, line 1, leave out ("after the definition of "regulations"") and insert ("immediately before the definition of "subsidiary"").

The noble and learned Lord said: My Lords, in moving Amendment No. 100, I believed that I had spoken to these amendments. I have been corrected; I have no doubt about the accuracy of the correction. I beg to move Amendments Nos. 139 to 142. They are technical amendments which should have been spoken to when I moved Amendment No. 100.

On Question, amendments agreed to.

Lord Fraser of Carmyllie moved Amendments Nos. 143 and 144:


Page 67, line 2, leave out ("definition") and insert ("definitions").
Page 67, line 6, after ("pipe;") insert—
("'storage', in relation to gas, means storage in, or in a facility which is connected (directly or indirectly) to, a pipe-line system operated by a public gas transporter;" ").

The noble and learned Lord said: My Lords, in moving Amendments Nos. 143 and 144, I speak also to Amendments Nos. 146 to 148. They are all technical amendments.

On Question, amendments agreed to.

Lord Fraser of Carmyllie moved Amendment No. 145:


Page 67, line 7, at end insert—
("(1A) After subsection (1) of that section there shall be inserted the following subsection—
"(1A) In this Part any reference to an officer authorised by any person includes, in relation to an officer who is an officer or servant of an agent of that person, an officer who, in accordance with the terms of any written authority given by that person to the agent, is authorised by the agent on behalf of that person."").

The noble and learned Lord said: My Lords, I spoke to Amendment No. 145 when moving Amendment No. 68. I beg to move.

On Question, amendment agreed to.

Lord Fraser of Carmyllie moved Amendments Nos. 146 to 148:


Page 67, line 8, leave out from ("for") to end of line 9 and insert ("paragraphs (a) and (b) there shall be substituted the words "to the supply of gas (directly or indirectly) to a public gas transporter, gas supplier or gas shipper".").
Page 67, line 13, leave out ("25,000").
Page 67, line 14, leave out ("732,000").

The noble and learned Lord said: My Lords, in moving Amendment No. 143, I spoke also to Amendments Nos. 146 to 148. I beg to move.

On Question, amendments agreed to.

[Amendment No. 149 not moved.]

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Lord Fraser of Carmyllie moved Amendments Nos. 150 and 151:


Page 68, line 1, leave out ("paragraph 1(1)") and insert ("sub-paragraph (1) of paragraph 1").
Page 68, line 8, at end insert—
("( ) After sub-paragraph (3) of that paragraph there shall be inserted the following sub-paragraphs—
"(4) If and to the extent that regulations made by the Secretary of State so provide, a public gas transporter shall pay, by way of compensation for any loss sustained by any person in consequence of the exercise of those powers, such sum as may be determined in accordance with the regulations.
(5) Except with the consent of all public gas transporters, no regulations may be made under sub-paragraph (4) above which amend, or re-enact with modifications, regulations previously made under that sub-paragraph." ").

The noble and learned Lord said: My Lords, in moving Amendment No. 133, I wished to speak also to Amendments Nos. 150 and 151. I beg to move.

On Question, amendments agreed to.

Schedule 4 [Minor and consequential amendments]:

Lord Fraser of Carmyllie moved Amendment No. 152:


Page 70, line 40, at end insert—

("Statistics of Trade Act 1947 (c.39)

.—(1) In relation to gas, subsection (5)(b) of section 9 of the Statistics of Trade Act 1947 (restriction on disclosure of information obtained under that Act) shall have effect as if the references to the total quantity or value of any articles produced, sold or delivered included a reference to each of the following, that is to say—
(a) the total quantity or value of gas which is supplied in Great Britain;
(b) the total quantity or value of gas which in Great Britain is supplied—
(i) for the same purposes, or for different purposes but in similar quantities;
(ii) to premises appearing to the Secretary of State to be of the same description; or
(iii) on terms appearing to the Secretary of State to be similar as respects continuity of supply;
(c) the total quantity of gas which in Great Britain is conveyed or shipped to premises for supply purposes, or is stored; and
(d) the total quantity of gas which in Great Britain is conveyed or shipped to or from, or is stored in, facilities or pipe-line systems appearing to the Secretary of State to be of the same description.
(2) If different areas of Great Britain are specified for any purposes of this paragraph by order made by the Secretary of State, this paragraph shall have effect for those purposes as if any reference to Great Britain included a reference to each of those areas.
(3) An order under this paragraph shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(4) In this paragraph—
"convey" means convey through pipes;
"for supply purposes", in relation to any conveyance or shipment of gas to any premises, means with a view to the gas being supplied to the premises, or being used in the premises by the holder of a licence under section 7A(2) of the 1986 Act;
"gas" and "public gas transporter" have the same meanings as in Part I of the 1986 Act;
"store" means store in, or in a facility which is connected (directly or indirectly) to, a pipe-line system operated by a public gas transporter;

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"supply", in relation to gas, means supply to premises to which the gas has been conveyed, other than supply (directly or indirectly) to a public gas transporter, gas supplier or gas shipper.
(5) For the purposes of this paragraph—
(a) gas is shipped if, in pursuance of arrangements made with a public gas transporter, it is introduced into, conveyed by means of or taken out of a pipe-line system operated by that transporter; and
(b) any reference to the shipment of gas to any premises, or to or from any facilities or pipe-line systems, shall be construed accordingly.").

On Question, amendment agreed to.

Lord Fraser of Carmyllie moved Amendment No. 153:


Page 76, line 5, leave out paragraph 20.

The noble and learned Lord said: My Lords, the amendment has been brought forward in response to points which were raised at earlier stages by the noble Lord, Lord Peston, and the noble Lord, Lord Ezra. As my noble friend Lord Ferrers made clear in response to that debate, the deregulation order-making power in the Deregulation and Contracting Out Act applies only to legislation passed up to and including the 1994 Session. That was because we recognised that Parliament could not know what future legislation might consist of and whether it would be appropriate to introduce an order-making power of that kind.

In view of the strong views expressed, we have considered again whether such a provision was really needed in the Bill. We have concluded that it is not. I beg to move.

Lord Peston: My Lords, I thank the Minister on behalf of all noble Lords who are interested in the matter. I believe that he is entirely right: the provision is not needed in this Bill, apart from any question of principle. I am most indebted to him for taking out the paragraph.

Lord Ezra: My Lords, perhaps I may reiterate what the noble Lord, Lord Peston, said. It was a provision that caused us acute concern. I am glad that the Government have come to the conclusion that it is not relevant. It seemed to us that it raised a serious matter almost of constitutional concern. Now that the paragraph has been removed, we are once again indebted to the Minister for his understanding of the position which we then expressed.

On Question, amendment agreed to.

Schedule 5 [Transitional provisions and savings]:


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