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Lord Fraser of Carmyllie moved Amendments Nos. 154 to 178:


Page 76, line 26, leave out ("the persons so mentioned") and insert ("those persons").
Page 77, line 3, leave out ("as may be") and insert (", and only such provision, as the Secretary of State considers").
Page 78, line 2, after ("may") insert ("if he thinks fit").
Page 78, line 3, at end insert ("appropriate for the purpose of securing that the scheme makes such provision, and only such provision, as he considers").
Page 78, line 11, after ("provision") insert (", and only such provision,").
Page 79, line 30, leave out ("paragraph") and insert ("paragraphs 4(4)(b) and").

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Page 80, line 8, after ("be") insert ("issued as fully paid and").
Page 80, line 9, leave out ("of their nominal value in cash") and insert ("in cash of their nominal value and, if the scheme so provides, such premium as may be so specified or determined").
Page 80, line 10, at end insert—
("Statutory accounts

.—(1) This paragraph has effect for the purposes of any statutory accounts of the transferee, that is to say, any accounts prepared by the transferee for the purpose of any provision of the Companies Act 1985 (including group accounts).
(2) Subject to sub-paragraph (3) below, the value or amount to be assigned to any asset or liability which is vested in the transferee by virtue of paragraph 6 above shall be—
(a) the value or amount (if any) assigned to the asset or liability for the purposes of the corresponding statement of accounts prepared by the public gas supplier in respect of the last complete accounting year of the supplier to end before the appointed day; or
(b) if the asset or liability is part only of an asset or liability to which a value or amount is so assigned, so much of that value or amount as may be determined by or under the scheme under paragraph 2 above; or
(c) if no value or amount is given by paragraph (a) or (b) above or the value or amount so given is inappropriate in all the circumstances of the case, such value or amount as may be determined, on the basis of the supplier's accounting records, by or under that scheme.
(3) The amount to be included in respect of any item shall be determined as if so much of anything done by the public gas supplier (whether by way of acquiring, revaluing or disposing of any asset or incurring, revaluing or discharging any liability, or by carrying any amount to any provision or reserve, or otherwise) as may be determined by or under the scheme under paragraph 2 above had been done by the transferee.
(4) Without prejudice to the generality of the preceding provisions of this paragraph, the amount to be included from time to time in any reserves of the transferee as representing the transferee's accumulated realised profits shall be determined as if such proportion of any profits realised and retained by the public gas supplier as is determined by or under the scheme under paragraph 2 above had been realised and retained by the transferee.
(5) In this paragraph, in relation to the public gas supplier—
"accounting records" means accounting records kept by the supplier in pursuance of section 221 of the Companies Act 1985;
"complete accounting year" means a financial year of the supplier determined in accordance with section 223 of that Act.").
Page 82, line 4, after ("Director") insert ("(in such terms as may be specified by the applicant for the purposes of this sub-paragraph)").
Page 82, line 9, leave out ("the persons so mentioned") and insert ("those persons").
Page 83, line 5, leave out ("sub-paragraph (4)") and insert ("sub-paragraphs (3A) and (4)").
Page 83, line 10, at end insert—
("(3A) Sub-paragraph (3) above shall not apply in relation to a licence treated as granted under section 7A(1) of the 1986 Act which authorises only the supply to premises of gas which has been conveyed to the premises otherwise than by a public gas transporter.").
Page 83, line 11, leave out ("so granted") and insert ("granted under section 7A(1) or (2) of the 1986 Act").
Page 83, line 12, leave out ("the 1986") and insert ("that").
Page 83, line 18, after ("revocation") insert ("or suspension").
Page 83, line 45, at beginning insert ("(1) Subject to sub-paragraph (2) below,").
Page 83, line 48, after ("such") insert ("one").
Page 84, line 3, at end insert—

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("(2) If, in the case of any such authorisation as is mentioned in sub-paragraph (1) above, the Secretary of State is satisfied that exemption from such one or more of paragraphs (a), (b) and (c) of section 5(1) of the 1986 Act as may be requisite to meet the particular circumstances of the case will be granted under section 6A of that Act as from the appointed day, he may by order direct that that sub-paragraph shall not apply in relation to the authorisation.
(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.").
Page 85, line 14, leave out ("This paragraph") and insert ("Sub-paragraph (1A) below applies where—
(a) a public gas supplier has been required under subsection (1) (duty to supply certain premises) of section 10 of the 1986 Act to give a supply of gas to any premises; and
(b) the required supply is not given before the appointed day.
(1A) The requirement shall have effect on and after the appointed day as if it were—
(a) a request made to the supplier's supply successor for a supply of gas; and
(b) if the premises are not connected to a relevant main, a requirement made of the supplier's transport successor under subsection (2)(a) of section 10 requiring him to connect the premises to such a main and supply and lay any pipe that may be necessary for that purpose.
(1B) Sub-paragraph (2) below").
Page 85, line 16, leave out ("section 10 of the 1986 Act (connection charges)") and insert ("subsection (4) (connection charges) of section 10").
Page 85, line 18, leave out ("paragraph") and insert ("sub-paragraph").
Page 85, line 31, at end insert—
("( ) In this Part of this Schedule "supply successor", in relation to a public gas supplier, means the person who becomes a gas supplier by virtue of a scheme made by or in relation to that public gas supplier under Part I of this Schedule.").
Page 85, leave out lines 40 to 43.
Page 88, line 6, at end insert—
("Street works notices

27A. Any notice—
(a) which has been given by a public gas supplier in England and Wales under section 54, 55 or 57 of the New Roads and Street Works Act 1991, or in Scotland under section 113, 114 or 116 of that Act; 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 by the public gas supplier's transport successor.").

The noble and learned Lord said: My Lords, I am advised that, unless there is objection, I may move the remaining amendments. There is no objection to that; I therefore do so. I beg to move Amendments Nos. 154 to 178.

On Question, amendments agreed to.

Lord Fraser of Carmyllie moved Amendments Nos. 179:


Page 88, line 6, at end insert—

("Restrictive trade practices

27B.—(1) In relation to any supply of gas before the appointed day, the reference in subsection (2) of section 62 of the 1986 Act (exclusion of agreements from Restrictive Trade Practices Act 1976) to a supply of gas otherwise than under a licence granted under section 7A(1) of the 1986 Act shall have effect—
(a) in the case of a supply before 23rd August 1986, as a reference to a supply of gas otherwise than in performance of any duty imposed by the Gas Act 1972; and
(b) in the case of a supply on or after that date, as a reference to a supply of gas otherwise than under an authorisation granted under section 7 of the 1986 Act.

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(2) In relation to any introduction or taking out of gas, or any use of a system or facility, before the appointed day, subsection (2A) of section 62 of the 1986 Act shall have effect as if—
(a) the reference to a public gas transporter were a reference to a public gas supplier; and
(b) the reference to gas shippers were a reference to any persons.").

The noble and learned Lord said: My Lords, I shall now move the other amendments to which I have spoken. I beg to move Amendment No. 179.

On Question, amendment agreed to.

Schedule 6 [Repeals]:


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