House of Lords portcullis
House of Lords
Session 1999-2000
Publications on the internet
Other Bills before Parliament
Amendments to the Utilities Bill

Utilities Bill -
Amendments to be debated in the House of Lords

Here you can browse the Amendments to the Utilities Bill to be moved in Committee in the House of Lords.

  
Clause 19
 
  
BY THE LORD McINTOSH OF HARINGEY
 
     Page 14, line 27, leave out from second ("section") to end of line 28 and insert ("(General restrictions on disclosure of information)") 
  
Clause 20
 
  
BY THE LORD McINTOSH OF HARINGEY
 
     Page 14, line 40, at end insert--
 
    ("(3A)  The disclosure by the Council of information in the exercise of that function does not contravene section (General restrictions on disclosure of information)")
 
  
Clause 21
 
  
BY THE LORD McINTOSH OF HARINGEY
 
     Page 16, line 16, leave out from first ("section") to end of line and insert ("(General restrictions on disclosure of information)") 
  
Clause 24
 
  
BY THE LORD McINTOSH OF HARINGEY
 
     Page 21, line 30, leave out from beginning to ("under") in line 39 and insert--
 
    ("(1)  The Council may direct--
    (a)  the Authority; or
    (b)  the holder of a gas licence or an electricity licence,
to supply to it, in such form as it may reasonably specify, such information specified or described in the direction as it may require for the purpose of exercising its functions.
 
    (2)  A person to whom a direction under this section is given shall comply with it as soon as is reasonably practicable.
 
    (3)  Before giving a direction")
 
     Page 21, line 43, leave out from beginning to end of line 19 on page 22 and insert--
 
    ("(6)  If the Authority fails to comply with a direction under this section it shall, if so required by the Council, give notice to the Council of the reasons for its failure.")
 
  
Clause 25
 
  
BY THE LORD McINTOSH OF HARINGEY
 
     Page 22, line 21, leave out ("24(7) or (10)") and insert ("24(4)") 
     Page 22, line 23, leave out ("not be") and insert ("be excluded from any notice") 
     Page 22, line 28, leave out ("disclosure") and insert ("publication") 
     Page 22, line 44, leave out from first ("section") to end of line and insert ("(General restrictions on disclosure of information)") 
  
Clause 26
 
  
BY THE LORD McINTOSH OF HARINGEY
 
     Page 23, leave out lines 1 to 8 and insert--
 
    ("(1)  The Authority may direct the Council to supply to it, in such form as it may reasonably specify, such information specified or described in the direction as it may require for the purpose of exercising its functions.
 
    (2)  The Council shall comply with a direction under this section as soon as is reasonably practicable.")
 
     Page 23, leave out lines 18 to 20 
  
After Clause 26
 
  
BY THE LORD McINTOSH OF HARINGEY
 
     Insert the following new Clause-- 
     (".--(1) The Secretary of State may make regulations prescribing--
    (a)  descriptions of information which the Authority, a licence holder or the Council may refuse to supply under section 24 or 26; or
    (b)  circumstances in which the Authority, a licence holder or the Council may refuse to comply with a direction under section 24 or 26.
    (2)  The Council may, if no person is prescribed for the purpose under subsection (3), refer a failure by a licence holder to comply with a direction under section 24 to the Authority.
 
    (3)  The Secretary of State may make regulations for the purpose of enabling a failure to comply with a direction under section 24 or 26 to be referred by the person who gave the direction to such person (other than the Authority) as may be prescribed by the regulations.
 
    (4)  A person to whom such a failure is referred (whether under subsection (2) or regulations under subsection (3)) shall--
    (a)  consider any representations made by either party;
    (b)  determine whether the person failing to comply with the direction is entitled to refuse to do so and, if not, order him to comply with the direction; and
    (c)  give notice of his determination and any order under subsection (4)(b), with reasons, to both parties.
    (5)  A notice under subsection (4) may be published by either party to the reference; and subsections (2) to (5) of section 25 apply to the publication of such a notice as they apply to the publication of a notice under section 24(4).
 
    (6)  Section 60 of the 1989 Act (powers to make regulations) applies to regulations under this section as if they were made under Part I of that Act.
 
    (7)  The power of the Secretary of State to make regulations under this section is exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.")
Sections 24 to 26: supplementary.
  
Clause 31
 
  
BY THE LORD McINTOSH OF HARINGEY
 
     Page 29, line 9, at end insert--
 
    ("(4A)  After subsection (3) there is inserted--
        (3A)  Conditions included in a transmission licence or a distribution licence by virtue of subsection (1)(a) may require the holder, in such circumstances as are specified in the licence--
      (a)  so to increase his charges for the transmission or distribution of electricity as to raise such amounts as may be determined by or under the conditions; and
      (b)  to pay the amounts so raised to such licence holders as may be so determined.")
 
  
Schedule 4
 
  
BY THE LORD McINTOSH OF HARINGEY
 
     Page 116, line 32, at end insert-- 
 ("Deemed contracts in certain cases 
     2A.--(1) Where an electricity supplier supplies electricity to any premises otherwise than in pursuance of a contract, the supplier shall be deemed to have contracted with the occupier (or the owner if the premises are unoccupied) for the supply of electricity as from the time ("the relevant time") when he began so to supply electricity.
 
    (2)  Where--
    (a)  the owner or occupier of any premises takes a supply of electricity which has been conveyed to those premises by an electricity distributor;
    (b)  that supply is not made by an authorised supplier; and
    (c)  a supply of electricity so conveyed has been previously made by an electricity supplier,
the owner or occupier shall be deemed to have contracted with the appropriate supplier for the supply of electricity as from the time ("the relevant time") when he began to take such a supply.
 
    (3)  Nothing in sub-paragraph (2) shall be taken to afford a defence in any criminal proceedings.
 
    (4)  The Authority shall publish a document containing provision for determining the "appropriate supplier" for the purposes of sub-paragraph (2).
 
    (5)  The Authority may revise the current document published under sub-paragraph (4); and where it does so it shall publish the revised document.
 
    (6)  The express terms and conditions of a contract which, by virtue of sub-paragraph (1) or (2), is deemed to have been made shall be provided for by a scheme made under this paragraph.
 
    (7)  Each electricity supplier shall make (and may from time to time revise), a scheme for determining the terms and conditions which are to be incorporated in the contracts which, by virtue of sub-paragraph (1) or (2), are to be deemed to have been made.
 
    (8)  The terms and conditions so determined may include terms and conditions for enabling the electricity supplier to determine, in any case where the meter is not read immediately before the relevant time, the quantity of electricity which is to be treated as supplied by the supplier to the premises, or taken by the owner or occupier of the premises, during the period beginning with the relevant time and ending with--
    (a)  the time when the meter is first read after the relevant time; or
    (b)  the time when the supplier ceases to supply electricity to the premises, or the owner or occupier ceases to take a supply of electricity,
whichever is the earlier.
 
    (9)  A scheme under this paragraph may (subject to section 7B) make different provision for different cases or classes of cases, or for different areas, determined by, or in accordance with, the provisions of the scheme.
 
    (10)  As soon as practicable after an electricity supplier makes a scheme under this paragraph, or a revision of such a scheme, he shall--
    (a)  publish, in such manner as he considers appropriate for bringing it to the attention of persons likely to be affected by it, a notice stating the effect of the scheme or revision;
    (b)  send a copy of the scheme or revision to the Authority and to the Council; and
    (c)  if so requested by any other person, send such a copy to that person without charge to him.
 
 Supplies of electricity illegally taken 
     2B.--(1) Where any person takes a supply of electricity which is in the course of being conveyed by an electricity distributor, the distributor shall be entitled to recover from that person the value of the electricity so taken.
 
    (2)  Where--
    (a)  any person at premises at which a connection has been restored in contravention of paragraph 3(1) takes a supply of electricity which has been conveyed to those premises by an electricity distributor; and
    (b)  the supply is taken otherwise than in pursuance of a contract made with an authorised supplier, or of a contract deemed to have been made with an electricity supplier by virtue of paragraph 2A above or paragraph 4H (former tariff customers) of Schedule 7,
the distributor shall be entitled to recover from that person the value of the electricity so taken.
 
    (3)  Each electricity distributor shall make, and from time to time revise, a scheme providing for the manner in which, and the persons by whom, the quantity of electricity taken in such circumstances as are mentioned in sub-paragraph (1) or (2) is to be determined for the purposes of that sub-paragraph.
 
    (4)  Sub-paragraphs (9) and (10) of paragraph 2A shall apply in relation to a scheme under this paragraph as they apply in relation to a scheme under that paragraph.
 
    (5)  In this paragraph "value", in relation to any electricity taken in such circumstances as are mentioned in sub-paragraph (1) or (2), means the amount which, if the electricity had been taken in such circumstances as are mentioned in sub-paragraph (2) of paragraph 2A, could reasonably be expected to have been payable in respect of the electricity under a contract deemed to have been made by virtue of that sub-paragraph.")
 
  
Schedule 5
 
  
BY THE LORD McINTOSH OF HARINGEY
 
     Page 120, line 19, after (""provided"") insert--
    ("(bb)  after sub-paragraph (2) there is inserted--
        (2A)  Section 23 of this Act shall apply in relation to any dispute arising under this paragraph between an electricity supplier and a customer.";")
 
  
Clause 62
 
  
BY THE LORD McINTOSH OF HARINGEY
 
     Page 63, line 46, after ("32(6)") insert ("or in the definition of "renewable sources" in section 32(8)") 
     Page 64, line 12, at end insert--
        ("(  ) An order may, in relation to any specified period ("the current period")--
      (a)  provide that evidence of electricity supplied in a later period may, when available, be counted towards discharging the renewables obligation for the current period;
      (b)  provide that evidence of electricity supplied in the current period may, in a later period, be counted towards discharging the renewables obligation for that period;
      (c)  specify how much later the later period referred to in paragraph (a) or (b) may be;
      (d)  specify a maximum proportion of the renewables obligation for any period which may be discharged as mentioned in paragraph (a) or (b);
      (e)  specify a maximum proportion of electricity supplied in any period evidence of which may be counted towards discharging the renewables obligation for a different period.")
 
  
Clause 63
 
  
BY THE LORD McINTOSH OF HARINGEY
 
     Page 64, line 35, at end insert ("or to an electricity supplier") 
     Page 64, line 37, after ("station") insert ("or, in the case of a certificate issued to an electricity supplier, a generating station specified in the certificate") 
 
continue to next page
 
House of Lords home page Parliament home page House of Commons home page search page enquiries index

© Parliamentary copyright 2000
Prepared 6 June 2000