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Session 1999-2000
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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 3
 
  
BY THE LORD McINTOSH OF HARINGEY
 
     Page 2, line 3, leave out from ("Directors")") to ("are") in line 4 
     Page 2, line 23, at end insert--
 
    ("(  )  Subsection (6) has effect in relation to property, rights or liabilities to which it applies in spite of any provision (of whatever nature) which would prevent or restrict the transfer of the property, rights or liabilities otherwise than by that subsection.")
 
  
Clause 4
 
  
BY THE LORD McINTOSH OF HARINGEY
 
     Page 3, line 2, at end insert--
 
    ("(  )  The Authority must send a copy of any notice given by it under subsection (4) to the Council.")
 
  
Clause 6
 
  
BY THE LORD McINTOSH OF HARINGEY
 
     Page 4, line 17, leave out from ("matter") to the end of line 20 and insert ("which relates to the affairs of a particular individual or body of persons (corporate or unincorporate), where publication of that matter would or might, in the opinion of the Authority, seriously and prejudicially affect the interests of that individual or body.") 
     Page 4, line 24, at end insert--
 
    ("(  )  In this section "consumers" includes both existing and future consumers.")
 
     Page 4, line 33, leave out from ("matter") to the end of line 35 and insert ("which relates to the affairs of a particular individual or body of persons (corporate or unincorporate), where publication of that matter would or might, in the opinion of the Authority, seriously and prejudicially affect the interests of that individual or body.") 
     Page 4, line 38, at end insert--
 
    ("(  )  After subsection (3) of that section there is inserted--
 
    (4)  In this section "consumers" includes both existing and future consumers.".")
 
  
Clause 8
 
  
BY THE LORD McINTOSH OF HARINGEY
 
     Page 5, line 21, leave out ("or") and insert ("and") 
     Page 5, line 36, leave out from ("may") to ("of") in line 39 and insert ("give directions to the Authority for the purpose of securing that sums relating to any of the expenses mentioned in subsection (3) are included in the sums payable by virtue") 
  
Clause 9
 
  
BY THE LORD McINTOSH OF HARINGEY
 
     Page 6, line 24, at end insert ("or the Utilities Act 2000") 
     Page 7, line 16, at end insert--
 
    ("(  )  In this section and sections 4AB and 4A, references to functions of the Secretary of State or the Authority under this Part include a reference to functions under the Utilities Act 2000 which relate to gas conveyed through pipes.")
 
  
Clause 13
 
  
BY THE LORD McINTOSH OF HARINGEY
 
     Page 9, line 30, at end insert ("or the Utilities Act 2000") 
     Page 10, line 25, at end insert--
 
    ("(  )  In this section and sections 3B and 3C, references to functions of the Secretary of State or the Authority under this Part include a reference to functions under the Utilities Act 2000 which relate to electricity conveyed by distribution systems.")
 
  
Clause 18
 
  
BY THE LORD EZRA
 
     Page 13, line 16, at end insert--
 
    ("(  )  In establishing Committees under subsections (2)(a) and (2)(b), the Council shall have regard to the need to take account of local diversity.")
 
  
Clause 20
 
  
BY THE LORD McINTOSH OF HARINGEY
 
     Page 15, line 5, leave out ("energy efficiency targets") and insert ("energy efficiency obligations imposed by order") 
     Page 15, line 24, leave out ("energy efficiency targets") and insert ("energy efficiency obligations imposed by order") 
  
Clause 22
 
  
BY THE LORD McINTOSH OF HARINGEY
 
     Page 16, line 17, leave out from ("section") to ("to") and insert ("32 of the 1986 Act (duty of Council") 
     Page 16, line 19, leave out ("31") and insert ("32") 
     Page 17, line 24, leave out from beginning to ("without") in line 27 and insert ("No report under subsection (7) or information about a complaint referred to the Council under this section from which the complainant may be identified, shall be published or disclosed by the Council or the Authority in the exercise of any power under the Utilities Act 2000 or this Act,") 
     Page 19, line 4, leave out from beginning to ("without") in line 7 and insert ("No report under subsection (7), or information about a complaint referred to the Council under this section from which the complainant may be identified, shall be published or disclosed by the Council or the Authority in the exercise of any power under the Utilities Act 2000 or this Act,") 
     Page 19, line 25, leave out ("32") and insert ("31") 
  
Clause 23
 
  
BY THE LORD McINTOSH OF HARINGEY
 
     Page 19, line 37, leave out second ("gas") and insert ("authorised") 
     Page 19, line 40, leave out ("gas") and insert ("authorised") 
     Page 20, line 9, leave out from ("unincorporate)") to end of line 14 and insert--
    ("(a)  shall not be included in a report which is to be sent to any person under subsection (5)(a), unless one or more of paragraphs (a) to (c) of subsection (7) applies; and
    (b)  shall be excluded from any such report which is to be published under subsection (5)(b), unless one or more or paragraphs (a) to (c) of subsection (7A) applies.
    (7)  Information relating to a particular individual or body may be included in a report to be sent under subsection (5)(a) if--")
 
     Page 20, line 19, leave out ("publication") and insert ("disclosure") 
     Page 20, line 22, at end insert--
 
    (7A)  Information relating to a particular individual or body may be included in a report to be published under subsection (5)(b) if--
    (a)  that individual or body has consented to the publication;
    (b)  it is information that is available to the public from some other source; or
    (c)  it is not information the publication of which would or might, in the opinion of the Council, seriously and prejudicially affect the interests of that individual or body.")
 
     Page 20, line 25, after ("(7)(c)") insert ("or (7A)(c)") 
     Page 20, line 28, at end insert ("or (7A)(c)") 
     Page 20, line 33, at end insert--
 
    ("(  )  In this section "authorised" has the same meaning as in section 31."")
 
     Page 21, line 5, leave out from ("unincorporate)") to end of line 10 and insert--
    ("(a)  shall not be included in a report which is to be sent to any person under subsection (3)(a), unless one or more of paragraphs (a) to (c) of subsection (5) applies; and
    (b)  shall be excluded from any such report which is to be published under subsection (3)(b), unless one or more or paragraphs (a) to (c) of subsection (5A) applies.
    (7)  Information relating to a particular individual or body may be included in a report to be sent under subsection (3)(a) if--")
 
     Page 21, line 15, leave out ("publication") and insert ("disclosure") 
     Page 21, line 18, at end insert--
 
    (5A)  Information relating to a particular individual or body may be included in a report to be published under subsection (3)(b) if--
    (a)  that individual or body has consented to the publication;
    (b)  it is information that is available to the public from some other source; or
    (c)  it is not information the publication of which would or might, in the opinion of the Council, seriously and prejudicially affect the interests of that individual or body.")
 
     Page 21, line 21, after ("(5)(c)") insert ("or (5A)(c)") 
     Page 21, line 24, at end insert ("or (5A)(c)") 
  
Clause 28
 
  
BY THE LORD McINTOSH OF HARINGEY
 
     Page 24, line 3, leave out (", after consultation with the Authority,") 
     Page 24, line 10, at end insert--
 
    ("(1A)  Before making an order under subsection (1) the Secretary of State shall give notice--
    (a)  stating that he proposes to make such an order and setting out the terms of the proposed order;
    (b)  stating the reasons why he proposes to make the order in the terms proposed; and
    (c)  specifying the time (not being less than 28 days from the date of publication of the notice) within which representations with respect to the proposals may be made,
and shall consider any representations which are duly made in respect of the proposals and not withdrawn.
 
    (1B)  The notice required by subsection (1A) shall be given--
    (a)  by serving a copy of it on the Authority and the Council; and
    (b)  by publishing it in such manner as the Secretary of State considers appropriate for bringing it to the attention of those likely to be affected by the proposed order.")
 
  
Clause 32
 
  
BY THE LORD McINTOSH OF HARINGEY
 
     Page 29, line 30, after ("shall") insert (", subject to such modifications of the conditions made under Part I of the 1989 Act after the determination under this subsection,") 
     Page 30, line 47, after ("licence") insert ("being modified") 
  
Clause 34
 
  
BY THE LORD McINTOSH OF HARINGEY
 
     Page 33, line 29, leave out ("standard conditions") and insert ("anything done") 
  
Clause 35
 
  
BY THE LORD McINTOSH OF HARINGEY
 
     Page 34, line 26, leave out ("and 14") and insert (", 14 and 14A") 
  
Clause 38
 
  
BY THE LORD McINTOSH OF HARINGEY
 
     Page 36, line 34, after ("be") insert ("the modifications which are") 
     Page 36, line 43, after ("modifications") insert ("of the relevant conditions") 
     Page 37, line 30, at end insert ("or, as the case may be, the relevant licence holders") 
     Page 37, line 34, at end insert--
 
    ("(8A)  Where, in consequence of a reference under section 12(1A), the Commission modifies under subsection (4)(b) the standard conditions of licences of any type, the Authority may make such incidental and consequential modifications as it considers necessary or expedient of any conditions of licences of that type granted before that time.
 
    (8B)  Where the Commission modifies the standard conditions of licences of any type as mentioned in subsection (8A) the Authority--
    (a)  shall make (as nearly as may be) the same modifications of those conditions for the purposes of their incorporation in licences of that type granted after that time; and
    (b)  shall publish the modifications made for those purposes in such manner as it considers appropriate.
    (8C)  The modification under this section of part of a standard condition of a particular licence in consequence of a reference under section 12(1) shall not prevent any other part of the condition from continuing to be regarded as a standard condition for the purposes of this Part."")
 
  
Clause 41
 
  
BY THE LORD McINTOSH OF HARINGEY
 
     Page 40, leave out line 31 
     Page 41, line 11, leave out from beginning to ("resulting") in line 18 and insert--
 
    ("(4)  In preparing a notice under subsection (2) the Authority or the Secretary of State shall have regard to the need for excluding, so far as that is practicable, any matter which relates to the affairs of a particular individual or body of persons (corporate or unincorporate), where it or he considers that publication of that matter would or might seriously and prejudicially affect the interests of that individual or body.
 
    (5)  This section does not apply to a decision")
 
 
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