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

back to previous amendments
 
  
Clause 58
 
  
BY THE LORD McINTOSH OF HARINGEY
 
     Page 56, line 45, leave out ("that subsection") and insert ("section 58 of the Utilities Act 2000") 
     Page 57, line 18, leave out from ("failure") to end of line 21 and insert ("later than the end of the period of 12 months from the time of the contravention or failure, unless before the end of that period-
    (a)  the notice under section 27A(2) relating to the penalty is served on the licence holder under section 27A(6), or
    (b)  a notice relating to the contravention or failure is served on the licence holder under section 28(2).")
 
     Page 59, line 20, at end insert--
 
    ("(  )  In section 28(1) of the 1989 Act (power to require information, etc.), for the words from "the Director" in the first place they appear, to "42B below" there is substituted "the Authority that a licence holder--
    (a)  may be contravening, or may have contravened, any relevant condition or requirement; or
    (b)  may be failing, or may have failed, to achieve any standard of performance prescribed under section 39 or 39A,
the Authority may, for any purpose connected with such of its functions under section 25 or 27A to 27F".")
 
  
Clause 59
 
  
BY THE LORD McINTOSH OF HARINGEY
 
     Page 59, line 28, leave out ("and (4)") and insert ("(4) and (6)") 
  
Clause 66
 
  
BY THE LORD McINTOSH OF HARINGEY
 
     Page 66, line 19, at end insert--
    ("but while subsections (3) and (4) of section 32 of the 1989 Act remain in force an order may not provide for anything which would be an offence under section 32(3) to be treated as a relevant requirement")
 
     Page 66, line 25, leave out ("as saved by an order under this section") and insert ("made before the coming into force of section 61 of this Act") 
  
Clause 67
 
  
BY THE LORD McINTOSH OF HARINGEY
 
     Page 66, line 35, leave out ("1989 Act") and insert ("Electricity Act 1989") 
     Page 67, line 25, leave out ("commencement of this section") and insert ("passing of the Utilities Act 2000."
 
    (2)  This section shall come into force on the passing of this Act.")
 
  
Clause 69
 
  
BY THE LORD McINTOSH OF HARINGEY
 
     Page 69, line 20, leave out ("specified in or determined") and insert ("to be determined by the Authority") 
     Page 69, line 28, leave out from beginning to ("must") in line 29 and insert--
 
    ("(3)  Where the Secretary of State specifies in an order under this section an overall energy efficiency target in relation to electricity distributors and electricity suppliers on whom obligations are imposed under the order, the Authority shall determine energy efficiency targets under the order in the manner it considers best calculated to result in the achievement of the overall energy efficiency target so specified.
 
    (3A)  The energy efficiency targets determined by the Authority for the purposes of an order under this section")
 
  
Clause 73
 
  
BY THE LORD McINTOSH OF HARINGEY
 
     Page 73, line 9, at end insert--
 
    ("(  )  After subsection (2) there is inserted--
 
    (2A)  Where the Authority proposes to refuse the application, it shall give to the applicant a notice--
    (a)  stating that it proposes to refuse the application;
    (b)  stating the reasons why it proposes to refuse the application; and
    (c)  specifying the time within which representations with respect to the proposes refusal may be made,
and shall consider any representations which are duly made and not withdrawn."")
 
     Page 73, line 11, leave out from ("for") to second ("and") in line 12 and insert (""section 4 or 4A above" there is substituted "sections 4AA, 4AB and 4A"") 
     Page 73, line 28, after ("described") insert ("in the licence") 
     Page 73, line 29, at end insert--
 
    ("(  ) After subsection (10) there is inserted--
 
    (11)  In this section "prescribed" means prescribed in regulations made by the Authority.".")
 
  
Clause 80
 
  
BY THE LORD McINTOSH OF HARINGEY
 
     Page 77, line 1, after ("shall") insert (", subject to such modifications of the conditions made under Part I of the 1986 Act after the determination under this subsection,") 
     Page 77, line 6, after ("licences)") insert ("--
    (a)  the words "and sections 23(2), 26(1A) and 27(2) below" shall be omitted; and
    (b)")  
 
  
Clause 81
 
  
BY THE LORD McINTOSH OF HARINGEY
 
     Page 77, line 13, at end insert ("; and
    (b)  after "the holder of the licence" there is inserted "being modified".")
 
     Page 77, line 45, leave out ("or") and insert ("and") 
     Page 78, line 2, at end insert ("or") 
  
Clause 82
 
  
BY THE LORD McINTOSH OF HARINGEY
 
     Page 78, line 46, at end insert--
 
    ("(  )  After subsection (5) of that section there is inserted--
 
    (6)  The modification under subsection (1) of part of a standard condition of a particular licence in consequence of a reference under section 24(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."")
 
     Page 79, line 20, after ("be") insert ("the modifications which are") 
     Page 79, line 29, after ("modifications") insert ("of the relevant conditions") 
     Page 80, line 15, at end insert ("or, as the case may be, the relevant licence holders.") 
     Page 80, line 19, at end insert--
 
    ("(8A)  Where, in consequence of a reference under section 24(1A), the Commission modifies under subsection (4)(b) the standard conditions of licences of any type (that is to say, licences under section 7 or section 7A(1) or 7A(2)) 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 24(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."")
 
     Page 80, line 46, at end insert--
 
    ("(  )  In section 27 of that Act (modification of licences by order under enactments other than the 1986 Act), after subsection (1) there is inserted--
 
    (1A)  The modification under subsection (1)(a) of part of a standard condition of a particular licence in consequence of a reference under section 24(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 85
 
  
BY THE LORD McINTOSH OF HARINGEY
 
     Page 83, line 4, at beginning insert--
 
    ("(  )  In subsection (1) of section 6A of the 1986 Act (exemptions from prohibition) the words ", after consultation with the Director," shall be omitted.
 
    (  )  After subsection (1) of that section there is inserted--
 
    (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 86
 
  
BY THE LORD McINTOSH OF HARINGEY
 
     Page 84, leave out line 23 
     Page 85, line 1, leave out from beginning to ("resulting") in line 8 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")
 
  
Clause 94
 
  
BY THE LORD McINTOSH OF HARINGEY
 
     Page 96, line 9, leave out ("that subsection") and insert ("section 94 of the Utilities Act 2000") 
     Page 96, line 30, leave out from ("failure") to end of line 33 and insert ("later than the end of the period of 12 months from the time of the contravention or failure, unless before the end of that period--
    (a)  the notice under section 30A(2) relating to the penalty is served on the licence holder under section 30A(6), or
    (b)  a notice relating to the contravention or failure is served on the licence holder under section 38(1).")
 
     Page 99, line 2, at end insert--
 
    ("(  )  In section 38(1) of the 1986 Act (power to require information, etc.)--
    (a)  for "Director" in each place where it appears, there is substituted "Authority";
    (b)  after "requirement" there is inserted "or may be failing, or may have failed, to achieve any standard of performance prescribed under section 33A or 33AA,";
    (c)  for the words from "his functions" to "signed by him" there is substituted "its functions under section 28 or 30A to 30F in relation to that matter, by notice in writing";
    (d)  for "him" there is substituted "it".")
 
  
Clause 95
 
  
BY THE LORD McINTOSH OF HARINGEY
 
     Page 99, line 6, leave out ("and (4)") and insert ("(4) and (6)") 
  
Clause 98
 
  
BY THE LORD McINTOSH OF HARINGEY
 
     Page 103, line 21, leave out ("specified in or determined") and insert ("to be determined by the Authority") 
     Page 103, line 29, leave out from beginning to ("must") in line 30 and insert--
 
    ("(3)  Where the Secretary of State specifies in an order under this section an overall energy efficiency target in relation to gas transporters and gas suppliers on whom obligations are imposed under the order, the Authority shall determine energy efficiency targets under the order in the manner it considers best calculated to result in the achievement of the overall energy efficiency target so specified.
 
    (3A)  The energy efficiency targets determined by the Authority for the purposes of an order under this section")
 
  
Clause 107
 
  
BY THE LORD McINTOSH OF HARINGEY
 
     Page 109, line 21, after ("section") insert ("and section 67") 
     Page 109, line 23, at end insert--
 
    ("(2A)  An order under subsection (2) may contain transitional provisions and savings relating to the provisions being brought into force by the order.")
 
  
Schedule 2
 
  
BY THE LORD McINTOSH OF HARINGEY
 
     Page 112, line 32, leave out ("Secretary of State") and insert ("Minister for the Civil Service") 
     Page 113, line 9, at end insert (";
 
and paragraph (b) applies whether the opinion is given in relation to the information itself or to information of a description which applies to that information.")
 
     Page 113, line 25, leave out ("who shall lay a copy of the statement") and insert ("and to the Comptroller and Auditor General within such period after the end of the financial year to which it relates as the Secretary of State may specify by notice given to the Council.
 
    (  )  The Comptroller and Auditor General shall--
    (a)  examine, certify and report on each statement of accounts received by him under sub-paragraph (3), and
    (b)  lay a copy of each such statement of accounts, and of his report on it,")
 
 
back to previous page 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 7 June 2000