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

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Schedule 3
 
  
BY THE LORD McINTOSH OF HARINGEY
 
     Page 114, line 44, leave out ("or the Council") 
     Page 115, line 35, leave out ("instruments, contracts and legal proceedings") and insert ("any document") 
     Page 115, line 45, leave out ("IX") and insert ("XI") 
  
Schedule 6
 
  
BY THE LORD McINTOSH OF HARINGEY
 
     Page 120, line 32, at end insert ("and for "public gas transporters" in each place where it appears, there is substituted "gas transporters"") 
     Page 121, line 9, after ("In") insert ("section 19(6)(a), paragraph 5(2) of Schedule 2B and") 
     Page 121, line 27, at end insert--
 
    ("  . In section 24(8) (interpretation of sections 24 to 26 of the 1986 Act) for "and 26 below" there is substituted ", 26 and 26A".")
 
     Page 121, line 44, at end insert ("as in the Authority's opinion ought to be achieved in individual cases") 
     Page 122, leave out lines 9 and 10 and insert--
 
    (". In section 38 (power to require information etc.)--
    (a)  in subsection (1A) for "4 or 4A above" there is substituted "4AA, 4AB or 4A"; and
    (b)  in subsection (3) after "document" insert "or record".")
 
     Page 122, line 12, at end insert--
 
    ("  . In section 46(3), for "his authorised area" there is substituted "any authorised area of his")
 
     Page 122, line 25, after ("inserted") insert (""23,") 
     Page 122, leave out lines 38 to 40 and insert--
 
    (".--(1) Section 23 (determination of disputes) is amended as follows.
 
    (2)  For subsections (1) to (2) there is substituted--
        (1)  This section applies (in addition to any disputes to which it applies by virtue of any other provision of this Act) to any dispute arising under sections 16 to 21 between an electricity distributor and a person requiring a connection.
        (1A)  A dispute to which this section applies--
      (a)  may be referred to the Authority by either party, or with the agreement of either party, by the Council; and
      (b)  on such a reference, shall be determined by order made either by the Authority or, if the Authority thinks fit, by an arbitrator (or in Scotland an arbiter) appointed by the Authority.
        (1B)  The practice and procedure to be followed in connection with any such determination shall be such as the Authority may consider appropriate.
        (1C)  No dispute arising under sections 16 to 21 which relates to the making of a connection between any premises and a distribution system may be referred to the Authority after the end of the period of 12 months beginning with the time when the connection is made.
        (2)  Where a dispute arising under sections 16 to 21 between an electricity distributor and a person requiring a connection falls to be determined under this section, the Authority may give directions as to the circumstances in which, and the terms on which, the distributor is to make or (as the case may be) to maintain a connection pending the determination of the dispute."
    (3)  After subsection (4) there is inserted--
        (4A)  A person making an order under this section shall include in the order his reasons for reaching his decision with respect to the dispute.")
    (4)  After subsection (6) there is inserted--
        (7)  Section 16(4)(a) does not apply to the references in this section to making a connection.")
 
     Page 123, line 3, at end insert--
 
    ("  .--(1) Section 28 (power to require information etc.) is amended as follows.
 
    (2)  After subsection (2) there is inserted--
 
    (2A)  Where a licence has been or is to be revoked or suspended, or has expired or is about to expire by effluxion of time, and it appears to the Authority, having regard to the duties imposed by section 3A, 3B or 3C, to be requisite or expedient to do so for any purpose connected with the revocation, suspension or expiry, the Authority may, with the consent of the Secretary of State, by notice in writing--
    (a)  require the licence holder to produce, at a time and place specified in the notice, to the Authority, or to any person so specified, any records which are specified or described in the notice and are in the licence holder's custody or under his control; or
    (b)  require the licence holder to furnish to the Authority, or to any person specified in the notice, such information as may be specified or described in the notice, and specify the time, the manner and the form in which any such information is to be furnished.".
    (3)  In subsection (3), after "documents" there is inserted "or records".
 
    (4)  In subsection (4), after "subsection (2)" there is inserted "or (2A)".
 
    (5)  In subsection (5)--
    (a)  after "document" there is inserted "or record";
    (b)  after "subsection (2)" there is inserted "or (2A)".
    (6)  In subsection (6), after "subsection (2)" there is inserted "or (2A)".")
 
     Page 123, line 8, leave out ("paragraphs (a) and (c)") and insert ("paragraph (a)") 
     Page 123, line 10, at end insert--
    ("(  )  in paragraph (c) for "supply" there is substituted "distribute"")
 
     Page 123, line 33, at end insert ("as in the Authority's opinion ought to be achieved in individual cases") 
     Page 123, line 38, at end insert (";
    (  )  in subsection (2)(a) and (c) for "public electricity suppliers" there is substituted "electricity suppliers";
    (  )  in subsections (3) and (4) for "a public electricity supplier" there is substituted "an electricity supplier".")
 
     Page 123, line 44, at end insert--
    ("(  )  in subsection (2) for "public electricity suppliers" there is substituted "electricity suppliers";
    (  )  in subsection (3) for "public electricity supplier" there is substituted "electricity supplier".")
 
     Page 123, line 44, at end insert--
 
    ("  . In section 42 (information with respect to levels of performance)--
    (a)  in subsection (1) for "public electricity suppliers" there is substituted "electricity suppliers";
    (b)  in subsection (2) for "public electricity supplier" there is substituted "electricity supplier";
    (c)  in subsection (3) for "a public electricity supplier" there is substituted "an electricity supplier".")
 
     Page 124, leave out line 2 
     Page 124, line 9, at end insert--
 
    ("(  ) In the definition of "electrical plant" after "transmission" there is inserted "distribution".")
 
     Page 124, line 22, at end insert--
 
    ("(  ) The definition of "private electricity supplier", the definition of "public electricity supplier" and the definition of "tariff customer" shall be omitted.")
 
 
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