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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 21
 
  
BY THE LORD JENKIN OF RODING
 
     Page 16, line 5, leave out ("that individual or body") and insert ("the individual or body other than a body being a utility company") 
  
Clause 22
 
  
BY THE LORD JENKIN OF RODING
 
     Page 17, leave out lines 10 to 23 and insert--
 
    ("(6)  Where it appears to the Council to be appropriate to do so with a view to reaching a satisfactory resolution of a complaint referred to it under this section, the Council shall--
    (a)  make representations on behalf of the complainant to the relevant supplier about anything to which the complaint relates; and
    (b)  where, in the Council's opinion, taking into account the representations made in paragraph (a) above, the relevant supplier has failed to take reasonable steps to reach a resolution which in the Council's opinion, is satisfactory, the Council may direct the supplier to pay to the complainant an amount, not exceeding £5000, in respect of any failure, loss, damage or inconvenience arising from that complaint. Any award made under this subsection will be without prejudice to any statutory entitlement or any action, including the payment of additional compensation, that the supplier may decide to take.
    (7)  If a relevant supplier on which an award of compensation under subsection (6)(b) has been imposed is aggrieved by--
    (a)  the imposition of the award, or
    (b)  the amount of the award,
the supplier may appeal to the Authority under this section.
 
    (7A) On any appeal under subsection (7) the Authority shall--
    (a)  consider the Council's reasons for directing the award of compensation;
    (b)  consider any representations made by the supplier about the award; and
    (c)  determine whether the Council has acted reasonably in reaching its decision to direct the award of compensation under subsection (6)(b).
    (7B)  If the Authority determines under subsection (7A)(c) above that the Council has acted reasonably in directing the award of compensation it may nevertheless substitute an award of such lesser or greater amount not exceeding £5000 as it considers appropriate having regard to all the circumstances of the case.")
 
     Page 18, line 41, leave out from beginning to end of line 3 on page 19 and insert--
 
    (6)  Where it appears to the Council to be appropriate to do so with a view to reaching a satisfactory resolution of a complaint referred to it under this section, the Council shall--
    (a)  make representations on behalf of the complainant to the relevant supplier about anything to which the complaint relates; and
    (b)  where, in the Council's opinion, taking into account the representations made in paragraph (a) above, the relevant supplier has failed to take reasonable steps to reach a resolution which in the Council's opinion, is satisfactory, the Council may direct the supplier to pay to the complainant an amount, not exceeding £5000, in respect of any failure, loss, damage or inconvenience arising from that complaint. Any award made under this subsection will be without prejudice to any statutory entitlement or any action, including the payment of additional compensation, that the supplier may decide to take.
    (7)  If a relevant supplier on which an award of compensation under subsection (6)(b) has been imposed is aggrieved by--
    (a)  the imposition of the award; or
    (b)  the amount of the award,
the supplier may appeal to the Authority under this section.
 
    (7A)  On any appeal under subsection (7) the Authority shall--
    (a)  consider the Council's reasons for directing the award of compensation;
    (b)  consider any representations made by the supplier about the award and
    (c)  determine whether the Council has acted reasonably in reaching its decision to direct the award of compensation under subsection (6)(b).
    (7B)  If the Authority determines under subsection (7A)(c) above that the Council has acted reasonably in directing the award of compensation it may nevertheless substitute an award of such lesser or greater amount not exceeding £5000 as it considers appropriate having regard to all the circumstances of the case.")
 
  
After Clause 23
 
  
BY THE LORD JENKIN OF RODING
 
     Insert the following new Clause-- 
     (".--(1)  The Council shall have the function of assessing the extent to which the relevant supplier has followed good practice in--
    (a)  processing any contacts with, and complaints from, consumers;
    (b)  the recovery of debt from consumers;
    (c)  the delivery of other customer services.
    (2)  For the purposes set out in subsection (1) the Council may inspect at the premises of any relevant supplier, any data, information or records held by that supplier and obtain from anyone employed by, or acting on behalf of the supplier, such further information or explanation as it may reasonably require for those purposes.
 
    (3)  The Council may report to the Authority on the assessments made.
 
    (4)  In this section "good practice" means such practice as appears to the Council to be desirable having regard to the interests of consumers and includes (but is not limited to) compliance with the requirements of this Act.")
Duty to assess good practice.
  
Clause 58
 
  
BY THE LORD BORRIE
THE LORD CURRIE OF MARYLEBONE
 
     Page 56, line 39, at end insert--
        ("(6A)  No penalty imposed by the Authority under this section may exceed 10% of the aggregate turnover of the licence holder and any affiliate or related undertaking of the licence holder (determined in accordance with such provisions as may be specified in an order made by the Secretary of State).
        (6B)  In this section--
      affiliate" means any holding company (which has the meaning set out in sections 736, 736A and 736B of the Companies Act 1985) of the licence holder, any subsidiary (which has the meaning set out in sections 736, 736A and 736B of the Companies Act 1985) of the licence holder or any subsidiary of a holding company of the licence holder; and
      related undertaking" means any undertaking (which has the meaning set out in section 259 of the Companies Act 1985) in which the licence holder has a participating interest (which has the meaning set out in section 260 of the Companies Act 1985).")
 
  
Clause 94
 
  
BY THE LORD BORRIE
THE LORD CURRIE OF MARYLEBONE
 
     Page 96, line 3, at end insert--
 
    ("(6A)  No penalty imposed by the Authority under this section may exceed 10% of the aggregate turnover of the licence holder and any affiliate or related undertaking of the licence holder (determined in accordance with such provisions as may be specified in an order made by the Secretary of State).
 
    (6B)  In this section--
    affiliate" means any holding company (which has the meaning set out in sections 736, 736A and 736B of the Companies Act 1985) of the licence holder, any subsidiary (which has the meaning set out in sections 736, 736A and 736B of the Companies Act 1985) of the licence holder or any subsidiary of a holding company of the licence holder; and
    related undertaking" means any undertaking (which has the meaning set out in section 259 of the Companies Act 1985) in which the licence holder has a participating interest (which has the meaning set out in section 260 of the Companies Act 1985).")
 
  
Clause 61
 
  
BY THE LORD JENKIN OF RODING
 
     Page 62, line 19, at end insert--
 
    ("(  )  Any such order shall specify a minimum contract term of not less than 15 years for the delivery of the specified amount of electricity from renewable sources by the designated electricity supplier, and that the terms of any contract made between the electricity supplier and the provider of the renewable resources pursuant to such an order shall be in a form approved by the Secretary of State and shall provide that--
    (a)  it shall run for not less than 15 years from the start of generation;
    (b)  the price paid by the supplier to such supplier shall be subject to an annual price adjustment to reflect the effects of inflation; and
    (c)  the contract must be in a form capable of being used as security for a loan or loans to such provider.")
 
  
Clause 64
 
  
BY THE LORD JENKIN OF RODING
 
     Page 65, line 6, at end insert--
 
    ("(2)  The Secretary of State shall have regard both to the costs of production of differing sources of renewable electricity and to the implications of fulfilment of the renewables target when setting the differing sums which are to be regarded as discharging the renewables obligation under this section.")
 
  
After Clause 67
 
  
BY THE LORD BORRIE
THE LORD CURRIE OF MARYLEBONE
 
     Insert the following new Clause-- 
     ("  .--(1)  In this section "last resort supplier" means a supplier required by or under that supplier's licence to supply electricity where circumstances have arisen which would entitle the Director to revoke or suspend the licence of another supplier otherwise than with the agreement of that other supplier.
 
    (2)  The Secretary of State may by regulations make modifications of any enactment (including an enactment contained in this Act) for the purpose of implementing, or facilitating the operation of, arrangements relating to last resort suppliers.
 
    (3)  The power of the Secretary of State to make regulations under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
 
    (4)  The power of the Secretary of State under subsection (2) may not be exercised after the end of the period of one year beginning with the commencement of that subsection.
 
    (5)  After section 15A of the 1989 Act there is inserted--
Arrangements for suppliers of last resort.
Licence modifications relating to arrangements for suppliers last resort.     15B.--(1)  In this section "last resort supplier" means a supplier required by or under that supplier's licence to supply electricity where circumstances have arisen which would entitle the Director to revoke or suspend the licence of another supplier otherwise than with the agreement of that other supplier.
 
    (2)  The Secretary of State may, in accordance with this section, modify the conditions of a particular licence granted under section 6(1)(c) and 6(2) where he considers it necessary or expedient to do so for the purpose of implementing, or facilitating the operation of, arrangements relating to last resort suppliers.
 
    (3)  The power to modify licence conditions under subsection (2) includes power to make incidental or consequential, or transitional, modifications.
 
    (4)  Before making modifications under this section the Secretary of State shall consult the holder of any licence being modified and such other persons as he considers appropriate.
 
    (5)  Any consultation undertaken by the Secretary of State before the commencement of this section shall be as effective, for the purposes of subsection (4), as if undertaken after that commencement.
 
    (6)  The Secretary of State shall publish any modifications under this section in such manner as he considers appropriate.
 
    (7)  The power of the Secretary of State under this section may not be exercised after the end of the period of one year beginning with the commencement of this section."")
 
  
 
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