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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 Marshalled List of Amendments to the Utilities Bill to be moved in Committee in the House of Lords.

     The amendments have been marshalled in accordance with the instruction of 8th June 2000, as follows-- 
 Clause 1
Schedule 1
Clause 2
Schedule 2
Clauses 4 to 9
Clause 13
Clause 10
Clause 14
Clause 11
Clause 15
Clause 12
Clause 16
Clauses 17 to 28
Clause 74
Clause 85
Clauses 29 to 31
Clause 73
Clauses 32 to 39
Clauses 80 to 82
Clause 40
Clause 84
Clause 41
Clause 86
Clause 42
Clause 87
Clauses 43 to 50
Schedule 4
Clause 83
Clause 51
Schedule 5
Clause 52
Clause 88
Clause 53
Clause 89
Clause 54
Clause 90
Clause 55
Clause 91
Clause 56
Clause 92
Clause 57
Clause 93
Clause 58
Clause 94
Clause 59
Clause 95
Clause 60
Clause 96
Clauses 61 to 68
Clause 97
Clause 69
Clause 98
Clauses 70 to 72
Clause 101
Clauses 75 to 79
Clauses 99 and 100
Clause 102
Clause 3
Schedule 3
Clauses 103 to 105
Schedules 6 to 8
Clauses 106 and 107
 
 [Amendments marked * are new or have been altered] 
Amendment
No.
 
  
Schedule 1
 
  
BY THE LORD KINGSLAND
THE BARONESS BUSCOMBE
 
1     Page 110, line 5, after ("two") insert ("and no more than five") 
2     Page 110, line 6, at end insert ("after consultation with the Trade and Industry Committee of the House of Commons") 
3     Page 110, line 7, after ("chairman") insert ("and the Trade and Industry Committee of the House of Commons") 
4     Page 110, line 8, at end insert--
 
    ("(3)  Appointments to the Authority shall be made in accordance with criteria which shall be published by the Secretary of State prior to the coming into force of this paragraph.
 
    (4)  Such criteria referred to in sub-paragraph (3) above shall include the requirement for at least one person with relevant experience of the gas and electricity industries.")
 
5*     Page 110, line 8, at end insert--
 
    ("(  )  The appointment of any person as the chairman or a member of the Authority shall be subject to confirmation by the Trade and Industry Select Committee of the House of Commons.")
 
6     Page 110, line 37, after ("Service") insert ("and the Treasury") 
  
Schedule 2
 
  
BY THE LORD KINGSLAND
THE BARONESS BUSCOMBE
 
7*     Page 111, line 43, at end insert--
 
    ("(  )  The appointment of any person as the chairman of the council shall be subject to confirmation by the Trade and Industry Select Committee of the House of Commons.")
 
  
BY THE LORD McINTOSH OF HARINGEY
 
8     Page 112, line 32, leave out ("Secretary of State") and insert ("Minister for the Civil Service") 
  
BY THE LORD EZRA
 
9     Page 113, line 7, leave out paragraph (b) and insert--
    ("(b)  have regard to any opinion expressed by the information publication arbiter as to the application of sub-paragraph (4)(c) to the information; and
    (c)  consider whether publication of the information in question is in the interests of consumers;
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.
 
    (5A)  In carrying out its functions the Council has a general duty to publish information when it is in the consumer interest to do so.
 
    (5B)  Before publishing such information the Council must consider whether the consumer interest is outweighed by any consideration of confidentiality attached to it.")
 
  
BY THE LORD McINTOSH OF HARINGEY
 
10     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.")
 
11     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,")
 
  
Clause 4
 
  
BY THE LORD JENKIN OF RODING
 
12     Page 2, line 32, at end insert ("and an initial assessment of the costs, benefits and impacts for businesses throughout the energy supply chain of carrying out and implementing each project") 
  
BY THE LORD McINTOSH OF HARINGEY
 
13     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.")
 
  
BY THE LORD KINGSLAND
THE BARONESS BUSCOMBE
 
14*     Page 3, line 4, at end insert--
 
    ("(  )  Any notice issued by the Council or the Authority under this section must be sent to the Trade and Industry Select Committee of the House of Commons and to the Secretary of State.")
 
  
Clause 5
 
  
BY THE LORD JENKIN OF RODING
 
15     Page 3, line 21, at end insert (", including where necessary a further assessment of the costs, benefit and impacts for businesses throughout the energy supply chain of carrying out and implementing each project") 
  
BY THE LORD KINGSLAND
THE BARONESS BUSCOMBE
 
16*     Page 3, line 25, at end insert (";  and
    (  )  an estimated timetable, when, if at all, it expects competition in each particular sector to be sufficient to enable the Authority to withdraw from regulating that sector")
 
17*     Page 3, line 25, at end insert (";  and
 
    (  )  a Regulatory Impact Assessment in respect of additional costs imposed on licence holders as a result of the exercise by the Authority, Council or Secretary of State of powers contained in the Act together with an assessment of the extent to which such additional costs will be borne by the consumer")
 
18*     Page 3, line 25, at end insert ("; and
    (  )  an assessment of the purpose and justification of any existing regulatory requirements and the extent to which the Authority believes they may no longer be required")
 
19*     Page 3, line 25, at end insert ("; and
    (  )  a statement of accounts giving a true and fair view of the state of affairs and the income and expenditure of the Authority for the year")
 
  
Clause 6
 
  
BY THE BARONESS WILCOX
 
20     Page 4, leave out lines 10 to 20 and insert--
 
    ("(1)  The Authority shall publish advice and information which will promote the interests of consumers in relation to gas conveyed through pipes, and may publish that advice or information in such manner as it thinks fit.
 
    (2)  In particular, it shall secure that records of its decisions, and the information on which they are based, are kept and made available with a view to enabling members of the public to make informed judgements about the way in which it is carrying out its functions.
 
    (2A)  In publishing advice or information under this section, the Authority must consider whether the publication of the advice or information in question would or might seriously and prejudicially affect the interests of a particular individual or body of persons (corporate or unincorporate), and if that is outweighed by the public interest in publishing that advice or information.")
 
  
BY THE LORD McINTOSH OF HARINGEY
 
21     Page 4, line 17, leave out from ("matter") to 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.") 
22     Page 4, line 24, at end insert--
 
    ("(4)  In this section "consumers" includes both existing and future consumers."")
 
  
BY THE BARONESS WILCOX
 
23     Page 4, leave out lines 27 to 35 and insert--
 
    ("(1)  The Authority shall publish advice and information which will promote the interests of consumers in relation to electricity conveyed by distribution systems, and may publish that advice or information in such manner as it thinks fit.
 
    (1A)  In particular, it shall secure that records of its decisions, and the information on which they are based, are kept and made available with a view to enabling members of the public to make informed judgements about the way in which it is carrying out its functions.
 
    (2)  In publishing advice or information under this section, the Authority must consider whether the publication of the advice or information in question would or might seriously and prejudicially affect the interests of a particular individual or body of persons (corporate or unincorporate), and if that is outweighed by the public interest in publishing that advice or information.")
 
  
BY THE LORD McINTOSH OF HARINGEY
 
24     Page 4, line 33, leave out from ("matter") to 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.") 
25     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 KINGSLAND
THE BARONESS BUSCOMBE
 
26*     Page 5, line 19, after first ("the") insert ("reasonable") 
27*     Page 5, line 20, after first ("the") insert ("reasonable") 
  
BY THE LORD McINTOSH OF HARINGEY
 
28     Page 5, line 21, leave out ("or") and insert ("and") 
29     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") 
  
After Clause 8
 
  
BY THE BARONESS WILCOX
 
30     Insert the following new Clause-- 
     ("  .--(1)  A person who is not a licence holder may appeal to the Authority to withdraw or vary a decision (other than that in section 47 of the Competition Act 1998).
 
    (2)  In this section "decision" means--
    (a)  the introduction of a new licence condition;
    (b)  the modification of an existing licence condition;
    (c)  any other decision prescribed by the Secretary of State in regulations made under this section.
    (3)  The application must--
    (a)  be made in writing, within such period as may be specified in guidance issued by the Secretary of State under subsection (9);
    (b)  give the applicant's reasons for considering that the relevant decision should be withdrawn or (as the case may be) varied.
    (4)  The Authority may decide--
    (a)  that the applicant does not have a sufficient interest in the relevant decision;
    (b)  that, in the case of an applicant claiming to represent persons who have such an interest, the applicant does not represent such persons, or
    (c)  that the persons represented by the applicant do not have such an interest.
    (5)  The Authority, having considered the application, may--
    (a)  withdraw or vary the relevant decision;
    (b)  decide that sufficient reasons have not been shown why it should withdraw or vary the relevant decision.
    (6)  Where a decision has been made under subsections (4) or (5), the Authority must notify the applicant of its decision, give reasons for that decision and make them public.
 
    (7)  The applicant may appeal to the Competition Commission against a decision of the Authority notified under subsection (4) or (5).
 
    (8)  The making of an application does not suspend the effect of the relevant decision.
 
    (9)  The Secretary of State shall issue guidance about the procedures for applicants for making an appeal under this section.")
Appeal to Authority by non-licence holders.
  
Clause 9
 
  
BY THE LORD EZRA
THE LORD BEAUMONT OF WHITLEY
THE LORD HARDY OF WATH
THE BARONESS SHARP OF GUILDFORD
 
31     Page 6, line 10, after ("consumers") insert ("in the context of sustainable development") 
  
BY THE LORD KINGSLAND
THE BARONESS BUSCOMBE
 
32*     Page 6, line 11, leave out ("appropriate") and insert ("possible") 
33     Page 6, line 17, leave out (", having regard") and insert ("and, subject to the principal objective, the Secretary of State and the Authority shall carry out those functions in the manner which he or it considers is best calculated") 
34     Page 6, line 19, leave out ("the need to") 
35     Page 6, line 22, leave out ("the need to") 
  
BY THE LORD McINTOSH OF HARINGEY
 
36     Page 6, line 24, at end insert ("or the Utilities Act 2000") 
  
BY THE LORD KINGSLAND
THE BARONESS BUSCOMBE
 
37*     Page 6, line 24, at end insert--
    ("(c)  the need to secure that the obligations imposed on licence holders by or under this Part are the minimum necessary to attain that objective; and
    (d)  the need to secure that licence holders are able to meet and, to the extent that it is reasonable for them to do so, are permitted to recover the costs of discharging the obligations imposed upon them by or under this Part")
 
38*     Page 6, leave out lines 33 to 47 
  
BY THE LORD EZRA
THE LORD BEAUMONT OF WHITLEY
THE LORD HARDY OF WATH
 
39     Page 7, line 1, leave out ("Subject to subsection (2)") and insert ("In performing that duty") 
  
BY THE LORD JENKIN OF RODING
 
40     Page 7, line 14, at end insert ("and to the securing of a diverse and viable long term energy supply") 
  
BY THE LORD McINTOSH OF HARINGEY
 
41     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.")
 
 
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