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

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Clause 13
 
  
BY THE LORD EZRA
THE LORD BEAUMONT OF WHITLEY
THE LORD HARDY OF WATH
THE BARONESS SHARP OF GUILDFORD
 
42     Page 9, line 17, after ("consumers") insert ("in the context of sustainable development") 
  
BY THE LORD KINGSLAND
THE BARONESS BUSCOMBE
 
43*     Page 9, line 18, leave out ("appropriate") and insert ("possible") 
44     Page 9, line 24, 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") 
45     Page 9, line 26, leave out ("the need to") 
  
BY THE LORD EZRA
THE BARONESS SHARP OF GUILDFORD
 
46     Page 9, line 27, after ("met") insert ("and to safeguard the security of electricity supplies") 
  
BY THE LORD KINGSLAND
THE BARONESS BUSCOMBE
 
47     Page 9, line 28, leave out ("the need to") 
  
BY THE LORD McINTOSH OF HARINGEY
 
48     Page 9, line 30, at end insert ("or the Utilities Act 2000") 
  
BY THE LORD KINGSLAND
THE BARONESS BUSCOMBE
 
49*     Page 9, line 30, 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")
 
50     Page 9, line 39, leave out from beginning to end of line 7 on page 10 and insert--
 
    ("(4)  The Secretary of State or the Authority shall, in carrying out any function under this Part, ensure that the interests of consumers in relation to gas conveyed through pipes (within the meaning of the Gas Act 1986) are not disadvantaged.")
 
  
BY THE LORD EZRA
THE LORD BEAUMONT OF WHITLEY
THE LORD HARDY OF WATH
 
51     Page 10, line 8, leave out ("Subject to subsection (2)") and insert ("In performing that duty") 
  
BY THE LORD JENKIN OF RODING
 
52     Page 10, line 23, at end insert ("and to the securing of a diverse and viable long term energy supply") 
  
BY THE LORD McINTOSH OF HARINGEY
 
53     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 10
 
  
BY THE LORD BEAUMONT OF WHITLEY
THE LORD HARDY OF WATH
 
54     Page 7, leave out lines 24 to 27 and insert--
 
    ("(1)  The Secretary of State shall issue guidance to enable the Authority to contribute to the attainment of any social or environmental policies, in particular policies to reduce emissions of greenhouse gases in line with the target of a 2% cut in carbon dioxide emissions by the year 2010 and any subsequent climate change targets that are adopted and any other targets set out or referred to in the guidance.")
 
  
BY THE LORD EZRA
THE LORD BEAUMONT OF WHITLEY
THE BARONESS SHARP OF GUILDFORD
 
55     Page 7, leave out lines 24 to 27 and insert--
 
    ("(1)  The Secretary of State shall issue guidance to enable the Authority to contribute to the attainment of any social or environmental policies, in particular policies to reduce emissions of greenhouse gases in line with the target of a 20% cut in carbon dioxide emissions by the year 2010 and any subsequent climate change targets that are adopted and any other targets set out or referred to in the guidance.")
 
  
BY THE LORD KINGSLAND
THE BARONESS BUSCOMBE
 
56     Page 7, line 24, leave out ("from time to time") and insert ("at least every five years and on a long-term basis") 
57     Page 7, line 27, at end insert--
 
    ("(1A)  In preparing guidance under this section, the Secretary of State shall ensure that such guidance does not impose significant financial implications for consumers.")
 
58*     Page 7, line 42, leave out from ("section") to end of line 11 on page 8 and insert ("unless a draft of the guidance has been laid before, and approved by a resolution of, each House of Parliament.") 
  
Clause 14
 
  
BY THE LORD BEAUMONT OF WHITLEY
THE LORD HARDY OF WATH
 
59     Page 10, leave out lines 33 to 36 and insert--
 
    ("(1)  The Secretary of State shall issue guidance to enable the Authority to contribute to the attainment of any social or environmental policies, in particular policies to reduce emissions of greenhouse gases in line with the target of a 2% cut in carbon dioxide emissions by the year 2010 and any subsequent climate change targets that are adopted and any other targets set out or referred to in the guidance.")
 
  
BY THE LORD EZRA
THE LORD BEAUMONT OF WHITLEY
THE BARONESS SHARP OF GUILDFORD
 
60     Page 10, leave out lines 33 to 36 and insert--
 
    ("(1)  The Secretary of State shall issue guidance to enable the Authority to contribute to the attainment of any social or environmental policies, in particular policies to reduce emissions of greenhouse gases in line with the target of a 20% cut in carbon dioxide emissions by the year 2010 and any subsequent climate change targets that are adopted and any other targets set out or referred to in the guidance.")
 
  
BY THE LORD KINGSLAND
THE BARONESS BUSCOMBE
 
61     Page 10, line 33, leave out ("from time to time") and insert ("at least every five years and on a long-term basis") 
62     Page 10, line 36, at end insert--
 
    ("(1A)  In preparing guidance under this section, the Secretary of State shall ensure that such guidance does not impose significant financial implications for consumers.")
 
63*     Page 11, line 6, leave out from ("section") to end of line 20 and insert ("unless a draft of the guidance has been laid before, and approved by a resolution of, each House of Parliament.") 
  
Clause 11
 
  
BY THE LORD KINGSLAND
THE BARONESS BUSCOMBE
 
64     Page 8, line 33, at end insert--
 
    ("(4)  It shall also be the duty of the Authority--
    (a)  in conjunction with the Health and Safety Executive, to prepare, and from time to time revise, a document setting out such means as may, with the approval of the Health and Safety Commission, be agreed between the Authority and that Executive for securing co-operation and the exchange of information between them; and
    (b)  without prejudice to the effect or operation of any relevant statutory provisions (within the meaning of Part I of the Health and Safety at Work etc. Act 1974) to exercise the functions assigned to him by or under this Part in accordance with any agreement contained in that document.
    (5)  As soon as practicable after agreement is reached for the purposes of--
    (a)  the preparation of a document in accordance with subsection (4) above, or
    (b)  any revision of a document prepared in accordance with that subsection,
the Director shall send a copy of the document or, as the case may be, of the revised version of it to the Secretary of State, and the Secretary of State shall lay the copy before each House of Parliament.")
 
  
Clause 17
 
  
BY THE LORD EZRA
THE LORD BEAUMONT OF WHITLEY
THE LORD HARDY OF WATH
THE BARONESS SHARP OF GUILDFORD
 
65     Page 12, line 36, after ("systems") insert ("including the efficient use of gas and electricity by consumers") 
  
Clause 18
 
  
BY THE BARONESS GARDNER OF PARKES
THE LORD EZRA
 
66     Page 13, line 15, leave out ("may") and insert ("shall") 
  
BY THE LORD EZRA
THE BARONESS SHARP OF GUILDFORD
 
67     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 19
 
  
BY THE LORD KINGSLAND
THE BARONESS BUSCOMBE
 
68*     Page 14, line 4, leave out ("(c)") and insert ("(d)") 
69*     Page 14, line 13, at end insert ("; or
    (d)  it is not information which is exempt from disclosure by virtue of section (Exempt information)")
 
70*     Page 14, line 15, after ("(3)(c)") insert ("or (d)") 
71*     Page 14, line 16, after ("body") insert (", giving that individual or body not less than 14 days to comment on the proposed disclosure") 
  
BY THE LORD EZRA
 
72     Page 14, line 17, leave out paragraph (b) and insert--
    ("(b)  have regard to any opinion expressed by the information publication arbiter as to the application of subsection (3)(c) to the information;
    (c)  consider whether publication of the information in question is in the interests of consumers.")
 
  
BY THE LORD KINGSLAND
THE BARONESS BUSCOMBE
 
73*     Page 14, line 17, leave out ("have regard to any") and insert ("seek and have regard to the") 
  
BY THE LORD EZRA
 
74     Page 14, line 22, at end insert--
 
    ("(4A)  In carrying out its functions the Council has a general duty to publish information when it is in the consumer interest to do so.
 
    (4B)  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 KINGSLAND
THE BARONESS BUSCOMBE
 
75*     Page 14, line 22, at end insert--
 
    ("(  )  If any dispute arises between the Council and an individual or body on whether the disclosure of information by the Council would or might be contrary to subsection (3)(c) or (d), the Council shall, before disclosing that information, refer the dispute for determination by the Information Commissioner.")
 
  
BY THE LORD McINTOSH OF HARINGEY
 
76     Page 14, line 27, leave out from second ("section") to end of line 28 and insert ("(General restrictions on disclosure of information)") 
  
Clause 20
 
  
BY THE LORD EZRA
 
77     Page 14, line 39, leave out subsection (3) 
  
BY THE LORD McINTOSH OF HARINGEY
 
78     Page 14, line 40, at end insert--
 
    ("(3A)  The disclosure by the Council of information in the exercise of that function does not contravene section (General restrictions on disclosure of information).")
 
79     Page 15, line 5, leave out ("targets") and insert ("obligations imposed by order") 
  
BY THE LORD KINGSLAND
THE BARONESS BUSCOMBE
 
80*     Page 15, line 7, after ("made") insert ("to the Council or the Authority") 
81*     Page 15, leave out lines 10 to 13 
  
BY THE LORD McINTOSH OF HARINGEY
 
82     Page 15, line 24, leave out ("targets") and insert ("obligations imposed by order") 
  
BY THE LORD KINGSLAND
THE BARONESS BUSCOMBE
 
83*     Page 15, line 26, after ("made") insert ("to the Council or the Authority") 
84*     Page 15, leave out lines 29 to 32 
  
Clause 21
 
  
BY THE LORD KINGSLAND
THE BARONESS BUSCOMBE
 
85*     Page 15, line 42, leave out ("(c)") and insert ("(d)") 
  
BY THE LORD JENKIN OF RODING
 
86     Page 16, line 5, leave out ("that individual or body") and insert ("the individual or body other than a body being a utility company") 
  
BY THE LORD KINGSLAND
THE BARONESS BUSCOMBE
 
87*     Page 16, line 5, at end insert (" ; or
    (d)  it is not information which is exempt from publication by virtue of section (Exempt information)")
 
88*     Page 16, line 7, after ("(3)(c)") insert ("or (d)") 
89*     Page 16, line 8, after ("body") insert (", giving that individual or body not less than 14 days to comment on the proposed publication") 
  
BY THE LORD EZRA
 
90     Page 16, line 9, leave out paragraph (b) and insert--
    ("(b)  have regard to any opinion expressed by the information publication arbiter as to the application of subsection (3)(c) to the information; and
    (c)  consider whether publication of the information in question is in the interests of consumers.")
 
  
BY THE LORD KINGSLAND
THE BARONESS BUSCOMBE
 
91*     Page 16, line 9, leave out ("have regard to any") and insert ("seek and have regard to the") 
  
BY THE LORD EZRA
 
92     Page 16, line 14, at end insert--
 
    ("(4A)  In carrying out its functions the Council has a general duty to publish information when it is in the consumer interest to do so.
 
    (4B)  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 KINGSLAND
THE BARONESS BUSCOMBE
 
93*     Page 16, line 14, at end insert--
 
    ("(  )  If any dispute arises between the Council and an individual or body on whether the publication of information by the Council would or might be contrary to subsection (3)(c) or (d), the Council shall, before publishing that information, refer the dispute for determination by the Information Commissioner.")
 
  
BY THE LORD McINTOSH OF HARINGEY
 
94     Page 16, line 16, leave out from first ("section") to end of line and insert ("(General restrictions on disclosure of information)") 
 
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Prepared 12 June 2000