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

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Clause 25
 
  
BY THE LORD McINTOSH OF HARINGEY
 
136     Page 22, line 21, leave out ("24(7) or (10)") and insert ("24(4)") 
137     Page 22, line 23, leave out ("not be") and insert ("be excluded from any notice") 
  
BY THE LORD KINGSLAND
THE BARONESS BUSCOMBE
 
138*     Page 22, line 24, leave out ("(c)") and insert ("(d)") 
  
BY THE LORD McINTOSH OF HARINGEY
 
139     Page 22, line 28, leave out ("disclosure") and insert ("publication") 
  
BY THE LORD KINGSLAND
THE BARONESS BUSCOMBE
 
140*     Page 22, line 33, at end insert (";  or
    (d)  it is not information which is exempt from publication by virtue of section (Exempt information)")
 
141*     Page 22, line 35, after ("(3)(c)") insert ("or (d)") 
142*     Page 22, line 36, after ("body") insert (", giving that individual or body not less than 14 days to comment on the proposed publication") 
  
BY THE LORD EZRA
 
143     Page 22, line 37, 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
 
144*     Page 22, line 37, leave out ("have regard to any") and insert ("seek and have regard to the") 
  
BY THE LORD EZRA
 
145     Page 22, line 42, 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
 
146*     Page 22, line 42, 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
 
147     Page 22, line 44, leave out from first ("section") to end of line and insert ("(General restrictions on disclosure of information)") 
  
Clause 26
 
  
BY THE LORD McINTOSH OF HARINGEY
 
148     Page 23, line 1, leave out subsections (1) and (2) and insert--
 
    ("(1)  The Authority may direct the Council to supply to it, in such form as it may reasonably specify, such information specified or described in the direction as it may require for the purpose of exercising its functions.
 
    (2)  The Council shall comply with a direction under this section as soon as is reasonably practicable.")
 
149     Page 23, line 18, leave out subsection (5) 
  
After Clause 26
 
  
BY THE LORD McINTOSH OF HARINGEY
 
150     Insert the following new Clause-- 
     (".--(1) The Secretary of State may make regulations prescribing--
    (a)  descriptions of information which the Authority, a licence holder or the Council may refuse to supply under section 24 or 26; or
    (b)  circumstances in which the Authority, a licence holder or the Council may refuse to comply with a direction under section 24 or 26.
    (2)  The Council may, if no person is prescribed for the purpose under subsection (3), refer a failure by a licence holder to comply with a direction under section 24 to the Authority.
 
    (3)  The Secretary of State may make regulations for the purpose of enabling a failure to comply with a direction under section 24 or 26 to be referred by the person who gave the direction to such person (other than the Authority) as may be prescribed by the regulations.
 
    (4)  A person to whom such a failure is referred (whether under subsection (2) or regulations under subsection (3)) shall--
    (a)  consider any representations made by either party;
    (b)  determine whether the person failing to comply with the direction is entitled to refuse to do so and, if not, order him to comply with the direction; and
    (c)  give notice of his determination and any order under subsection (4)(b), with reasons, to both parties.
    (5)  A notice under subsection (4) may be published by either party to the reference; and subsections (2) to (5) of section 25 apply to the publication of such a notice as they apply to the publication of a notice under section 24(4).
 
    (6)  Section 60 of the 1989 Act (powers to make regulations) applies to regulations under this section as if they were made under Part I of that Act.
 
    (7)  The power of the Secretary of State to make regulations under this section is exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.")
Sections 24 to 26: supplementary.
  
BY THE LORD EZRA
 
151     Insert the following new Clause-- 
     ("  .--(1)  The Secretary of State may make regulations prescribing the appropriate body to consider whether disclosure or publication of information will "seriously and prejudicially affect" the interests of the individual or body which it applies to in relation to the Council exercising its function of information publication or disclosure under section 19, 21 or 25, paragraph 6 of Schedule 2 or under section 33 of the 1986 Act or section 46A of the 1989 Act (set out in section 23).
 
    (2)  This body shall be known as the "information publication arbiter".")
Disclosure of information: information publication arbiter.
  
BY THE LORD KINGSLAND
THE BARONESS BUSCOMBE
 
152*     Insert the following new Clause-- 
     (".--(1)  The Council shall not be entitled to publish or disclose any information under section 19, 21 or 25 or under section 33 of the 1986 Act (power of Council to investigate other matters) or section 46A of the 1989 Act (power of Council to investigate other matters) to the extent that the information is exempt information.
 
    (2)  For the purposes of this section information is exempt information if it is--
    (a)  information filed with a court or served on or by any person for the purposes of proceedings before any court;
    (b)  information the disclosure of which would or would be likely to endanger the safety or physical or mental health of any individual;
    (c)  information obtained by a licence holder from another person in confidence the disclosure of which would constitute a breach of confidence actionable by that person or any other person;
    (d)  information which constitutes a trade secret;
    (e)  information the disclosure of which or would be likely to prejudice the commercial interests of a licence holder or any other person;
    (f)  information the confidentiality of which a licence holder is required to maintain as a condition of his licence under the 1986 Act or the 1989 Act; or
    (g)  information which would be exempt from disclosure under the Freedom of Information Act 2000.
    (3)  In this section "court" includes any tribunal or body exercising the judicial power of the State.")
Exempt information.
  
Clause 28
 
  
BY THE LORD McINTOSH OF HARINGEY
 
153     Page 24, line 3, leave out (", after consultation with the Authority,") 
154     Page 24, line 10, at end insert--
 
    ("(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 85
 
  
BY THE LORD McINTOSH OF HARINGEY
 
155     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 31
 
  
BY THE LORD McINTOSH OF HARINGEY
 
156     Page 29, line 9, at end insert--
 
    ("(4A)  After subsection (3) there is inserted--
        (3A)  Conditions included in a transmission licence or a distribution licence by virtue of subsection (1)(a) may require the holder, in such circumstances as are specified in the licence--
      (a)  so to increase his charges for the transmission or distribution of electricity as to raise such amounts as may be determined by or under the conditions; and
      (b)  to pay the amounts so raised to such licence holders as may be so determined.")
 
  
Clause 73
 
  
BY THE LORD McINTOSH OF HARINGEY
 
157     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 proposed refusal may be made,
    and shall consider any representations which are duly made and not withdrawn."")
 
158     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"") 
159     Page 73, line 28, after ("described") insert ("in the licence"") 
160     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 32
 
  
BY THE LORD McINTOSH OF HARINGEY
 
161     Page 29, line 30, after ("shall") insert (", subject to such modifications of the conditions made under Part I of the 1989 Act after the determination under this subsection,") 
162     Page 30, line 47, at end insert ("being modified)") 
  
Clause 34
 
  
BY THE LORD McINTOSH OF HARINGEY
 
163     Page 33, line 29, leave out ("standard conditions") and insert ("anything done") 
  
Clause 35
 
  
BY THE LORD McINTOSH OF HARINGEY
 
164     Page 34, line 26, leave out ("and 14") and insert (", 14 and 14A") 
  
Clause 38
 
  
BY THE LORD McINTOSH OF HARINGEY
 
165     Page 36, line 34, after ("be") insert ("the modifications which are") 
166     Page 36, line 43, after ("modifications") insert ("of the relevant conditions") 
167     Page 37, line 30, at end insert ("or, as the case may be, the relevant licence holders") 
168     Page 37, line 34, at end insert--
 
    ("(8A)  Where, in consequence of a reference under section 12(1A), the Commission modifies under subsection (4)(b) the standard conditions of licences of any type, 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 12(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 80
 
  
BY THE LORD McINTOSH OF HARINGEY
 
169     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,") 
170     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
 
171     Page 77, line 13, at end insert ("; and
    (b)  after "the holder of the licence" there is inserted "being modified".")
 
172     Page 77, line 45, leave out ("or") and insert ("and") 
173     Page 78, line 2, at end insert ("or") 
  
Clause 82
 
  
BY THE LORD McINTOSH OF HARINGEY
 
174     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."")
 
175     Page 79, line 20, after ("be") insert ("the modifications which are") 
176     Page 79, line 29, after ("modifications") insert ("of the relevant conditions") 
177     Page 80, line 15, at end insert ("or, as the case may be, the relevant licence holders.") 
178     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."")
 
179     Page 80, line 45, 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."")
 
 
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