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

back to previous amendments
 
  
Clause 40
 
  
BY THE LORD KINGSLAND
THE BARONESS BUSCOMBE
 
180*     Page 41, line 6, at end insert--
 
    ("(  )  A notice under subsection (2) shall, in particular, contain details of--
    (a)  how the decision is proportionate; and
    (b)  how it complies with the Human Rights Act 1998.")
 
  
Clause 41
 
  
BY THE LORD McINTOSH OF HARINGEY
 
181     Page 40, leave out line 31 
182     Page 41, line 11, leave out from beginning to ("resulting") in line 18 and insert ("In preparing a notice under subsection (2) the Authority or the Secretary of State shall have regard to the need for excluding, so far as that is practicable, any matter which relates to the affairs of a particular individual or body of persons (corporate or unincorporate), where it or he considers that publication of that matter would or might seriously and prejudicially affect the interests of that individual or body.
 
    (5)  This section does not apply to a decision")
 
  
BY THE LORD KINGSLAND
THE BARONESS BUSCOMBE
 
183*     Page 41, line 20, at end insert-- 
 ("Appeals.     49B.--(1)  This section applies to the following decisions of the Authority or the Secretary of State, namely--
    (a)  a decision to grant or refuse to grant a licence;
    (b)  a decision to include within a licence on its grant particular provisions imposing a condition;
    (c)  a decision with regard to the modification of any condition included in a licence;
    (d)  a decision to exercise any power contained in a licence to give a direction or consent or to make any determination;
    (e)  a decision with regard to the enforcement of conditions in a licence;
    (f)  a decision to impose a penalty under section 27A;
    (g)  a decision to revoke a licence; or
    (h)  any other decision in respect of which the rights or interests of a licence holder are materially affected.
    (2)  Subject to subsection (5) below, a licence holder (or, in respect of a decision to refuse to grant a licence, the applicant) who is aggrieved by a decision to which this section applies may appeal against the decision on one or more of the following grounds--
    (a)  that a material error as to the facts has been made;
    (b)  that there was a material procedural error;
    (c)  that an error of law has been made; or
    (d)  that there was some other material illegality, including unreasonableness or lack of proportionality.
    (3)  In England and Wales and Northern Ireland, an appeal lies to the High Court, and in Scotland, an appeal lies to the Court of Session.
 
    (4)  The court determining an appeal may--
    (a)  dismiss the appeal;
    (b)  quash the decision; or
    (c)  in the case of an appeal against a financial penalty--
          (i)  quash the penalty,
          (ii)  substitute a penalty of such lesser amount as the court considers appropriate in all the circumstances of the case, or
          (iii)  substitute an alternative date or dates for the date or dates specified by the Authority by which the penalty is required to be paid,
and where the court quashes a decision it may refer the matter to the Authority or the Secretary of State (as the case may be) with a direction to reconsider it and reach a decision in accordance with the findings of the court.
 
    (5)  No appeal under this section shall be brought unless the leave of the court has been obtained.
 
    (6)  An appeal uner this section shall be brought without unreasonable delay and in any event not later than three months from the date on which the Authority or Secretary of State made the decision, or within such other period as may be specified by rules of court.
 
    (7)  The effect of a decision to which an appeal under this section relates shall not, except where the court so orders, be suspended in consequence of the bringing of the appeal.
 
    (8)  Any proceedings under this section in the Court of Session shall be before the Lord Ordinary."")
 
184*     Page 41, line 20, at end insert-- 
 ("Appeals to Competition Commission Appeal Tribunal.     49C.--(1)  A licence holder (or, in respect of a decision to refuse to grant a licence, the applicant) who is aggrieved by a decision of the Authority or the Secretary of State to which this section applies may appeal against the decision to the Competition Commission Appeal Tribunal. 
  
        (2)  This section applies to the following decisions under this Act--
      (a)  a decision to grant or refuse to grant a licence;
      (b)  a decision to include within a licence on its grant particular provisions imposing a condition;
      (c)  a decision with regard to the modification of any condition included in a licence;
      (d)  a decision to exercise any power contained in a licence to give a direction or consent or to make any determination;
      (e)  a decision with regard to the enforcement of conditions in a licence;
      (f)  a decision to impose a penalty under section 27A;
      (g)  a decision to revoke a licence; or
      (h)  any other decision in respect of which the rights or interests of a licence holder are materially affected.
        (3)  An appeal under this section shall be determined by the tribunal on the merits by reference to the grounds of appeal set out in the notice of appeal and shall in all other respects be dealt with as if the decision which is the subject of the appeal was an appealable decision within the meaning of section 46 of the Competition Act 1998.
        (4)  In this section "Competition Commission Appeal Tribunal" means an appeal tribunal established in accordance with the provisions of Part III of Schedule 7 to the Competition Act 1998 for the purpose of hearing an appeal under section 46 of that Act.
        (5)  The effect of a decision to which an appeal under this section relates shall not, except where the court so orders, be suspended in consequence of the bringing of the appeal."")
 
  
Clause 86
 
  
BY THE LORD McINTOSH OF HARINGEY
 
185     Page 84, leave out line 23 
  
BY THE LORD KINGSLAND
THE BARONESS BUSCOMBE
 
186*     Page 84, line 43, at end insert--
        ("(  )  A notice under subsection (2) shall, in particular, contain details of--
      (a)  how the decision is proportionate; and
      (b)  how it complies with the Human Rights Act 1998.")
 
  
BY THE LORD McINTOSH OF HARINGEY
 
187     Page 85, line 1, leave out from beginning to ("resulting") in line 8 and insert ("In preparing a notice under subsection (2) the Authority or the Secretary of State shall have regard to the need for excluding, so far as that is practicable, any matter which relates to the affairs of a particular individual or body of persons (corporate or unincorporate), where it or he considers that publication of that matter would or might seriously and prejudicially affect the interests of that individual or body.
        (5)  This section does not apply to a decision")
 
  
BY THE LORD KINGSLAND
THE BARONESS BUSCOMBE
 
188*     Page 85, line 12, at end insert-- 
 ("Appeals.     38B.--(1)  This section applies to the following decisions of the Authority or the Secretary of State, namely--
      (a)  a decision to grant or refuse to grant a licence;
      (b)  a decision to include within a licence on its grant particular provisions imposing a condition;
      (c)  a decision with regard to the modification of any condition included in a licence;
      (d)  a decision to exercise any power contained in a licence to give a direction or consent or to make any determination;
      (e)  a decision with regard to the enforcement of conditions in a licence;
      (f)  a decision to impose a penalty under section 30A;
      (g)  a decision to revoke a licence; or
      (h)  any other decision in respect of which the rights or interests of a licence holder are materially affected.
        (2)  Subject to subsection (5) below, a licence holder (or, in respect of a decision to refuse to grant a licence, the applicant) who is aggrieved by a decision to which this section applies may appeal against the decision on one or more of the following grounds--
      (a)  that a material error as to the facts has been made;
      (b)  that there was a material procedural error;
      (c)  that an error of law has been made; or
      (d)  that there was some other material illegality, including unreasonableness or lack of proportionality.
        (3)  In England and Wales and Northern Ireland, an appeal lies to the High Court, and in Scotland, an appeal lies to the Court of Session.
        (4)  The court determining an appeal may--
      (a)  dismiss the appeal;
      (b)  quash the decision; or
      (c)  in the case of an appeal against a financial penalty--
            (i)  quash the penalty,
            (ii)  substitute a penalty of such lesser amount as the court considers appropriate in all the circumstances of the case, or
            (iii)  substitute an alternative date or dates for the date or dates specified by the Authority by which the penalty is required to be paid,
    and where the court quashes a decision it may refer the matter to the Authority or the Secretary of State (as the case may be) with a direction to reconsider it and reach a decision in accordance with the findings of the court.
        (5)  No appeal under this section shall be brought unless the leave of the court has been obtained.
        (6)  An appeal under this section shall be brought without unreasonable delay and in any event not later than three months from the date on which the Authority or Secretary of State made the decision, or within such other period as may be specified by rules of court.
        (7)  The effect of a decision to which an appeal under this section relates shall not, except where the court so orders, be suspended in consequence of the bringing of the appeal.
        (8)  Any proceedings under this section in the Court of Session shall be before the Lord Ordinary."")
 
189*     Page 85, line 12, at end insert-- 
 ("Appeals to Competition Commission Appeal Tribunal.     
 
        (2)  This section applies to the following decision under this Act--
      (a)  a decision to grant or refuse to grant a licence;
      (b)  a decision to include within a licence on its grant particular provisions imposing a condition;
      (c)  a decision with regard to the modification of any condition included in a licence;
      (d)  a decision to exercise any power contained in a licence to give a direction or consent or to make any determination;
      (e)  a decision with regard to the enforcement of conditions in a licence;
      (f)  a decision to impose a penalty under section 30A;
      (g)  a decision to revoke a licence; or
      (h)  any other decision in respect of which the rights or interests of a licence holder are materially affected.
        (3)  An appeal under this section shall be determined by the tribunal on the merits by reference to the grounds of appeal set out in the notice of appeal and shall in all other respects be dealt with as if the decision which is the subject of the appeal was an appealable decision within the meaning of section 46 of the Competition Act 1998.
        (4)  In this section "Competition Commission Appeal Tribunal" means an appeal tribunal established in accordance with the provisions of Part III of Schedule 7 to the Competition Act 1998 for the purpose of hearing an appeal under section 46 of that Act.
        (5)  The effect of a decision to which an appeal under this section relates shall not, except where the court so orders, be suspended in consequence of the bringing of the appeal."")
 
  
Clause 47
 
  
BY THE LORD KINGSLAND
THE BARONESS BUSCOMBE
 
190*     Page 50, line 11, after ("negligence") insert ("or breach of contract") 
  
Clause 48
 
  
BY THE LORD KINGSLAND
THE BARONESS BUSCOMBE
 
191*     Page 50, line 21, at end insert ("and shall, at the request of the electricity distributor, enter into such an agreement where it is reasonable in all the circumstances for such an agreement to be entered into") 
  
Clause 49
 
  
BY THE LORD EZRA
THE LORD BEAUMONT OF WHITLEY
THE BARONESS SHARP OF GUILDFORD
 
192     Page 50, line 36, at end insert--
      ("(  )  to facilitate the development of embedded generation"")
 
193     Page 50, line 36, at end insert--
      ("(  )  to facilitate the achievement of the Government's national renewable energy targets, including small-scale renewable generation through net metering"")
 
  
Schedule 4
 
  
BY THE LORD McINTOSH OF HARINGEY
 
194     Page 116, line 32, at end insert-- 
 ("Deemed contracts in certain cases 
 
        2A.--(1) Where an electricity supplier supplies electricity to any premises otherwise than in pursuance of a contract, the supplier shall be deemed to have contracted with the occupier (or the owner if the premises are unoccupied) for the supply of electricity as from the time ("the relevant time") when he began so to supply electricity.
        (2)  Where--
      (a)  the owner or occupier of any premises takes a supply of electricity which has been conveyed to those premises by an electricity distributor;
      (b)  that supply is not made by an authorised supplier; and
      (c)  a supply of electricity so conveyed has been previously made by an electricity supplier,
    the owner or occupier shall be deemed to have contracted with the appropriate supplier for the supply of electricity as from the time ("the relevant time") when he began to take such a supply.
        (3)  Nothing in sub-paragraph (2) shall be taken to afford a defence in any criminal proceedings.
        (4)  The Authority shall publish a document containing provision for determining the "appropriate supplier" for the purposes of sub-paragraph (2).
        (5)  The Authority may revise the current document published under sub-paragraph (4); and where it does so it shall publish the revised document.
        (6)  The express terms and conditions of a contract which, by virtue of sub-paragraph (1) or (2), is deemed to have been made shall be provided for by a scheme made under this paragraph.
        (7)  Each electricity supplier shall make (and may from time to time revise), a scheme for determining the terms and conditions which are to be incorporated in the contracts which, by virtue of sub-paragraph (1) or (2), are to be deemed to have been made.
        (8)  The terms and conditions so determined may include terms and conditions for enabling the electricity supplier to determine, in any case where the meter is not read immediately before the relevant time, the quantity of electricity which is to be treated as supplied by the supplier to the premises, or taken by the owner or occupier of the premises, during the period beginning with the relevant time and ending with--
      (a)  the time when the meter is first read after the relevant time; or
      (b)  the time when the supplier ceases to supply electricity to the premises, or the owner or occupier ceases to take a supply of electricity,
    whichever is the earlier.
        (9)  A scheme under this paragraph may (subject to section 7B) make different provision for different cases or classes of cases, or for different areas, determined by, or in accordance with, the provisions of the scheme.
        (10)  As soon as practicable after an electricity supplier makes a scheme under this paragraph, or a revision of such a scheme, he shall--
      (a)  publish, in such manner as he considers appropriate for bringing it to the attention of persons likely to be affected by it, a notice stating the effect of the scheme or revision;
      (b)  send a copy of the scheme or revision to the Authority and to the Council; and
      (c)  if so requested by any other person, send such a copy to that person without charge to him.
 
 Supplies of electricity illegally taken 
 
        2B.--(1) Where any person takes a supply of electricity which is in the course of being conveyed by an electricity distributor, the distributor shall be entitled to recover from that person the value of the electricity so taken.
        (2)  Where--
      (a)  any person at premises at which a connection has been restored in contravention of paragraph 3(1) takes a supply of electricity which has been conveyed to those premises by an electricity distributor; and
      (b)  the supply is taken otherwise than in pursuance of a contract made with an authorised supplier, or of a contract deemed to have been made with an electricity supplier by virtue of paragraph 2A above or paragraph 4S (former tariff customers) of Schedule 7,
    the distributor shall be entitled to recover from that person the value of the electricity so taken.
        (3)  Each electricity distributor shall make, and from time to time revise, a scheme providing for the manner in which, and the persons by whom, the quantity of electricity taken in such circumstances as are mentioned in sub-paragraph (1) or (2) is to be determined for the purposes of that sub-paragraph.
        (4)  Sub-paragraphs (9) and (10) of paragraph 2A shall apply in relation to a scheme under this paragraph as they apply in relation to a scheme under that paragraph.
        (5)  In this paragraph "value", in relation to any electricity taken in such circumstances as are mentioned in sub-paragraph (1) or (2), means the amount which, if the electricity had been taken in such circumstances as are mentioned in sub-paragraph (2) of paragraph 2A, could reasonably be expected to have been payable in respect of the electricity under a contract deemed to have been made by virtue of that sub-paragraph.")
 
  
BY THE LORD KINGSLAND
THE BARONESS BUSCOMBE
 
195*     Page 118, line 34, at end insert ("; or
      (c)  in the case of emergency, inspecting, repairing or re-installing any electricity meter")
 
196*     Page 118, line 39, after ("plant") insert ("or any electricity meter") 
197*     Page 119, line 22, after ("distributor") insert ("(or any predecessor in title of that electricity supplier or electricity distributor)") 
  
Clause 83
 
  
BY THE LORD KINGSLAND
THE BARONESS BUSCOMBE
 
198*     Page 81, line 18, at end insert--
        ("(  )  In paragraph 12 (failure to notify connection or disconnection of service pipe), in sub-paragraph (1) after "meter" in both places where it occurs there is inserted "or gas device".
        (  )  In paragraph 13 (failure to notify disconnection of meter)--
      (a)  in sub-paragraphs (1) to (3) after "meter" in each place where it occurs there is inserted "or gas device", and
      (b)  after sub-paragraph (4) there is inserted--
            (5)  In this paragraph and in paragraph 12, "gas device" means any device other than a meter forming part of or used in conjunction with the metering installation at any premises."")
 
199*     Page 81, line 18, at end insert--
 
    ("(  )  In paragraph 29(1) for the words "a public gas transporter or gas supplier" there is substituted "otherwise than by the consumer".")
 
200*     Page 81, line 18, at end insert--
 
    ("(4)  In paragraph 29 (gas meters and fittings not to be subject to distress) after sub-paragraph (1)(b) there is inserted--
    (c)  shall not be property the consent of the person in possession of which is required to perfect any transfer of its ownership".")
 
 
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