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

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Schedule 5
 
  
BY THE LORD McINTOSH OF HARINGEY
 
201     Page 120, line 19, after (""provided";") insert--
    ("(bb)  after sub-paragraph (2) there is inserted--
        (2A)  Section 23 of this Act shall apply in relation to any dispute arising under this paragraph between an electricity supplier and a customer.";")
 
  
Clause 92
 
  
BY THE LORD KINGSLAND
THE BARONESS BUSCOMBE
 
202*     Page 94, line 5, at end insert--
 
    ("(2B)  A gas transporter shall not be required by virtue of this section to supply any information which it could not be compelled to give in evidence in civil proceedings in the High Court or, in Scotland, the Court of Session.")
 
  
Clause 93
 
  
BY THE LORD KINGSLAND
THE BARONESS BUSCOMBE
 
203*     Page 94, line 27, at end insert--
 
    ("(3)  A gas supplier or gas transporter shall not be required by virtue of any regulations made under this section to supply any information which it could not be compelled to give in evidence in civil proceedings in the High Court or, in Scotland, the Court of Session.")
 
  
Clause 58
 
  
BY THE LORD KINGSLAND
THE BARONESS BUSCOMBE
 
204*     Page 55, line 29, at beginning insert ("and that compliance by the licence holder cannot be secured by other means,") 
205*     Page 55, line 49, at end insert--
 
    ("(  )  It shall be a defence to the imposition of a penalty under this section for the licence holder to prove--
    (a)  that the contravention or failure did not occur as a result of any intention or recklessness on the part of the licence holder; and
    (b)  that the licence holder took all reasonable steps to avoid the contravention or failure.")
 
  
BY THE LORD BORRIE
THE LORD CURRIE OF MARYLEBONE
 
206     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).")
 
  
BY THE BARONESS SHARP OF GUILDFORD
THE LORD EZRA
 
207*     Page 56, line 39, at end insert--
 
    ("(  )  No penalty imposed by the Authority may exceed 10% of the turnover of the undertaking (determined in accordance with such provisions as may be specified in an order made by the Secretary of State).")
 
  
BY THE LORD McINTOSH OF HARINGEY
 
208     Page 56, line 45, leave out ("that subsection") and insert ("section 58 of the Utilities Act 2000") 
209     Page 57, line 18, leave out from ("failure") to end of line 21 and insert ("later than the end of the period of 12 months from the time of the contravention or failure, unless before the end of that period--
    (a)  the notice under section 27A(2) relating to the penalty is served on the licence holder under section 27A(6), or
    (b)  a notice relating to the contravention or failure is served on the licence holder under section 28(2).")
 
  
BY THE LORD KINGSLAND
THE BARONESS BUSCOMBE
 
210*     Page 58, line 6, leave out from ("may") to end of line 9 on page 59 and insert ("appeal under section 49B.") 
211*     Page 59, line 13, leave out ("application") and insert ("appeal") 
212*     Page 59, line 14, leave out ("27E") and insert ("49B") 
213*     Page 59, line 15, leave out ("application") and insert ("appeal") 
214*     Page 59, line 16, leave out ("application") and insert ("appeal") 
215*     Page 59, line 20, at end insert-- 
 ("Review of conditions giving rise to penalties.     27G.--(1)  It shall be the duty of the Authority to keep under review any licence condition the contravention of which may give rise to a liability to a financial penalty under section 27A. 
 
        (2)  Where any such licence condition--
      (a)  is expressed in insufficiently specific terms, or
      (b)  may otherwise be interpreted ambiguously or without legal certainty,
    the Authority shall take appropriate steps to amend or revoke that condition in accordance with the procedures laid down in sections 11 to 15."")
 
  
BY THE LORD McINTOSH OF HARINGEY
 
216     Page 59, line 20, at end insert--
 
    ("(  )  In section 28(1) of the 1989 Act (power to require information, etc.), for the words from "the Director" in the first place they appear, to "42B below" there is substituted "the Authority that a licence holder--
    (a)  may be contravening, or may have contravened, any relevant condition or requirement; or
    (b)  may be failing, or may have failed, to achieve any standard of performance prescribed under section 39 or 39A,
the Authority may, for any purpose connected with such of its functions under section 25 or 27A to 27F".")
 
  
Clause 94
 
  
BY THE LORD KINGSLAND
THE BARONESS BUSCOMBE
 
217*     Page 94, line 37, at beginning insert ("and that compliance by the licence holder cannot be secured by other means,") 
218*     Page 95, line 14, at end insert--
 
    ("(  )  It shall be a defence to the imposition of a penalty under this section for the licence holder to prove--
    (a)  that the contravention or failure did not occur as a result of any intention or recklessness on the part of the licence holder; and
    (b)  that the licence holder took all reasonable steps to avoid the contravention or failure.")
 
  
BY THE LORD BORRIE
THE LORD CURRIE OF MARYLEBONE
 
219     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).")
 
  
BY THE BARONESS SHARP OF GUILDFORD
THE LORD EZRA
 
220*     Page 96, line 3, at end insert--
        ("(  )  No penalty imposed by the Authority may exceed 10% of the turnover of the undertaking (determined in accordance with such provisions as may be specified in an order made by the Secretary of State).")
 
  
BY THE LORD McINTOSH OF HARINGEY
 
221     Page 96, line 9, leave out ("that subsection") and insert ("section 94 of the Utilities Act 2000") 
222     Page 96, line 30, leave out from ("failure") to end of line 33 and insert ("later than the end of the period of 12 months from the time of the contravention or failure, unless before the end of that period--
      (a)  the notice under section 30A(2) relating to the penalty is served on the licence holder under section 30A(6), or
      (b)  a notice relating to the contravention or failure is served on the licence holder under section 38(1).")
 
  
BY THE LORD KINGSLAND
THE BARONESS BUSCOMBE
 
223*     Page 97, line 18, leave out from ("may") to end of line 20 on page 98 and insert ("appeal under section 38B.") 
224*     Page 98, line 24, leave out ("application") and insert ("appeal") 
225*     Page 98, line 25, leave out (30E") and insert ("38B") 
226*     Page 98, line 26, leave out ("application") and insert ("appeal") 
227*     Page 98, line 27, leave out ("application") and insert ("appeal") 
228*     Page 98, line 31, at end insert-- 
 ("Review of conditions giving rise to penalties.     30G.--(1)  It shall be the duty of the Authority to keep under review any licence condition the contravention of which may give rise to a liability to a financial penalty under section 30A. 
 
        (2)  Where any such licence condition--
      (a)  is expressed in insufficiently specific terms, or
      (b)  may otherwise be interpreted ambiguously or without legal certainty,
    the Authority shall take appropriate steps to amend or revoke that condition in accordance with the procedures laid down in sections 23 to 26A."")
 
  
BY THE LORD McINTOSH OF HARINGEY
 
229     Page 99, line 2, at end insert--
 
    ("(  )  In section 38(1) of the 1986 Act (power to require information, etc.)--
    (a)  for "Director" in each place where it appears, there is substituted "Authority";
    (b)  after "requirement" there is inserted "or may be failing, or may have failed, to achieve any standard of performance prescribed under section 33A or 33AA,";
    (c)  for the words from "his functions" to "signed by him" there is substituted "its functions under section 28 or 30A to 30F in relation to that matter, by notice in writing";
    (d)  for "him" there is substituted "it".")
 
  
Clause 59
 
  
BY THE LORD McINTOSH OF HARINGEY
 
230     Page 59, line 28, leave out ("and (4)") and insert (", (4) and (6)") 
  
Clause 95
 
  
BY THE LORD McINTOSH OF HARINGEY
 
231     Page 99, line 6, leave out ("and (4)") and insert (", (4) and (6)") 
  
Clause 61
 
  
BY THE LORD KINGSLAND
THE BARONESS BUSCOMBE
 
232*     Page 62, line 7, leave out from beginning to ("an") in line 8 and insert ("electricity suppliers") 
233*     Page 62, line 12, leave out ("descriptions of electricity supplier") and insert ("electricity suppliers") 
234*     Page 62, leave out lines 18 and 19 
  
BY THE LORD JENKIN OF RODING
 
235     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.")
 
  
BY THE LORD HARDY OF WATH
 
236     Page 62, line 28, after ("sources") insert ("or from the application of clean coal technology") 
  
BY THE LORD EZRA
THE LORD BEAUMONT OF WHITLEY
THE LORD JENKIN OF RODING
THE BARONESS SHARP OF GUILDFORD
 
237     Page 62, line 32, at end insert--
 
    ("(3A)  The renewables obligation shall ensure that 5% of Great Britain electricity requirements shall be met from renewables by the end of the year 2003 and 10% by 2010.")
 
  
BY THE LORD HARDY OF WATH
 
238     Page 62, line 43, after ("sources") insert ("or the application of clean coal technology") 
  
Clause 62
 
  
BY THE LORD McINTOSH OF HARINGEY
 
239     Page 63, line 46, after ("32(6)") insert ("or in the definition of "renewable sources" in section 32(8)") 
240     Page 64, line 12, at end insert--
        ("(  ) An order may, in relation to any specified period ("the current period")--
      (a)  provide that evidence of electricity supplied in a later period may, when available, be counted towards discharging the renewables obligation for the current period;
      (b)  provide that evidence of electricity supplied in the current period may, in a later period, be counted towards discharging the renewables obligation for that period;
      (c)  specify how much later the later period referred to in paragraph (a) or (b) may be;
      (d)  specify a maximum proportion of the renewables obligation for any period which may be discharged as mentioned in paragraph (a) or (b);
      (e)  specify a maximum proportion of electricity supplied in any period evidence of which may be counted towards discharging the renewables obligation for a different period.")
 
  
BY THE LORD KINGSLAND
THE BARONESS BUSCOMBE
 
241*     Page 64, line 16, at end insert--
 
("but only if the Secretary of State is satisfied, after consulting the Authority, that any such difference will not distort competition between electricity suppliers")
 
  
Clause 63
 
  
BY THE LORD McINTOSH OF HARINGEY
 
242     Page 64, line 35, at end insert ("or to an electricity supplier") 
243     Page 64, line 37, after ("station") insert ("or, in the case of a certificate issued to an electricity supplier, a generating station specified in the certificate") 
  
Clause 64
 
  
BY THE LORD JENKIN OF RODING
 
244     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.")
 
  
BY THE LORD McINTOSH OF HARINGEY
 
245     Page 65, line 10, leave out ("and") and insert--
    ("(  ) for different such sums in relation to different periods;")
 
246     Page 65, line 14, at end insert ("and
    (  ) for any such sum to be adjusted from time to time for inflation by a method specified in the order (which may refer to a specified scale or index or to other specified data of any description, including such a scale or index or such data in a form not current when the order was made, but in a subsequent form attributable to revision or any other cause and taking effect afterwards).")
 
  
BY THE LORD EZRA
THE LORD BEAUMONT OF WHITLEY
THE LORD HARDY OF WATH
 
247     Page 65, line 17, at end insert--
 
    ("(  )  The system of allocation specified in the order shall allow for payments to be made only to those suppliers that meet their renewable obligation without recourse to the provisions of this section.")
 
248     Page 65, line 17, at end insert--
 
    ("(  )  The system of allocation specified in the order shall allow for a requirement that payments are used by suppliers solely for the further development and deployment of renewable sources of electricity.")
 
 
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