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

back to previous amendments
 
  
After Clause 64
 
  
BY THE LORD EZRA
THE LORD HARDY OF WATH
 
249     Insert the following new Clause-- 
     ("  .  After section 32C of the 1989 Act there is inserted--Obligation in connection with electricity from clean coal sources.
 Obligation in connection with electricity from clean coal sources.     
     (2)  The descriptions of electricity supplier upon which an order may impose the clean coal obligation are those supplying electricity--
    (a)  in Great Britain;
    (b)  in England and Wales; or
    (c)  in Scotland,
excluding such categories of supplier (if any) as are specified.
 
    (3)  Subject to the provisions of this section, the clean coal obligation is that the designated electricity supplier must, before a specified day (or before each of several specified days, or before a specified day in each year), produce to the Authority evidence of a specified kind showing--
    (a)  that it has supplied to customers in Great Britain during a specified period such amount of electricity generated by using clean coal sources as is specified in relation to such a supplier; or
    (b)  that another electricity supplier has done so (or that two or more others have done so); or
    (c)  that, between them, they have done so.
    (4)  Evidence of the supply of electricity may not be produced more than once in relation to the same electricity.
 
    (5)  In the case of electricity generated by a generating station fuelled or driven partly by clean coal sources and partly by fossil fuel, only the proportion attributable to the clean coal sources can count towards discharging the clean coal obligation."&#M10;&#M10;")
 
  
After Clause 65
 
  
BY THE LORD EZRA
THE LORD BEAUMONT OF WHITLEY
 
250     Insert the following new Clause-- 
     ("  .  In making an order and other arrangements under sections 32, 32A, 32B and 32C of the 1989 Act the Secretary of State may also make provision for--
    (a)  electricity generated by any form of combined heat and power stations;
    (b)  heat or chilled water produced in association with electricity.")
Other provisions relating to orders under section 32 of 1989 Act.
  
Clause 66
 
  
BY THE LORD McINTOSH OF HARINGEY
 
251     Page 65, line 28, at end insert--
    ("(za)  providing for section 32 of the 1989 Act to have effect, before its substitution by section 61 of this Act, with modifications specified in the order (but if this power is exercised the modifications must include the omission of subsections (3) and (4) of section 32);")
 
252     Page 65, line 29, leave out ("as that section had effect immediately") and insert ("made") 
253     Page 65, line 39, at end insert--
 
    ("(  )  The power in subsection (1)(b) may be exercised both before the coming into force of section 61 and afterwards.")
 
254     Page 66, line 19, at end insert--
    ("but while subsections (3) and (4) of section 32 of the 1989 Act remain in force an order may not provide for anything which would be an offence under section 32(3) to be treated as a relevant requirement")
 
255     Page 66, line 25, leave out ("as saved by an order under this section") and insert ("made before the coming into force of section 61 of this Act") 
256     Page 66, line 30, at end insert--
        ("(  ) An order under this section may make different provision for different areas.")
 
  
Clause 67
 
  
BY THE LORD McINTOSH OF HARINGEY
 
257     Page 66, line 35, leave out ("1989 Act") and insert ("Electricity Act 1989") 
  
BY THE LORD KINGSLAND
THE BARONESS BUSCOMBE
 
258*     Page 66, line 42, leave out ("where he considers it necessary or expedient") and insert ("to the extent that it is necessary") 
  
BY THE LORD McINTOSH OF HARINGEY
 
259     Page 67, line 25, leave out ("commencement of this section"") and insert ("passing of the Utilities Act 2000."
 
    (2)  This section shall come into force on the passing of this Act.")
 
  
BY THE LORD EZRA
THE BARONESS SHARP OF GUILDFORD
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 67 stand part of the Bill. 
  
After Clause 67
 
  
BY THE LORD BORRIE
THE LORD CURRIE OF MARYLEBONE
 
260     Insert the following new Clause-- 
     ("  .--(1)  In this section "last resort supplier" means a supplier required by or under that supplier's licence to supply electricity where circumstances have arisen which would entitle the Director to revoke or suspend the licence of another supplier otherwise than with the agreement of that other supplier.
 
    (2)  The Secretary of State may by regulations make modifications of any enactment (including an enactment contained in this Act) for the purpose of implementing, or facilitating the operation of, arrangements relating to last resort suppliers.
 
    (3)  The power of the Secretary of State to make regulations under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
 
    (4)  The power of the Secretary of State under subsection (2) may not be exercised after the end of the period of one year beginning with the commencement of that subsection.
 
    (5)  After section 15A of the 1989 Act there is inserted--
Arrangements for suppliers of last resort.
 Licence modifications relating to arrangements for suppliers last resort.     15B.--(1)  In this section "last resort supplier" means a supplier required by or under that supplier's licence to supply electricity where circumstances have arisen which would entitle the Director to revoke or suspend the licence of another supplier otherwise than with the agreement of that other supplier.
 
    (2)  The Secretary of State may, in accordance with this section, modify the conditions of a particular licence granted under section 6(1)(c) and 6(2) where he considers it necessary or expedient to do so for the purpose of implementing, or facilitating the operation of, arrangements relating to last resort suppliers.
 
    (3)  The power to modify licence conditions under subsection (2) includes power to make incidental or consequential, or transitional, modifications.
 
    (4)  Before making modifications under this section the Secretary of State shall consult the holder of any licence being modified and such other persons as he considers appropriate.
 
    (5)  Any consultation undertaken by the Secretary of State before the commencement of this section shall be as effective, for the purposes of subsection (4), as if undertaken after that commencement.
 
    (6)  The Secretary of State shall publish any modifications under this section in such manner as he considers appropriate.
 
    (7)  The power of the Secretary of State under this section may not be exercised after the end of the period of one year beginning with the commencement of this section."")
 
  
Clause 68
 
  
BY THE LORD EZRA
THE BARONESS SHARP OF GUILDFORD
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 68 stand part of the Bill. 
  
Clause 97
 
  
BY THE LORD KINGSLAND
THE BARONESS BUSCOMBE
 
261*     Page 102, line 15, at end insert--
        ("(    )  No person or persons shall be required by virtue of this section to supply any information which that person or persons could not be compelled to give in evidence in civil proceedings in the High Court or, in Scotland, the Court of Session.")
 
262*     Page 103, line 10, at end insert--
        ("(12)  No person shall be required by virtue of this section or any order made under it to supply any information which that person could not be compelled to give in evidence in civil proceedings in the High Court or, in Scotland, the Court of Session.")
 
  
BY THE LORD EZRA
THE BARONESS SHARP OF GUILDFORD
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 97 stand part of the Bill. 
  
Clause 69
 
  
BY THE LORD McINTOSH OF HARINGEY
 
263     Page 69, line 20, leave out ("specified in or determined") and insert ("to be determined by the Authority") 
264     Page 69, line 28, leave out from beginning to ("must") in line 29 and insert ("Where the Secretary of State specifies in an order under this section an overall energy efficiency target in relation to electricity distributors and electricity suppliers on whom obligations are imposed under the order, the Authority shall determine energy efficiency targets under the order in the manner it considers best calculated to result in the achievement of the overall energy efficiency target so specified.
        (3A)  The energy efficiency targets determined by the Authority for the purposes of an order under this section")
 
  
Clause 98
 
  
BY THE LORD McINTOSH OF HARINGEY
 
265     Page 103, line 21, leave out ("specified in or determined") and insert ("to be determined by the Authority") 
266     Page 103, line 29, leave out from beginning to ("must") in line 30 and insert ("Where the Secretary of State specifies in an order under this section an overall energy efficiency target in relation to gas transporters and gas suppliers on whom obligations are imposed under the order, the Authority shall determine energy efficiency targets under the order in the manner it considers best calculated to result in the achievement of the overall energy efficiency target so specified.
        (3A)  The energy efficiency targets determined by the Authority for the purposes of an order under this section")
 
  
After Clause 72
 
  
BY THE LORD PEYTON OF YEOVIL
 
267     Insert the following new Clause-- 
 
        (".--(1) Schedule 4 to the 1989 Act is amended as follows.
        (2)  In paragraph 1, after sub-paragraph (1) there is inserted--
        (1A)  Except in cases of emergency arising from faults in any electric lines or electrical plant, the power of a licence holder under sub-paragraph (1) to open or break up any street which constitutes for the purposes of the Highways Act 1980 a highway or part of a highway maintainable at the public expense or to open or break up any sewers, drains or tunnels within or under any such street shall be exercisable only with the consent of the Secretary of State."
    (3)  In paragraph 2, after sub-paragraph (1) there is inserted--
        (1A)  Except in cases of emergency arising from faults in any electric lines or electrical plant, the power of a licence holder under sub-paragraph (1) to open or break up any public road or bridge or to open or break up any sewers, drains or tunnels within or under any such road or bridge shall be exercisable only with the consent of the Secretary of State."")
Street works.
  
After Clause 101
 
  
BY THE LORD PEYTON OF YEOVIL
 
268     Insert the following new Clause-- 
     (".--(1) Schedule 4 to the 1986 Act is amended as follows.
 
    (2)  After paragraph 1 there is inserted--
        1A. Except in cases of emergency arising from defects in any pipes or other works, the power of a gas transporter under paragraph 1 to open or break up any street which constitutes for the purposes of the Highways Act 1980 a highway or part of a highway maintainable at the public expense or to open or break up any sewers, drains or tunnels within or under any such street shall be exercisable only with the consent of the Secretary of State."
    (3)  In paragraph 7, for the word "paragraph" there is substituted "paragraphs 1A and".)
Street works.
  
Clause 75
 
  
BY THE LORD KINGSLAND
THE BARONESS BUSCOMBE
 
269     Page 73, line 32, leave out subsection (1) 
270     Page 73, line 38, leave out subsection (3) 
271     Page 74, line 1, leave out subsection (4) 
272     Page 74, line 8, leave out subsection (5) 
273     Page 74, line 11, leave out subsection (6) 
  
Clause 76
 
  
BY THE LORD KINGSLAND
THE BARONESS BUSCOMBE
 
274     Page 74, line 34, at end insert ("having regard to any guidelines drawn up by the Authority from time to time in consultation with gas transporters and to the provisions of section 7(8)(b)") 
  
Clause 77
 
  
BY THE LORD KINGSLAND
THE BARONESS BUSCOMBE
 
275     Page 74, line 41, leave out subsections (1) to (3) 
  
Clause 79
 
  
BY THE LORD KINGSLAND
THE BARONESS BUSCOMBE
 
276*     Page 76, line 8, at end insert--
 
    ("(  )  In subsection (1)(b) after "premises" there is inserted "or by a person other than the transporter acting on behalf of the owner or occupier".")
 
277     Page 76, line 11, leave out ("(2)(b)") and insert ("(2)") 
278*     Page 76, line 22, at end insert--
 
    ("(  )  In subsection (6)(a) after "by" insert "or on behalf of".")
 
279*     Page 76, line 23, at end insert ("and
    (  )  after "occupier" there is inserted "or any person acting on behalf of the owner or occupier"")
 
280*     Page 76, line 23, at end insert ("and
    (  )  at the end of that subsection there is inserted--
 
 but nothing in this subsection shall make the transporter liable for any failure by the person who supplied or laid the pipe to obtain or comply with the terms of any permission for the laying of the pipe which the transporter would not have been required to obtain or comply with if the transporter had supplied or laid the pipe"") 
 
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