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

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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."")
 
  
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 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."")
 
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-- 
 <~et>("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") 
 
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