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

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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".")
 
  
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".")
 
 
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