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

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Clause 59
 
  
BY THE LORD McINTOSH OF HARINGEY
 
230     Page 59, line 28, leave out ("and (4)") and insert (", (4) and (6)") 
  
After Clause 59
 
  
BY THE BARONESS SHARP OF GUILDFORD
THE LORD EZRA
 
230A     Insert the following new Clause-- 
 ("Determination of performance standards 
 
        .  After section 43 of the 1989 Act there is inserted--
Determination of performance standards by Authority.
 <~et>Determination of performance standards by Authority.     43A.--(1)  The Authority may from time to time-- 
  
    (a)  determine such standards of performance in connection with the selling of electricity by suppliers to consumers as, in its opinion, ought to be achieved by them and is consistent with their licence conditions;
 
  
    (b)  arrange for the publication, in such form and in such manner as it considers appropriate, of the standards so determined; and
 
  
    (c)  arrange for the publication, in such form and in such manner as it considers appropriate, of an assessment of which suppliers, in its opinion, are failing to meet those standards.
        (2)  Where a supplier has failed to reach the standards set out in this section, the Authority may order that supplier to pay compensation to the consumers affected.
        (3)  It shall be the duty of every electricity supplier to conduct his business in such a way as can reasonably be expected to lead to his achieving the standards set under this section."")
 
  
Clause 95
 
  
BY THE LORD McINTOSH OF HARINGEY
 
231     Page 99, line 6, leave out ("and (4)") and insert (", (4) and (6)") 
  
After Clause 95
 
  
BY THE BARONESS SHARP OF GUILDFORD
THE LORD EZRA
 
231A     Insert the following new Clause-- 
 ("Determination of performance standards 
  
        .  After section 39 of the 1986 Act there is inserted--
Determination of performance standards by Authority.
 Determination of performance standards by Authority.     39A.--(1)  The Authority may from time to time--
    (a)  determine such standards of performance in connection with the selling of electricity by suppliers to consumers as, in its opinion, ought to be achieved by them and is consistent with their licence conditions;
    (b)  arrange for the publication, in such form and in such manner as it considers appropriate, of the standards so determined; and
    (c)  arrange for the publication, in such form and in such manner as it considers appropriate, of an assessment of which suppliers, in its opinion, are failing to meet those standards.
        (2)  Where a supplier has failed to reach the standards set out in this section, the Authority may order that supplier to pay compensation to the consumers affected.
        (3)  It shall be the duty of every electricity supplier to conduct his business in such a way as can reasonably be expected to lead to his achieving the standards set under this section."")
 
  
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.")
 
  
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.
 <~et>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.
 <~et>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."")
 
 
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