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

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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")
 
  
Clause 72
 
  
BY THE BARONESS SHARP OF GUILDFORD
THE LORD EZRA
 
266A     Page 72, line 46, after ("by") insert ("the Authority, trading standards officers or") 
266B     Page 72, line 47, at end insert (", and shall be payable to that person"") 
  
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.
  
Clause 101
 
  
BY THE BARONESS SHARP OF GUILDFORD
THE LORD EZRA
 
267A     Page 107, line 39, after ("supplier";") insert--
    ("(  )  for subsection (3) there is substituted--
        (3)  If any person resells any gas supplied by a public gas supplier at a price exceeding the maximum price fixed under this section and applicable thereto, the amount of the excess shall be recoverable by the Authority, trading standards officers or the person to whom the gas was resold, and shall be payable to that person."")
 
  
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"")  
  
After Clause 102
 
  
BY THE LORD McINTOSH OF HARINGEY
 
281     Insert the following new Clause-- 
     (".--(1) Information which--
    (a)  has been obtained under or by virtue of the provisions of this Act, Part I of the 1986 Act or Part I of the 1989 Act; and
    (b)  relates to the affairs of any individual or to any particular business,
shall not be disclosed during the lifetime of the individual or so long as the business continues to be carried on, except as provided below.
 
    (2)  Subsection (1) does not apply to a disclosure made with the consent of the individual or the person for the time being carrying on the business.
 
    (3)  Subsection (1) does not apply to a disclosure if--
    (a)  it is made for the purpose of facilitating the performance of any functions of the Secretary of State, the Authority, the Council or the Competition Commission under the 1986 Act, the 1989 Act or this Act;
    (b)  it is required by a notice under section 38(1A) of the 1986 Act or section 28(2A) of the 1989 Act;
    (c)  it is made by a licence holder and is required to be made by a condition of his licence; or
    (d)  it is made by one licence holder to another and is required by that other licence holder for purposes connected with the carrying on of relevant activities.
    (4)  Subsection (1) does not apply to any disclosure of information made--
    (a)  for the purpose of facilitating the performance by a person or body mentioned in subsection (5) of any function under an Act or instrument specified in subsection (6);
    (b)  for the purpose of facilitating the performance by the Comptroller and Auditor General, the Health and Safety Commission or the Health and Safety Executive of any of his or its functions;
    (c)  for the purpose of facilitating the exercise by the Secretary of State of any power conferred by the Financial Services Act 1986 or by the enactments relating to companies, insurance companies or insolvency;
    (d)  for the purpose of facilitating the performance of the functions of an inspector appointed under the enactments relating to companies;
    (e)  for the purpose of facilitating the performance by an official receiver of his functions under the enactments relating to insolvency or by a recognised professional body for the purposes of section 391 of the Insolvency Act 1986 of its functions as such a body;
    (f)  in connection with the investigation of any criminal offence or for the purposes of any criminal proceedings;
    (g)  for the purposes of any civil proceedings brought under or by virtue of the 1986 Act, the 1989 Act, this Act or any Act or instrument specified in subsection (6) below; or
    (h)  in pursuance of a Community obligation.
    (5)  The persons and bodies specified for the purposes of subsection (4)(a) are--
    (a)  a Minister of the Crown;
    (b)  the Competition Commission;
    (c)  the Director General of Fair Trading;
    (d)  the Director General of Telecommunications;
    (e)  the Director General of Water Services;
    (f)  the Director General of Electricity Supply for Northern Ireland;
    (g)  the Director General of Gas for Northern Ireland;
    (h)  the Rail Regulator;
    (i)  the Civil Aviation Authority;
    (j)  the Insolvency Practitioners Tribunal;
    (k)  the Coal Authority; and
    (l)  a local weights and measures authority in Great Britain.
    (6)  The Acts and instruments specified for the purposes of subsection (4)(a) and (g) are--
    (a)  the Trade Descriptions Act 1968;
    (b)  the Fair Trading Act 1973;
    (c)  the Consumer Credit Act 1974;
    (d)  the Estate Agents Act 1979;
    (e)  the Competition Act 1980;
    (f)  the National Audit Act 1983;
    (g)  the Telecommunications Act 1984;
    (h)  the Airports Act 1986;
    (i)  the Insolvency Act 1986;
    (j)  the Consumer Protection Act 1987;
    (k)  the Control of Misleading Advertisements Regulations 1988;
    (l)  the Water Act 1989, the Water Industry Act 1991 or any of the other consolidation Acts (within the meaning of section 206 of the Water Industry Act 1991);
    (m)  the Electricity (Northern Ireland) Order 1992
    (n)  the Railways Act 1993;
    (o)  the Coal Industry Act 1994;
    (p)  the Gas (Northern Ireland) Order 1996;
    (q)  the Competition Act 1998.
    (7)  The Secretary of State may by order modify subsection (3), (4), (5) or (6).
 
    (8)  Nothing in subsection (1) above is to be construed either as limiting the matters which may be--
    (a)  published under section 33DA or 35 of the 1986 Act or section 42AA or 48 of the 1989 Act;
    (b)  made public by the Authority as part of a notice under section 26; or
    (c)  included in, or made public as part of, a report of the Authority, the Council or the Competition Commission under any provision of this Act, Part I of the 1986 Act or Part I of the 1989 Act;
or as applying to information which has been so published or has been made public as part of such a notice or such a report.
 
    (9)  A person who discloses any information in contravention of this section is guilty of an offence and liable--
    (a)  on summary conviction, to a fine not exceeding the statutory maximum;
    (b)  on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
    (10)  In this section--
    licence holder" means the holder of a gas licence or an electricity licence; and
    relevant activities", in relation to a licence holder means activities he is authorised by his licence to carry on (including, in the case of a gas transporter, the activities mentioned in section 7(1)(b) and (c) of the 1986 Act).
    (11)  Information obtained by the Authority in the exercise of functions which are exercisable concurrently with the Director General of Fair Trading under Part I of the Competition Act 1998 is subject to sections 55 and 56 of that Act (disclosure) and not to subsections (1) to (10) of this section.
 
    (12)  The power to make an order under subsection (7) is exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.")
General restrictions on disclosure of information.
  
Clause 3
 
  
BY THE LORD McINTOSH OF HARINGEY
 
282     Page 2, line 3, leave out from ("Directors")") to ("are") in line 4 
283     Page 2, line 23, at end insert--
 
    ("(  )  Subsection (6) has effect in relation to property, rights or liabilities to which it applies in spite of any provision (of whatever nature) which would prevent or restrict the transfer of the property, rights or liabilities otherwise than by that subsection.")
 
  
Schedule 3
 
  
BY THE LORD McINTOSH OF HARINGEY
 
284     Page 114, line 44, leave out ("or the Council") 
285     Page 115, line 35, leave out ("instruments, contracts and legal proceedings") and insert ("any document") 
286     Page 115, line 45, leave out ("IX") and insert ("XI") 
  
Clause 103
 
  
BY THE LORD KINGSLAND
THE BARONESS BUSCOMBE
 
287     Page 108, line 33, at end insert--
    (""Information Commissioner" has the same meaning as in the Freedom of Information Act 2000;")
 
 
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