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

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Clause 62
 
  
BY THE LORD JENKIN OF RODING
THE BARONESS BYFORD
THE LORD EZRA
 
53     Page 65, line 42, at end insert--
 
    ("(  )  Before making an order, the Secretary of State must consult those persons who appear to him to represent the generators of electricity from renewable resources--
    (a)  as to the current availability and projected generating capacity of the industry;
    (b)  as to the terms proposed in the order;
    (c)  as to any specific provisions that will be required in the order as to length and terms of any contracts to be made by electricity suppliers or otherwise;
    (d)  as to the sum and different such sums which are to correspond with the supply of a given amount of electricity generated in different ways under section 32C(2); and
    (e)  on such other matters, if any, as he considers appropriate,
to ensure that the provisions of the order will provide a suitable environment for investment in generating capacity for electricity from diverse renewable resources in order to meet the targets for production of electricity from renewable resources set by the Secretary of State.")
 
  
BY THE LORD JENKIN OF RODING
THE BARONESS BYFORD
 
54     Page 65, line 42, at end insert--
 
    ("(  )  Operators of generating stations producing electricity from renewable sources shall be permitted to supply electricity produced by the generating stations to more than one party.")
 
55     Page 65, line 42, at end insert--
 
    ("(  )  The making of an order will not be dependent on the coming into effect of separate distribution and supply licences.")
 
  
BY THE LORD JENKIN OF RODING
THE BARONESS BYFORD
THE LORD EZRA
 
56     Page 65, line 43, at end insert ("also") 
  
Clause 63
 
  
BY THE LORD JENKIN OF RODING
THE BARONESS BYFORD
THE LORD EZRA
 
57     Page 66, line 23, after ("for") insert ("electricity generated from different specified descriptions of renewable resource both concurrently and for") 
  
BY THE LORD McINTOSH OF HARINGEY
 
58     Page 67, line 27, at end insert--
 
("if the Secretary of State is of the opinion that the differences are such that no electricity supplier would be unduly disadvantaged in competing with other electricity suppliers")
 
  
Clause 64
 
  
BY THE LORD JENKIN OF RODING
THE BARONESS BYFORD
 
59     Page 67, line 46, at end insert--
 
    ("(  )  The operator of the generating station may sell such certificate to a party either in conjunction with a supply of electricity or separately therefrom.")
 
  
Clause 65
 
  
BY THE LORD JENKIN OF RODING
THE BARONESS BYFORD
THE LORD EZRA
 
60     Page 68, line 14, after ("may") insert ("in the circumstances set out in subsection (1A) below") 
61     Page 68, line 18, at end insert--
 
    ("(1A)  The circumstances referred to in subsection (1) above are--
    (a)  if in the view of the Secretary of State, after consulting with the Council and having regard to the stated target for production of electricity from renewable sources, the cost of electricity being charged to consumers has become excessive; or
    (b)  if suppliers of electricity can demonstrate to the satisfaction of the Secretary of State that electricity generated from renewable sources is not available to them without the cost of electricity to consumers becoming excessive.")
 
  
After Clause 65
 
  
BY THE LORD EZRA
THE BARONESS SHARP OF GUILDFORD
 
62     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)  electricity generated by approved systems of clean coal technology.")
Electricity from combined heat and power and clean coal technology.
  
Clause 66
 
  
BY THE LORD McINTOSH OF HARINGEY
 
63     Page 68, line 43, leave out subsection (1) 
  
Clause 67
 
  
BY THE LORD McINTOSH OF HARINGEY
 
64     Page 69, line 29, leave out from ("cost") to ("referred") in line 30 
  
Clause 69
 
  
BY THE LORD McINTOSH OF HARINGEY
 
65     Page 71, line 43, after ("of") insert ("the conditions of") 
  
Clause 70
 
  
BY THE LORD McINTOSH OF HARINGEY
 
66     Page 73, line 18, leave out from beginning to ("that") in line 28 and insert--
 
    ("(  )  An order under this section may specify criteria by reference to which the Authority is to determine energy efficiency targets for the electricity distributors or electricity suppliers on whom obligations are imposed by the order.
 
    (  )  The Secretary of State and the Authority shall carry out their respective functions under this section in the manner he or it considers is best calculated to ensure")
 
67     Page 74, line 34, after ("supplier") insert ("or to a gas transporter or gas supplier (within the meaning of Part I of the Gas Act 1986)")1986 c. 44.
  
Clause 74
 
  
BY THE LORD McINTOSH OF HARINGEY
 
68     Page 77, line 36, leave out ("inserted") and insert ("substituted") 
  
Clause 76
 
  
BY THE BARONESS BUSCOMBE
THE LORD KINGSLAND
 
69     Page 78, line 3, leave out subsection (1) 
70     Page 78, line 9, leave out subsection (3) 
71     Page 78, line 12, leave out subsection (4) 
72     Page 78, line 19, leave out subsection (5) 
73     Page 78, line 22, leave out subsection (6) 
  
Clause 77
 
  
BY THE BARONESS BUSCOMBE
THE LORD KINGSLAND
 
74     Page 79, line 3, 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 78
 
  
BY THE BARONESS BUSCOMBE
THE LORD KINGSLAND
 
75     Page 79, line 10, leave out subsection (1) to (3) 
  
Clause 79
 
  
BY THE LORD McINTOSH OF HARINGEY
 
76     Page 80, line 16, leave out subsection (5) 
  
Clause 84
 
  
BY THE LORD McINTOSH OF HARINGEY
 
77     Page 86, line 13, leave out from ("installed") to end of line 15 and insert ("by an authorised supplier on any premises shall not be used to recover any sum other than a sum owing to an authorised supplier in respect of the supply of gas to those premises or the provision of the meter."") 
78     Page 86, line 28, at end insert--
 
    ("(4)  In paragraph 23(2), for paragraph (c) there is substituted--
      (c)  exercising a power conferred by paragraph 3(5) or 7(3)(a) (and testing gas fittings, and making any adjustments required for their safe operation, after the exercise of the power)."")
 
  
Clause 88
 
  
BY THE LORD McINTOSH OF HARINGEY
 
79     Page 94, line 17, at end insert (; and
      (  )  any advice given by the Health and Safety Commission under section 4A (advice about health and safety in relation to gas)")
 
  
Clause 93
 
  
BY THE LORD McINTOSH OF HARINGEY
 
80     Page 100, line 6, leave out subsection (6) and insert--
        ("(6)  Subsection (3) shall cease to have effect.")
 
  
Clause 95
 
  
BY THE LORD BORRIE
THE LORD CURRIE OF MARYLEBONE
 
81     Page 102, line 3, at end insert--
        ("(6A)  No penalty imposed by the Authority under this section may exceed 10 per cent. of the turnover of the licence holder (determined in accordance with provisions specified in an order made by the Secretary of State).
          (6B)  An Order under subsection (6A) shall not be made unless a draft of the instrument containing it has been laid before and approved by a resolution of each House of Parliament.")
 
  
Clause 98
 
  
BY THE LORD McINTOSH OF HARINGEY
 
82     Page 108, line 5, leave out ("persons who supply gas") and insert ("authorised suppliers") 
83     Page 108, line 11, leave out from ("by") to ("provision") in line 15 and insert ("authorised shippers or authorised transporters (as well as by suppliers); and
      (b)  in relation to charges payable to suppliers,")
 
84     Page 108, line 27, leave out ("persons who supply or transport gas") and insert ("authorised suppliers, authorised shippers or authorised transporters") 
85     Page 109, line 12, leave out ("persons who supply or transport gas") and insert ("authorised suppliers, authorised shippers or authorised transporters") 
86     Page 109, line 21, leave out ("persons who supply or transport gas") and insert ("authorised suppliers, authorised shippers or authorised transporters"). 
87     Page 109, line 26, at end insert--
        ("(7)  In this section and section 41A "authorised shipper" means a person authorised by a licence or exemption to arrange with any gas transporter for gas to be introduced into, conveyed by means of, or taken out of a pipe-line system operated by that transporter."")
 
  
Clause 99
 
  
BY THE LORD McINTOSH OF HARINGEY
 
88     Page 109, line 45, leave out from beginning to ("that") in line 8 on page 110 and insert--
        ("(  )  An order under this section may specify criteria by reference to which the Authority is to determine energy efficiency targets for the gas transporters and gas suppliers on whom obligations are imposed by the order.
        (  )  The Secretary of State and the Authority shall carry out their respective functions under this section in the manner he or it considers is best calculated to ensure")
 
89     Page 111, line 14, after ("supplier") insert ("or to an electricity distributor or electricity supplier (within the meaning of Part I of the Electricity Act 1989)")1989 c. 29.
 
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