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

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Clause 102
 
  
BY THE LORD McINTOSH OF HARINGEY
 
90     Page 114, line 17, leave out from ("supplier"") to end of line 20 
  
Before Clause 103
 
  
BY THE LORD McINTOSH OF HARINGEY
 
91     Insert the following new Clause-- 
 
        ("  .--(1)  For the purposes of the exercise by the Authority of its functions under either or both of--
      (a)  section 33BC of the 1986 Act (energy efficiency requirements for gas transporters and suppliers) and any order made under that section, and
      (b)  section 41A of the 1989 Act (energy efficiency requirements for electricity distributors and suppliers) and any order made under that section,
    the Secretary of State may by order specify an overall target for the promotion of improvements in energy efficiency.
        (2)  Where an overall target applies in relation to both sections mentioned in subsection (1), the order specifying the target may make provision for the Authority to apportion the target between--
      (a)  persons who are gas transporters or gas suppliers (for the purposes of section 33BC of the 1986 Act and any order under that section); and
      (b)  persons who are electricity distributors or electricity suppliers (for the purposes of section 41A of the 1989 Act and any order under that section),
    by reference to such criteria as may be specified in the order.
        (3)  The Authority shall exercise its functions under the provisions mentioned in subsection (1) in relation to which an overall target applies (and in particular its functions relating to the determination of energy efficiency targets) in the manner it considers best calculated to result in the achievement of the overall target.
        (4)  Before making an order under this section the Secretary of State shall consult the Authority, the Council, gas transporters, gas suppliers, electricity distributors, electricity suppliers, and such other persons as he considers appropriate.
        (5)  An order under this section 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.")
Overall energy efficiency targets.
  
BY THE BARONESS BUSCOMBE
THE LORD KINGSLAND
 
92*     Insert the following new Clause-- 
 
        ("  .--(1)  Schedule 4 to the 1986 Act shall apply to an electricity distributor as it applies to a gas transporter as if, in each place where they occur, for the words "gas transporter" there were substituted "electricity distributor".
        (2)  Schedule 4 to the 1989 Act shall apply to a gas transporter as it applies to an electricity distributor as if, in each place where they occur, for the words "electricity distributor" there were substituted "gas transporter".
Stopping-up of roads and street works etc.
  
Schedule 6
 
  
BY THE LORD McINTOSH OF HARINGEY
 
93     Page 132, line 14, at end insert ("; and
      (c)  at the end of paragraph (b) there is inserted "; and--
      (c)  to any other person who holds a licence and whose interests may, in the opinion of the Authority, be affected by the grant."
    .  In section 15A (billing disputes)--
    (a)  for "domestic customer" (in each place) there is substituted "customer";
    (b)  subsection (10) shall cease to have effect.")
 
94     Page 132, line 15, leave out paragraphs 7 and 8 and insert--
 
    ("  .--(1)  Section 24 (modification references to Competition Commission) is amended as follows.
 
    (2)  In subsection (1)(a)(i) and subsection (1A)(a), for "required" there is substituted "regulated".
 
    (3)  In subsection (6) for "4 and 4A(1) and (2) above" there is substituted "4AA, 4AB and 4A".
 
    (4)  In subsection (8) for "and 26 below" there is substituted ", 26 and 26A.
 
    . In section 27(3) and (4) (modification by order under other enactments) for "required" there is substituted "regulated".")
 
95     Page 132, line 21, leave out ("inserted") and insert ("substituted") 
96     Page 132, line 30, at end insert ("33C,"") 
97     Page 133, line 5, at end insert--
 
    ("  .  In section 36(2) (keeping of register), in paragraph (c)--
    (a)  the words "made otherwise than by order" shall be omitted; and
    (b)  for "subsection (5)" there is substituted "subsection (7)".")
 
98     Page 133, line 12, at end insert--
    ("(  )  after the definition of "authorised area" there is inserted--
      authorised supplier" means a person authorised by a licence or exemption to supply to any premises gas which has been conveyed to those premises through pipes;
      authorised transporter" means a person authorised by a licence or exemption to convey gas through pipes to any premises or to a pipe-line system operated by a gas transporter.")
 
99     Page 133, line 14, after ("6A;";") insert--
    ("(  )  the definition of "domestic customer" shall be omitted;")
 
100     Page 134, line 39, after ("40A,") insert ("42,") 
101     Page 136, line 23, at end insert--
 
    ("  .--(1)  Section 44A (billing disputes) is amended as follows.
 
    (2)  In subsection (2)--
    (a)  for "a public electricity supplier" there is substituted "an electricity supplier";
    (b)  for "tariff customer" there is substituted "customer".
    (3)  In subsection (8)--
    (a)  for "public electricity supplier" there is substituted "electricity supplier";
    (b)  for "tariff customer" there is substituted "customer".
 
102     Page 136, line 23, at end insert--
 
    ("  . In section 59 (making of false statements etc.) in subsection (2)(a), for "a public electricity supplier" there is substituted ", or other person acting on behalf of, an electricity distributor or electricity supplier"
 
103     Page 137, line 12, at end insert-- 
 ("Rights of Entry (Gas and Electricity Boards) Act 1954 (c. 21) 
     .--(1)  The Rights of Entry (Gas and Electricity Boards) Act 1954 is amended as follows.
 
    (2)  In section 1(2) (restriction on exercise of rights), for "a public electricity supplier" there is substituted "an electricity operator".
 
    (3)  In section 2(1) (warrants)--
    (a)  for paragraph (a) there is substituted--
      (a)  that admission to premises specified in the information is reasonably required by a gas operator or an electricity operator or by an employee of a gas operator or an electricity operator;"; and
    (b)  for the words "supplier or any employee of the operator or supplier" (in paragraph (b) and the words following paragraph (c)) there is substituted "any employee of the operator".
    (4)  In section 2(3) for "a public electricity supplier" there is substituted "an electricity operator".
 
    (5)  In section 3 (interpretation)--
    (a)  in the definition of "employee", for paragraph (b) there is substituted--
      (b)  in relation to an electricity operator, an officer, servant or agent of the operator and any person authorised by such an agent";
    (b)  for the definition of "public electricity supplier" there is substituted--
      electricity operator" means an electricity distributor or an electricity supplier (within the meaning of Part I of the Electricity Act 1989);".")
 
  
Schedule 7
 
  
BY THE LORD McINTOSH OF HARINGEY
 
104     Page 139, line 13, leave out sub-paragraph (7) and insert--
 
    ("(7)  The same associate may not be nominated both for the purpose of sub-paragraph (6)(a) and for the purpose of sub-paragraph (3)(a) or (b) or (6)(b).")
 
105     Page 140, line 33, leave out ("this paragraph") and insert ("paragraph 1") 
106     Page 141, line 9, leave out ("9") and insert ("7") 
107     Page 141, line 22, leave out from ("by") to end of line 24 and insert ("sub-paragraph (2); and
    (b)  to the extent mentioned in those provisions as so modified;")
 
108     Page 141, line 43, leave out ("sub-paragraph (2)(a)") and insert ("sub-paragraphs (1) and (2)") 
109     Page 142, line 16, leave out ("commencement day") and insert ("effective date") 
110     Page 142, line 42, leave out ("commencement day") and insert ("effective date") 
111     Page 143, line 1, leave out ("commencement day") and insert ("effective date") 
112     Page 143, line 32, after ("(2)") insert ("of the 1989 Act") 
113     Page 143, line 33, leave out from ("2") to end of line 
114     Page 143, line 45, at end insert--
 
    ("(  )  A scheme under this paragraph shall have no effect in relation to an existing supply licence if the supplier's transfer scheme does not take effect.")
 
115     Page 144, line 2, leave out from ("scheme") to ("which") and insert ("under this paragraph in relation to existing licences under section 6(1)(c) of the 1989 Act") 
116     Page 144, line 6, at beginning insert--
 
    ("(1A)  A scheme under this paragraph shall provide for each licence to which it relates")
 
117     Page 144, line 14, after ("6(1)(c)") insert ("of the 1989 Act") 
118     Page 144, line 19, leave out ("under section 6(1)(d)") 
119     Page 144, line 23, after ("6(2)") insert ("of the 1989 Act") 
120     Page 144, line 26, leave out ("under section 6(1)(d)") 
121*     Page 144, line 45, after ("expedient;") insert--
    ("(  )  such amendments relating to the revocation of the licence or exemption as the Secretary of State thinks fit;")
 
122*     Page 145, line 22, after ("expedient;") insert--
    ("(  )  such amendments relating to the revocation of the licence as the Secretary of State thinks fit;")
 
123*     Page 145, line 47, after ("expedient;") insert--
    ("(  )  such amendments relating to the revocation of the licence as the Secretary of State thinks fit;")
 
  
Schedule 8
 
  
BY THE LORD McINTOSH OF HARINGEY
 
124     Page 152, line 6, column 3, at end insert ("and in subsection (9), the word "and" preceding paragraph (b)") 
125     Page 152, line 12, column 3, at end insert-- 
 ("Section 15A(10).") 
126     Page 152, line 36, column 3, after ("subsections") insert ("(3),") 
127     Page 152, line 44, column 3, after ("(a)") insert (", in paragraph (c) the words "made otherwise than by order"") 
128     Page 152, line 50, column 3, at end insert ("and the definition of "domestic customer"") 
129     Page 153, line 49, column 3, after ("subsections") insert ("(3),") 
  
Clause 108
 
  
BY THE LORD McINTOSH OF HARINGEY
 
130     Page 118, line 13, leave out from ("enactment") to end of line 14 and insert ("contained in any Act or subordinate legislation (including an enactment contained in this Act or in any Act passed or subordinate legislation made in the same Session as this Act).") 
 
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