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Lord McIntosh of Haringey moved Amendments Nos. 314 to 317:


("PART II
SECRETARY OF STATE'S LICENSING SCHEMES
Existing electricity supply licences

4I.--(1) This paragraph applies to any holder of an existing supply licence under section 6(1)(c) or (2) ("the supplier") who has made a transfer scheme under paragraph 2 which has been approved by the Secretary of State.
(2) As soon as practicable after the date specified in the Secretary of State's direction under paragraph 2(1) and in any event before the day on which section 6(2) of the 1989 Act (as substituted by section 29) comes into force, the Secretary of State shall make a scheme providing--
(a) for the supplier's existing supply licence to have effect as mentioned in paragraph 1(2); and
(b) if the supplier has nominated an associate or associates for either or both of the purposes of paragraph 1(6), for either or both of his existing generation and transmission licences to have effect as mentioned in paragraph 1(5).
(3) In making a scheme under this paragraph, the Secretary of State shall have regard to the provisions of the supplier's transfer scheme.
(4) In this paragraph "existing", in relation to a licence, means in force immediately before the passing of this Act.
4J.--(1) The Secretary of State shall as soon as practicable after the passing of this Act make a scheme providing for existing licences under section 6(1)(c) which--
(a) are held by a person whose activities include both of those mentioned in paragraph 1(1); and
(b) are not the subject of a scheme under paragraph 4I,
to have effect on and after such date as the scheme may specify as if it were--
(a) a distribution licence and a supply licence, each granted to the holder of the existing licence;
(b) a distribution licence; or

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(c) a supply licence.
(2) In this paragraph "existing", in relation to a licence, means in force immediately before the date mentioned in sub-paragraph (1).
4K.--(1) The Secretary of State shall as soon as practicable after the passing of this Act make a scheme, in relation to existing licences under section 6(1)(c) other than licences which--
(a) are the subject of a scheme under paragraph 4I; or
(b) fall within paragraph 4J(1),
providing for each such licence to have effect on and after such date as the scheme may specify as if it were a supply licence under section 6(1)(d).
(2) In this paragraph "existing", in relation to a licence, means in force immediately before the date mentioned in sub-paragraph (1).
4L.--(1) The Secretary of State shall as soon as practicable after the passing of this Act make a scheme, in relation to existing licences under section 6(2), providing for each such licence to have effect on and after such date as the scheme may specify as if it were--
(a) a supply licence under section 6(1)(d); or
(b) an exemption from section 4(1)(c) of the 1989 Act granted under section 5 of that Act (exemptions from prohibition).
(2) In this paragraph "existing", in relation to a licence, means in force immediately before the date mentioned in sub-paragraph (1).
4M.--(1) Subject to sub-paragraph (2), a scheme under paragraph 4I, 4J, 4K or 4L shall secure that each condition which by virtue of section 32(1) is a standard condition for the purposes of licences of the appropriate type is incorporated in any licence to be treated by virtue of the scheme as a supply licence or a distribution licence and, where the scheme makes the provision mentioned in paragraph 4I(2)(b), in any licence to be treated as a generation licence or as a transmission licence.
(2) Such a scheme may provide that each licence, and in the case of a scheme under paragraph 4L each exemption, which is to be treated as granted by virtue of the scheme (including both the terms and conditions of the licence or exemption which are derived from the existing licence and, in the case of a licence, the standard conditions which would otherwise be incorporated by virtue of sub-paragraph (1)) shall have effect with--
(a) such incidental, consequential and supplementary amendments as appear to the Secretary of State to be necessary or expedient; and
(b) such other amendments (if any) as may be agreed between the Secretary of State and the holder of the existing licence from which the licence or exemption is derived.
(3) Such a scheme may--
(a) make such transitional provision as appears to the Secretary of State to be necessary or expedient; and
(b) make different provision for different cases or classes of cases determined by, or in accordance with, the provisions of the scheme.
(4) As soon as practicable after making such a scheme the Secretary of State shall publish, as respects each different case or class of case--
(a) the text of each licence which is to be treated as a licence granted by virtue of the scheme; and
(b) in the case of a scheme under paragraph 4L, the text of any exemption which is to be treated as granted by virtue of the scheme.
(5) Any text so published shall be treated as authoritative unless the contrary is shown.
Existing generation and transmission licences

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4N.--(1) The Secretary of State may, before the day on which section 29 comes into force, make one or more schemes for securing (subject to sub-paragraph (2)) that, on and after that day, the standard conditions which by virtue of section 32(1) are standard conditions for the purposes of licences of the appropriate type are incorporated in each generation licence and each transmission licence which is in force immediately before that day.
(2) A scheme under this paragraph may provide that the terms and conditions of any existing licence to which it relates (including the standard conditions which would otherwise be incorporated by virtue of sub-paragraph (1)) shall have effect with--
(a) such incidental, consequential and supplementary amendments as appear to the Secretary of State to be necessary or expedient; and
(b) such other amendments (if any) as may be agreed between the Secretary of State and the holder of the licence.
(3) A scheme under this paragraph may--
(a) make such transitional provision as appears to the Secretary of State to be necessary or expedient; and
(b) make different provision for different cases or classes of cases determined by, or in accordance with, the provisions of the scheme.
(4) As soon as practicable after making such a scheme the Secretary of State shall publish, as respects each different case or class of case, the text on the commencement of section 29 of each licence to which the scheme relates as it has effect by virtue of the scheme.
(5) Any text so published shall be treated as authoritative unless the contrary is shown.
Existing gas licences

4O.--(1) The Secretary of State may, before the day on which section 80(2) comes into force, make one or more schemes for securing (subject to sub-paragraph (2)) that on and after that day the standard conditions which by virtue of section 80(2) are standard conditions for the purposes of gas licences of any type are incorporated in each gas licence of that type which is in force immediately before that day.
(2) A scheme under this paragraph may provide that the terms and conditions of any existing licence to which it relates (including both the terms and conditions of that licence and the standard conditions which would otherwise be incorporated by virtue of sub-paragraph (1)) shall have effect with--
(a) such incidental, consequential and supplementary amendments as appear to the Secretary of State to be necessary or expedient; and
(b) such other amendments (if any) as may be agreed between the Secretary of State and the holder of the licence.
(3) Such a scheme may--
(a) make such transitional provision as appears to the Secretary of State to be necessary or expedient; and
(b) make different provisions for different cases or classes of cases determined by, or in accordance with, the provisions of the scheme.
(4) As soon as practicable after making a scheme under this paragraph, the Secretary of State shall publish, as respects each different case or class of case, the text on the commencement of section 80(2) of each gas licence to which the scheme relates.
(5) Any text so published shall be treated as authoritative unless the contrary is shown.
Effect of licensing schemes

4P.--(1) On the day on which a scheme under this Part of this Schedule comes into operation, the licences to which it relates shall have effect as provided for by the scheme.
(2) The modification under paragraph 4M(2), 4N(2) or 4O(2) of part of what would otherwise be a standard condition of--

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(a) a licence to be treated as granted by virtue of a scheme under paragraph 4I, 4J or 4K; or
(b) a licence to which a scheme under paragraph 4L, 4N or 4O relates,
shall not prevent any other part of the condition which is not so modified being regarded as a standard condition for the purposes of Part I of the 1989 Act or Part I of the 1986 Act, as the case may be.
Provision of information by licence holders

4Q.--(1) It shall be the duty of each holder of a licence under the 1986 Act to provide the Secretary of State with all such information and other assistance as he may require for the purposes of or in connection with the exercise of any function conferred on him by paragraph 4O in relation to such licences.
(2) It shall be the duty of each holder of a licence under the 1989 Act to provide the Secretary of State with all such information and other assistance as he may require for the purposes of or in connection with the exercise of any function conferred on him by this Part of this Schedule in relation to such licences.
Consultation by Secretary of State

4R. The Secretary of State shall not exercise any function conferred on him by this Part of this Schedule except after consultation with--
(a) the Authority; and
(b) such holders of licences under the 1986 Act or such holders of licences under the 1989 Act as he considers appropriate.").


    Page 127, line 41, at end insert--


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