House of Commons Amendments

Session 2010 - 12
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Other Bills before Parliament

Notices of Amendments: 2 June 2011
23

Energy Bill-[ [], continued

Mr Gregory Barker

26


Schedule  1,  page  84,  line  19,  leave out paragraph 6.

Mr Gregory Barker

17


Clause  73,  page  56,  line  9,  leave out paragraph (b).

Mr Gregory Barker

18


Clause  73,  page  56,  line  10,  leave out subsection (6) and insert—

‘(6)
Regulations under this section are subject to the negative procedure.’.

Mr Gregory Barker

53


Clause  80,  page  62,  line  10,  after ‘have’, insert ‘piped’.

Mr Gregory Barker

54


Clause  80,  page  62,  line  14,  at end insert—

‘(1A)
This section does not apply by virtue of subsection (1)(c) where a person makes

an application to the owner of a gas processing facility for a right to have gas

processed by the facility for a downstream purpose (as to which, see section 12

of the Gas Act 1995).’.

Mr Gregory Barker

55


Clause  80,  page  63,  line  39,  at end insert—

‘(10A)
A notice under subsection (10) may also contain such provisions as the Secretary

of State considers appropriate for the purpose of ensuring that no person suffers

a loss by reason of the mixing together of—

(a)
substances conveyed by the pipeline or processed by the facility on

behalf of the applicant in exercise of a right secured by the notice; and

(b)
substances conveyed by the pipeline or processed by the facility by or on

behalf of any other person.’.

Mr Gregory Barker

56


Clause  80,  page  63,  line  48,  leave out from ‘applicant’ to end of line 3 on page 64

and insert—

‘(12A)
If a notice under subsection (10) contains provision of a sort mentioned in

subsection (9) or (10A) the Secretary of State must give a copy of the notice to

every person who has a right to have anything conveyed by the pipeline or

processed by the facility.

(12B)
Before giving a copy of a notice under subsection (12A) the Secretary of State

must—

Notices of Amendments: 2 June 2011
24

Energy Bill-[ [], continued

(a)
remove from the copy any provision included in the notice by virtue of

subsection (10)(d) or (11)(a); and

(b)
after giving the owner and the applicant an opportunity to be heard,

remove from the copy any other provision included in the notice which

the Secretary of State considers may prejudice the commercial interests

of the owner or the applicant if not removed.’.

Mr Gregory Barker

57


Clause  82,  page  65,  line  42,  leave out from beginning to ‘person’ in line 44 and

insert ‘If a notice under subsection (2) contains provision by virtue of subsection (4) the

Secretary of State must give a copy of the notice to every’.

Mr Gregory Barker

58


Clause  82,  page  65,  line  45,  at end insert—

‘(5A)
Before giving a copy of a notice under subsection (5) the Secretary of State

must—

(a)
remove from the copy any provision included in the notice by virtue of

subsection (3)(b); and

(b)
after giving the owner and the applicant an opportunity to be heard,

remove from the copy any other provision included in the notice which

the Secretary of State considers may prejudice the commercial interests

of the owner or the applicant if not removed.’.

Mr Gregory Barker

73


Schedule  2,  page  87,  line  21,  leave out paragraphs 8 to 10.

Mr Gregory Barker

74


Schedule  2,  page  87,  leave out lines 33 to 35 and insert—

‘“(A3)
Pipelines that are relevant upstream petroleum pipelines for the purposes of

section 80(1) of the Energy Act 2011 are excepted from the operation of this

section.”’.

Mr Gregory Barker

59


Clause  88,  page  70,  line  6,  leave out from second ‘facility’ to end of line 7 and

insert ‘which—

(a)
carries out gas processing operations in relation to piped gas;

(b)
is operated otherwise than by a gas transporter; and

Notices of Amendments: 2 June 2011
25

Energy Bill-[ [], continued

(c)
is not an LNG import or export facility (within the meaning of section 12

of the Gas Act 1995);’.

Mr Gregory Barker

60


Clause  88,  page  70,  line  12,  at end insert—

‘“piped gas” means gas which—

(a)
originated from a petroleum production project; and

(b)
has been conveyed only by means of pipes;’.

Mr Gregory Barker

61


Clause  88,  page  70,  line  18,  at end insert ‘and is not a carbon dioxide pipeline’.

Mr Gregory Barker

62


Clause  88,  page  70,  line  32,  at end insert—

‘“carbon dioxide pipeline” means—

(a)
a pipeline used to convey carbon dioxide to a carbon dioxide

storage site; or

(b)
a pipeline which is not being used for any purpose but which is

intended to be used to convey carbon dioxide to such a site;

“carbon dioxide storage site” means a facility—

(a)
for the storage of carbon dioxide (with a view to its permanent

disposal, or as an interim measure prior to its permanent

disposal); and

(b)
in respect of the use of which a person is required to have a

licence under section 18 of the Energy Act 2008;’

Mr Gregory Barker

63


Clause  95,  page  76,  line  32,  after ‘conditions of’, insert ‘generation, distribution

and supply’.

Mr Gregory Barker

64


Clause  95,  page  76,  line  35,  after ‘conditions of’, insert ‘transporter, supply and

shipping’.

Mr Gregory Barker

65


Clause  95,  page  76,  line  37,  at end insert—

‘(11A)
In section 146(5) of the Energy Act 2004 (standard conditions of interconnector

licences under Part 1 of the Electricity Act 1989), for “or under this Act”

substitute “, under this Act or under section 95 of the Energy Act 2011”.

Notices of Amendments: 2 June 2011
26

Energy Bill-[ [], continued

(11B)
In section 150(5) of the Energy Act 2004 (standard conditions of interconnector

licences under Part 1 of the Gas Act 1986), for “or under this Act” substitute “,

under this Act or under section 95 of the Energy Act 2011”.’.

Caroline Lucas

44


Page  80,  line  1,  leave out Clause 102.

Mr Gregory Barker

66


Clause  105,  page  81,  line  20,  leave out subsections (1) and (2) and insert—

‘(1)
The Home Energy Conservation Act 1995—

(a)
ceases to have effect in Scotland;

(b)
ceases to apply in relation to energy conservation authorities in Wales.

(2)
In section 1 of that Act (interpretation) in the definition of “energy conservation

measures” after “promotion,” insert “any available financial assistance,”.

(3)
In section 1 of the Sustainable Energy Act 2003 (annual report on the progress

towards sustainable energy aims)—

(a)
subsection (1)(e) and the “and” immediately preceding it cease to have

effect, and

(b)
subsection (1AA) ceases to have effect.

(4)
In section 4 of that Act (energy efficiency of residential accommodation: energy

conservation authorities) subsection (13)(b) ceases to have effect.’.

Mr Gregory Barker

67


Clause  105,  page  81,  line  27,  leave out subsection (4).

Mr Gregory Barker

75


Page  88,  line  20,  leave out Schedule 3.

Mr Gregory Barker

27


Clause  106,  page  82,  line  2,  after ‘Wales),’ insert—

‘(ea)
section [Energy efficiency aim],’.

Notices of Amendments: 2 June 2011
27

Energy Bill-[ [], continued

Mr Gregory Barker

19


Clause  106,  page  82,  line  11,   at end insert—

‘(ca)
section 33(5A) (green deal appeals: revocation or amendment of

delegated legislation by Scottish Ministers),’.

Mr Gregory Barker

68


Clause  106,  page  82,  line  15,  at end insert—

‘( )
Section [Renewable heat incentives in Northern Ireland] (renewable heat

incentives in Northern Ireland) extends to Northern Ireland only.

( )
Section [Power for Gas and Electricity Markets Authority to act on behalf of

Northern Ireland authority in connection with scheme under section [Renewable

heat incentives in Northern Ireland]] (power for Gas and Electricity Markets

Authority to act on behalf of Northern Ireland authority in connection with

scheme under section [Renewable heat incentives in Northern Ireland]) extends

to England and Wales, Scotland and Northern Ireland.’.

Mr Gregory Barker

20


Clause  106,  page  82,  line  18,  leave out ‘28’ and insert ‘[Early repayment of green

deal finance]’.

Mr Gregory Barker

21


Clause  107,  page  82,  line  25,  leave out ‘made by statutory instrument’.

Mr Gregory Barker

22


Clause  107,  page  82,  line  31,   at end insert—

‘(ca)
section 33(5A) (green deal appeals: revocation or amendment of

delegated legislation by Scottish Ministers);’.

Mr Gregory Barker

69


Clause  107,  page  82,  line  46,  at end insert—

‘(ha)
section [Regulation of security of nuclear construction sites] (regulation

of security of nuclear construction sites);’.

Mr Gregory Barker

70


Clause  107,  page  83,  line  2,  at end insert—

‘( )
section [Abandonment: infrastructure converted for CCS demonstration

projects] (abandonment: infrastructure converted for CCS demonstration

projects).’.

Notices of Amendments: 2 June 2011
28

Energy Bill-[ [], continued

Mr Gregory Barker

71


Clause  107,  page  83,  line  2,  at end insert—

‘( )
sections [Renewable heat incentives in Northern Ireland] and [Power for

Gas and Electricity Markets Authority to act on behalf of Northern

Ireland authority in connection with scheme under section [Renewable

heat incentives in Northern Ireland]] (renewable heat incentives in

Northern Ireland).’.

Mr Gregory Barker

23


Clause  107,  page  83,  line  4,  at end insert—

‘(a)
section [Preparatory expenditure: framework regulations] (preparatory

expenditure: framework regulations);’.

Mr Gregory Barker

72


Clause  107,  page  83,  line  11,  leave out ‘to 4, 6’ and insert ‘, 3, 4’.

Mr Gregory Barker

24


Clause  108,  page  83,  line  23,  leave out subsection (2).

new clauses

Early repayment of green deal finance

Mr Gregory Barker

NC3


To move the following Clause:—

‘(1)
The Consumer Credit Act 1974 is amended as follows.

(2)
After section 95A (compensatory amount to creditor in relation to early

repayment) insert—

“95B
Compensatory amount: green deal finance

(1)
This section applies where—

(a)
a regulated consumer credit agreement provides for the rate of

interest on the credit to be fixed for a period of time (“the fixed

rate period”),

(b)
the agreement is a green deal plan (within the meaning of section

1 of the Energy Act 2011) which is of a duration specified for the

purposes of this section in regulations, and

(c)
under section 94 the debtor discharges all or part of his

indebtedness during the fixed rate period.

Notices of Amendments: 2 June 2011
29

Energy Bill-[ [], continued

(2)
The creditor may claim an amount equal to the cost which the creditor has

incurred as a result only of the debtor’s indebtedness being discharged

during the fixed rate period if—

(a)
the amount of the payment under section 94 is not paid from the

proceeds of a contract of payment protection insurance, and

(b)
such other conditions as may be specified for the purposes of this

section in regulations are satisfied.

(3)
The amount in subsection (2)—

(a)
must be fair,

(b)
must be objectively justified,

(c)
must be calculated by the creditor in accordance with provision

made for the purposes of this section in regulations, and

(d)
must not exceed the total amount of interest that would have been

paid by the debtor under the agreement in the period from the

date on which the debtor makes the payment under section 94 to

the date fixed by the agreement for the discharge of the

indebtedness of the debtor.

(4)
If a creditor could claim under either section 95A or this section, the

creditor may choose under which section to claim.”

(3)
In section 94 (right to complete payments ahead of time)—

(a)
in subsection (1) after “section 95A(2)” insert “or section 95B(2)”;

(b)
in subsection (5) after “section 95A(2)” insert “or section 95B(2)”.

(4)
In subsection (2)(c) of section 97A (duty to give information on partial

repayment) after “section 95A(2)” insert “or section 95B(2)”.’.

Exercise of scheme functions on behalf of the Secretary of State or a public body

Mr Gregory Barker

NC4


To move the following Clause:—

‘(1)
This section applies to any function exercisable in connection with the scheme

established by the framework regulations.

(2)
The Secretary of State may arrange for such a function to be exercised by any

body or person on behalf of the Secretary of State.

(3)
A public body specified in relation to such a function in an order made by virtue

of section 30(1)(a) may arrange for the function to be exercised by any other body

or person on its behalf.

(4)
Arrangements under this section—

(a)
do not affect the responsibility for the exercise of the function;

(b)
may include provision for payments to be made to the body or person

exercising the function under the arrangements.’.



© Parliamentary copyright	Revised 3 June 2011