House of Commons Amendments

Session 2010 - 12
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Other Bills before Parliament

Public Bill Committee: 7 June 2011
70

Energy Bill [Lords] Continued

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

projects] (abandonment: infrastructure converted for CCS demonstration

projects).’.

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”),

Public Bill Committee: 7 June 2011
71

Energy Bill [Lords] Continued

(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.

(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;

Public Bill Committee: 7 June 2011
72

Energy Bill [Lords] Continued

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

exercising the function under the arrangements.’.

Preparatory expenditure: framework regulations

Mr Gregory Barker

NC5

To move the following Clause:—

‘The Secretary of State may, before the framework regulations are made, incur

expenditure for the purpose of, or in connection with, preparing for a scheme of

the kind provided for by section 3.’

Contribution to carbon budgeting under the Climate Change Act 2008

Mr Gregory Barker

NC6

To move the following Clause:—

‘(1)
The Secretary of State must prepare and publish an annual report on the extent to

which—

(a)
green deal plans under Chapter 1 of Part 1, and

(b)
the energy company obligations provisions,


have contributed to the Secretary of State fulfilling the duty under section 4(1)(b)

of the Climate Change Act 2008 (carbon budgeting).

(2)
The “energy company obligations provisions” means—

(a)
sections 33BC and 33BD of the Gas Act 1986 and sections 41A and 41B

of the Electricity Act 1989 (promotion of reductions in carbon emissions

and home-heating costs),

(b)
sections 103 and 103A of the Utilities Act 2000 (overall carbon

emissions and home-heating cost reduction targets), and

(c)
section 103B of the Utilities Act 2000 (Secretary of State’s power to

require information about carbon emissions and home-heating cost

reduction targets).

(3)
The first report under this section must be published before the end of 2014.

(4)
The Secretary of State must lay before Parliament a copy of each report under this

section.’.

Public Bill Committee: 7 June 2011
73

Energy Bill [Lords] Continued

Energy efficiency aim

Mr Gregory Barker

NC7

To move the following Clause:—

‘(1)
The Secretary of State must take such action as he considers appropriate to

improve the energy efficiency of residential accommodation in England so as to

contribute to the Secretary of State fulfilling the duty under section 1(1) of the

Climate Change Act 2008 (reduction of net UK carbon account by 2050).
5
(2)
In subsection (1) “residential accommodation” has the meaning given by section

1 of the Home Energy Conservation Act 1995.

(3)
Section 2 of the Sustainable Energy Act 2003 (energy efficiency of residential

accommodation) ceases to have effect.

(4)
In section 9 of the Sustainable Energy Act 2003 (citation, extent and
10
commencement), in subsections (3) and (5) leave out “2,”.’.

As Amendments to Mr Gregory Barker’s proposed New Clause (Energy efficiency

aim) (NC7):—

Caroline Lucas

(a)

Line  4,  leave out from ‘contribute’ to ‘account by 2050).’ and insert ‘achieve a 29

per cent. decrease in emissions of carbon dioxide from residential

accommodation by 2022 (based on 2008 levels).’.

Member’s explanatory statement

This amendment will require the Government to achieve a 29 per cent. decrease in emissions of

carbon dioxide from residential accommodation by 2022 (based on 2008 levels), through energy

efficiency measures.

Caroline Lucas

(b)

Line  4,  at end insert—

‘(1A)
The Secretary of State must increase the aim specified in subsection (1) if in his

opinion it is desirable or necessary to do so in order to contribute to the Secretary

of State fulfilling his duty under section 1(1) of the Climate Change Act 2008

(reduction of new UK carbon account by 2050).’

Member’s explanatory statement

See amendment (a) to NC7.

Acquisition of rights to use gas processing facilities for downstream purposes

Mr Gregory Barker

NC11

To move the following Clause:—

‘(1)
Section 12 of the Gas Act 1995 (acquisition of rights to use gas processing

facilities) is amended as follows.

(2)
In the heading at the end insert “for downstream purposes”.

Public Bill Committee: 7 June 2011
74

Energy Bill [Lords] Continued

(3)
For “the Secretary of State” (in each place those words occur) substitute “the

Authority”.

(4)
In subsection (1)—

(a)
in the words before paragraph (a), after “gas processing facility” insert

“which processes gas for a downstream purpose”;

(b)
in that paragraph for “on that person’s behalf” substitute “for such a

purpose”.

(5)
After subsection (1) insert—

“(1ZA)
At least two months before publishing those conditions or any changes to

them under subsection (1), the owner of the facility must—

(a)
publish a draft of the proposed conditions or changes; and

(b)
inform any person who has a right to have gas processed by the

facility that the draft has been published.

(1ZB)
The owner of the facility must take into account any representations

received about the proposed conditions or changes before publishing

them, or a modified version of them, as final conditions or changes under

subsection (1).”

(6)
In subsection (1B) for “on his behalf” substitute “for a downstream purpose”.

(7)
In subsection (1D)—

(a)
omit the “and” immediately preceding paragraph (c);

(b)
after paragraph (c) insert “; and

(d)
that the gas is to be processed for a downstream

purpose”.

(8)
In subsection (1G) for “he” substitute “it”.

(9)
In subsection (2)(b) for “his” substitute “its”.

(10)
For subsections (5) and (5A) substitute—

“(5)
Sections 28 to 30F of the 1986 Act (enforcement of relevant requirements

etc) apply in relation to the owner of a gas processing facility as if—

(a)
references to “a licence holder” were references to the owner of

the facility; and

(b)
references to a “relevant requirement” were references to a

requirement imposed on the owner under this section.

(5A)
For the purposes of this section, gas is processed for “a downstream

purpose” if it is processed with a view to its being put into a gas storage

facility, an LNG import or export facility, a gas interconnector or a

distribution system pipeline.”

(11)
In subsection (6)—

(a)
in the definition of “gas processing facility” for the words from “carries”

to the end substitute “—

(a)
carries out gas processing operations;

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

(c)
is not an LNG import or export facility;”;

(b)
insert, in the appropriate place, the following definitions—

““authorised transporter” has the same meaning as in Part 1 of the

1986 Act;”;

““the Authority” means the Gas and Electricity Markets

Authority;”;

““distribution system operator” has the meaning given by Article

2(6) of Directive 2009/73/EC of the European Parliament and of

Public Bill Committee: 7 June 2011
75

Energy Bill [Lords] Continued

the Council of 13 July 2009 concerning common rules for the

internal market in natural gas and repealing Directive 2003/55/

EC;”;

““distribution system pipeline” means a pipeline operated by an

authorised transporter who is a distribution system operator;”;

““gas interconnector” has the same meaning as in Part 1 of the 1986

Act;”;

““gas storage facility” means a facility in Great Britain (including

the territorial sea adjacent to Great Britain and the sea in any area

designated under section 1(7) of the Continental Shelf Act 1964)

for either or both of the following—

(a)
the storage in porous strata, or in cavities in strata, of gas

which has been, or will be, conveyed in a pipeline

system operated by the holder of a licence under section

7 or 7ZA of the 1986 Act;

(b)
the storage of liquid gas which, if regasified, would be

suitable for conveyance through pipes to premises in

accordance with a licence under section 7 of the 1986

Act;

but the reference in paragraph (b) to the storage of liquid gas

does not include such temporary storage as is mentioned in the

definition of “LNG import or export facility”;”;

““LNG import or export facility” means a facility in Great Britain

(including the territorial sea adjacent to Great Britain and the sea

in any area designated under section 1(7) of the Continental

Shelf Act 1964) for—

(a)
the importation into Great Britain and regasification of

liquid gas prior to its conveyance to a pipeline system

operated by the holder of a licence under section 7 or

section 7ZA of the 1986 Act, or the liquefaction of gas

for the purpose of its export from Great Britain; and

(b)
any activity, including temporary storage of gas or liquid

gas, which is necessary for that importation,

regasification or liquefaction;”;

““storage”, in relation to liquid gas in a gas storage facility, includes

any liquefaction of gas or regasification of liquid gas ancillary to

the storage of liquid gas, and “stored”, in relation to liquid gas in

a gas storage facility, shall be construed accordingly;”.

(12)
For subsection (7) substitute—

“(7)
Section 89 of the Energy Act 2011 (meaning of “associate”) applies for

the purposes of subsection (3) of this section as it applies for the purposes

of section 80(6)(d) and (8)(a) of that Act.”’.

Regulation of security of nuclear construction sites

Mr Gregory Barker

NC12

To move the following Clause:—

Public Bill Committee: 7 June 2011
76

Energy Bill [Lords] Continued

‘(1)
Section 77 of the Anti-terrorism, Crime and Security Act 2001 (regulation of

security of civil nuclear industry) is amended as follows.

(2)
In subsection (1) (list of matters that may be regulated) after paragraph (c)

insert—

“(cza)
nuclear construction sites and equipment used or stored on such

sites;”.

(3)
In subsection (7) after the definition of “equipment” insert—

““nuclear construction site” means a site—

(a)
on which works are being carried out with a view to its becoming

a nuclear site used wholly or mainly for purposes other than

defence purposes; and

(b)
which is situated within 5 kilometres of an existing nuclear

site.”’.

Abandonment: infrastructure converted for CCS demonstration projects

Mr Gregory Barker

NC13

To move the following Clause:—

‘(1)
The Energy Act 2008 is amended as follows.

(2)
After section 30 insert—

“30A
Installations converted for CCS demonstration projects

(1)
The Secretary of State may by order designate an installation as an

eligible CCS installation.

(2)
But an order may not be made under subsection (1) in relation to—

(a)
a carbon storage installation established or maintained under a

licence granted by the Scottish Ministers, or

(b)
any other installation established or maintained wholly or partly

in Scotland.

(3)
An order under subsection (1) ceases to have effect if the installation in

relation to which it is made becomes an installation within subsection

(2)(a).

(4)
An eligible CCS installation qualifies for change of use relief if—

(a)
the installation is or has been used as part of a CCS

demonstration project, and

(b)
the trigger event has occurred in relation to the installation at a

time when the installation was so used (whether before or after it

was designated under this section).

(5)
The trigger event occurs—

(a)
in relation to an installation used for the injection of captured

carbon dioxide into a carbon storage facility as part of a CCS

demonstration project, when captured carbon dioxide is first

present at the installation, and



© Parliamentary copyright	Revised 7 June 2011