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| |
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| | Regulations or above (or any higher level set in accordance with |
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| | |
| | (4) | The Secretary of State may by order amend the definition of “energy performance |
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| | certificate” in subsection (3). |
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| | (5) | The Secretary of State shall, no later than 31 December 2019, amend the |
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| | regulations to raise the minimum energy efficiency standard. |
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| | (6) | Domestic minimum standard regulations shall come into force no later than 1 |
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| | |
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| | Further provision about domestic minimum standard regulations: England and Wales |
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| To move the following Clause:— |
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| | ‘(1) | Domestic minimum standard regulations may in particular include provisions |
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| | |
| | (a) | exemptions from any requirement imposed by or under the regulations; |
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| | (b) | the making of an order by the Secretary of State to suspend the |
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| | regulations for periods not exceeding one calendar year within any local |
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| | authority area provided the Secretary of State— |
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| | (i) | is satisfied in respect of every calendar year suspension of the |
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| | regulations that there is evidence that the regulations have |
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| | resulted in a significant shortage in the supply of domestic PR |
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| | property in that local authority area; and |
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| | (ii) | publishes the order and the reasons it was made and the evidence |
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| | |
| | (2) | Provision falling within subsection (1)(a) inlcudes, in particular, provision about |
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| | exemptions relating to any necessary permissions or consents.’. |
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| |
| | Sanctions for the purposes of domestic minimum standard regulations: England and |
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| | |
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| | |
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| To move the following Clause:— |
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| | ‘(1) | Domestic minimum standard regulations shall include in particular provisions for |
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| | the purpose of securing compliance with requirements imposed on landlords by |
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| | or under the regulations including granting powers to local authorities to carry out |
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| | relevant energy efficiency works to domestic PR properties under the regulations |
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| | and recover the costs from the landlord. |
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| | (2) | Provision falling within subsection (1) includes, in particular, provision— |
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| | (a) | for a local authority to enforce any requirement imposed by or under the |
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| | |
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| |
| |
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| | (b) | about the sanctions for non-compliance with a requirement imposed by |
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| | or under the regulations; |
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| | (c) | about the sanctions for the provision of false information in connection |
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| | with such a requirement, including in cases falling within paragraph (b) |
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| | or (c), the imposition of a civil penalty by a local authority. |
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| | (3) | The regulations will make provision for a civil penalty not exceeding £5,000 to |
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| | be imposed on any person who markets or lets a domestic PR property which does |
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| | not meet the minimum standard regulations on or after 1 January 2016. |
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| | (4) | The regulations must also include provision for a right of appeal to a court or |
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| | tribunal against the imposition of the civil penalty. |
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| | (5) | Provision falling within subsection (4) includes, in particular, provision— |
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| | (a) | as to the jurisdiction of the court or tribunal to which an appeal may be |
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| | |
| | (b) | as to the grounds on which an appeal may be made; |
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| | (c) | as to the procedure for making an appeal (including any fee which may |
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| | |
| | (d) | suspending the imposition of the penalty, pending determination of the |
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| | |
| | (e) | as to the powers of the court or tribunal to which an appeal is made; |
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| | (f) | as to how any sum payable in pursuance of a decision of the court or |
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| | tribunal is to be recoverable. |
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| | (6) | The provision referred to in sub-paragraph (5)(e) includes provision conferring |
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| | on the court or tribunal to which an appeal is made power— |
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| | (a) | to confirm the penalty; |
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| | (b) | to withdraw the penalty; |
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| | (c) | to vary the amount of the penalty; |
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| | |
| | (7) | If the Secretary of State considers it appropriate for the purpose of, or in |
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| | consequence of, any provision falling within sub-paragraph (5)(a), (c), (e) or (f), |
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| | domestic mimimum standard regulations may revoke or amend any subordinate |
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| | legislation in so far as the subordinate legislation extends to England and Wales. |
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| | (8) | In this section “subordinate legislation” has the meaning given in section 21(1) of |
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| | the Interpretation Act 1978.’. |
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| |
| | Protection from eviction under section 21 of the Housing Act 1988 |
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| |
| | |
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| To move the following Clause:— |
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| | ‘(1) | No section 21 notice (meaning a notice under section 21(1)(b) or (4) of the |
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| | Housing Act 1988) may be given in relation to a tenancy at any time after a |
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| | request in compliance with the regulations under sections 43, 44 or 45 has been |
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| | made by a tenant of a domestic PR property under section 43(3) until such time |
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| | as the landlord of the property has responded to the request in compliance with |
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| | |
| | (a) | in circumstances where the landlord has refused the request, until such |
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| | time as the court has ruled whether the refusal was reasonable or not; or |
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| |
| |
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| | (b) | in circumstances where the landlord has accepted the request, until such |
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| | time as the relevant energy efficiency improvements have been made.’. |
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| |
| | |
| |
| | |
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| To move the following Clause:— |
|
| | ‘(1) | A local authority must consider whether the drawing up and publishing of a |
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| | sustainable energy plan would have either of the following effects, namely to— |
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| | (a) | increase its efficiency regarding; or |
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| | (b) | in any other way assist with |
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| | the discharge of its functions. |
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| | (2) | If in the opinion of a local authority the drawing up and publishing of a |
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| | sustainable energy plan would— |
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| | (a) | have either of the effects specified in subsection (1); and |
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| | (b) | assist with the purposes of this Act |
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| | then it must draw up, publish and implement a sustainable energy plan. |
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| | (3) | Without prejudice to the generality a plan must specify the steps that the local |
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| | authority proposes to take to promote— |
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| | |
| | |
| | |
| | (d) | combined heat and power; and |
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| | (e) | cost effective action with or by residents, local organisations or |
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| | businesses that would assist with the reduction of greenhouse gases, the |
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| | achievement of energy security or the mitigation of fuel poverty. |
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| | (4) | A plan prepared by a local authority may— |
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| | (a) | request such new functions as in the opinion of the council would enable |
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| | it to make a greater contribution to achieving the objectives specified in |
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| | |
| | (b) | make a recommendation to the Secretary of State for a transfer of |
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| | functions from another body to itself provided that no such |
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| | recommendation may be made unless the council has consulted the |
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| | person to whose functions it relates. |
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| | (5) | Within 6 months of receiving any request pursuant to subsection (4)(a) or |
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| | recommendation pursuant to subsection (4)(b) the Secretary of State must— |
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| | (a) | either adopt and implement, or take the necessary steps to commence the |
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| | process of implementation, |
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| | |
| | the request or recommendation and in either case shall give reasons for his |
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| | |
| | (6) | Where any functions are conferred or transferred pursuant to this section, the |
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| | Secretary of State shall ensure that the monies necessary for the discharge of |
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| | those functions are provided or transferred. |
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| |
| |
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| | (7) | Any principal council on which functions are conferred or to which functions are |
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| | transferred under this section must determine how the functions are then |
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| | |
| | (8) | Where the Secretary of State is spending money in an area covered by a plan in |
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| | order to achieve any of the objectives specified in section (1), and in this |
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| | |
| | (a) | any measure contained in a plan is a more efficient way of achieving his |
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| | |
| | |
| | then he shall provide resources for the principal council to implement those |
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| | |
| | (9) | Where any person submits to his local authority a proposal that would in the |
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| | opinion of the authority be a cost effective method of assisting with— |
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| | (a) | the reducation of greenhouse gases, or |
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| | (b) | the achievement of energy security, or |
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| | (c) | the mitigation of fuel poverty, |
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| | the authority must include that proposal in any plan prepared pursuant to this |
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| | section or, if it has not prepared such a plan, implement the proposal.’. |
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| |
| | |
| |
| | |
|
| To move the following Clause:— |
|
| | ‘(1) | Local housing authorities shall be empowered to arrange, with green deal |
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| | providers, energy saving schemes that cover the whole or a part of housing |
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| | estates, roads, districts or other local communities. They will negotiate on behalf |
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| | of improvers so as to obtain savings that arise from economies of scale, which |
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| | will be passed on to individual improvers.’. |
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| |
| | |
| |
| |
| | |
|
| To move the following Clause:— |
|
| | ‘(1) | After consultation with electricity and gas retail sellers, and consumer groups, the |
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| | Secretary of State shall introduce regulations that make it mandatory for |
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| | electricity and gas through pipeline supply companies supplying to domestic |
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| | properties to configure their tariffs so that the initial units of energy supplied are |
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| | at a lower cost to the consumer than remaining units. |
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| | (2) | The principles of the scheme shall be— |
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|
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| |
| |
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| | (a) | that the number of lower priced initial units shall represent the average |
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| | amount of energy required for a household of that size to keep warm, |
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| | clean and fed to a modest but acceptable standard; |
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| | (b) | the tariff price for the initial units shall be equal to the medium term |
|
| | marginal cost of the production of that energy; |
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| | (c) | overall, the new combined tariff should be revenue neutral to the energy |
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| | |
| | (3) | The scheme and its tariffs will be assessed and audited by the Office of the Gas |
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| | and Electricity Markets, who will also be responsible for the capture, analysis, |
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| | and reporting of all information to the Secretary of State regarding the |
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| | implementation and management of the scheme.’. |
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| |
| |
| | |
| Title, line 7, after ‘infrastructure’, insert ‘and downstream gas processing facilities’. |
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| |
| | |
| Title, line 10, after ‘electricity;’, insert ‘about the security of nuclear construction sites;’. |
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| |
| | |
| Title, line 10, after ‘sites;’ insert ‘for an annual report on contribution to carbon |
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| emissions reduction targets; for action relating to the energy efficiency of residential |
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| accommodation in England;’. |
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| |
| | |
| Title, line 10, after ‘sites’, insert ‘and offshore infrastructure; for the use of pipelines for |
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| carbon capture and storage’. |
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| |
| | |
| Title, line 10, after ‘sites;’, insert ‘about renewable heat incentives in Northern Ireland;’. |
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| |
| | |
| Title, line 11, after ‘Authority;’, insert ‘for an amendment of section 137 of the Energy |
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| |
| |
| | |
| Title, line 11, after third ‘the’, insert ‘amendment and’. |
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| |
| | Order of the House [10 maY 2011] |
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| | That the following provisions shall apply to the Energy Bill [Lords]— |
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| |
| |
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| | |
| | 1. | The Bill shall be committed to a Public Bill Committee. |
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| | Proceedings in Public Bill Committee |
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| | 2. | Proceedings in the Public Bill Committee shall (so far as not previously |
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| | concluded) be brought to a conclusion on Tuesday 21 June 2011. |
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| | 3. | The Public Bill Committee shall have leave to sit twice on the first day on |
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| | |
| | Consideration and Third Reading |
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| | 4. | Proceedings on consideration shall (so far as not previously concluded) be |
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| | brought to a conclusion one hour before the moment of interruption on the |
|
| | day on which those proceedings are commenced. |
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| | 5. | Proceedings on Third Reading shall (so far as not previously concluded) be |
|
| | brought to a conclusion at the moment of interruption on that day. |
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| | 6. | Standing Order No. 83B (Programming committees) shall not apply to |
|
| | proceedings on consideration and Third Reading. |
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| | |
| | 7. | Any other proceedings on the Bill (including any proceedings on |
|
| | consideration of any Message from the Lords) may be programmed. |
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| |
|