House of Commons Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

101

House of Commons

Thursday 9 June 2011

Public Bill Committee

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Energy Bill [Lords]

Note

The amendments have been arranged in accordance with the Order of the

Committee [7 June 2011].

Caroline Lucas

99

Clause  4,  page  5,  line  34,  leave out ‘energy efficiency improvements’ and insert

‘improvements’.

Member’s explanatory statement

This amendment along with related amendments, differentiates between all measures that could be

included in an ‘energy plan’, and measures which could attract Green Deal finance. The amend

ment seeks to ensure that householders are informed about all measures which could improve the

efficiency of their property.

Luciana Berger

Huw Irranca-Davies

35

Clause  4,  page  5,  line  34,  after ‘improvements’, insert ‘and that the

recommendations have been made without bias toward, or in promotion of, the products

or services of any one green deal provider, and that person has disclosed (in writing and

verbally) their connection with any green deal installer or green deal provider to the

improver and the bill payer.’.

Tessa Munt

Luciana Berger

Huw Irranca-Davies

Dr Alan Whitehead

42

Clause  4,  page  6,  line  6,  after ‘instalments’, insert ‘including the entire cost of the

financial package and any associated charges’.

Public Bill Committee: 9 June 2011
102

Energy Bill [Lords] continued

Caroline Lucas

105

Clause  4,  page  6,  line  6,  after ‘instalments,’, insert ‘including the entire cost of the

finance package,’.

Member’s explanatory statement

To clarify that the cost of any energy efficiency measures being installed under the Green Deal,

including the entire cost of the financial package, must not exceed the expected resultant savings

on the customer’s energy bills over a specified time scale.

Luciana Berger

Huw Irranca-Davies

36

Clause  4,  page  6,  line  11,  at end insert—

‘(9A)
The ninth condition is that the assessment must clearly detail those energy

efficiency improvements that qualify under the Green Deal and when making an

assessment the assessor must—

(a)
include all energy efficiency improvement options that qualify under the

Green Deal;

(b)
identify energy efficiency improvements that—

(i)
sit outside the Green Deal; or

(ii)
collectively exceed the total amount qualifiable under a Green

Deal plan, where this is clearly identified on the assessment.’.

Luciana Berger

Huw Irranca-Davies

Caroline Lucas

32

Clause  5,  page  7,  line  14,  at end insert—

‘(e)
a condition that the plan includes a term enabling the provision of

individual or community-based incentives to take up the Green Deal.’.

Luciana Berger

Huw Irranca-Davies

34

Clause  5,  page  7,  line  14,  at end insert—

‘(e)
a condition is that all fees that may be incurred by the householder or

landlord throughout a green deal plan are communicated to the

contracting householder or landlord in a clear, transparent and easy to

understand format prior to the deal being secured.’.

Dr Alan Whitehead

114

Clause  6,  page  7,  line  24,  at end insert—

‘(c)
the landlord’s consent to Green Deal improvements is unreasonably

withheld;

Public Bill Committee: 9 June 2011
103

Energy Bill [Lords] continued

(d)
the bill payer’s consent to Green Deal improvements is unreasonably

withheld.’.

Caroline Lucas

131


Clause  9,  page  9,  line  5,  leave out ‘may’ and insert ‘shall’.

Gregory Barker

45

Clause  17,  page  14,  line  3,  at end insert—

‘(3A)
Provision made by virtue of subsection (2)(b) which falls within subsection (3)(c)

may include provision requiring the holder of the licence, where a bill payer has

failed to pay a sum due under an energy bill, to remit a proportion of any payment

received to a green deal provider.’.

Caroline Lucas

106

Clause  17,  page  14,  line  3,  at end insert—

‘(g)
provision requiring the holder of the licence to disclose, via the

customer’s energy bill, any Green Deal payments being collected

through that bill as well as any arrears which may accumulate through

non-payment of Green Deal charges.’.

Member’s explanatory statement

This amendment would require energy companies to disclose any Green Deal payments on cus

tomers’ energy bills.

Gregory Barker

4

Clause  17,  page  14,  line  21,  at end insert ‘or nominated by a green deal provider’.

Tessa Munt

111

Clause  18,  page  14,  leave out subsection (2).

Tessa Munt

112

Clause  18,  page  14,  line  46,  at end insert—

‘(2A)
The modifications made by virtue of subsection (1) will, in particular—

(a)
have particular regard to the interests of consumers who are one or more

of the following—

(i)
disabled or chronically sick individuals;

(ii)
individuals of pensionable age;

(iii)
individuals on low income;

Public Bill Committee: 9 June 2011
104

Energy Bill [Lords] continued

(iv)
individuals with one or more resident children aged 16 or under;

(b)
prevent disconnection of the supply to a Green Deal property where—

(i)
the bill payer is in financial difficulties and is complying with an

agreement, or reduced repayment plan, of which the Green Deal

is part;

(ii)
the Green Deal charges were not disclosed to the purchasers or

tenant by the seller and/or landlord and/or their agents;

(iii)
the bill payer is in a legitimate dispute with the Green Deal

provider;

(iv)
a failure in the metering system, including pre-payment and

smart-meter systems, results in a consumer being unable to make

Green Deal payments; or

(v)
other circumstances as specified by the Secretary of State.’.

Gregory Barker

46

Clause  19,  page  15,  line  15,  leave out from ‘for’ to end of line 17 and insert ‘one or

both of the following two purposes only.

(2A)
The first purpose is the purpose of requiring, at specified times, the holder of the

licence to provide bill payers with specified information in connection with their

green deal plans.

(2B)
The second purpose is the purpose of requiring the holder of the licence to

disclose on request specified information about the payment of energy bills by a

person who is, or is to be, the bill payer for a property in respect of which there

is, or is proposed to be, a green deal plan.

(2C)
The only persons to whom the licence holder may be required to disclose

information by virtue of subsection (2B) are—

(a)
where there is a green deal plan, the green deal provider under the plan;

(b)
where there is proposed to be a green deal plan, a person who is

authorised under the framework regulations to act as a green deal

provider.

(2D)
The licence holder may be required to disclose the information requested only

where—

(a)
the green deal provider or authorised person states that the request is

made for purposes connected with the green deal plan or proposed green

deal plan;

(b)
the green deal provider or authorised person provides evidence that the

bill payer has consented to—

(i)
disclosure of the information to that provider or person for those

purposes, and

(ii)
onward disclosure of the disclosed information to and by other

other persons for those purposes;

(c)
the information relates to a time within the 5 years immediately

preceding the request; and

(d)
the licence holder has the information.’.

Gregory Barker

47

Clause  19,  page  15,  line  18,  after ‘power’, insert ‘under subsection (1)’.

Public Bill Committee: 9 June 2011
105

Energy Bill [Lords] continued

Gregory Barker

48

Clause  19,  page  15,  line  19,  leave out ‘form’ and insert ‘manner or form, or subject

to specified requirements or restrictions’.

Gregory Barker

49

Clause  19,  page  15,  line  19,  at end insert—

‘(4)
Conditions included in a licence under section 7A(1) of the Gas Act 1986 by

virtue of the power under subsection (1) and the purpose mentioned in subsection

(2B) may do any of the things authorised by section 7B(5)(a)(i) or (iii) of that Act

(which applies to the power of the Gas and Electricity Markets Authority with

respect to licence conditions under section 7B(4)(a)).

(5)
Conditions included in a licence under section 6(1)(d) of the Electricity Act 1989

by virtue of the power under subsection (1) and the purpose mentioned in

subsection (2B) may do any of the things authorised by section 7(3)(a) or (c) or

(4) of that Act (which applies to the power of the Gas and Electricity Markets

Authority with respect to licence conditions under section 7(1)(a)).’.

Caroline Lucas

107

Clause  22,  page  16,  line  23,  leave out subsection (4) and insert—

‘(4)
Modifications made under sections 17 to 20—

(a)
shall be made by statutory instrument;

(b)
shall not be made unless a draft has been laid before and approved by

resolution of each House of Parliament.’

Member’s explanatory statement

This amendment would make all modifications to the Gas Act 1986 or the Electricity Act 1989 sub

ject to the affirmative procedure in both Houses of Parliament.

Caroline Lucas

110

Page  19,  line  26,  leave out Clause 28.

Member’s explanatory statement

This Clause would exempt an energy supplier from giving notice for sums in arrears in relation to

the Green Deal.

Luciana Berger

Huw Irranca-Davies

82

Clause  30,  page  20,  line  37,  at end insert—

‘(6A)
Any order made by virtue of subsection (1) or (4)(b) must provide for—

(a)
a single point of contact for energy services consumers seeking advice

and redress;

Public Bill Committee: 9 June 2011
106

Energy Bill [Lords] continued

(b)
exercising of functions across energy services sectors to resolve

consumer complaints involving one or more energy services; and

(c)
sharing of complaints-handling data for the benefit of consumers, where

“energy services” include—

(i)
accredited energy services advice, including energy performance

certificates and Green Deal advice services;

(ii)
supply of energy or heating fuels, including gas;

(iii)
energy efficiency services, including those delivered under the

green deal or energy company obligation;

(iv)
smart metering services;

(v)
microgeneration systems;

(vi)
domestic renewable heat systems;

(vii)
district heating services;

(viii)
other specified services.’.

Gregory Barker

5

Clause  33,  page  22,  line  1,   leave out ‘this section’ and insert ‘subsection (2)’.

Gregory Barker

6

Clause  33,  page  22,  line  21,  at end insert ‘or, in Scotland, expenses’.

Gregory Barker

7

Clause  33,  page  22,  line  24,   leave out ‘this section’ and insert ‘subsection (2)’.

Gregory Barker

8

Clause  33,  page  22,  line  25,   at end insert—

‘(5A)
If the Scottish Ministers consider it appropriate for the purpose of, or in

consequence of, any provision falling within subsection (3)(a), (d), (f) or (g), they

may by regulations revoke or amend any subordinate legislation, or any provision

included in an instrument made under an Act of the Scottish Parliament, if the

provision making the revocation or amendment would be within the legislative

competence of the Scottish Parliament if it were included in an Act of that

Parliament.’.

Caroline Lucas

100

Clause  34,  page  22,  line  37,  after ‘about’, insert ‘energy plans or’.

Member’s explanatory statement

See explanatory statement relating to amendment 99.

Public Bill Committee: 9 June 2011
107

Energy Bill [Lords] continued

Caroline Lucas

108

Clause  35,  page  22,  line  43,  leave out subsections (2) to (6) and insert—

‘(2)
Before the Code is issued a draft of the code must be approved by resolution of

each House of Parliament.’.

Member’s explanatory statement

This amendment would make the code of practice for the purposes of the Green Deal subject to the

affirmative procedure in both Houses of Parliament

Gregory Barker

9

Clause  36,  page  23,  line  15,  after ‘Chapter’ insert ‘, other than those made by the

Scottish Ministers,’.

Caroline Lucas

109

Clause  36,  page  23,  line  17,  leave out subsections (3) to (5) and insert—

‘(3)
A statutory instrument containing regulations or an order under this chapter shall

not be made unless a draft has been laid before, and approved by, resolution of

each House of Parliament.’.

Member’s explanatory statement

This amendment would make any regulations or orders related to the Green Deal subject to the

affirmative procedure in both Houses of Parliament.

Gregory Barker

10

Clause  36,  page  23,  line  22,  leave out paragraph (b).

Gregory Barker

11

Clause  36,  page  23,  line  23,   after ‘33’ insert ‘(2)’.

Gregory Barker

12

Clause  36,  page  23,  line  29,  leave out subsection (6) and insert—

‘(6)
Regulations under section 10(2), 14(7) or (8) or 15(4) are subject to the negative

procedure.’.

Gregory Barker

13

Clause  36,  page  23,  line  30,  at end insert—

‘(6A)
Regulations under section 33(5A) are subject to the affirmative procedure.’.

Gregory Barker

50

Clause  36,  page  23,  line  44,  at end insert—

‘(8A)
Before amending under section 9 a provision of the Building Regulations 2010

(S.I. 2010/2214), the Secretary of State must, if and so far as the function under

which the provision was made is exercisable by the Welsh Ministers, obtain their

consent.’.



© Parliamentary copyright	Revised 9 June 2011