House of Commons Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

Public Bill Committee: 9 June 2011
108

Energy Bill [Lords] continued

Gregory Barker

51

Clause  36,  page  24,  line  1,  leave out ‘Subsection (8) does’ and insert ‘Subsections

(8) and (8A) do’.

Gregory Barker

52

Clause  36,  page  24,  line  6,  after ‘(8)’, insert ‘or (8A)’.

Luciana Berger

Huw Irranca-Davies

31

Clause  36,  page  24,  line  6,  at end add—

‘(12)
Before making regulations or an order under this Chapter, the Secretary of State

must, after consultation with industry, trade unions and key stakeholders, provide

a plan for the recruitment and training of green deal assessors.’.

Luciana Berger

Huw Irranca-Davies

37

Clause  36,  page  24,  line  6,  at end add—

‘(12)
Before making regulations or an order under this Chapter, the Secretary of State

must report to Parliament with proposals on a specific Green Deal

apprenticeships programme.’.

Zac Goldsmith

128

Clause  38,  page  24,  line  22,  at end insert ‘or

(iv)
classified as Service Family Accommodation;’.

Luciana Berger

Huw Irranca-Davies

Tessa Munt

29

Clause  40,  page  25,  leave out subsection (1).

Luciana Berger

Huw Irranca-Davies

30

Clause  40,  page  25,  line  41,  leave out ‘may make regulations’ and insert ‘shall

make regulations to come into force no later than 1 April 2016 setting a minimum energy

efficiency level for domestic PR properties and’.

Luciana Berger

Huw Irranca-Davies

121

Clause  40,  page  26,  line  13,  leave out ‘.’ and insert ‘, and

Public Bill Committee: 9 June 2011
109

Energy Bill [Lords] continued

(c)
provide for the establishment of a national or local register of domestic

PR properties for the purpose of distributing information relevant to this

Act to landlords of domestic PR properties and their tenants and for other

purposes relevant to this Act.’.

Tessa Munt

123

Clause  40,  page  26,  line  38,  leave out ‘2015’ and insert ‘2014’.

Tessa Munt

Luciana Berger

Huw Irranca-Davies

Dr Alan Whitehead

124

Clause  42,  page  27,  line  24,  leave out ‘may’ and insert ‘shall’.

Tessa Munt

Luciana Berger

Huw Irranca-Davies

Dr Alan Whitehead

125

Clause  42,  page  27,  line  26,  at end insert—

‘(1A)
Provision falling within subsection (1) includes, in particular, that where a notice

has been served under this section requiring a landlord to make relevant energy

effficiency improvements and that at the end of the period for compliance in the

notice, the landlord has failed to comply with the notice in whole or in part, the

local authority may enter the property and carry out relevant energy efficiency

improvements that the local authority considers necessary to ensure the domestic

PR property meets the minimum energy efficiency level and recover from the

landlord any costs and expenses reasonably incurred by it in doing so.’.

Tessa Munt

126

Clause  43,  page  28,  line  21,  leave out subsection (1).

Tessa Munt

127

Clause  43,  page  29,  line  12,  leave out ‘2015’ and insert ‘2014’.

Gregory Barker

14

Clause  62,  page  43,  line  8,  leave out subsection (2).

Public Bill Committee: 9 June 2011
110

Energy Bill [Lords] continued

Gregory Barker

15

Clause  62,  page  43,  line  10,  leave out subsections (3) and (4) and insert—

‘(3)
Orders under this Chapter are subject to the negative procedure.

(4)
Regulations under this Chapter are subject to the affirmative procedure.’.

Dr Alan Whitehead

115

Clause  64,  page  43,  line  34,  at end insert—

‘(baa)
requiring the funding for this obligation to be equally available to any

Green Deal provider for installing energy efficiency improvements to

homes;’.

Tessa Munt

43

Clause  64,  page  44,  line  2,  at end insert ‘not to be limited to properties on which

there is to be a Green Deal Plan as defined under Part 1, Chapter 1, section 1,’.

Dr Alan Whitehead

Tessa Munt

113

Clause  64,  page  44,  line  7,  at end insert—

‘(bac)
enabling the Administrator to direct a transporter or supplier to structure

the funding of its carbon reduction target such that no individual to whom

the action may be targeted under subsection (bb)(i) is a net financial

contributor to the carbon emissions reduction target.’.

Zac Goldsmith

129

Clause  64,  page  44,  line  7,  at end insert—

‘(v)
properties classified as Service Family Accommodation;’.

Dr Alan Whitehead

116

Clause  65,  page  46,  line  38,  at end insert—

‘(baa)
requiring the funding for this obligation to be equally available to any

Green Deal provider for installing energy efficiency improvements to

homes.’.

Zac Goldsmith

130

Clause  65,  page  47,  line  5,  at end insert—

‘(v)
properties classified as Service Family Accommodation;’.

Public Bill Committee: 9 June 2011
111

Energy Bill [Lords] continued

Dr Alan Whitehead

117

Clause  66,  page  49,  line  46,  at end insert—

‘(2A)
The power to make orders under this section may be exercise so as to require the

funding for this obligation to be equally available to any Green Deal provider for

installing energy efficiency improvements to homes.’.

Dr Alan Whitehead

118

Clause  67,  page  51,  line  4,  at end insert—

‘(2A)
The power to make orders under this section may be exercised so as to require the

funding for this obligation to be equally available to any Green Deal provider for

installing energy efficiency improvements to homes.’.

Dr Alan Whitehead

119

Clause  68,  page  51,  line  44,  after ‘homes’, insert ‘or may specify targets for the

promotion of measures for reducing the cost to specified groups of individuals of heating

their homes.’.

Dr Alan Whitehead

120

Clause  69,  page  52,  line  36,  at end insert—

‘(ba)
to assess whether these obligations are, among other things, being

discharged transparently, cost-effectively, and consistently throughout

the time period of the obligation and achieving value for money;

(bb)
to assess whether these obligations are targeting priority groups and

properties consistently and achieving value for money.’.

Gregory Barker

16

Clause  69,  page  53,  line  23,  at end insert—

‘(6A)
In sections 28 to 30F and section 38 of the 1986 Act (enforcement of relevant

requirements etc) a reference to a “relevant requirement” is to be treated as

including a reference to a requirement imposed on a gas transporter or gas

supplier under this section.

(6B)
In sections 25 to 28 of the 1989 Act (enforcement of relevant requirements etc) a

reference to a “relevant requirement” is to be treated as including a reference to a

requirement imposed on an electricity distributor or electricity supplier under this

section.’

Public Bill Committee: 9 June 2011
112

Energy Bill [Lords] continued

Gregory Barker

25

Schedule  1,  page  84,  line  7,  leave out paragraph 2.

Gregory Barker

26

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

Caroline Lucas

132


Schedule  1,  page  85,  line  39,  at end add—

‘Energy Performance of Buildings (Certificates and Inspections) Regulations 2007

13
The Energy Performance of Buildings (Certificates and Inspections)

Regulations 2007 are amended in accordance with paragraphs 14 to 22.

14
In paragraph (2) of Regulation 5 for “make available” substitute “provide”.

15
Regulation 5A is repealed and replaced with a new Regulation 5A as follows—

“Providing energy information on marketing

5A  (1)
Subject to Regulation 7, this regulation applies where—

(a)
a property is to be sold or rented,

(b)
marketing materials are prepared for the purposes of

marketing the property to persons who may be interested in

buying or renting the property,

(c)
those marketing materials are made available publicly or to

any person who may be interested in buying or renting the

property by the relevant person or by another person on his

behalf.

      (2)
The marketing material must include the asset rating of the building

expressed in the way required by Regulation 11(1)(a).

      (3)
In this regulation “marketing materials” means any written or

photographic materials whether electronic or physical, used for the

marketing of a property for sale or rent.”.

16
Regulation 6 is amended as follows—

(a)
in paragraph (1)(a) remove the word “residential”,

(b)
in paragraph (1)(a) after “to be sold”, insert “or rented”,

(c)
in paragraph (1)(b) after “in buying”, insert “or renting”,

(d)
in paragraph (2) for “once a valid energy performance certificate has

been obtained for the buildings the person” substitute “The person”.

17
Regulation 11 is amended as follows—

(a)
in paragraph (1)(d) after sub-paragraph (vii), insert—

“(viii)
whether the property is subject to a green

deal plan under part 1 of the Energy Bill

2011”,

(b)
in paragraph (3)(a) for “10 years” substitute “one year”.

18
In paragraph (2) of Regulation 38 remove the words “5A(3), 5A(4)”.

19
In paragraph (1) of Regulation 40 remove the words “5A(3), 5A(4)”.

20
Regulation 42 is amended as follows—

Public Bill Committee: 9 June 2011
113

Energy Bill [Lords] continued

(a)
in paragraph (1)(a) remove the words “he is not a person to whom the

duty under Section 5A(2) applies”,

(b)
in paragraph (1)(b) for “make available” substitute “provide”,

(c)
remove paragraph (1A) of Regulation 42.

21
In paragraph (1)(a) of Regulation 43 remove the words “5A(3), 5A(4)”.

22
In paragraph (1)(a) of Regulation 50 for “make available” substitute

“provide”’.

Member’s explanatory statement

Provides for energy ratings to be part of marketing materials for both rental and sale properties;

for EPCs to be provided rather than simply made available; and for EPCs to have a life of one

year.

Gregory Barker

17

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

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.’.

Gregory Barker

53

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

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).’.

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.’.

Public Bill Committee: 9 June 2011
114

Energy Bill [Lords] continued

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—

(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.’.

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’.

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.’.

Gregory Barker

73

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

Gregory Barker

74

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



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