House of Commons Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

3

House of Commons

Notices of Amendments

given on

Tuesday 24 May 2011

For other Amendment(s) see the following page(s):

Energy Committee 1-2

Public Bill Committee

Energy Bill [Lords]

Mr Gregory Barker

1

Clause  1,  page  2,  line  22,  leave out ‘and’.

Mr Gregory Barker

2

Clause  1,  page  2,  line  24,  at end insert ‘, and

(c)
recoverable as a debt by the relevant energy supplier from the person

referred to in paragraph (a).’.

Mr Gregory Barker

3

Clause  3,  page  5,  line  12,  at end insert ‘;

‘(f)
withdraw authorisation from a body authorised for the purposes of

subsection (1)(a) as a body whose members are authorised to act as green

deal participants’.

Mr Gregory Barker

4

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

Mr Gregory Barker

5

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

Mr Gregory Barker

6

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

Notices of Amendments: 24 May 2011
4

Energy Bill–[ [], continued

Mr Gregory Barker

7

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

Mr 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.’.

Mr Gregory Barker

9

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

Scottish Ministers,’.

Mr Gregory Barker

10

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

Mr Gregory Barker

11

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

Mr 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.’.

Mr Gregory Barker

13

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

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

Mr Gregory Barker

14

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

Mr 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.’.

Mr Gregory Barker

16

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

Notices of Amendments: 24 May 2011
5

Energy Bill–[ [], continued

‘(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.’

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

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

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

23

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

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

expenditure: framework regulations);’.

Mr Gregory Barker

24

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

Notices of Amendments: 24 May 2011
6

Energy Bill–[ [], continued

Mr Gregory Barker

25

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

Mr Gregory Barker

26

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

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.

(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.”

Notices of Amendments: 24 May 2011
7

Energy Bill–[ [], continued

(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.’.

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),

Notices of Amendments: 24 May 2011
8

Energy Bill–[ [], continued

(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.’.

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).

(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

commencement), in subsections (3) and (5) leave out “2,”.’.

Mr Gregory Barker

27

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

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

Gregory Barker

28

Title,  line  10,  after ‘sites;’ insert ‘for an annual report on contribution to carbon

emissions reduction targets; for action relating to the energy efficiency of residential

accommodation in England;’.



© Parliamentary copyright	Revised 25 May 2011