House of Commons Public Bill Committee Proceedings

Session 2010 - 12
Internet Publications
Other Bills before Parliament

33

House of Commons

Tuesday 21 June 2011

Public Bill Committee Proceedings

Energy Bill [Lords]

[NinTH AND TenTH SITTINGS]

Clause 101 Agreed to.

Dr Alan Whitehead

Zac Goldsmith

Caroline Lucas

Tessa Munt

Huw Irranca-Davies

Luciana Berger

Withdrawn  173

Clause  102,  page  80,  line  7,  leave out ‘, or not to exercise’.

Dr Alan Whitehead

Zac Goldsmith

Caroline Lucas

Tessa Munt

Huw Irranca-Davies

Luciana Berger

Not moved  174

Clause  102,  page  80,  line  11,  leave out ‘and the other party to agreement.’.

Dr Alan Whitehead

Zac Goldsmith

Caroline Lucas

Tessa Munt

Huw Irranca-Davies

Luciana Berger

Not moved  175

Clause  102,  page  80,  line  18,  at end add—

‘(4)
The powers given to the Secretary of State in this section may not be exercised—

(a)
in order to modify a programme in such a way that a decommissioning

programme becomes less effective than would previously have been the

case;

(b)
in order to provide subsidy for a decommissioning programme from

public funds.

Public Bill Committee Proceedings: 21 June 2011
34

Energy Bill [Lords] continued

(5)
Section 48 of the Energy Act 2008 (approval of decommissioning programme) is

amended as follows.

(6)
In subsection (3) leave out “, in particular,” and insert “only”.

(7)
Leave out subsection (3)(b).’.

Clause Negatived.

Clauses 103 and 104 Agreed to.

Gregory Barker

Agreed to  66

Clause  105,  page  81,  line  20,  leave out subsections (1) and (2) and insert—

‘(1)
The Home Energy Conservation Act 1995—

(a)
ceases to have effect in Scotland;

(b)
ceases to apply in relation to energy conservation authorities in Wales.

(2)
In section 1 of that Act (interpretation) in the definition of “energy conservation
5
measures” after “promotion,” insert “any available financial assistance,”.

(3)
In section 1 of the Sustainable Energy Act 2003 (annual report on the progress

towards sustainable energy aims)—

(a)
subsection (1)(e) and the “and” immediately preceding it cease to have

effect, and
10
(b)
subsection (1AA) ceases to have effect.

(4)
In section 4 of that Act (energy efficiency of residential accommodation: energy

conservation authorities) subsection (13)(b) ceases to have effect.’.

As an Amendment to Gregory Barker’s proposed Amendment (No. 66):—

Zac Goldsmith

Not called  (a)

Line  5,  at end insert—

‘(2A)
In section 1 of that Act (interpretation) in the definition of “residential

accommodation”, insert—

“(c)
properties classified as Service Family Accommodation.”.’.

Gregory Barker

Agreed to  67

Clause  105,  page  81,  line  27,  leave out subsection (4).

Clause, as amended, Agreed to.

Gregory Barker

Not selected  75

Page  88,  line  20,  leave out Schedule 3.

Public Bill Committee Proceedings: 21 June 2011
35

Energy Bill [Lords] continued

Schedule Agreed to.

Gregory Barker

Agreed to  27

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

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

Gregory Barker

Agreed to  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),’.

Gregory Barker

Agreed to  68

Clause  106,  page  82,  line  15,  at end insert—

‘( )
Section [Renewable heat incentives in Northern Ireland] (renewable heat

incentives in Northern Ireland) extends to Northern Ireland only.

( )
Section [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]] (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]) extends

to England and Wales, Scotland and Northern Ireland.’.

Gregory Barker

Agreed to  20

Clause  106,  page  82,  line  18,  leave out ‘28’ and insert ‘[Early repayment of green

deal finance]’.

Clause, as amended, Agreed to.

Gregory Barker

Agreed to  21

Clause  107,  page  82,  line  25,  leave out ‘made by statutory instrument’.

Gregory Barker

Agreed to  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);’.

Gregory Barker

Agreed to  69

Clause  107,  page  82,  line  46,  at end insert—

Public Bill Committee Proceedings: 21 June 2011
36

Energy Bill [Lords] continued

‘(ha)
section [Regulation of security of nuclear construction sites] (regulation

of security of nuclear construction sites);’.

Gregory Barker

Agreed to  70

Clause  107,  page  83,  line  2,  at end insert—

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

projects] (abandonment: infrastructure converted for CCS demonstration

projects).’.

Gregory Barker

Agreed to  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).’.

Gregory Barker

Agreed to  171

Clause  107,  page  83,  line  2,  at end insert ‘;

( )
section [Electricity from renewable sources: National Park authorities

and Broads Authority] (electricity from renewable sources: National

Park authorities and Broads Authority)’.

Gregory Barker

Agreed to  23

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

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

expenditure: framework regulations);’.

Gregory Barker

Agreed to  72

Clause  107,  page  83,  line  11,  leave out ‘to 4, 6’ and insert ‘, 3, 4’.

Clause, as amended, Agreed to.

Gregory Barker

Agreed to  24

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

Clause, as amended, Agreed to.

Public Bill Committee Proceedings: 21 June 2011
37

Energy Bill [Lords] continued

new clauses

Early repayment of green deal finance

Gregory Barker

Added  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.”

(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)”.’.

Public Bill Committee Proceedings: 21 June 2011
38

Energy Bill [Lords] continued

Exercise of scheme functions on behalf of the Secretary of State or a public body

Gregory Barker

Agreed to  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

Gregory Barker

Agreed to  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

Gregory Barker

Agreed to  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

Public Bill Committee Proceedings: 21 June 2011
39

Energy Bill [Lords] continued

(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

Gregory Barker

Agreed to  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 Gregory Barker’s proposed New Clause (Energy efficiency aim)

(NC7):—

Caroline Lucas

Not called  (a)

Line  3,  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).’.

Caroline Lucas

Not called  (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).’



© Parliamentary copyright	Revised 22 June 2011