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| New Amendments handed in are marked thus  |
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| Amendments which will comply with the required notice period at their next appearance
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| | The Amendments have been arranged in accordance with the Order of the |
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| Clause 124, page 94, line 37, after ‘paragraphs’ insert ‘16(3),’. |
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| Clause 125, page 95, line 19, at end insert— |
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| | ‘( ) | sections [Power to modify energy supply licences: domestic supply |
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| | contracts], [Section [Power to modify energy supply licences: domestic |
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| | supply contracts]: procedure etc], [General duties of Secretary of State] |
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| | and [Consequential provision] (domestic tariffs: modifications of energy |
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| | ( ) | section [Powers to alter activities requiring licence: activities related to |
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| | Decarbonisation target range |
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| To move the following Clause:— |
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| | ‘(1) | It is the duty of the Secretary of State to ensure, in respect of each year in relation |
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| | to which a decarbonisation target range is set, that the carbon intensity of |
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| | electricity generation in Great Britain is no greater than the maximum permitted |
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| | level of the decarbonisation target range. |
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| | (2) | The Secretary of State may by order (“a decarbonisation order”) set or amend a |
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| | decarbonisation target range in relation to a year. |
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| | (3) | A “decarbonisation target range”, in relation to any year, means a range for the |
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| | carbon intensity of electricity generation in Great Britain. |
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| | (4) | Section [Meaning and calculation of “carbon intensity of electricity generation |
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| | in Great Britain”] makes further provision in relation to subsection (3). |
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| | (5) | The earliest year in relation to which a decarbonisation target range may be set is |
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| | 2030; and the first decarbonisation order may not be made before the date on |
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| | which the carbon budget for the budgetary period which includes the year 2030 |
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| | is set by virtue of the duty of the Secretary of State under section 4(2)(b) of the |
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| | (6) | A decarbonisation order may amend a decarbonisation target range only if it |
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| | appears to the Secretary of State that significant changes affecting the basis on |
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| | which the decarbonisation target range was set (or previously amended) make it |
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| | (7) | The Secretary of State may not revoke a decarbonisation order unless, in respect |
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| | of each year in relation to which the order sets a decarbonisation target range, a |
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| | decarbonisation target range remains in effect. |
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| | (8) | A decarbonisation order may— |
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| | (a) | amend section 23(4) of the Climate Change Act 2008 (alteration of |
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| | budgetary periods) so that after “Act” there is inserted “or sections |
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| | [Decarbonisation target range] to [Meaning and calculation of “carbon |
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| | intensity of electricity generation in Great Britain”] of the Energy Act |
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| | (b) | repeal section 5 of the Energy Act 2010 (reports on decarbonisation and |
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| | (9) | Provision made by virtue of subsection (8) may also— |
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| | (a) | include incidental, supplementary and consequential provision; |
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| | (b) | make transitory or transitional provision or savings. |
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| | (10) | A decarbonisation order is to be made by statutory instrument and a statutory |
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| | instrument containing a decarbonisation order may not be made unless a draft of |
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| | the instrument has been laid before and approved by a resolution of each House |
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| | (11) | Before laying before Parliament a draft of a statutory instrument containing a |
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| | decarbonisation order the Secretary of State must consult the Scottish Ministers |
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| | and the Welsh Ministers.’. |
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| | Matters to be taken into account |
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| To move the following Clause:— |
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| | ‘(1) | The following matters must be taken into account by the Secretary of State in |
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| | setting or amending a decarbonisation target range. |
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| | (a) | scientific knowledge about climate change; |
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| | (b) | technology relevant to the generation and storage of electricity and to the |
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| | demand for and use of electricity; |
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| | (c) | economic circumstances, and in particular the likely impact on the |
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| | economy and the competitiveness of particular sectors of the economy; |
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| | (d) | fiscal circumstances, and in particular the likely impact on taxation, |
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| | public spending and public borrowing; |
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| | (e) | social circumstances, and in particular the likely impact on fuel poverty; |
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| | (f) | the structure of the energy market in Great Britain; |
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| | (g) | differences in circumstances between England, Wales and Scotland; |
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| | (h) | circumstances at European and international level; |
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| | (i) | the duties of the Secretary of State under sections 1 and 4(1)(b) of the |
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| | Climate Change Act 2008 (carbon targets and budgets).’. |
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| | Further duties of the Secretary of State |
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| To move the following Clause:— |
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| | ‘(1) | As soon as is reasonably practicable after a decarbonisation order is made, the |
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| | Secretary of State must lay before Parliament a report setting out proposals and |
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| | policies for fulfilling the duty in section [Decarbonisation target range](1). |
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| | (2) | Before laying the report under subsection (1), the Secretary of State must consult |
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| | the Scottish Ministers and the Welsh Ministers; and the Secretary of State must |
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| | send a copy of the report to them. |
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| | (3) | The Secretary of State must in respect of each year— |
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| | (a) | beginning with the year after the first year in which a decarbonisation |
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| | (b) | ending with the final year in relation to which a decarbonisation target |
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| | | lay before Parliament a statement of the carbon intensity of electricity generation |
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| | in Great Britain in relation to that year. |
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| | (4) | Section [Meaning and calculation of “carbon intensity of electricity generation |
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| | in Great Britain”] makes further provision in relation to subsection (3). |
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| | (5) | The statement must include— |
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| | (a) | a summary of the means by which the carbon intensity was calculated; |
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| | (b) | in any statement after the first, a declaration of whether the carbon |
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| | intensity has decreased or increased since the previous statement. |
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| | (6) | In respect of any year in relation to which a decarbonisation target range is set, |
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| | the statement must also include— |
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| | (a) | a declaration that the carbon intensity in relation to that year was no |
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| | greater than the maximum permitted level of the decarbonisation target |
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| | (b) | the reasons why the carbon intensity in relation to that year was greater |
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| | than the maximum permitted level of the decarbonisation target range. |
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| | (7) | The statement required by subsection (3) must be laid before Parliament not later |
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| | than the 31st March in the second year following the year in respect of which the |
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| | carbon intensity is being stated. |
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| | (8) | The Secretary of State must send a copy of the statement required by subsection |
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| | (3) to the Scottish Ministers and the Welsh Ministers.’. |
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| | Meaning and calculation of “carbon intensity of electricity generation in Great Britain” |
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| To move the following Clause:— |
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| | ‘(1) | In sections [Decarbonisation target range] and [Further duties of the Secretary |
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| | of State], “carbon intensity of electricity generation in Great Britain” means |
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| | grams of carbon dioxide equivalent emissions, measured per kilowatt hour of |
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| | electricity generated in Great Britain (calculated consistently with international |
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| | carbon reporting practice). |
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| | (2) | For the purposes of subsection (1)— |
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| | (a) | “carbon dioxide equivalent” means a gram of carbon dioxide or an |
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| | amount of any other greenhouse gas with an equivalent global warming |
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| | potential (calculated consistently with international carbon reporting |
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| | (b) | “Great Britain” includes— |
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| | (i) | the territorial sea adjacent to Great Britain, and |
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| | (ii) | any area for the time being designated by an Order in Council |
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| | under section 84(4) of the Energy Act 2004 (a “Renewable |
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| | Energy Zone” for the purposes of that Act). |
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| | (a) | “greenhouse gas” has the meaning given by section 92(1) of the Climate |
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| | (b) | “international carbon reporting practice” has the meaning given by |
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| | section 94(1) of that Act. |
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| | (4) | But the Secretary of State may by order make further provision about— |
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| | (a) | the meaning of “carbon intensity of electricity generation in Great |
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| | Britain” (including, in particular, the meaning of “Great Britain”); |
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| | (b) | the means by which the carbon intensity is to be calculated; |
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| | (c) | the meaning of “in relation to any year”; |
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| | | and subsections (1) to (3) are subject to provision made by any such order. |
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| | (5) | An order under this section is to be made by statutory instrument and a statutory |
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| | instrument containing such an order may not be made unless a draft of the |
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| | instrument has been laid before and approved by a resolution of each House of |
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| | (6) | An order under this section may— |
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| | (a) | include incidental, supplementary and consequential provision; |
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| | (b) | make transitory or transitional provision or savings; |
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| | (c) | make different provision for different cases or circumstances or for |
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| | (d) | make provision subject to exceptions. |
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| | (7) | Before laying before Parliament a draft of a statutory instrument containing an |
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| | order under this section the Secretary of State must consult the Scottish Ministers |
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| | and the Welsh Ministers.’. |
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| | Fees for services provided for energy resilience purposes |
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| To move the following Clause:— |
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| | ‘(1) | The Secretary of State may require fees to be paid for services or facilities |
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| | provided or made available by the Secretary of State in the exercise of energy |
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| | (2) | “Energy resilience powers” are any powers exercised by the Secretary of State for |
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| | the purposes of, or in connection with, preventing or minimising disruption to the |
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| | energy sector in Great Britain (including disruption to the supply of fuel in Great |
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| | (3) | The amount of any fee charged under this section is— |
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| | (a) | such amount as may be specified in, or determined by or in accordance |
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| | with, regulations made by the Secretary of State, or |
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| | (b) | if no such regulations are made, an amount specified in, or determined by |
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| | or in accordance with, a direction given by the Secretary of State for the |
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| | purposes of this section. |
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| | (4) | Regulations or a direction under this section may provide for the amounts of fees |
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| | to be different in different cases and, in particular, for fees in respect of the |
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| | exercise of the same power to be of different amounts in different circumstances. |
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| | (5) | Regulations under subsection (3)(a) must be made by statutory instrument and |
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| | any such instrument is subject to annulment in pursuance of a resolution of either |
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| | (6) | The Secretary of State must lay before Parliament a statement of any fees |
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| | specified in, or determined by or in accordance with, a direction given under |
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| | Power to modify energy supply licences: domestic supply contracts |
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| To move the following Clause:— |
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| | ‘(1) | The Secretary of State may modify— |
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| | (a) | a condition of a particular licence under section 7A(1) of the Gas Act |
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| | (b) | the standard conditions incorporated in licences under that provision by |
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| | virtue of section 8 of that Act; |
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| | (c) | a condition of a particular licence under section 6(1)(d) of EA 1989 |
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| | (d) | the standard conditions incorporated in licences under that provision by |
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| | virtue of section 8A of that Act. |
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| | (2) | The power under subsection (1) may be exercised for the purpose only of— |
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| | (a) | promoting competition in domestic supplies of gas and electricity; or |
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| | (b) | requiring licence holders to change the domestic tariffs or other terms of |
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| | domestic supply contracts so as to reduce the costs to their domestic |
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| | customers for supplies of gas or electricity. |
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| | (3) | A modification under subsection (1) may, in particular, make provision— |
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| | (a) | requiring a licence holder to adopt one or more standard domestic tariffs; |
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| | (b) | for specifying a limit on the number of domestic tariffs, or domestic |
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| | tariffs of a particular category, a licence holder may adopt; |
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| | (c) | about discretionary terms (and may in particular require the same |
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| | discretionary terms to be offered in connection with, or incorporated into, |
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| | all domestic supply contracts of any particular category); |
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| | (d) | for requiring a licence holder to provide information about its domestic |
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| | tariffs and other supply contract terms, including information for |
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| | enabling or facilitating the comparison— |
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| | (i) | of different domestic tariffs or supply contract terms of the |
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| | (ii) | of domestic tariffs and supply contract terms of different licence |
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| | (e) | for requiring a licence holder to change the domestic tariff or other |
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| | supply contract terms on which it supplies gas or electricity to a domestic |
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| | (i) | switching to a different domestic tariff or different supply |
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| | contract terms, unless the customer objects, or |
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| | (ii) | offering the customer, or inviting the customer to switch to, a |
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| | different domestic tariff or different supply contract terms. |
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| | (4) | Provision that may be included in a licence by virtue of subsection (3)(d) may in |
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| | (a) | require a licence holder to provide each domestic customer with |
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| | (i) | about the customer’s existing domestic tariffs and supply |
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| | (ii) | about the expected cost to the customer of supplies under the |
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| | customer’s existing domestic supply contract and on one or more |
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| | other domestic tariffs (including the lowest domestic tariff for |
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| | the customer) or other supply contract terms of the licence |
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| | (iii) | about how to switch to different supply contract terms; |
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| | (b) | make provision about the format in which information is to be provided, |
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| | which may in particular require information to be provided— |
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| | (i) | in the form of a code or otherwise in a format readable by an |
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| | electronic device, or which facilitates processing of the |
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| | information by means of an electronic device, or |
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| | (ii) | in the case of information about a domestic tariff or supply |
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| | contract terms, in the form of a single figure or set of figures. |
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| | (5) | Provision included in a licence by virtue of the power in subsection (1)— |
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| | (a) | may make provision for specifying how any domestic tariff (including a |
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| | licence holder’s lowest domestic tariff for a customer), or other supply |
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| | contract terms, is or are to be identified for the purpose of any relevant |
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| | (b) | may make provision about the calculation or estimation of any amount or |
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| | figure for the purpose of a relevant provision, which may, in particular, |
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| | (i) | about assumptions to be made; |
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| | (ii) | requiring information about a customer’s circumstances or |
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| | previous consumption of gas or electricity to be taken into |
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| | (c) | may confer functions on the Secretary of State or the Authority; |
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| | (d) | may make different provision for different kinds of domestic customers |
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| | or different supply contract terms, or otherwise in relation to different |
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| | (e) | may make provision generally or only in relation to specified categories |
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| | of domestic customers, domestic tariffs or domestic supply contracts or |
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| | otherwise only in relation to specified cases or subject to exceptions; |
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| | (f) | need not relate to the activities authorised by the licence; |
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| | (g) | may do any of the things authorised for licences of that type by section |
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| | 7B(5)(a), (6) or (7) of the Gas Act 1986 or section 7(3), (4), (5) or (6A) |
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| | (6) | The power in subsection (1)— |
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| | (a) | may be exercised generally, only in relation to specified cases or subject |
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| | to exceptions (including provision for a case to be excepted only so long |
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| | as specified conditions are satisfied); |
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| | (b) | may be exercised differently in different cases or circumstances; |
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| | (c) | includes a power to make consequential modifications. |
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| | “discretionary terms”, in relation to a domestic supply contract (or proposed |
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| | domestic supply contract), means the supply contract terms other than the |
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| | “domestic customer” means a customer under a domestic supply contract; |
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| | “domestic supply contract” means a contract for the supply of gas or |
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| | electricity at domestic premises wholly or mainly for domestic purposes; |
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| | “domestic tariff”, in relation to a domestic supply contract (or proposed |
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| | domestic supply contract), means the principal terms of the contract; |
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| | “modify” includes amend, add to or remove, and reference to modifications |
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| | are to be construed accordingly; |
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| | “the principal terms”, in relation to a domestic supply contract, means the |
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| | terms of the contract of the types specified in an order under subsection |
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