House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

35

House of Commons

Tuesday 22 January 2013

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

Note

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

Committee [15 January].

Tom Greatrex

Luciana Berger

29

Clause  1,  page  2,  line  7,  at end insert—

‘( )
The Secretary of State will report annually alongside the Annual Energy

Statement to Parliament on the impact of exercising the functions by virtue of

subsection (1) on the matters by virtue of subsection (2).’.

Tom Greatrex

Luciana Berger

30

Clause  2,  page  2,  line  29,  at end insert—

‘( )
Regulations must include a statement by the Secretary of State setting out his

opinion as to how the Regulations will—

(a)
contribute to the reduction in emissions of greenhouse gases for each low

carbon form of generation to which the Regulations apply;

(b)
impact on consumer bills for each low carbon form of generation to

which the Regulations apply;

(c)
contribute to energy security for each low carbon form of generation to

which the Regulations apply.’.

Public Bill Committee: 22 January 2013
36

Energy Bill, continued

Mr Mike Weir

10

Clause  2,  page  2,  line  39,  at end insert—

‘(e)
make provision for Renewable Obligation Certificates (ROCs) to

continue to be available to new and existing developments until such time

as the Secretary of State and relevant devolved administrations are

agreed that the Contracts for Difference, established by Chapter 2 of this

Act, are established and operating to a level acceptable to both

government and developers.’.

Tom Greatrex

Luciana Berger

31

Clause  2,  page  2,  line  42,  after ‘section’, insert ‘3’.

Tom Greatrex

Luciana Berger

32

Clause  3,  page  3,  line  7,  leave out ‘an’ and insert ‘a single’.

Tom Greatrex

Luciana Berger

33

Clause  3,  page  3,  line  15,  leave out ‘More than one’ and insert ‘Only one’.

Tom Greatrex

Luciana Berger

34

Clause  3,  page  3,  line  20,  leave out ‘28’ and insert ‘90’.

Tom Greatrex

Luciana Berger

35

Clause  3,  page  3,  line  23,  at end insert—

‘( )
Regulations must include provision about the period of time during which no

designation has effect under this section.’.

Tom Greatrex

Luciana Berger

36

Schedule  1,  page  96,  line  5,  leave out ‘one or more schemes’ and insert ‘a scheme’.

Public Bill Committee: 22 January 2013
37

Energy Bill, continued

Tom Greatrex

Luciana Berger

37

Schedule  1,  page  97,  line  19,  at end insert—

‘( )
Provision made in this regard must be laid before Parliament before the

agreement of any compensation.’.

Tom Greatrex

Luciana Berger

38

Schedule  1,  page  97,  line  19,  at end insert—

‘( )
The Secretary of State must set out the reasons why he believes the person subject

to a scheme in this regard has been adversely affected.’.

Tom Greatrex

Luciana Berger

39

Schedule  1,  page  97,  line  19,  at end insert—

‘( )
Provision made in this regard must identify the source of compensation paid by

the Secretary of State.’.

Mr John Hayes

22

Clause  5,  page  4,  line  13,  at end insert—

‘(3A)
Regulations which make provision by virtue of subsection (1) for the payment of

sums by electricity suppliers must impose on the CFD counterparty a duty in

relation to the collection of such sums.’.

Tom Greatrex

Luciana Berger

40

Clause  5,  page  4,  line  39,  at end insert—

‘( )
Regulations must include provision for—

(a)
the Secretary of State to report annually to Parliament on the impact on

consumer bills of provisions under this section; and

(b)
the issuing of notices exempting energy intensive industries from the

provisions under this section.’.

Tom Greatrex

Luciana Berger

41

Clause  6,  page  4,  line  42,  leave out ‘a’ and insert ‘the’.

Public Bill Committee: 22 January 2013
38

Energy Bill, continued

Tom Greatrex

Luciana Berger

42

Clause  6,  page  5,  line  4,  at end insert—

‘( )
Regulations must—

(a)
place a duty on the Secretary of State and the Authority to promote new

generation capacity from community energy schemes; and

(b)
define community energy schemes.’.

Tom Greatrex

Luciana Berger

43

Clause  6,  page  5,  line  4,  at end insert—

‘( )
Section 41(4)(a) Energy Act 2008 (“specified maximum capacity”) is amended

as follows—

“Specified maximum capacity” means the capacity specified by the

Secretary of State by order, which must not exceed 10 megawatts.’.

Tom Greatrex

Luciana Berger

44

Clause  6,  page  5,  line  24,  at end insert—

‘( )
Regulations must make provision for the setting of a strike price for a contract for

difference.’.

Tom Greatrex

Luciana Berger

45

Clause  6,  page  5,  line  24,  at end insert—

‘( )
Provision included in the CFD Regulations must in particular include—

(a)
provision for setting the strike price by or under the CFD Regulations

(“administrative setting”);

(b)
provision setting the strike price by determination on a competitive basis

(“competitive setting”);

(c)
provision for a combination of administrative and competitive setting,

including providing for the lower of two strike prices set by

administrative setting and competitive setting; and

(d)
a report to Parliament by the Secretary of State within three days of any

provision by virtue of paragraphs (a) to (c) being made.’.

Tom Greatrex

Luciana Berger

46

Clause  6,  page  5,  line  24,  at end insert—

‘( )
Regulations must make provision for the setting of a market reference price for a

contract for difference.’.

Public Bill Committee: 22 January 2013
39

Energy Bill, continued

Tom Greatrex

Luciana Berger

47

Clause  6,  page  5,  line  24,  at end insert—

‘( )
The market reference price for a CFD is the price of electricity per megawatt hour

that may be specified in, or determined under, the CFD as the market reference

price for electricity generated in the period to which the CFD applies.’.

Tom Greatrex

Luciana Berger

48

Clause  6,  page  5,  line  24,  at end insert—

‘( )
The provision included in the CFD regulations must in particular include

provision for—

(a)
setting the market reference price by or under the CFD Regulations; and

(b)
the Secretary of State to report to Parliament on any provision made by

virtue of paragraph (a) within three sitting days of any provision being

made.’.

Dr Alan Whitehead

27

Clause  7,  page  5,  line  27,  after ‘suppliers’, insert—

‘(2)
It is the duty of the Secretary of State to ensure that a CFD counterparty is able to

meet its financial obligations under CFDs.’.

Mr Mike Weir

11

Clause  7,  page  5,  line  27,  at end insert ‘In determining the sums to be paid there

must be taken into account the stage of development of the technology and the need to

encourage the development of new renewable technologies’.

Tom Greatrex

Luciana Berger

67

Clause  7,  page  5,  line  27,  at end insert—

‘(1A)
Provision made in this regard must include provision about a panel of

independent experts to advise on the amounts to be paid.

(1B)
Provision made in this regard must include a consumer representative.

(1C)
The members of the panel of independent experts shall be appointed by the

Secretary of State and shall comprise Chairman, a Consumer representative, a

representative of the Authority and such other members as the Secretary of State

may decide.

(1D)
In appointing persons to be members of the panel of independent experts, the

Secretary of State must secure, so far as practicable, that the Expert Panel—

(a)
is independent; and

(b)
is comprised of technical, academic, economic, legal and such other

experts necessary to give the informed advice required.

(1E)
The Chair of the panel of independent experts shall be appointed for a fixed

period, specified in their terms of his appointment, but shall be eligible for

reappointment at the end of that period.

Public Bill Committee: 22 January 2013
40

Energy Bill, continued

(1F)
Provision made in this regard must be laid before Parliament.’.

Tom Greatrex

Luciana Berger

68

Clause  7,  page  5,  line  33,  at end insert—

‘(3)
Regulations by virtue of subsection (1) shall make provision for—

(a)
the recovery by electricity suppliers of any amounts paid to a CFD

Counterparty by virtue of section 5;

(b)
the return by electricity suppliers of any surplus paid to them by a CFD

Counterparty by virtue of this section;

(c)
provision made by virtue of paragraph (a) in this section shall include

provision on any recovery from customers; and

(d)
provision made by virtue of paragraph (b) in this section shall include

provision that any surplus be returned to customers.’.

Tom Greatrex

Luciana Berger

49

Clause  8,  page  6,  line  4,  leave out ‘or not to be paid, into the Consolidated Fund’

and insert ‘to consumers’.

Tom Greatrex

Luciana Berger

50

Clause  9,  page  6,  line  28,  at end insert—

‘(h)
for the information provided by virtue of paragraphs (a) to (c) to be laid

before Parliament.’.

Tom Greatrex

Luciana Berger

51

Clause  10,  page  7,  line  4,  at end insert—

‘( )
Provision made in this regard must include provision requiring any new functions

conferred on the Authority to be laid before both Houses of Parliament.’.

Public Bill Committee: 22 January 2013
41

Energy Bill, continued

Tom Greatrex

Luciana Berger

52

Clause  11,  page  7,  line  21,  at end insert—

‘( )
The Secretary of State must report to Parliament following any provision made

by virtue of subsection (1).’.

Tom Greatrex

Luciana Berger

53

Clause  13,  page  8,  leave out lines 5 and 6.

Mr Mike Weir

12

Clause  13,  page  8,  line  14,  at end insert—

‘(d)
the costs of delivering the energy to the grid.’.

Mr Mike Weir

13

Clause  14,  page  8,  line  21,  after ‘consult’, insert ‘and agree with’.

Mr Mike Weir

20

Clause  14,  page  8,  line  33,  at end insert—

‘(1A)
In taking forward the requirement to consult under subsections (1)(a), (b) and (c),

the Secretary of State shall—

(a)
establish a Devolved Administration Consultation group, and

(b)
make regulations for the scope, operation and outcomes from that

Group.’.

Tom Greatrex

Luciana Berger

54

Clause  14,  page  8,  line  33,  at end insert—

‘(i)
the Committee on Climate Change;

(j)
the Panel of Technical Experts; and

(k)
any person who is a holder of a licence to generate electricity under

section 6(1)(d) of EA 1989.’.

Mr Mike Weir

14

Clause  14,  page  8,  line  34,  leave out subsection (2).



© Parliamentary copyright	Revised 22 January 2013