House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

Public Bill Committee: 22 January 2013
42

Energy Bill, continued

Tom Greatrex

Luciana Berger

55

Clause  14,  page  8,  line  34,  leave out ‘as well as consultation after’.

Mr Mike Weir

21

Clause  14,  page  8,  line  35,  at end add—

‘(3)
Before making regulations under this Chapter or order under section 13, the

Secretary of State must—

(a)
take into account any representations made by the consultees under

subsection (1)(a), (b) and (c),

(b)
take into account any representations and discussions in the Devolved

Administration Consultation group under subsection (1A), and

(c)
publish a statement setting out whether and how the regulations or order

under section 13 takes account of any representations made by the

consultees under subsection (1)(a), (b) and (c).’.

Tom Greatrex

Luciana Berger

56

Clause  16,  page  9,  line  33,  leave out ‘as well as consultation after’.

Mr Mike Weir

15

Clause  16,  page  9,  line  33,  leave out subsection (5).

Mr Mike Weir

16

Clause  17,  page  10,  line  4,  at end insert—

‘“providing electricity” shall include previously generated electricity that is

stored.’.

Dr Alan Whitehead

28

Clause  17,  page  10,  line  10,  at end add—

‘(6)
The national system operator shall not be designated so as to include any

company or person that has interests in the national system that may come into

conflict with their responsibilities as a national system operator.’.

Tom Greatrex

Luciana Berger

57

Clause  17,  page  10,  line  10,  at end insert—

‘( )
The Secretary of State must convene a panel of independent experts to advise on

the exercise of functions under this Chapter.

Public Bill Committee: 22 January 2013
43

Energy Bill, continued

( )
The panel of independent experts must include a consumer representative.

( )
The minutes of meetings or reports by the panel of independent experts must be

laid before Parliament within two weeks of their publication.’.

Dr Alan Whitehead

73


Clause  18,  page  10,  line  17,  at end insert ‘or to verifiably reduce demand

permanently’.

Tom Greatrex

Luciana Berger

58

Clause  18,  page  10,  line  41,  at end insert—

‘( )
Provision falling with subsection (4)(j) includes the termination or variation of a

capacity agreement in circumstances where the operation of a generating plant is

being used to undermine the efficient operation of the capacity market.’.

Dr Alan Whitehead

74


Clause  18,  page  11,  line  6,  at end insert—

‘(6)
Provisions in subsection (4) and (5) may also apply to a holder of an agreement

to verifiably reduce demand permanently.’.

Tom Greatrex

Luciana Berger

59

Clause  18,  page  11,  line  9,  at end insert—

‘( )
Provision made by virtue of subsection (4)(c) must include provision ensuring

that plant which has already entered into a contract by virtue of section 6 will not

be eligible to act as a capacity provider.’.

Mr Mike Weir

17

Clause  19,  page  11,  line  26,  at end insert ‘About price differences that may be

made to reflect new technologies’.

Tom Greatrex

Luciana Berger

60

Clause  19,  page  11,  line  34,  at end insert—

‘( )
The Secretary of State or the Authority will lay any report by virtue of subsection

(4) before both Houses of Parliament.’.

Public Bill Committee: 22 January 2013
44

Energy Bill, continued

Tom Greatrex

Luciana Berger

61

Clause  19,  page  11,  line  38,  at end insert—

‘( )
Before making Regulations under this section the Secretary of State must

consult—

(a)
the Authority;

(b)
the national system operator;

(c)
the Committee on Climate Change; and

(d)
a consumer representative.’.

Tom Greatrex

Luciana Berger

62

Clause  20,  page  12,  line  20,  at end insert—

‘( )
Provision made by virtue of this section must provide for—

(a)
the identity of a settlement body;

(b)
the powers of a settlement body;

(c)
the terms of reference of a settlement body; and

(d)
the funding arrangements of a settlement body.

( )
The settlement body must report annually to Parliament.’.

Tom Greatrex

Luciana Berger

63

Clause  22,  page  12,  line  36,  leave out ‘relating to restrictions on the use of

generating plant.’.

Tom Greatrex

Luciana Berger

64

Clause  22,  page  12,  line  38,  at end insert—

‘( )
Before imposing a requirement by virtue of subsection (1), the Secretary of State

must consult—

(a)
the Authority;

(b)
the national system operator;

(c)
the person by virtue of subsection (2) on whom requirements are

imposed; and

(d)
such other persons as the Secretary of State considers it appropriate to

consult.

( )
Consultation may be satisfied only by consultation before the passing of this

Act.’.

Public Bill Committee: 22 January 2013
45

Energy Bill, continued

Tom Greatrex

Luciana Berger

65

Clause  24,  page  13,  line  29,  at end insert—

‘(e)
about the identity of the public body or any other person;

(f)
the powers of the public body or any other person;

(g)
the terms of reference of the public body or any other person; and

(h)
about how the public body or any other person is funded.’.

Tom Greatrex

Luciana Berger

66

Clause  25,  page  14,  line  10,  leave out ‘as well as by consultation after’.

Mr John Hayes

8

Clauses 29 to 32 of the Bill be transferred to end of line 4 on page 20.

Mr John Hayes

1

Clause  29,  page  16,  line  36,  leave out ‘or Chapter 3 (capacity market)’ and insert ‘,

Chapter 3 (capacity market) or Chapter 5 (investment contracts)’.

Mr John Hayes

2

Clause  30,  page  18,  line  6,  leave out ‘or Chapter 3 (capacity market)’ and insert ‘,

Chapter 3 (capacity market) or Chapter 5 (investment contracts)’.

Mr John Hayes

9

Schedule 2 to the Bill be transferred to end of line 33 on page 109.

Public Bill Committee: 22 January 2013
46

Energy Bill, continued

Mr John Hayes

3

Clause  32,  page  19,  line  23,  leave out ‘or 3’ and insert ‘, 3 or 5’.

Mr John Hayes

23

Schedule  3,  page  103,  line  3,  leave out ‘, an investment contract counterparty or a

CFD counterparty’.

Mr John Hayes

24

Schedule  3,  page  103,  line  4,  at end insert—

  ‘(1A)
Regulations must make provision for electricity suppliers to pay an investment

contract counterparty or a CFD counterparty for the purpose of enabling

payments to be made under investment contracts.’.

Mr John Hayes

25

Schedule  3,  page  103,  line  14,  at end insert—

  ‘(3A)
Regulations which make provision by virtue of sub-paragraph (1) or (2) for the

payment of sums by electricity suppliers must impose on the person to whom

such sums are to be paid a duty in relation to the collection of such sums.’.

Tom Greatrex

Luciana Berger

69

Schedule  3,  page  103,  line  41,  at end insert—

    ‘(1)
Regulations shall make provision for—

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

investment contract Counterparty or a CFD Counterparty by virtue of

paragraph 7;

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

investment contract Counterparty or a CFD Counterparty by virtue of

paragraph 8;

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

provision about 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.’.

Mr John Hayes

26

Schedule  3,  page  107,  line  22,  leave out sub-paragraph (2).

Public Bill Committee: 22 January 2013
47

Energy Bill, continued

Tom Greatrex

Luciana Berger

70

Clause  37,  page  23,  line  33,  at end insert—

‘(p)
provision made by virtue of subsection (2)(j) must be in place for 36

months after regulations by virtue of section 2 are enacted.’.

Tom Greatrex

Luciana Berger

71

Clause  37,  page  27,  line  20,  at end insert—

‘(c)
regulations by virtue of this section must set out the circumstances in

which the Secretary of State may revoke the designation by virtue of

subsection (4).’.

Mr John Hayes

4

Clause  43,  page  45,  line  6,  at end insert ‘, or under paragraph 6 of Schedule 3,’.

Mr John Hayes

5

Clause  43,  page  45,  line  13,  leave out ‘or 3’ and insert ‘, 3 or 5’.

Mr John Hayes

6

Clause  43,  page  45,  line  22,  leave out ‘under section 2 or 17’ and insert ‘of a kind

mentioned in subsection (1)’.

Mr John Hayes

7

Clause  43,  page  45,  line  23,  after ‘25’, insert ‘or paragraph 19 of Schedule 3’.

Mr Mike Weir

18

Clause  113,  page  85,  line  14,  after ‘Parliament’, insert ‘and the Scottish and Welsh

Ministers’.

Mr Mike Weir

19

Clause  113,  page  85,  line  18,  after ‘Parliament’, insert ‘and the agreement of the

Scottish and Welsh Ministers’.

Public Bill Committee: 22 January 2013
48

Energy Bill, continued

Tom Greatrex

Luciana Berger

72

Clause  121,  page  92,  line  32,  at end insert ‘and any successor authority’.

New Clauses

Payment of winter fuel allowance to pensioners off the gas grid

Mr Mike Weir

NC1

To move the following Clause:—

‘Regulations shall be made to allow the payment of Winter Fuel Allowance

payable under the Social Fund Winter Fuel Payment Regulations 2000 (SI 2000/

729) to eligible persons whose main residences are not connected to the mains gas

grid and whose principle source of fuel is home fuel oil, liquid petroleum gas or

propane gas, no later than 30 September in each calendar year.’.

Strategic reserve

Dr Alan Whitehead

NC2


To move the following Clause:—

‘(1)
The Secretary of State may by regulation introduce a system of strategic reserve

of supply if he determines that the expense of maintaining a capacity market is

detrimental to the continuing interests of either—

(a)
security of supply, or

(b)
energy customers.

(2)
The Secretary of State may by regulation designate a nominated person to hold

and manage the strategic reserve on his behalf (“the Strategic Reserve Operator”).

(3)
A person is eligible to be designated if the person is—

(a)
a company formal and registered under the Companies Act 2006, or

(b)
a public authority, including any person whose functions are of a public

nature.

(4)
The Strategic Reserve Operator must contract with the System Operator for the

circumstances under which the Strategic Reserve Operator supplies power to the

System Operator.

(5)
The Secretary of State must approve the drawing up of any contract between the

System Operator and the Strategic Reserve Operator and may from time to time

vary the terms of the contract should circumstances require.

(6)
The Secretary of State must lay before Parliament a reasoned case for any change

of content under subsection (5).



© Parliamentary copyright	Revised 22 January 2013