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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 7, page 5, line 27, at end insert— |
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| | ‘(1A) | Provision made in this regard must include provision about a panel of |
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| | independent experts to advise on the amounts to be paid. |
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| | (1B) | Provision made in this regard must include a consumer representative. |
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| | (1C) | The members of the panel of independent experts shall be appointed by the |
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| | Secretary of State and shall comprise Chairman, a Consumer representative, a |
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| | representative of the Authority and such other members as the Secretary of State |
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| | (1D) | In appointing persons to be members of the panel of independent experts, the |
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| | Secretary of State must secure, so far as practicable, that the Expert Panel— |
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| | (b) | is comprised of technical, academic, economic, legal and such other |
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| | experts necessary to give the informed advice required. |
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| | (1E) | The Chair of the panel of independent experts shall be appointed for a fixed |
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| | period, specified in their terms of his appointment, but shall be eligible for |
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| | reappointment at the end of that period. |
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| | (1F) | Provision made in this regard must be laid before Parliament.’. |
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| Clause 7, page 5, line 33, at end insert— |
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| | ‘(3) | Regulations by virtue of subsection (1) shall make provision for— |
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| | (a) | the recovery by electricity suppliers of any amounts paid to a CFD |
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| | Counterparty by virtue of section 5; |
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| | (b) | the return by electricity suppliers of any surplus paid to them by a CFD |
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| | Counterparty by virtue of this section; |
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| | (c) | provision made by virtue of paragraph (a) in this section shall include |
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| | provision on any recovery from customers; and |
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| | (d) | provision made by virtue of paragraph (b) in this section shall include |
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| | provision that any surplus be returned to customers.’. |
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| Clause 8, page 6, line 4, leave out ‘or not to be paid, into the Consolidated Fund’ |
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| and insert ‘to consumers’. |
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| Clause 9, page 6, line 28, at end insert— |
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| | ‘(h) | for the information provided by virtue of paragraphs (a) to (c) to be laid |
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| Clause 10, page 7, line 4, at end insert— |
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| | ‘( ) | Provision made in this regard must include provision requiring any new functions |
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| | conferred on the Authority to be laid before both Houses of Parliament.’. |
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| Clause 11, page 7, line 21, at end insert— |
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| | ‘( ) | The Secretary of State must report to Parliament following any provision made |
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| | by virtue of subsection (1).’. |
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| Clause 13, page 8, leave out lines 5 and 6. |
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| Clause 13, page 8, line 14, at end insert— |
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| | ‘(d) | the costs of delivering the energy to the grid.’. |
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| Clause 14, page 8, line 21, after ‘consult’, insert ‘and agree with’. |
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| Clause 14, page 8, line 33, at end insert— |
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| | ‘(1A) | In taking forward the requirement to consult under subsections (1)(a), (b) and (c), |
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| | the Secretary of State shall— |
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| | (a) | establish a Devolved Administration Consultation group, and |
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| | (b) | make regulations for the scope, operation and outcomes from that |
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| Clause 14, page 8, line 33, at end insert— |
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| | ‘(i) | the Committee on Climate Change; |
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| | (j) | the Panel of Technical Experts; and |
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| | (k) | any person who is a holder of a licence to generate electricity under |
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| | section 6(1)(d) of EA 1989.’. |
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| Clause 14, page 8, line 34, leave out subsection (2). |
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| Clause 14, page 8, line 34, leave out ‘as well as consultation after’. |
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| Clause 14, page 8, line 35, at end add— |
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| | ‘(3) | Before making regulations under this Chapter or order under section 13, the |
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| | (a) | take into account any representations made by the consultees under |
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| | subsection (1)(a), (b) and (c), |
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| | (b) | take into account any representations and discussions in the Devolved |
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| | Administration Consultation group under subsection (1A), and |
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| | (c) | publish a statement setting out whether and how the regulations or order |
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| | under section 13 takes account of any representations made by the |
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| | consultees under subsection (1)(a), (b) and (c).’. |
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| Clause 16, page 9, line 33, leave out ‘as well as consultation after’. |
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| Clause 16, page 9, line 33, leave out subsection (5). |
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| Clause 17, page 10, line 10, at end add— |
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| | ‘(6) | The national system operator shall not be designated so as to include any |
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| | company or person that has interests in the national system that may come into |
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| | conflict with their responsibilities as a national system operator.’. |
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| Clause 17, page 10, line 10, at end insert— |
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| | ‘( ) | The Secretary of State must convene a panel of independent experts to advise on |
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| | the exercise of functions under this Chapter. |
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| | ( ) | The panel of independent experts must include a consumer representative. |
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| | ( ) | The minutes of meetings or reports by the panel of independent experts must be |
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| | laid before Parliament within two weeks of their publication.’. |
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| Clause 18, page 10, line 17, at end insert ‘or to verifiably reduce demand |
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| Clause 18, page 10, line 41, at end insert— |
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| | ‘( ) | Provision falling with subsection (4)(j) includes the termination or variation of a |
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| | capacity agreement in circumstances where the operation of a generating plant is |
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| | being used to undermine the efficient operation of the capacity market.’. |
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| Clause 18, page 11, line 6, at end insert— |
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| | ‘(6) | Provisions in subsection (4) and (5) may also apply to a holder of an agreement |
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| | to verifiably reduce demand permanently.’. |
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| Clause 18, page 11, line 9, at end insert— |
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| | ‘( ) | Provision made by virtue of subsection (4)(c) must include provision ensuring |
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| | that plant which has already entered into a contract by virtue of section 6 will not |
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| | be eligible to act as a capacity provider.’. |
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| Clause 19, page 11, line 34, at end insert— |
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| | ‘( ) | The Secretary of State or the Authority will lay any report by virtue of subsection |
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| | (4) before both Houses of Parliament.’. |
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| Clause 19, page 11, line 38, at end insert— |
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| | ‘( ) | Before making Regulations under this section the Secretary of State must |
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| | (b) | the national system operator; |
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| | (c) | the Committee on Climate Change; and |
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| | (d) | a consumer representative.’. |
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| Clause 20, page 12, line 20, at end insert— |
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| | ‘( ) | Provision made by virtue of this section must provide for— |
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| | (a) | the identity of a settlement body; |
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| | (b) | the powers of a settlement body; |
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| | (c) | the terms of reference of a settlement body; and |
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| | (d) | the funding arrangements of a settlement body. |
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| | ( ) | The settlement body must report annually to Parliament.’. |
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| Clause 22, page 12, line 36, leave out ‘relating to restrictions on the use of |
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| Clause 22, page 12, line 38, at end insert— |
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| | ‘( ) | Before imposing a requirement by virtue of subsection (1), the Secretary of State |
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| | (b) | the national system operator; |
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| | (c) | the person by virtue of subsection (2) on whom requirements are |
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| | (d) | such other persons as the Secretary of State considers it appropriate to |
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| | ( ) | Consultation may be satisfied only by consultation before the passing of this |
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| Clause 24, page 13, line 29, at end insert— |
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| | ‘(e) | about the identity of the public body or any other person; |
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| | (f) | the powers of the public body or any other person; |
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| | (g) | the terms of reference of the public body or any other person; and |
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| | (h) | about how the public body or any other person is funded.’. |
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| Clause 25, page 14, line 10, leave out ‘as well as by consultation after’. |
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| Clauses 29 to 32 of the Bill be transferred to end of line 4 on page 20. |
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| Clause 29, page 16, line 36, leave out ‘or Chapter 3 (capacity market)’ and insert ‘, |
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| Chapter 3 (capacity market) or Chapter 5 (investment contracts)’. |
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| Clause 30, page 18, line 6, leave out ‘or Chapter 3 (capacity market)’ and insert ‘, |
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| Chapter 3 (capacity market) or Chapter 5 (investment contracts)’. |
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| Schedule 2 to the Bill be transferred to end of line 33 on page 109. |
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| Clause 32, page 19, line 23, leave out ‘or 3’ and insert ‘, 3 or 5’. |
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| Schedule 3, page 101, line 14, leave out sub-paragraphs (c) and (d) and insert— |
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| | ‘(c) | not information which relates to liabilities or risks that would be placed |
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| | on energy consumers or on the public balance sheet.’. |
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| Schedule 3, page 103, line 3, leave out ‘, an investment contract counterparty or a |
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