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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 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 15, line 36, leave out from ‘if’ to end of line 37 and insert ‘the body |
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| acting by virtue of section 4(2) is a holder of a licence to distribute electricity by virtue of |
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| section 6(1)(a) to (e) of the Electricity Act 1989.’. |
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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 17, line 20, at end insert— |
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| | ‘(e) | the Secretary of State must report annually to Parliament on the |
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| | performance of the national system operator.’. |
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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 99, line 40, at end insert— |
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| | ‘(3A) | Provision by virtue of subsection (1)(c) must include provision about a panel |
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| | of independent experts to advise on the amounts to be paid; |
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| | (a) | a panel of independent experts must include a consumer |
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| | (b) | advice provided by a panel of independent experts must be laid before |
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| Schedule 3, page 100, line 4, at end insert— |
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| | ‘(c) | within three days of the contract being entered into.’. |
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| Schedule 3, page 100, line 27, leave out ‘in the opinion of the Secretary of State, |
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| materially’ and insert ‘in the opinion of the independent panel of experts,’. |
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| Schedule 3, page 100, line 44, leave out sub-paragraph (4). |
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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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| Schedule 3, page 103, line 4, at end insert— |
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| | ‘(1A) | Regulations must make provision for electricity suppliers to pay an investment |
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| | contract counterparty or a CFD counterparty for the purpose of enabling |
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| | payments to be made under investment contracts.’. |
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| Schedule 3, page 103, line 14, at end insert— |
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| | ‘(3A) | Regulations which make provision by virtue of sub-paragraph (1) or (2) for the |
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| | payment of sums by electricity suppliers must impose on the person to whom |
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| | such sums are to be paid a duty in relation to the collection of such sums.’. |
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| Schedule 3, page 103, line 15, leave out ‘may’ and insert ‘must’. |
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| Schedule 3, page 103, line 27, at end insert— |
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| | ‘(e) | an annual report by the Secretary of State laid before Parliament on the |
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| | impact of provisions under this section on consumer bills; |
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| | (f) | the issuing of notices exempting energy intensive industries from the |
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| | provisions under this section.’. |
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| Schedule 3, page 103, line 41, at end insert— |
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| | ‘(1) | Regulations shall make provision for— |
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| | (a) | the recovery by electricity suppliers of any amounts paid to an |
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| | investment contract Counterparty or a CFD Counterparty by virtue of |
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| | (b) | the return by electricity suppliers of any surplus paid to them by an |
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| | investment contract Counterparty or a CFD Counterparty by virtue of |
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| | (c) | provision made by virtue of paragraph (a) in this section shall include |
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| | provision about 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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| Schedule 3, page 104, line 18, leave out sub-paragraph (4). |
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| Schedule 3, page 104, line 48, at end insert— |
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| | ‘(h) | for the information provided by virtue of sub-paragraphs (a) to (c) to |
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| | be laid before Parliament.’. |
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| Schedule 3, page 105, line 12, at end insert— |
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| | ‘() | Any advice offered or determinations made by virtue of this paragraph must be |
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| | laid before Parliament within one month of the offering of advice or making of |
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| Schedule 3, page 105, line 32, at end insert— |
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| | ‘(e) | any person who is a holder of a licence to supply electricity under |
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| | section 6(1)(d) of EA 1989, |
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| | (f) | any person who is a holder of a licence under Article 10(1)(b) or (c) of |
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| | the Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I.1)) |
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| | (transmission or supply licence), |
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| | (g) | the Committee on Climate Change, |
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| | (h) | the Panel of independent experts.’. |
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| Schedule 3, page 106, line 9, after ‘may’, insert ‘only’. |
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| Schedule 3, page 106, line 9, leave out ‘as well as consultation after,’. |
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| Schedule 3, page 106, line 38, at end insert— |
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| | ‘(4) | Provision by virtue of sub-paragraph (1) must be laid before Parliament within |
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| | three working days of any direction.’. |
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| Schedule 3, page 106, line 38, at end insert— |
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| | ‘() | Provision by virtue of sub-paragraph (3)(b) should be accompanied by a |
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| | statement to Parliament outlining the reasons for any variation or termination |
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| | of an investment contract.’. |
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| Schedule 3, page 107, line 7, at end insert— |
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| | ‘() | The Secretary of State must make a statement to Parliament setting out the |
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| | compatibility of sub-paragraph (1) with paragraph 14.’. |
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| Schedule 3, page 107, line 22, leave out sub-paragraph (2). |
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| Schedule 3, page 108, line 29, at end insert— |
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| | ‘() | Provision made by virtue of this paragraph must be laid before Parliament |
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| | before the agreement of any compensation. |
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| | () | The Secretary of State must set out the reasons why he/she believes the person |
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| | subject to a scheme by virtue of this paragraph has been adversely affected. |
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| | () | Provision made by virtue of this paragraph must identify the source of |
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| | compensation paid by the Secretary of State.’. |
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| Schedule 3, page 109, line 33, at end insert— |
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| | ‘(5) | The Secretary of State must report annually to Parliament on expenditure |
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| | incurred by virtue of subsection setting out— |
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