House of Commons Amendments

Session 2012 - 13
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Other Bills before Parliament

Public Bill Committee: 29 January 2013
86

Energy Bill, continued

(a)
the reason for the expenditure;

(b)
a statement by the Secretary of State on the value for money of this

expenditure.’.

Dr Alan Whitehead

124


Clause  35,  page  21,  line  15,  at end add—

‘(4)
The Secretary of State may not exercise the power in subsection (1) in such a way

that confers an advantage upon one land-based low-carbon generation technology

over another.’.

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).’.

Barry Gardiner

Dr Alan Whitehead

122


Clause  38,  page  39,  line  36,  leave out subsection (2) and insert—

‘(2)
For generating stations constructed pursuant to a relevant consent given or made

on or after the date on which subsection (1) comes into force and prior to 1

January 2020, until (and including) 2029 the statutory rate of emissions is 450g/

kWh.

(2A)
For generating stations constructed pursuant to a relevant consent given or made

on or after 1 January 2020, until (and including) 2034 the statutory rate of

emissions is 200g/kWh.’.

Public Bill Committee: 29 January 2013
87

Energy Bill, continued

Tom Greatrex

Luciana Berger

115

Schedule  4,  page  109,  line  37,  leave out ‘may’ and insert ‘will’.

Barry Gardiner

Dr Alan Whitehead

121


Schedule  4,  page  110,  line  4,  at end insert—

‘(iii)
substantial pollution abatement equipment dealing with

oxides of sulphur, oxides of nitrogen, heavy metal emissions

or particles is fitted to the generating station.’.

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’.

Barry Gardiner

Dr Alan Whitehead

123


Clause  46,  page  47,  line  20,  at end insert—

‘(f)
Chapter 8 (Emissions Performance Standard).’.

Mr John Hayes

95

Clause  73,  page  63,  line  19,  at end insert—

‘( )
advice given in a particular case.’.

Public Bill Committee: 29 January 2013
88

Energy Bill, continued

Mr John Hayes

100

Schedule  9,  page  143,  line  33,  at end insert—

‘   (1)
Paragraph 2 does not prohibit a disclosure of protected information which is

made—

(a)
by the ONR, an inspector, a health and safety inspector or an ONR

inquiry official, and

(b)
for any of the purposes specified in section 17(2)(a) to (d) of the Anti-

terrorism, Crime and Security Act 2001 (criminal proceedings and

investigations).

      (2)
Section 18 of that Act (restriction on disclosure of information for overseas

purposes) has effect in relation to a disclosure authorised by sub-paragraph (1)

as it has effect in relation to a disclosure authorised by any of the provisions to

which section 17 of that Act applies.’.

Mr John Hayes

96

Clause  91,  page  74,  line  25,  at end insert—

‘( )
In relation to any modification of a provision of, or made under, any of the

provisions of the Nuclear Installations Act 1965 that are relevant statutory

provisions, the power conferred by subsection (6)(a) includes power to extend the

modification to Northern Ireland for the purpose of ensuring that the text of the

provision is uniform throughout the United Kingdom (but does not include power

to alter the effect of the provision in relation to a site in Northern Ireland).’.

Mr John Hayes

97

Clause  92,  page  74,  line  31,  leave out from beginning to end of line 34 and insert ‘,

in particular—

(a)
provision modifying any provision made by—

(i)
primary legislation passed before the end of the session in which

this Act was passed, or

(ii)
an instrument made before the end of that session;

(b)
provision for treating any regulations within subsection (1) as relevant

statutory provisions (or as relevant statutory provisions of a particular

description).

(2A)
The regulations mentioned in subsection (2)(b) are regulations made under a

provision within subsection (2) so far as they relate to, or to fees payable in

respect of functions which relate to, any of the following purposes—

(a)
the nuclear safety purposes;

(b)
the nuclear security purposes;

(c)
the nuclear safeguards purposes;

(d)
the transport purposes.

(2B)
The provisions mentioned in subsection (1) are—

(a)
section 2(2) of the European Communities Act 1972 (general

implementation of Treaties);

Public Bill Committee: 29 January 2013
89

Energy Bill, continued

(b)
section 15 of the 1974 Act (health and safety regulations);

(c)
section 43 of that Act (fees);

(d)
section 3 of the Nuclear Safeguards Act 2000 (identifying persons who

have information);

(e)
section 77 of the Anti-terrorism, Crime and Security Act 2001

(regulation of security of civil nuclear industry).’.

Mr John Hayes

101

Schedule  12,  page  155,  line  10,  at end insert—

‘(d)
in paragraph (b), after sub-paragraph (ii) insert—

“(iii)
assigned to the Office of Rail

Regulation or the Office for Nuclear

Regulation for the purpose of

removing any uncertainty as to what

are by virtue of any of the relevant

statutory provisions their respective

responsibilities for the enforcement

of any of those provisions;”.’.

Mr John Hayes

102

Schedule  12,  page  159,  line  8,  leave out from ‘months’ to ‘or’ in line 9.

Mr John Hayes

103

Schedule  12,  page  166,  line  16,  at end insert—

‘Explosives Act 1875 (c. 17)

44A
The Explosives Act 1875 is amended as follows.

44B
In section 61 (keeping and carriage of samples by an inspector appointed by

the Health and Safety Executive under section 19 of the 1974 Act), at the end

insert the following paragraph—

“
The reference to an inspector appointed by the Health and Safety

Executive under section 19 of the Health and Safety at Work etc. Act

1974 (“the 1974 Act”) is to be read, in relation to a relevant nuclear

site, as a reference to an inspector appointed by the Office for Nuclear

Regulation under that section.


For this purpose a relevant nuclear site is one in relation to which the

Office for Nuclear Regulation has responsibility for the enforcement

of any of the relevant statutory provisions (within the meaning of Part

1 of the 1974 Act) by virtue of section 18(1A) or (2) of the 1974 Act.”

44C
In section 74 (seizure and detention of explosives liable to forfeiture), after

subsection (6) insert the following paragraph—

“
In this section, any reference to an inspector appointed by the Health

and Safety Executive under section 19 of the Health and Safety at

Work etc. Act 1974 (“the 1974 Act”) is to be read, in relation to

Public Bill Committee: 29 January 2013
90

Energy Bill, continued

anything found on a relevant nuclear site, as a reference to an inspector

appointed by the Office for Nuclear Regulation under that section.


For this purpose a relevant nuclear site is one in relation to which the

Office for Nuclear Regulation has responsibility for the enforcement

of any of the relevant statutory provisions (within the meaning of Part

1 of the 1974 Act) by virtue of section 18(1A) or (2) of the 1974 Act.”

Factories Act 1961 (c. 34)

44D
In section 176(1) of the Factories Act 1961 (general interpretation), in the

definition of “inspector”, for the words from “means” to “and references”

substitute “, in relation to a factory, means an inspector appointed under

section 19 of the Health and Safety at Work etc. Act 1974 (“the 1974 Act”)—

(a)
in the case of a factory on a site in relation to which the Office

for Nuclear Regulation has responsibility for the enforcement of

any of the relevant statutory provisions (within the meaning of

Part 1 of the 1974 Act) by virtue of section 18(1A) or (2) of that

Act, by the Office for Nuclear Regulation;

(b)
in any other case, by the Health and Safety Executive,

and references” ’.

Mr John Hayes

104

Schedule  12,  page  167,  line  18,  at end insert—

‘Electricity Act 1989 (c. 29)

50A
The Electricity Act 1989 is amended as follows.

50B(1)
Section 3C (health and safety) is amended as follows.

      (2)
In subsection (1), for the words following “consult” substitute “—

(a)
the Health and Safety Executive about all electricity safety

issues, and

(b)
the Office for Nuclear Regulation about all electricity safety

issues relating to nuclear sites (within the meaning of Part 2 of

the Energy Act 2013),


which may be relevant to the carrying out of their respective functions

under this Part.”

      (3)
In subsection (3), after “Health and Safety Executive” insert “or the Office for

Nuclear Regulation”.

50C
In section 56C (references to the Competition Commission), in subsection

(6)(c), after “Health and Safety Executive” insert “, the Office for Nuclear

Regulation”. ’.

Mr John Hayes

105

Schedule  12,  page  168,  line  18,  at end insert—

‘Deregulation and Contracting Out Act 1994 (c. 40)

58A(1)
Section 37 of the Deregulation and Contracting Out Act 1994 (power to repeal

certain health and safety provisions) is amended as follows.

      (2)
In subsection (1), after paragraph (b) insert—

“(ba)
any of the relevant nuclear provisions,

Public Bill Committee: 29 January 2013
91

Energy Bill, continued

(bb)
any provision of regulations under section 54 of the Energy

Act 2013 which has effect in place of any of the relevant

nuclear provisions,”.

      (3)
In subsection (2), after paragraph (ac) insert—

“(ad)
in the case of regulations under paragraph (ba) or (bb) of that

subsection, the Office for Nuclear Regulation,”.

      (4)
In subsection (7) for “or (b)” substitute “(b), (ba) or (bb)”.

      (5)
In subsection (9)(a), for “or (b)” substitute “(b), (ba) or (bb)”.

      (6)
After subsection (9) insert—

“(10)
In subsection (1), “the relevant nuclear provisions” means—

(a)
sections 1, 3 to 6, 22 and 24A of the Nuclear Installations Act

1965, and

(b)
any regulations made under any of those sections,


so far as they have effect in England and Wales or Scotland.” ’.

Mr John Hayes

106

Schedule  12,  page  169,  line  6,  at end insert—

‘Energy Act 2004 (c. 20)

63A
The Energy Act 2004 is amended as follows.

63B
In section 14 (annual reports), in subsection (3)(g), after “with” insert “the

Office for Nuclear Regulation,”.

63C(1)
Schedule 2 (procedural requirements applicable to NDA’s strategy) is

amended as follows.

      (2)
In paragraph 4(2) (consultation by NDA), before paragraph (a) insert—

“(za)
the Office for Nuclear Regulation;”.

      (3)
In paragraph 5(9) (approval of strategy), after paragraph (a) insert—

“(aa)
the Office for Nuclear Regulation;”.

63D(1)
Schedule 3 (procedural requirements applicable to NDA’s annual plans) is

amended as follows.

      (2)
In paragraph 2(1) (consultation by NDA), before paragraph (a) insert—

“(za)
the Office for Nuclear Regulation;”.

      (3)
In paragraph 3(8) (approval of annual plan), after paragraph (a) insert—

“(aa)
the Office for Nuclear Regulation;”.’.

Mr John Hayes

107

Schedule  12,  page  169,  line  8,  leave out from ‘Part’ to ‘The’ in line 10 and insert ‘3

of Schedule 1 to the Civil Contingencies Act 2004 (category 2 responders: general), after

paragraph 29A insert—

“Miscellaneous

29B
’.

Public Bill Committee: 29 January 2013
92

Energy Bill, continued

Mr John Hayes

108

Schedule  12,  page  169,  line  10,  at end insert—

‘Railways Act 2005 (c. 14)

64A
Schedule 3 to the Railways Act 2005 (transfer of safety functions) is amended

as follows.

64B
In paragraph 1(5) (railway safety purposes), after paragraph (b) (but before the

“and” immediately following it) insert—

“(ba)
the Office for Nuclear Regulation;”.

64C(1)
Paragraph 2 (ORR’s principal railway safety functions) is amended as follows.

      (2)
In sub-paragraph (6), for the words following “must” substitute “—

(a)
if the proposals relate to regulations that are relevant to the

ONR’s purposes (within the meaning of Part 2 of the

Energy Act 2013), consult the Office for Nuclear

Regulation;

(b)
in any case, consult—

(i)
such government departments, and

(ii)
such other persons,


as it considers appropriate.”

      (3)
In sub-paragraph (7), at the end insert “and, if the regulations are relevant to

the ONR’s purposes (within the meaning of Part 2 of the Energy Act 2013), the

Office for Nuclear Regulation”.

64D
In paragraph 4 (reports and investigations), after sub-paragraph (4) insert—

“(4A)
The Office of Rail Regulation must consult the Office for Nuclear

Regulation before taking any step under sub-paragraph (1) in

relation to a matter which appears to the Office of Rail Regulation

to be, or likely to be, relevant to the ONR’s purposes (within the

meaning of Part 2 of the Energy Act 2013).” ’.

Mr John Hayes

109

Schedule  12,  page  170,  line  16,  after ‘meaning’ insert ‘of Part 1’.

Mr John Hayes

110

Schedule  12,  page  171,  line  13,  after ‘meaning’ insert ‘of Part 1’.

Mr John Hayes

111

Schedule  12,  page  171,  line  21,  at end insert—

‘National Health Service Act 2006 (c. 41)

69A
In section 2A of the National Health Service Act 2006 (Secretary of State’s

duty as to protection of public health)—

(a)
in subsection (3)(b), for “the Health and Safety Executive” substitute

“a relevant body”;

(b)
in subsection (4)(a), for “Health and Safety Executive” substitute

“relevant body”;

(c)
after subsection (4) insert—



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