House of Commons Public Bill Committee Proceedings

Session 2012 - 13
Internet Publications
Other Bills before Parliament

17

House of Commons

Tuesday 29 January 2013

Public Bill Committee Proceedings

Energy Bill

[NiNTH AND TenTH Sittings]

Dr Alan Whitehead

Withdrawn  73

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

permanently’.

Tom Greatrex

Luciana Berger

Withdrawn  58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

Not called  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

Not called  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.’.

Clause Agreed to.

Tom Greatrex

Luciana Berger

Not called  60

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

Public Bill Committee Proceedings: 29 January 2013
18

Energy Bill, continued

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

(4) before both Houses of Parliament.’.

Tom Greatrex

Luciana Berger

Not called  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.’.

Clause Agreed to.

Tom Greatrex

Luciana Berger

Withdrawn  62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.’.

Clause Agreed to.

Clause 21 Agreed to.

Tom Greatrex

Luciana Berger

Not called  63

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

generating plant.’.

Tom Greatrex

Luciana Berger

Not called  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;

Public Bill Committee Proceedings: 29 January 2013
19

Energy Bill, continued

(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.’.

Clause Agreed to.

Clause 23 Agreed to.

Tom Greatrex

Luciana Berger

Not called  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.’.

Clause Agreed to.

Tom Greatrex

Luciana Berger

Not called  66

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

Clause Agreed to.

Clauses 25 to 28 Agreed to.

Mr John Hayes

Agreed to  8

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

Tom Greatrex

Luciana Berger

Not called  76

Clause  29,  page  15,  line  36,  leave out from ‘if’ to end of line 37 and insert ‘the body

acting by virtue of section 4(2) is a holder of a licence to distribute electricity by virtue of

section 6(1)(a) to (e) of the Electricity Act 1989.’.

Public Bill Committee Proceedings: 29 January 2013
20

Energy Bill, continued

Mr John Hayes

Agreed to  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)’.

Clause, as amended, Agreed to.

Tom Greatrex

Luciana Berger

Not called  77

Clause  30,  page  17,  line  20,  at end insert—

‘(e)
the Secretary of State must report annually to Parliament on the

performance of the national system operator.’.

Mr John Hayes

Agreed to  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)’.

Clause, as amended, Agreed to.

Clause 31 Agreed to.

Mr John Hayes

Agreed to  9

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

Schedule Agreed to.

Mr John Hayes

Agreed to  3

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

Clause, as amended, Agreed to.

Clause 33 Agreed to.

Tom Greatrex

Luciana Berger

Withdrawn  78

Schedule  3,  page  99,  line  40,  at end insert—

Public Bill Committee Proceedings: 29 January 2013
21

Energy Bill, continued

  ‘(3A)
Provision by virtue of subsection (1)(c) must include provision about a panel

of independent experts to advise on the amounts to be paid;

(a)
a panel of independent experts must include a consumer

representative;

(b)
advice provided by a panel of independent experts must be laid before

Parliament.’.

Tom Greatrex

Luciana Berger

Not called  79

Schedule  3,  page  100,  line  4,  at end insert—

‘(c)
within three days of the contract being entered into.’.

Tom Greatrex

Luciana Berger

Not called  80

Schedule  3,  page  100,  line  27,  leave out ‘in the opinion of the Secretary of State,

materially’ and insert ‘in the opinion of the independent panel of experts,’.

Tom Greatrex

Luciana Berger

Negatived on division  81

Schedule  3,  page  100,  line  44,  leave out sub-paragraph (4).

Barry Gardiner

Negatived on division  75

Schedule  3,  page  101,  line  14,  leave out sub-paragraphs (c) and (d) and insert—

‘(c)
not information which relates to liabilities or risks that would be placed

on energy consumers or on the public balance sheet.’.

Mr John Hayes

Agreed to  23

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

CFD counterparty’.

Mr John Hayes

Agreed to  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

Agreed to  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

Not called  82

Schedule  3,  page  103,  line  15,  leave out ‘may’ and insert ‘must’.

Public Bill Committee Proceedings: 29 January 2013
22

Energy Bill, continued

Tom Greatrex

Luciana Berger

Negatived on division  83

Schedule  3,  page  103,  line  27,  at end insert—

‘(e)
an annual report by the Secretary of State laid before Parliament on the

impact of provisions under this section on consumer bills;

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

provisions under this section.’.

Tom Greatrex

Luciana Berger

Negatived on division  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.’.

Tom Greatrex

Luciana Berger

Not called  84

Schedule  3,  page  104,  line  18,  leave out sub-paragraph (4).

Tom Greatrex

Luciana Berger

Not called  85

Schedule  3,  page  104,  line  48,  at end insert—

‘(h)
for the information provided by virtue of sub-paragraphs (a) to (c) to

be laid before Parliament.’.

Tom Greatrex

Luciana Berger

Not called  86

Schedule  3,  page  105,  line  12,  at end insert—

      ‘()
Any advice offered or determinations made by virtue of this paragraph must be

laid before Parliament within one month of the offering of advice or making of

a determination.’.

Tom Greatrex

Luciana Berger

Not called  87

Schedule  3,  page  105,  line  32,  at end insert—

‘(e)
any person who is a holder of a licence to supply electricity under

section 6(1)(d) of EA 1989,

Public Bill Committee Proceedings: 29 January 2013
23

Energy Bill, continued

(f)
any person who is a holder of a licence under Article 10(1)(b) or (c) of

the Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I.1))

(transmission or supply licence),

(g)
the Committee on Climate Change,

(h)
the Panel of independent experts.’.

Tom Greatrex

Luciana Berger

Not called  88

Schedule  3,  page  106,  line  9,  after ‘may’, insert ‘only’.

Tom Greatrex

Luciana Berger

Not called  89

Schedule  3,  page  106,  line  9,  leave out ‘as well as consultation after,’.

Tom Greatrex

Luciana Berger

Not called  90

Schedule  3,  page  106,  line  38,  at end insert—

    ‘(4)
Provision by virtue of sub-paragraph (1) must be laid before Parliament within

three working days of any direction.’.

Tom Greatrex

Luciana Berger

Not called  91

Schedule  3,  page  106,  line  38,  at end insert—

      ‘()
Provision by virtue of sub-paragraph (3)(b) should be accompanied by a

statement to Parliament outlining the reasons for any variation or termination

of an investment contract.’.

Tom Greatrex

Luciana Berger

Not called  92

Schedule  3,  page  107,  line  7,  at end insert—

      ‘()
The Secretary of State must make a statement to Parliament setting out the

compatibility of sub-paragraph (1) with paragraph 14.’.

Mr John Hayes

Agreed to  26

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

Tom Greatrex

Luciana Berger

Not called  93

Schedule  3,  page  108,  line  29,  at end insert—

      ‘()
Provision made by virtue of this paragraph must be laid before Parliament

before the agreement of any compensation.

      ()
The Secretary of State must set out the reasons why he/she believes the person

subject to a scheme by virtue of this paragraph has been adversely affected.

      ()
Provision made by virtue of this paragraph must identify the source of

compensation paid by the Secretary of State.’.



© Parliamentary copyright	Revised 30 January 2013