House of Commons Notices of Amendments
given on
Thursday 11 April 2013
For other Amendment(s) see the following page(s) of Supplement to Votes:
757-60, 765, 805-06 827-28, 895-96, 1009-11, 1107-08 and 1117

Consideration of Bill
Energy Bill , As Amended

Energy contract rollovers for small businesses

Martin Horwood

Joan Walley

Caroline Lucas

Mr Mike Weir

NC5

To move the following Clause:—

‘Schedule [The Expert Panel] has effect.’.

Martin Horwood

Joan Walley

Caroline Lucas

Mr Mike Weir

NS1

Schedule 1

‘The Expert Panel

Regulations shall establish a panel of experts (in this Act referred to as “the
Expert Panel”) in accordance with paragraphs (2) to (6) below.

Duty to consult

(1) Regulations made by virtue of paragraph 1 shall provide that before—

(a) any contracts for differences are entered into under Part 1; or

(b) any investment contracts are entered into under Schedule 3

the Secretary of State shall seek advice from, and the opinion of, the Expert
Panel in relation to the matters specified in sub-paragraph (2) below.

(2) The matters in relation to which advice and opinion is to be sought from the
Expert Panel are—

(a) any advice provided to the Secretary of State by the national system
operator;

(b) the financial and other terms on which it is proposed a contract for
difference or an investment contract be entered into;

(c) whether the agreed strike price (or equivalent) and the term of the
contract represents value for money for consumers; and

(d) whether, in all the circumstances, it is appropriate for the CFD
Counterparty to enter into the relevant contract.

(3) Where the Secretary of State proposes to disregard in whole or in part any of
the advice or opinion provided by the Expert Panel, he shall be under a duty to
ensure the Expert Panel is provided with his reasons for disregarding or
disagreeing with the advice or opinion and place a copy of the reasoning in the
Library of the House.

Regulations made by virtue of paragraph 1 shall also—

(1) provide that it shall be the duty of the Secretary of State and the national
system operator to provide the Expert Panel with all such information as it may
require;

(2) require the Expert Panel to provide the Authority and Parliament with details
of any advice and opinion provided under this Part;

(3) require the Expert Panel to publish minutes of its meetings; and

(4) permit the Expert Panel to publish such information as the Expert Panel thinks
fit about the advice it gives.

Membership etc. of the Expert Panel

The members of the Expert Panel shall be appointed by the Secretary of State
and shall comprise a Chairman, a consumer representative, a representative of
the Committee on Climate Change, a representative of the Authority and such
other members as the Secretary of State may decide.

(1) In appointing persons to be members of the Expert Panel, the Secretary of State
must secure, so far as practicable, that the Expert Panel—

(a) is independent; and

(b) is comprised of technical, academic, economic, legal and such other
experts necessary to give the informed advice required.

(2) The Expert Panel must not include any person who is—

(a) employed by an eligible generator, or who has been employed by an
eligible generator in the previous 12 months;

(b) employed by an electricity supplier, or who has been employed by an
electricity supplier in the previous 12 months; or

(c) employed by the national system operator.

(3) The Chairman and every member of the Expert Panel—

(a) shall be appointed for a fixed period, specified in the terms of their
appointment, but shall be eligible for reappointment at the end of that
period;

(b) shall not serve on the Expert Panel for longer than eight years in total;

(c) may at any time be removed by a notice from the Expert Panel to the
Secretary of State following a majority vote.

Committees and other procedures of the Expert Panel

The Expert Panel may make such arrangements as they think fit—

(a) for committees established by the Expert Panel to give advice to it
about carrying out the Expert Panel’s functions, providing such

committees only include persons who are members of the Expert
Panel;

(b) for regulating its own procedure and for regulating the procedure of
committees established by them, including timescales of giving
advice, as it sees fit;

(c) as to quorums and the making of decisions by majority.’.