House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

Consideration of Bill: 4 June 2013
268

Energy Bill, continued

“Fuel poverty tax”

John Robertson

Jim Sheridan

Graeme Morrice

Kate Hoey

Mr David Anderson

John McDonnell

Martin Caton

Steve McCabe

Katy Clark

Mr Michael McCann

Mike Gapes

Mrs Mary Glindon

Mark Durkan

Mr George Howarth

Mark Lazarowicz

Mr Mark Williams

Caroline Lucas

NC1

To move the following Clause:—

‘(1)
The energy regulator, Ofgem, may—

(a)
monitor the accounts of all vertical subsidiaries of energy companies;

(b)
require energy companies to provide full, detailed and separate accounts

of all activities in its group both in the supply and provision sides, where

“group” includes all undertakings controlled by, controlling or under

common control with such energy companies and “control” is defined by

Ofgem but includes ownership to the extent of 50 per cent. or more;

(c)
impose a fine up to a maximum of 5 per cent. of turnover, a “Fuel Poverty

Tax” on any energy company that is deemed by Ofgem to have made

“excessive profit”, a term to be determined under statutory instruments

approved by resolution of both Houses of Parliament and revised each

year.

(2)
The power under subsection (1) may be exercised for the purpose only of—

(a)
promoting competition in domestic supplies of gas and electricity; or

(b)
mitigating the effects for domestic customers of rising gas and electricity

prices.

(3)
The revenues raised from any “fuel poverty tax” shall be used to tackle the worst

cases of fuel poverty.’.

Strategy for electricity demand reduction

Caroline Lucas

NC2

To move the following Clause:—

‘(1)
The Secretary of State must within 12 months of the passing of this Act publish

a strategy setting out policies to achieve a reduction in demand for electricity of

at least 103 TWh by 2020 and 154 TWh by 2030.

(2)
The strategy must include an assessment of the cost effectiveness of the policies
5
included in it.

(3)
Before publishing the strategy the Secretary of State must consult such persons

as in his opinion may have information that will assist him in drawing up the

strategy.

(4)
The Secretary of State must—

Consideration of Bill: 4 June 2013
269

Energy Bill, continued

10
(a)
implement the strategy; and

(b)
report to Parliament every year on progress.’.

As an Amendment to Caroline Lucas’s proposed New Clause (Strategy for electricity

demand reduction) (NC2):—

Mr Christopher Chope

Mr Edward Leigh

(a)

Line  11,  at end add—

‘(5)
Nothing in the strategy shall rely upon the use of the price mechanism to reduce

demand.’.

Community rights to priority access to local power generation and local grid ownership

Caroline Lucas

NC3

To move the following Clause:—

‘(1)
The Secretary of State must within one year of the passing of this Act consult on

and bring forward mechanisms to give local communities the rights to—

(a)
priority access to electricity generation where an energy scheme is owned

wholly or partly by a local community;

(b)
access to electricity generated at wholesale market prices where an

energy scheme is owned wholly or partly by a local community; and

(c)
ownership of local distribution networks.’.

Energy contract rollovers for small businesses

Caroline Lucas

NC4

To move the following Clause:—

‘(1)
The Secretary of State must make regulations to require Ofgem to amend

Standard License Condition 7A (SLC7A) to limit energy contract rollovers for

small businesses to 30 days.

(2)
The power to make regulations is exercisable by statutory instrument.

(3)
A statutory instrument containing regulations under this section may not be made

unless a draft of the instrument has been laid before and approved by a resolution

of each House of Parliament.

(4)
The regulations under subsection (1) shall provide for the 30-day limit to come

into force after the publishing of a report by Ofgem on the practice of out of

contract rates and the related altering of supplier license conditions, following the

passing of this Act.

(5)
In this section, “small business” means a business—

Consideration of Bill: 4 June 2013
270

Energy Bill, continued

(a)
which has—

(i)
fewer than 10 employees (or full-time equivalent), and

(ii)
an annual turnover or annual balance sheet not exceeding 2

million euros; or

(b)
which uses less than 293,000 kWh of gas per year and 100,000 kWh of

electricity per year.

“energy contract roll-over” means the transfer by an energy supplier of a

consumer nearing the end of a fixed term, fixed rate tariff, to another

fixed rate for a further fixed period without the customer actively

indicating his or her desire to do so.’.

Early payment of winter fuel allowance in certain circumstances

Mr Mike Weir

Hywel Williams

Katy Clark

Ms Margaret Ritchie

NC6

To move the following Clause:—

‘The Social Fund Winter Fuel Payment Regulations 2000 (S.I. 2000/729

S.I.2000/729) are amended as follows.

(1)
In regulation 1(2) leave out ““qualifying week” means in respect of any year the

week beginning on the third Monday in the September of that year” and insert—

““qualifying week” means—

(a)
in respect of any year for an applicant whose home is connected

to the mains gas grid the week beginning on the third Monday in

the September of that year; or

(b)
in respect of any year for an applicant whose home is not

connected to the mains gas grid the week beginning on the third

Monday in the July of that year.”.

(2)
The Social Fund Winter Fuel Payment Regulations 2000 (S.I. 2000/729S.I. 2000/

729) are amended as follows.

(3)
In regulation 4, leave out paragraph (1) and insert—

“(1)
Subject to paragraph (2) the Secretary of State may make a winter fuel

payment under regulation 2 to a person who (disregarding regulation

3(b)) appears from official records held by the Secretary of State to be

entitled to a payment under that regulation—

(a)
in respect of an applicant whose home is not connected to the

mains gas grid, before 30 September of the year in which the

qualifying week falls, or

(b)
in respect of an applicant whose home is connected to the mains

gas grid, before 31 March of the year following the year in which

the qualifying week falls.

(1A)
Payments made under paragraph (1)(a) are made in respect of the

forthcoming winter.

Consideration of Bill: 4 June 2013
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Energy Bill, continued

(1B)
Payments made under paragraph (1)(b) are made in respect of the

preceding winter.”.’.

Environmental impact of transmission

Dr Liam Fox

Glyn Davies

Mr Adam Holloway

Miss Anne McIntosh

David T.C. Davies

Mrs Eleanor Laing

Mr James Gray

Zac Goldsmith

NC7

To move the following Clause:—

‘(1)
The Electricity Act 1989 is amended as follows.

(2)
In section 9 (general duties of licence holders), after subsection (1)(b) insert—

“(c)
to have regard for the protection of the environment and, in

particular, to conserve the natural beauty and amenity of the
5
countryside.”

(3)
In section 9 (general duties of licence holders), after subsection (2)(b) insert—

“(c)
to have regard for the protection of the environment and, in

particular, to conserve the natural beauty and amenity of the
10
countryside.”

(4)
In Schedule 9 (preservation of amenity and fisheries), in sub-paragraph (1)(b)

leave out “mitigate” and insert “avoid, or where appropriate minimise”.’.

As Amendments to Dr Liam Fox’s proposed New Clause (Environmental impact of

transmission) (NC7):—

Mr Christopher Chope

Mr Edward Leigh

(a)

Line  5,  at end insert ‘and coastal waters’.

Mr Christopher Chope

Mr Edward Leigh

(b)

Line  9,  at end insert ‘and coastal waters’.

Consideration of Bill: 4 June 2013
272

Energy Bill, continued

Installation and replacement of meters to provide for carbon monoxide safety

Mr Barry Sheerman

NC16

To move the following Clause:—

‘(1)
The Secretary of State, after conultation with the Health and Safety Executive,

shall make regulations to provide as follows—

(a)
no person shall replace or install a meter or a smart meter in any premises

unless he is equipped with a personal alarm monitor for detecting carbon

monoxide gas;

(b)
where a person replaces or installs a meter or a smart meter he shall

ensure that—

(i)
all gas appliances in the premises are adequately tested for

emissions of carbon monoxide gas, using equipment suitable for

detecting and recording parts per million of carbon monoxide;

(ii)
a record of these tests is provided firstly to the occupier and any

person who could have been exposed and secondly to the person

responsible in writing including the parts per million of carbon

monoxide found if any, the date of the test, the name of the first

call operative and their gas safe register number and the postal

address of the property;

(iii)
before any changes are made an appliance etc or any appliance is

removed, an opportunity must be afforded to those potentially

exposed to carbon monoxide gas to consider their rights of

redress including legal redress;

(iv)
immediately following installation the meters are adequately

tested to verify that there are no dangerous emissions of carbon

monoxide gas;

(v)
the manufacturer’s instructions are provided to the occupier and

any person responsible; and

(vi)
the occupier and any person responsible are advised to fit an

audible alarm system certified to EN 50291 standard or its

equivalent successor certification and of the importance of

proper and regular maintenance;

(c)
regulation 26(10) of the Gas Safety (Installation and Use) Regulations

1998 (which removes safeguards in circumstances of disconnection or

purging of gas or air from an appliance) is hereby repealed.’.

Carbon monoxide safety board

Mr Mike Hancock

NC 17

To move the following Clause:—

‘(1)
There shall be a Carbon Monoxide Safety Board.

(2)
The Carbon Monoxide Safety Board shall consist of a chairperson and six other

members of whom—

(a)
the chairperson shall be a person appointed by the Secretary of State who

the Secretary of State is satisfied has no interest connected with carbon

Consideration of Bill: 4 June 2013
273

Energy Bill, continued

monoxide which might hinder them from discharging their function as a

member of the Board in an impartial manner;

(b)
three members shall be appointed by industry; and

(c)
three members shall be appointed by appropriate consumer safety

groups.

(3)
All members of the Board shall hold office for 12 months following which period

they shall be eligible for reappointment for a maximum of two further terms.

(4)
The Board may pay the chairperson such remuneration and to any member of the

Board, travelling, subsistence and other allowances at such rates as the Board

may with the approval of the Secretary of State determine.

(5)
The Board shall employ an administrator on such terms as to remuneration,

pensions or otherwise as the Board may determine.

(6)
The Board may appoint such other officers, servants and agents on such terms as

to remuneration, pensions or otherwise as the Board may determine.

(7)
The chairperson is to have a casting vote on all matters for decision by the Board.

(8)
The Board may regulate their own procedure and make standing orders governing

the conduct of their business.’.

Carbon monoxide safety levy

Mr Mike Hancock

NC 18

To move the following Clause:—

‘(1)
There shall be a carbon monoxide safety levy.

(2)
The carbon monoxide safety levy is a levy—

(a)
charged in respect of supplies of fuel that have been, or are expected to

be, made in each specified period, and

(b)
payable in respect of each such period by persons who make, or are

expected to make, the supplies.

(3)
In subsection (2) fuel includes gas, solid fuel, heating oil, paraffin and barbeque

fuel.

(4)
The Secretary of State may from time to time by order specify the rate of the levy

to be charged.

(5)
The order may, in particular, make provision about any of the following

matters—

(a)
what a supply of fuel is for the purposes of the levy;

(b)
when a supply of fuel is, or is expected to be, made for those purposes;

(c)
who makes, or is expected to make, a supply of fuel for those purposes;

(d)
the rates or amounts of the levy, or how such rates or amounts are to be

determined;

(e)
payment of the levy, including deadlines for payment in respect of each

period and interest in respect of late payment;

(f)
administration of the levy;

(g)
audit of information (whether by the administrator of the levy or a third

party) including requirements for audits to be paid by the person whose

information is subject to the audit;

Consideration of Bill: 4 June 2013
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Energy Bill, continued

(h)
provision of information, including its provision to third parties in

specified circumstances;

(i)
enforcement of the levy;

(j)
insolvency of person liable to pay the levy;

(k)
reviews and appeals; and

(l)
the functions of the Carbon Monoxide Safety Board in connection with

the levy;

(6)
The administrator of the levy, in the case of persons who make, or are expected

to make, supplies of fuel in Great Britain, is the Carbon Monoxide Safety Board.

(7)
In a case where a person liable to pay the levy has made any overpayment or

underpayment (whether arising because an estimate turns out to be wrong or

otherwise), provision under subsection (5)(e) may require the amount of the

overpayment or underpayment (including interest) to be set off against, or added

to, any subsequent liability of the person to pay the levy.

(8)
Provision under subsection (5)(i) may include provision for the imposition of

penalties if a requirement in respect of the levy is breached (whether financial or

not, but not including the creation of criminal offences).’.

Use of levy payments

Mr Mike Hancock

NC19

To move the following Clause:—

‘(1)
Amounts payable in respect of the carbon monoxide safety levy are to be paid to

the Carbon Monoxide Safety Board.

(2)
Subject to section [Carbon Monoxide Safety Board] (5) and (6) amounts paid to

the Board may be used only—

(a)
for the purpose of raising awareness among the general public of the

dangers of carbon monoxide poisoning and the risk of injury or death

from carbon monoxide poisoning and other combustion products;

(b)
for research into the products of combustion and the consequences on the

health of those exposed to products of combustion with the aim of

developing measures to reduce deaths and injuries; and

(c)
for measures, which in the opinion of the Board are likely to reduce

deaths and injuries from carbon monoxide poisoning and other

combustion products or assist victims, their families, friends and

colleagues.

(3)
The order may contain further provision about—

(a)
the time by which the Board must spend the funds paid under the carbon

monoxide safety levy for the purposes set out in subsection (2); and

(b)
the manner in which any such payments are to be made.

(4)
Subsections (2) and (3) are subject to subsections (5) to (7).

(5)
The order may provide for amounts received by the Board under subsection (1)

to be used by the administrator to make payments into the Consolidated Fund in

respect of costs (or a proportion of costs) which have been or are expected to be

incurred by the Secretary of State, in connection with the performance of

functions conferred by or under section [carbon monoxide safety levy] and this

section.



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