House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Notices of Amendments: 20 May 2013
100

Energy Bill, continued

‘(e)
provision for requiring a licence holder to change the domestic tariff on

which it supplies gas or electricity to a domestic customer who is on a

closed tariff by—

(i)
switching to a different domestic tariff for the time being offered

by the licence holder, unless the customer objects, or

(ii)
offering the customer, or inviting the customer to switch to, a

different domestic tariff for the time being offered by the licence

holder.’.

Secretary Edward Davey

126

Clause  121,  page  92,  line  17,  at end insert—

‘( )
Any limit imposed by virtue of subsection (3)(b) on the number of tariffs, or

tariffs of any category, that a licence holder may adopt must be greater than the

number of standard domestic tariffs, or (as the case may be) standard domestic

tariffs of that category, that the licence holder is required to adopt.’.

Secretary Edward Davey

127

Clause  121,  page  92,  line  38,  at end insert—

‘( )
may make provision for determining when a licence holder is, or is not,

to be regarded as offering to supply gas or electricity on a particular tariff

(or as offering other terms in connection with domestic supply contracts)

for the purpose of a relevant provision;

( )
may make provision for supplies (or proposed supplies) of gas or

electricity to be regarded as being on the same tariff or different tariffs

for the purpose of a relevant provision;’.

Secretary Edward Davey

128

Clause  121,  page  93,  line  17,  at end insert—

‘“closed tariff” means a domestic tariff on which a licence holder—

(a)
supplies gas or electricity to customers under existing domestic

supply contracts, but

(b)
no longer offers to supply gas or electricity to customers who are

not already on the tariff;’.

Secretary Edward Davey

129

Clause  121,  page  93,  line  25,  leave out from ‘tariff”’ to end of line 26 and insert

‘means the set of principal terms of a domestic supply contract (or proposed domestic

supply contract);’.

Secretary Edward Davey

130

Clause  121,  page  93,  line  41,  leave out from ‘period’ to end of line 42 and insert ‘to

be determined by the licence holder, but

(b)
may not include any term setting the amount of a charge or rate or

otherwise specifying how it is to be determined.’.

Secretary Edward Davey

131

Clause  121,  page  93,  line  45,  leave out ‘and’ and insert—

Notices of Amendments: 20 May 2013
101

Energy Bill, continued

‘( )
a domestic customer is on a particular domestic tariff if gas or electricity

is supplied to the customer on that tariff, and’.

Secretary Edward Davey

132

Clause  121,  page  93,  line  47,  at end insert ‘(and references to adopting a tariff

include references to doing either or both of them).’.

Secretary Edward Davey

133

Clause  121,  page  94,  line  1,  leave out from second ‘of’ to end of line 3 and insert

‘domestic supply contracts which are the principal terms of such contracts.’.

Secretary Edward Davey

134

Clause  133,  page  102,  line  26,  leave out ‘a person who is’.

Secretary Edward Davey

135

Clause  133,  page  102,  line  30,  after ‘operator’ insert ‘, a person or body on whom

a function is conferred by virtue of section [Provision about electricity demand

reduction]’.

Secretary Edward Davey

136

Clause  134,  page  103,  line  19,  leave out from ‘(a)’ to ‘to’ in line 20 and insert

‘paragraph 22 (amendment of section 24A of the Nuclear Installations Act 1965 as it has

effect in England and Wales and Scotland) extends’.

Secretary Edward Davey

137

Schedule  8,  page  139,  line  5,  leave out ‘not exceeding £20,000,’ and insert ‘(in

England and Wales) or a fine not exceeding £20,000 (in Scotland or Northern Ireland),’.

Secretary Edward Davey

138

Schedule  8,  page  143,  line  34,  leave out ‘not exceeding £20,000,’ and insert ‘(in

England and Wales) or a fine not exceeding £20,000 (in Scotland or Northern Ireland),’.

Secretary Edward Davey

139

Schedule  8,  page  144,  line  5,  after ‘to’ insert ‘—

(i)
in England and Wales, a fine, or

(ii)
in Scotland or Northern Ireland’.

Secretary Edward Davey

140

Schedule  8,  page  144,  line  13,  after ‘to’ insert ‘—

(i)
in England and Wales, a fine, or

(ii)
in Scotland or Northern Ireland,’.

Notices of Amendments: 20 May 2013
102

Energy Bill, continued

Secretary Edward Davey

141

Schedule  9,  page  147,  line  29,  leave out ‘not exceeding the statutory maximum’

and insert ‘(in England and Wales) or a fine not exceeding the statutory maximum (in

Scotland or Northern Ireland)’.

Secretary Edward Davey

142

Schedule  10,  page  157,  line  42,  leave out ‘not exceeding £20,000,’ and insert ‘(in

England and Wales) or a fine not exceeding £20,000 (in Scotland or Northern Ireland),’.

Secretary Edward Davey

143

Schedule  12,  page  168,  line  17,  leave out from beginning to end of line 12 on page

171 and insert—

‘16
For section 1 substitute—

“16
Restriction of certain nuclear installations to licensed sites

(1)
No person may use a site for the purpose of installing or operating—

(a)
any nuclear reactor (other than a nuclear reactor comprised in

a means of transport, whether by land, water or air), or

(b)
any other installation of a prescribed kind,


unless a licence to do so has been granted in respect of the site by the

appropriate national authority and is in force.

(2)
Such a licence is referred to in this Act as a “nuclear site licence”.

(3)
The only kinds of installation that may be prescribed under subsection

(1)(b) are installations (other than nuclear reactors) designed or

adapted for—

(a)
producing or using atomic energy,

(b)
any process which—

(i)
is preparatory or ancillary to producing or using

atomic energy, and

(ii)
bulk quantities of other radioactive matter which has

been produced or irradiated in the course of the

production or use of nuclear fuel.

(4)
Regulations under subsection (1)(b) may make provision for

exempting an installation from subsection (1).

(5)
Regulations made by virtue of subsection (4)—

(a)
may provide for any exemption to be conditional;

(b)
may not result in an installation being exempt from subsection

(1) unless the Secretary of State is satisfied that it is not a

relevant installation (or, in the case of a conditional

exemption, would not be a relevant installation if the

prescribed conditions were satisfied).

(6)
Before exercising any function under subsection (1)(b), (4) or (5) in or

as regards Scotland, the Secretary of State must consult the Scottish

Ministers.

(7)
Any person who contravenes subsection (1) is guilty of an offence.

Notices of Amendments: 20 May 2013
103

Energy Bill, continued

(8)
A person convicted of an offence under subsection (7) in England and

Wales or Scotland is liable—

(a)
on conviction on indictment to imprisonment for a term not

exceeding 2 years, or a fine, or both;

(b)
on summary conviction to imprisonment for a term not

exceeding 12 months, or a fine (in England and Wales) or a

fine not exceeding £20,000 (in Scotland), or both.

(9)
A person convicted of an offence under subsection (7) in Northern

Ireland is liable—

(a)
on conviction on indictment to imprisonment for a term not

exceeding 5 years, or a fine, or both;

(b)
on summary conviction to imprisonment for a term not

exceeding 3 months, or a fine not exceeding the prescribed

sum, or both.

(10)
In relation to an offence committed before the commencement of

section 154(1) of the Criminal Justice Act 2003 (general limit on

magistrates’ court’s power to imprison), the reference to 12 months in

subsection (8)(b), as it has effect in England and Wales, is to be read

as a reference to 6 months.

(11)
Subsection (1) is subject to section 47 of the Energy Act 2008

(prohibition in England and Wales and Northern Ireland on use of site

in absence of approved funded decommissioning programme).”

17
For section 1 substitute—

“3
Grant and variation of nuclear site licences

(1)
A nuclear site licence—

(a)
may be granted only to a body corporate;

(b)
is not transferable.

(2)
The appropriate national authority must consult the appropriate

environment authority before granting a nuclear site licence.

(3)
Two or more installations in the vicinity of one another may, if the

appropriate national authority consider appropriate, be treated for the

purposes of the grant of a nuclear site licence as being on the same site.

(4)
Subject to subsection (8), where an application is made for a nuclear

site licence, the appropriate national authority may direct the applicant

to serve a notice on any public authority specified in the direction.

(5)
For this purpose “public authority” includes—

(a)
in relation to a site in England or Wales, a water undertaker;

(b)
in relation to a site in Scotland, Scottish Water;

(c)
in relation to a site in Northern Ireland, a water undertaker

(within the meaning of the Water and Sewerage Services)

(Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)).

(6)
Such a notice must—

(a)
state that the application has been made,

(b)
give such particulars about the proposed use of the site under

the licence as may be specified in the direction, and

Notices of Amendments: 20 May 2013
104

Energy Bill, continued

(c)
state that the body on whom it is served may make

representations about the application to the appropriate

national authority within three months of the date of service.

(7)
Where a direction has been given under subsection (4), the appropriate

national authority may not grant the licence unless it is satisfied that—

(a)
three months have passed since the service of the last of the

notices required by the direction, and

(b)
the authority has considered any representations made in

accordance with any of those notices.

(8)
Subsection (4) does not apply in relation to an application in respect of

a site for a generating station where—

(a)
a consent under section 36 of the Electricity Act 1989 is

required for the operation of the station (or would be required

but for an order under the Planning Act 2008 granting

development consent for the site), or

(b)
a consent under Article 39 of the Electricity (Northern

Ireland) Order 1992 is required for the operation of the station.

(9)
A nuclear site licence may include provision about when section 19(1)

is to start to apply in relation to the licensed site.

(10)
But, if the licence relates to a site in England, Wales or Scotland, such

a provision may be included only with the consent of the Secretary of

State.

(11)
Where a nuclear site licence includes such a provision, section 19(1)

does not apply in relation to the site until—

(a)
the time determined in accordance with the provision, or

(b)
if earlier, the time when the site is first used for the operation

of a nuclear installation after the grant of the licence.

(12)
The appropriate national authority may from time to time vary a

nuclear site licence by excluding from it any part of the licensed site—

(a)
which the licensee no longer needs for any use requiring such

a licence, and

(b)
with respect to which the appropriate national authority is

satisfied that there is no danger from ionising radiations from

anything on that part of the site.

(13)
The appropriate national authority must consult the appropriate

environment authority before varying a nuclear site licence if the

variation relates to or affects the creation, accumulation or disposal of

radioactive waste—

(14)
In subsection (13), “radioactive waste”—

(a)
in relation to a site in England or Wales, has the same meaning

as in the Environmental Permitting (England and Wales)

Regulations 2010 (S.I. 2010/675)

(b)
in relation to a site in Scotland or Northern Ireland, has the

same meaning as in the Radioactive Substances Act 1993.”

18
For section 4 substitute—

“4
Attachment of conditions to licences

(1)
The appropriate national authority—

Notices of Amendments: 20 May 2013
105

Energy Bill, continued

(a)
must, when it grants a nuclear site licence, attach to it such

conditions as the authority considers necessary or desirable in

the interests of safety, and

(b)
may attach such conditions to it at any other time.

(2)
For the purposes of subsection (1), “safety” in relation to a nuclear site

includes—

(a)
safety in normal circumstances, and

(b)
safety in the event of any accident or other emergency on the

site.

(3)
Conditions that may be attached to a licence by virtue of subsection (1)

may in particular include provision—

(a)
for securing that an efficient system is maintained for

detecting and recording the presence and intensity of any

ionising radiations from time to time emitted from anything

on the site or from anything discharged on or from the site;

(b)
with respect to the design, siting, construction, installation,

operation, modification and maintenance of any plant or other

installation on, or to be installed on, the site;

(c)
with respect to preparations for dealing with, and measures to

be taken on the happening of, any accident or other emergency

on the site;

(d)
without prejudice to sections 13 and 16 of the Radioactive

Substances Act 1993 or to the Environmental Permitting

(England and Wales) Regulations 2010 (S.I. 2010/675), with

respect to the discharge of any substance on or from the site.

(4)
The appropriate national authority may at any time attach to a nuclear

site licence such conditions as the appropriate national authority may

consider appropriate with respect to the handling, treatment and

disposal of nuclear matter.

(5)
The appropriate national authority may at any time vary or revoke any

condition for the time being attached to a nuclear site licence by virtue

of this section.

(6)
The appropriate national authority must consult the appropriate

environment authority before—

(a)
attaching any condition to a nuclear site licence, or

(b)
varying or revoking any condition attached to a nuclear site

licence,


if the condition relates to or affects the creation, accumulation or

disposal of radioactive waste.

(7)
In subsection (6) “radioactive waste”—

(a)
in relation to a site in England or Wales, has the same meaning

as in the Environmental Permitting (England and Wales)

Regulations 2010 (S.I. 2010/675);

(b)
in relation to a site in Scotland or Northern Ireland, has the

same meaning as in the Radioactive Substances Act 1993.

(8)
Any power under this section to attach, vary or revoke a condition is

exercisable in writing.

Notices of Amendments: 20 May 2013
106

Energy Bill, continued

(9)
The appropriate national authority must consider any representation

which is—

(a)
made to it by an organisation representing persons who have

duties on a site in respect of which a nuclear site licence is in

force, and

(b)
relates to the exercise by the authority of any of its powers

under this section in relation to the site.

(10)
Where a condition attached to a nuclear site licence by virtue of this

section is contravened, each of the following is guilty of an offence—

(a)
the licensee, and

(b)
any person having duties upon the site in question who

committed the contravention.

(11)
A person convicted of an offence under subsection (10) in England

and Wales or Scotland is liable—

(a)
on conviction on indictment to imprisonment for a term not

exceeding 2 years, or a fine, or both;

(b)
on summary conviction to imprisonment for a term not

exceeding 12 months, or a fine (in England and Wales) or a

fine not exceeding £20,000 (in Scotland), or both.

(12)
A person convicted of an offence under subsection (10) in Northern

Ireland is liable—

(a)
on conviction on indictment to imprisonment for a term not

exceeding 5 years, or a fine, or both;

(b)
on summary conviction to imprisonment for a term not

exceeding 3 months, or a fine not exceeding the prescribed

sum, or both.

(13)
In relation to an offence committed before the commencement of

section 154(1) of the Criminal Justice Act 2003 (general limit on

magistrates’ court’s power to imprison) the reference to 12 months in

subsection (11)(b), as it has effect in England and Wales, is to be read

as a reference to 6 months.”

19
For section 5 substitute—

“5
Revocation and surrender of licences

(1)
A nuclear site licence may at any time be—

(a)
revoked by the appropriate national authority, or

(b)
surrendered by the licensee.

(2)
The appropriate national authority must consult the appropriate

environment authority before revoking a nuclear site licence.

(3)
Subsections (4) to (6) apply where a nuclear site licence has been

revoked or surrendered.

(4)
If the appropriate national authority requires it to do so, the licensee

must deliver up or account for the licence to such person as the

appropriate national authority may direct.

(5)
During the remainder of the period of the licensee’s responsibility the

appropriate national authority may give the licensee such directions as

the authority may consider appropriate for preventing, or giving

warning of, any risk of—



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