Session 2014 - 15
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Other Bills before Parliament


 
 

Public Bill Committee:                               

66

 

, continued

 
 

(3)    

After Schedule 5A insert—

 

“SCHEDULE 5B

 

Reimbursement of persons who have met expenses

 

Power to make regulations

 

1    (1)  

The Secretary of State may, by regulations, make provision entitling

 

the relevant electricity distributor to exercise the reimbursement

 

powers in cases where conditions A, B, C and D are met.

 

      (2)  

Condition A is met if any electric line or electrical plant is provided

 

for the purpose of making a connection (the “first connection”)—

 

(a)    

between premises and a distribution system, or

 

(b)    

between two distribution systems.

 

      (3)  

Condition B is met if a payment in respect of first connection expenses

 

is made by one or more of the following persons—

 

(a)    

a person requiring the first connection in pursuance of section

 

16(1);

 

(b)    

a person who otherwise causes the first connection to be made

 

(including by means of contractual arrangements).

 

      (4)  

Condition C is met if any electric line or electric plant provided for the

 

purpose of making the first connection is used for the purpose of

 

making another connection (the “second connection”)—

 

(a)    

between premises and a distribution system, or

 

(b)    

between two distribution systems.

 

      (5)  

Condition D is met if the second connection is made within the

 

prescribed period after the first connection was made.

 

      (6)  

“First connection expenses” are any expenses reasonably incurred by

 

a person in providing any electric line or electric plant for the purpose

 

of making the first connection.

 

      (7)  

It does not matter whether the first connection, or the second

 

connection, is made by an electricity distributor or a person of another

 

description.

 

The reimbursement powers

 

2    (1)  

The “reimbursement powers” are—

 

(a)    

the power to demand a reimbursement payment from—

 

(i)    

a person requiring the second connection in

 

pursuance of section 16(1), or

 

(ii)    

a person who otherwise causes the second connection

 

to be made (including by means of contractual

 

arrangements); and

 

(b)    

the power to apply the reimbursement payment in making

 

such payments as may be appropriate towards reimbursing

 

any persons for any payments they were previously required

 

to make in respect of first connection expenses (whether that

 

requirement arose by virtue of paragraph (a) or otherwise).


 
 

Public Bill Committee:                               

67

 

, continued

 
 

      (2)  

A “reimbursement payment” is a payment, of such amount as may be

 

reasonable in all the circumstances, in respect of first connection

 

expenses.

 

Other provision about regulations under this Schedule

 

3    (1)  

The Secretary of State must consult the Authority before making

 

regulations under this Schedule.

 

      (2)  

Regulations under this Schedule may make provision requiring

 

relevant electricity distributors to exercise a reimbursement power

 

(whether in all cases or in cases provided for in the regulations).

 

      (3)  

Regulations under this Schedule may make provision for the relevant

 

electricity distributor to establish or estimate the amount of first

 

connection expenses — or an amount of any aspect of those expenses

 

— in cases where that distributor is not the person who made the first

 

connection.

 

      (4)  

Regulations under sub-paragraph (3) may not require any person to

 

supply the relevant electricity distributor with information about any

 

expenses incurred.

 

      (5)  

Regulations under sub-paragraph (3) may provide for an estimate of

 

an amount of first connection expenses to be calculated by a relevant

 

electricity distributor by reference only to a combination of—

 

(a)    

expenses which that distributor would incur if that distributor

 

were making the connection at the time of the estimate, and

 

(b)    

changes in prices since the time when the connection was

 

actually made.

 

Interpretation

 

4    (1)  

In this Schedule—

 

“first connection” has the meaning given in paragraph 1;

 

“first connection expenses” has the meaning given in paragraph 1;

 

“reimbursement payment” has the meaning given in paragraph 2;

 

“reimbursement powers” has the meaning given in paragraph 2;

 

“relevant electricity distributor”, in relation to the exercise of a

 

reimbursement power, means—

 

(a)    

in a case where the first connection was made between premises

 

and a distribution system, the electricity distributor that (at the

 

time of the exercise of the power) operates that distribution

 

system;

 

(b)    

in a case where the first connection was made between two

 

distribution systems, the electricity distributor that (at the time of

 

the exercise of the power) operates the distribution system into

 

which the first connection has been, or is expected to be,

 

incorporated.

 

      (2)  

A reference in this Schedule to a payment in respect of first connection

 

expenses includes a reference to such a payment made in pursuance of

 

section 19(1).”

 

(4)    

In section 16 (duty to connect on request), in subsection (4), after “23” insert “and

 

Schedule 5B”.

 

(5)    

In section 16A (procedure for requiring a connection), in subsection (5)(b)—


 
 

Public Bill Committee:                               

68

 

, continued

 
 

(a)    

omit “or regulations under section 19(2)”;

 

(b)    

after “19(2)” insert “or regulations under Schedule 5B”.

 

(6)    

In section 23 (determination of disputes)—

 

(a)    

after subsection (1) insert—

 

“(1ZA)    

This section also applies to any dispute arising under regulations

 

under Schedule 5B between—

 

(a)    

an electricity distributor, and

 

(b)    

a person in respect of whom the electricity distributor

 

exercises the reimbursement powers conferred by the

 

regulations.”;

 

(b)    

after subsection (1C) insert—

 

“(1D)    

No dispute arising under regulations under Schedule 5B may be

 

referred to the Authority after the end of the period of 12 months

 

beginning with the time when the second connection (within the

 

meaning of Schedule 5B) is made.”;

 

(c)    

after subsection (2) insert—

 

“(2A)    

Where a dispute arising under regulations under Schedule 5B

 

falls to be determined under this section, the Authority may give

 

directions as to the circumstances in which, and the terms on

 

which, an electricity distributor is to make or (as the case may be)

 

to maintain the second connection (within the meaning of

 

Schedule 5B) pending the determination of the dispute.”;

 

(d)    

in subsection (4), after “(2)” insert “, (2A)”.”

 

Member’s explanatory statement

 

This amendment broadens powers to recover expenditure on new electricity connections; and

 

powers to reimburse those who have met costs of making electricity connections (if later used for

 

making other electricity connections). The Gas and Electricity Markets Authority is given powers

 

to determine disputes about recovery of expenditure and reimbursement.

 


 

Mr John Hayes

 

NC10

 

To move the following Clause

 

         

“Power to abolish Public Works Loan Commissioners

 

In the Public Bodies Act 2011, in Schedule 1 (power to abolish: bodies and

 

offices), after “Plant Varieties and Seeds Tribunal.” insert—

 

    

“Public Works Loan Commissioners.””

 

Member’s explanatory statement

 

This new clause enables a Minister of the Crown or the Commissioners for Her Majesty’s Revenue

 

and Customs, following a statutory consultation process, to make an order under the Public Bodies

 

Act 2011 abolishing the board of Public Works Loan Commissioners and transferring its functions

 

to another person.

 



 
 

Public Bill Committee:                               

69

 

, continued

 
 

Tom Greatrex

 

NC1

 

To move the following Clause

 

         

“Exploitation of petroleum on deep-level land: cumulative impacts

 

The Secretary of State should amend the National Planning Policy Framework to

 

require planning authorities to consider the cumulative impacts of exploiting

 

petroleum on deep-level land.”

 


 

Tom Greatrex

 

NC2

 

To move the following Clause

 

         

“Underground access: environmental protection

 

(1)    

All sites extracting petroleum under the provisions of section 38 must—

 

(a)    

carry out an Environmental Impact Assessment;

 

(b)    

ensure that independent inspections are carried out of the integrity of

 

wells used;

 

(c)    

publicly disclose the chemicals used for the extraction process, and the

 

proportions in which they are used on a well-by-well basis;

 

(d)    

consult with the relevant water company; and

 

(e)    

carry out monitoring over the previous 12 month period.

 

(2)    

The Secretary of State shall by regulations specify what data shall be required

 

under paragraph (e).

 

(3)    

Regulations under subsection (2) must specify as required data the levels of

 

methane in the groundwater and ecological studies, that data shall include but is

 

not limited to levels of methane in the groundwater and ecological studies.

 

(4)    

Regulations under subsection (2) must be made by statutory instrument and may

 

not be made unless a draft of the instrument has been laid before and approved by

 

a resolution of each House of Parliament.”

 


 

Tom Greatrex

 

NC3

 

To move the following Clause

 

         

“Shale gas extraction: devolution

 

(1)    

The Scotland Act 1998 is amended as follows.

 

(2)    

In Schedule 5, Part II, section D2, after “gas other than through pipes.”, insert—

 

            

“the licensing of onshore shale gas extraction underlying Scotland.


 
 

Public Bill Committee:                               

70

 

, continued

 
 

            

responsibility for mineral access rights for onshore extraction of shale

 

gas in Scotland.”

 


 

Richard Burden

 

NC4

 

To move the following Clause

 

         

“Walking and cycling

 

Within six months of the day on which this Act is passed, Her Majesty’s

 

Government shall lay before Parliament a strategy which establishes long-term

 

commitment and funding to increase rates of walking and cycling, including in

 

the planning of infrastructure projects.”

 


 

Richard Burden

 

NC5

 

To move the following Clause

 

         

“Route Strategies

 

(1)    

The strategic highways company shall produce route strategies for all highways

 

under its control (“specified highways”) and shall ensure such strategies remain

 

up to date.

 

(2)    

In deciding how to divide up specified highways into route strategies, the

 

strategic highways company shall have due regard to local government

 

boundaries and travel to work areas.

 

(3)    

Route strategies shall consider—

 

(a)    

other transport modes, including railways and port facilities, that are

 

served by specified highways or run parallel to them;

 

(b)    

the interaction between specified highways and other highways;

 

(c)    

opportunities to secure the expeditious movement of people and freight;

 

and

 

(d)    

opportunities to reduce environmental impacts.

 

(4)    

The strategic highways company must—

 

(a)    

carry out such consultation, and arrange for such publicity, as the

 

strategic highways company thinks appropriate in relation to a route

 

strategy;

 

(b)    

consult such persons, and such descriptions of persons, as may be

 

prescribed;

 

(c)    

have regard to the responses to the consultation and publicity in deciding

 

whether to proceed with a route strategy.

 

(5)    

In setting or varying a Roads Investment Strategy, the Secretary of State shall

 

have due regard to route strategies.


 
 

Public Bill Committee:                               

71

 

, continued

 
 

(6)    

The Secretary of State may make regulations about route strategies.”

 


 

Sir Andrew Stunell

 

Mr Jeremy Browne

 

NC6

 

To move the following Clause

 

         

“Carbon compliance standard for new homes

 

(1)    

The Secretary of State must within six months of the passing of this Act make

 

regulations under section 1(1) of the Building Act 1984 for the purpose of

 

ensuring that all new homes built from 2016 achieve a carbon compliance

 

standard.

 

(2)    

For the purpose of subsection (1), “carbon compliance standard” means an

 

absolute limit on the predicted emissions of carbon dioxide (and other greenhouse

 

gases expressed as equivalents) per square metre of the internal floor space per

 

year of—

 

(a)    

10 kg in the case of detached houses;

 

(b)    

11 kg in the case of attached houses;

 

(c)    

14 kg in the case of flats.

 

(3)    

Any further regulations made by the Secretary of State requiring persons

 

constructing new homes to achieve reductions in carbon dioxide emissions

 

elsewhere than on the site of such homes shall only be applicable in

 

circumstances where the improvements set out in subsection (2) have been

 

achieved.”

 


 

Andrew Miller

 

NC7

 

To move the following Clause

 

         

“Petroleum extraction: environmental base line data

 

All sites extracting petroleum under the provisions of section 38 must publish all

 

environmental base line data collated over the designated period, in a manner that

 

allows it to be subjected to scientific peer review.”

 

Member’s explanatory statement

 

The purpose is to ensure that disputes over what was naturally occurring prior to extraction can

 

be resolved.

 


 

Roberta Blackman-Woods

 

NC11

 

To move the following Clause


 
 

Public Bill Committee:                               

72

 

, continued

 
 

         

“National Infrastructure Commission

 

(1)    

There shall be an independent National Infrastructure Commission.

 

(2)    

The Secretary of State may by regulations provide for the appointment, duties,

 

functions and staffing of the National Infrastructure Commission.

 

(3)    

Regulations made under subsection (2) may make provision for any

 

consequential matter that the Secretary of State considers is necessary to establish

 

the National Infrastructure Commission.

 

(4)    

Regulations made under subsection (2) shall be made by statutory instrument.

 

(5)    

A statutory instrument under this section shall not be made unless a draft of it has

 

been laid before and approved by both Houses of Parliament.”

 


 

Roberta Blackman-Woods

 

NC12

 

To move the following Clause

 

         

“Development Plan documents: accessible design

 

In section 19 of the Planning and Compulsory Purchase Act 2004 (preparation of

 

local documents) after subsection (1) insert—

 

(1B)    

Development Plan documents must (taken as a whole) include policies

 

designed to secure inclusive design and accessibility for the maximum

 

number of people including disabled people”

 


 

Roberta Blackman-Woods

 

NC13

 

To move the following Clause

 

         

“Place making objectives for new town development corporations

 

In Part 1 of the 1981 New Towns Act delete section 4 (1) and insert—

 

“(1)    

The objects of a development corporation established for the purpose of a new

 

town shall be to secure the physical laying out of infrastructure and the long-term

 

sustainable development of the new town.

 

(1A)    

Under this Act sustainable development means managing the use, development

 

and protection of land and natural resources in a way which enables people and

 

communities to provide for their legitimate social, economic and cultural

 

wellbeing, while sustaining the potential for future generations to meet their own

 

needs.

 

(1B)    

In achieving sustainable development, development corporations should—

 

(a)    

positively identify suitable land for development in line with the

 

economic, social and environmental objectives so as to improve the

 

quality of life, wellbeing and health of people and the community;

 

(b)    

contribute to the sustainable economic development of the town;

 

(c)    

contribute to the vibrant cultural and artistic development of the town;

 

(d)    

protect and enhance the natural and historic environment;


 
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