House of Commons Amendments

Session 2014 - 15
Internet Publications
Other Bills before Parliament

175

House of Commons

Tuesday 13 January 2015

Public Bill Committee

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Infrastructure Bill [Lords]

Note

The Amendments have been arranged in accordance with the Order of the

Committee [16 December 2014].

Tom Greatrex

Clause  37,  page  43,  line  31,  at end insert—

“(j)
encouraging the development of CO2 storage potential.”

Caroline Lucas

Norman Baker

Page  45,  line  12,  leave out Clauses 38 to 43.

Member’s explanatory statement

This deletes the Clauses that change the trespass law by introducing a new right to use deep-level

land, which would allow fracking companies to drill beneath people’s homes and land without

their permission and to leave any substance or infrastructure in the land.

Tom Greatrex

Clause  38,  page  45,  line  13,  after “deep level land”, insert “subject to subsection

(5A),”

Public Bill Committee:
176

, continued

Dr Alan Whitehead

Tom Greatrex

Clause  38,  page  45,  line  22,  leave out “300 metres” and insert “1000 metres”

Tom Greatrex

Clause  38,  page  45,  line  22,  at end insert—

“(3A)
The Secretary of State shall, before the award of licences in relation to the use of

deep-level land for onshore oil and gas exploration, issue additional planning

guidance introducing a presumption against such developments within or under

protected areas and functionally linked land.”

Tom Greatrex

Clause  38,  page  45,  line  25,  at end insert—

“(5A)
The carrying out of hydraulic fracturing in connection with the exploitation of

unconventional petroleum in relevant land shall be prohibited.

(5B)
In subsection (5A)—

“relevant land” means land which is located within the boundary of a

groundwater source protection zone as specified by the Environment

Agency from time to time;”

Dr Alan Whitehead

Clause  38,  page  45,  line  25,  at end insert—

“(6)
The Secretary of State shall be required to commission and consider reports on—

(a)
the cumulative impacts of water use in fracking and refracking of

exploratory and productive gas wells;

(b)
the cumulative impacts of flowback and waste water arising from

fracking and refracking activity; and

(c)
the cumulative impacts on communities of road and vehicle movements

from fracking and refracking activity


before providing any permission for the exploitation of petroleum on deep level

land where one or more exploitation facility exists within one mile of a proposed

site.”

Tom Greatrex

Clause  39,  page  45,  line  32,  leave out “any substance” and insert “substances

approved by the Environment Agency”

Tom Greatrex

Clause  39,  page  46,  line  2,  after “use”, insert “, subject to the conditions laid out in

planning permission”

Public Bill Committee:
177

, continued

Tom Greatrex

Clause  39,  page  46,  line  3,  at end insert—

“(3A)

(a)
The right of use shall be conditional on operators undertaking site-by-site

measurement, monitoring and public disclosure of existing and future

fugitive emissions.

(b)
In this section, “fugitive emissions” shall mean releases arising from, but

not limited to, flaring, venting, storage and transportation leakages.”

Tom Greatrex

Clause  39,  page  46,  line  3,  at end insert—

“( )
Before a well design is commenced or adopted in connection with the

exploitation of petroleum the right of use requires the Health and Safety

Executive to inspect the well so as to satisfy itself that—

(a)
so far as is reasonably practicable, there can be no unplanned escape of

fluids from the well; and

(b)
risks to the health and safety of persons from it or anything in it, or in

strata to which it is connected, are as low as is reasonably practicable.

( )
Where the Health and Safety Executive is satisfied that a condition in subsection

( ) is met, it shall give notice to the Secretary of State.

( )
The Secretary of State shall publish the information received from the Health and

Safety Executive in accordance with sub-paragraph ( ).”

New Clauses

Mr John Hayes

NC8

To move the following Clause—


“Mayoral development orders

“(1)
Schedule (Mayoral development orders) (Mayoral development orders) has

effect.

(2)
The Secretary of State may by regulations make consequential provision in

connection with any provision made by that Schedule.

(3)
Regulations under this section may amend, repeal, revoke or otherwise modify

the application of any enactment (but, in the case of an Act, only if the Act was

passed before the end of the Session in which this Act is passed).

(4)
In this section “enactment” includes an enactment comprised in subordinate

legislation within the meaning of the Interpretation Act 1978.”

Member’s explanatory statement

This amendment and amendments NS1, 38, 39, 41 and 43 enable the Mayor of London to make

Mayoral development orders granting planning permission for development on specified sites in

Greater London in response to an application from each local planning authority in whose area

any part of a site is located.

Public Bill Committee:
178

, continued

Mr John Hayes

NC9

To move the following Clause—


“Reimbursement of persons who have met expenses of making electrical

connections

(1)
The Electricity Act 1989 is amended in accordance with this section.

(2)
In section 19 (power to recover expenditure)—

(a)
omit subsections (2) and (3);

(b)
after subsection (3) insert—

“(3A)
Schedule 5B (reimbursement of persons who have met expenses)

has effect.”;

(c)
in subsection (4), after “this section” insert “and Schedule 5B”.

(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.

Public Bill Committee:
179

, continued

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).

      (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—

Public Bill Committee:
180

, continued

(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)—

(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.

Public Bill Committee:
181

, continued

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.

Mr John Hayes

NC19

To move the following Clause—


“The electronic communications code

(1)
In the Telecommunications Act 1984 omit Schedule 2 (the telecommunications

code).

(2)
Before Schedule 4 to the Communications Act 2003 insert the Schedule 3A set

out in Schedule (The electronic communications code) to this Act.

(3)
Section 106 of the Communications Act 2003 (application of the electronic

communications code) is amended as follows.

(4)
In subsection (1) for “the code set out in Schedule 2 to the Telecommunications

Act 1984 (c 12).” substitute “the code set out in Schedule 3A.”

(5)
Omit subsection (2).

(6)
In subsection (4)(b) for “conduits” substitute “infrastructure”

(7)
In subsection (5)(c) for “conduit system” in each place substitute “system of

infrastructure”.

(8)
In subsection (6) for “16(3)” substitute “82(7)”.

(9)
Omit subsection (7).

(10)
Schedule (The electronic communications code: consequential amendments) has

effect.

(11)
The Secretary of State may by regulations make consequential provision in

connection with any provision made by or under this section or Schedule (The

electronic communications code) or (The electronic communications code:

consequential amendments).

(12)
Regulations under subsection (11) may amend, repeal, revoke or otherwise

modify the application of any enactment (but, in the case of primary legislation,

only if the primary legislation was passed or made before the end of the Session

in which this Act is passed).

(13)
The Secretary of State may by regulations amend the electronic communications

code set out in Schedule 3A to the Communications Act 2003 for the purposes of

ensuring that the provisions of the code are consistent with the law of Scotland or

Northern Ireland.

(14)
In this section—



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