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| New Amendments handed in are marked thus  |
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| Amendments which will comply with the required notice period at their next appearance
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| Infrastructure Bill [Lords]
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| | The Amendments have been arranged in accordance with the Order of the |
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| | Committee [16 December 2014]. |
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| Clause 37, page 43, line 31, at end insert— |
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| | “(j) | encouraging the development of CO2 storage potential.” |
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| Page 45, line 12, leave out Clauses 38 to 43. |
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| | Member’s explanatory statement
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| | This deletes the Clauses that change the trespass law by introducing a new right to use deep-level |
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| | land, which would allow fracking companies to drill beneath people’s homes and land without |
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| | their permission and to leave any substance or infrastructure in the land. |
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| Clause 38, page 45, line 13, after “deep level land”, insert “subject to subsection |
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| Clause 38, page 45, line 22, leave out “300 metres” and insert “1000 metres” |
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| Clause 38, page 45, line 22, at end insert— |
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| | “(3A) | The Secretary of State shall, before the award of licences in relation to the use of |
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| | deep-level land for onshore oil and gas exploration, issue additional planning |
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| | guidance introducing a presumption against such developments within or under |
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| | protected areas and functionally linked land.” |
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| Clause 38, page 45, line 25, at end insert— |
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| | “(5A) | The carrying out of hydraulic fracturing in connection with the exploitation of |
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| | unconventional petroleum in relevant land shall be prohibited. |
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| | “relevant land” means land which is located within the boundary of a |
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| | groundwater source protection zone as specified by the Environment |
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| | Agency from time to time;” |
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| Clause 38, page 45, line 25, at end insert— |
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| | “(6) | The Secretary of State shall be required to commission and consider reports on— |
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| | (a) | the cumulative impacts of water use in fracking and refracking of |
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| | exploratory and productive gas wells; |
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| | (b) | the cumulative impacts of flowback and waste water arising from |
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| | fracking and refracking activity; and |
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| | (c) | the cumulative impacts on communities of road and vehicle movements |
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| | from fracking and refracking activity |
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| | | before providing any permission for the exploitation of petroleum on deep level |
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| | land where one or more exploitation facility exists within one mile of a proposed |
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| Clause 39, page 45, line 32, leave out “any substance” and insert “substances |
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| approved by the Environment Agency” |
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| Clause 39, page 46, line 2, after “use”, insert “, subject to the conditions laid out in |
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| Clause 39, page 46, line 3, at end insert— |
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| | (a) | The right of use shall be conditional on operators undertaking site-by-site |
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| | measurement, monitoring and public disclosure of existing and future |
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| | (b) | In this section, “fugitive emissions” shall mean releases arising from, but |
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| | not limited to, flaring, venting, storage and transportation leakages.” |
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| Clause 39, page 46, line 3, at end insert— |
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| | “( ) | Before a well design is commenced or adopted in connection with the |
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| | exploitation of petroleum the right of use requires the Health and Safety |
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| | Executive to inspect the well so as to satisfy itself that— |
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| | (a) | so far as is reasonably practicable, there can be no unplanned escape of |
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| | fluids from the well; and |
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| | (b) | risks to the health and safety of persons from it or anything in it, or in |
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| | strata to which it is connected, are as low as is reasonably practicable. |
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| | ( ) | Where the Health and Safety Executive is satisfied that a condition in subsection |
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| | ( ) is met, it shall give notice to the Secretary of State. |
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| | ( ) | The Secretary of State shall publish the information received from the Health and |
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| | Safety Executive in accordance with sub-paragraph ( ).” |
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| | To move the following Clause— |
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| | | “Mayoral development orders |
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| | “(1) | Schedule (Mayoral development orders) (Mayoral development orders) has |
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| | (2) | The Secretary of State may by regulations make consequential provision in |
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| | connection with any provision made by that Schedule. |
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| | (3) | Regulations under this section may amend, repeal, revoke or otherwise modify |
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| | the application of any enactment (but, in the case of an Act, only if the Act was |
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| | passed before the end of the Session in which this Act is passed). |
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| | (4) | In this section “enactment” includes an enactment comprised in subordinate |
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| | legislation within the meaning of the Interpretation Act 1978.” |
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| | Member’s explanatory statement
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| | This amendment and amendments NS1, 38, 39, 41 and 43 enable the Mayor of London to make |
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| | Mayoral development orders granting planning permission for development on specified sites in |
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| | Greater London in response to an application from each local planning authority in whose area |
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| | any part of a site is located. |
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| | To move the following Clause— |
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| | | “Reimbursement of persons who have met expenses of making electrical |
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| | (1) | The Electricity Act 1989 is amended in accordance with this section. |
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| | (2) | In section 19 (power to recover expenditure)— |
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| | (a) | omit subsections (2) and (3); |
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| | (b) | after subsection (3) insert— |
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| | “(3A) | Schedule 5B (reimbursement of persons who have met expenses) |
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| | (c) | in subsection (4), after “this section” insert “and Schedule 5B”. |
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| | (3) | After Schedule 5A insert— |
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| | Reimbursement of persons who have met expenses |
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| | Power to make regulations |
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| | 1 (1) | The Secretary of State may, by regulations, make provision entitling |
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| | the relevant electricity distributor to exercise the reimbursement |
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| | powers in cases where conditions A, B, C and D are met. |
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| | (2) | Condition A is met if any electric line or electrical plant is provided |
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| | for the purpose of making a connection (the “first connection”)— |
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| | (a) | between premises and a distribution system, or |
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| | (b) | between two distribution systems. |
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| | (3) | Condition B is met if a payment in respect of first connection expenses |
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| | is made by one or more of the following persons— |
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| | (a) | a person requiring the first connection in pursuance of section |
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| | (b) | a person who otherwise causes the first connection to be made |
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| | (including by means of contractual arrangements). |
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| | (4) | Condition C is met if any electric line or electric plant provided for the |
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| | purpose of making the first connection is used for the purpose of |
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| | making another connection (the “second connection”)— |
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| | (a) | between premises and a distribution system, or |
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| | (b) | between two distribution systems. |
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| | (5) | Condition D is met if the second connection is made within the |
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| | prescribed period after the first connection was made. |
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| | (6) | “First connection expenses” are any expenses reasonably incurred by |
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| | a person in providing any electric line or electric plant for the purpose |
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| | of making the first connection. |
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| | (7) | It does not matter whether the first connection, or the second |
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| | connection, is made by an electricity distributor or a person of another |
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| | 2 (1) | The “reimbursement powers” are— |
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| | (a) | the power to demand a reimbursement payment from— |
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| | (i) | a person requiring the second connection in |
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| | pursuance of section 16(1), or |
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| | (ii) | a person who otherwise causes the second connection |
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| | to be made (including by means of contractual |
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| | (b) | the power to apply the reimbursement payment in making |
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| | such payments as may be appropriate towards reimbursing |
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| | any persons for any payments they were previously required |
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| | to make in respect of first connection expenses (whether that |
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| | requirement arose by virtue of paragraph (a) or otherwise). |
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| | (2) | A “reimbursement payment” is a payment, of such amount as may be |
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| | reasonable in all the circumstances, in respect of first connection |
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| | Other provision about regulations under this Schedule |
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| | 3 (1) | The Secretary of State must consult the Authority before making |
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| | regulations under this Schedule. |
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| | (2) | Regulations under this Schedule may make provision requiring |
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| | relevant electricity distributors to exercise a reimbursement power |
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| | (whether in all cases or in cases provided for in the regulations). |
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| | (3) | Regulations under this Schedule may make provision for the relevant |
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| | electricity distributor to establish or estimate the amount of first |
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| | connection expenses — or an amount of any aspect of those expenses |
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| | — in cases where that distributor is not the person who made the first |
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| | (4) | Regulations under sub-paragraph (3) may not require any person to |
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| | supply the relevant electricity distributor with information about any |
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| | (5) | Regulations under sub-paragraph (3) may provide for an estimate of |
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| | an amount of first connection expenses to be calculated by a relevant |
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| | electricity distributor by reference only to a combination of— |
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| | (a) | expenses which that distributor would incur if that distributor |
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| | were making the connection at the time of the estimate, and |
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| | (b) | changes in prices since the time when the connection was |
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| | “first connection” has the meaning given in paragraph 1; |
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| | “first connection expenses” has the meaning given in paragraph 1; |
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| | “reimbursement payment” has the meaning given in paragraph 2; |
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| | “reimbursement powers” has the meaning given in paragraph 2; |
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| | “relevant electricity distributor”, in relation to the exercise of a |
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| | reimbursement power, means— |
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| | (a) | in a case where the first connection was made between premises |
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| | and a distribution system, the electricity distributor that (at the |
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| | time of the exercise of the power) operates that distribution |
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| | (b) | in a case where the first connection was made between two |
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| | distribution systems, the electricity distributor that (at the time of |
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| | the exercise of the power) operates the distribution system into |
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| | which the first connection has been, or is expected to be, |
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| | (2) | A reference in this Schedule to a payment in respect of first connection |
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| | expenses includes a reference to such a payment made in pursuance of |
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| | (4) | In section 16 (duty to connect on request), in subsection (4), after “23” insert “and |
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| | (5) | In section 16A (procedure for requiring a connection), in subsection (5)(b)— |
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| | (a) | omit “or regulations under section 19(2)”; |
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| | (b) | after “19(2)” insert “or regulations under Schedule 5B”. |
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| | (6) | In section 23 (determination of disputes)— |
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| | (a) | after subsection (1) insert— |
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| | “(1ZA) | This section also applies to any dispute arising under regulations |
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| | under Schedule 5B between— |
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| | (a) | an electricity distributor, and |
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| | (b) | a person in respect of whom the electricity distributor |
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| | exercises the reimbursement powers conferred by the |
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| | (b) | after subsection (1C) insert— |
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| | “(1D) | No dispute arising under regulations under Schedule 5B may be |
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| | referred to the Authority after the end of the period of 12 months |
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| | beginning with the time when the second connection (within the |
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| | meaning of Schedule 5B) is made.”; |
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| | (c) | after subsection (2) insert— |
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| | “(2A) | Where a dispute arising under regulations under Schedule 5B |
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| | falls to be determined under this section, the Authority may give |
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| | directions as to the circumstances in which, and the terms on |
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| | which, an electricity distributor is to make or (as the case may be) |
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| | to maintain the second connection (within the meaning of |
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| | Schedule 5B) pending the determination of the dispute.”; |
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| | (d) | in subsection (4), after “(2)” insert “, (2A)”.” |
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| | Member’s explanatory statement
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| | This amendment broadens powers to recover expenditure on new electricity connections; and |
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| | powers to reimburse those who have met costs of making electricity connections (if later used for |
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| | making other electricity connections). The Gas and Electricity Markets Authority is given powers |
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| | to determine disputes about recovery of expenditure and reimbursement. |
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| | To move the following Clause— |
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| | | “Power to abolish Public Works Loan Commissioners |
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| | In the Public Bodies Act 2011, in Schedule 1 (power to abolish: bodies and |
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| | offices), after “Plant Varieties and Seeds Tribunal.” insert— |
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| | | “Public Works Loan Commissioners.”” |
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| | Member’s explanatory statement
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| | This new clause enables a Minister of the Crown or the Commissioners for Her Majesty’s Revenue |
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| | and Customs, following a statutory consultation process, to make an order under the Public Bodies |
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| | Act 2011 abolishing the board of Public Works Loan Commissioners and transferring its functions |
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| | To move the following Clause— |
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| | | “The electronic communications code |
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| | (1) | In the Telecommunications Act 1984 omit Schedule 2 (the telecommunications |
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| | (2) | Before Schedule 4 to the Communications Act 2003 insert the Schedule 3A set |
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| | out in Schedule (The electronic communications code) to this Act. |
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| | (3) | Section 106 of the Communications Act 2003 (application of the electronic |
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| | communications code) is amended as follows. |
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| | (4) | In subsection (1) for “the code set out in Schedule 2 to the Telecommunications |
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| | Act 1984 (c 12).” substitute “the code set out in Schedule 3A.” |
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| | (6) | In subsection (4)(b) for “conduits” substitute “infrastructure” |
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| | (7) | In subsection (5)(c) for “conduit system” in each place substitute “system of |
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| | (8) | In subsection (6) for “16(3)” substitute “82(7)”. |
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| | (10) | Schedule (The electronic communications code: consequential amendments) has |
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| | (11) | The Secretary of State may by regulations make consequential provision in |
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| | connection with any provision made by or under this section or Schedule (The |
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| | electronic communications code) or (The electronic communications code: |
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| | consequential amendments). |
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| | (12) | Regulations under subsection (11) may amend, repeal, revoke or otherwise |
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| | modify the application of any enactment (but, in the case of primary legislation, |
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| | only if the primary legislation was passed or made before the end of the Session |
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| | in which this Act is passed). |
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| | (13) | The Secretary of State may by regulations amend the electronic communications |
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| | code set out in Schedule 3A to the Communications Act 2003 for the purposes of |
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| | ensuring that the provisions of the code are consistent with the law of Scotland or |
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