Infrastructure Bill (HC Bill 999)

(e) for paragraph (d) substitute—

“(d) authorise or require a person to provide specified
information;”;

(f) in paragraph (e), omit “to the Secretary of State or the Authority”;

(g) 5in paragraph (h), omit “for the Secretary of State or the Authority”;

(h) omit paragraph (i);

(i) at the end insert—

“(j) authorise the Secretary of State to make payments to a
person in respect of the exercise by the person of
10functions under regulations under this section;

(k) make provision about the resolution of disputes relating
to the exercise of functions under regulations under this
section, including provision about arbitration or appeals
(which may, in particular, provide for the person
15conducting an arbitration or determining an appeal to
order the payment of costs or compensation).”

(4) In subsection (3), after the definition of “fossil fuel supplier” insert—

• ““other administration function” means a function relating to the
  administration of a scheme established under this section, other
  20than a function conferred by regulations under subsection
  (2)(bb);”.

(5) Section 105 of the Energy Act 2008 (Parliamentary control of subordinate
legislation) is amended in accordance with subsections (6) to (8).

(6) In subsection (2)—

(a) 25in paragraph (a), omit sub-paragraph (vi);

(b) after paragraph (aa) insert—

“(ab) regulations which contain (whether alone or together
with other provision) affirmative resolution provision
made under section 100 (renewable heat incentives);”.

(7) 30In subsection (3), after “(2)(a)” insert “, (ab)”

(8) After subsection (3) insert—

“(3A) Provision made under section 100 is affirmative resolution provision
if—

(a) the provision is made under any of the powers which always
35attract the affirmative resolution procedure, or

(b) the provision—

(i) is not made under any of those powers, and

(ii) meets condition A, B, C or D.

(3B) The powers which always attract the affirmative resolution procedure
40are the powers conferred by—

(a) section 100(2)(c), (e), (f), (g), (h) and (k),

(b) section 100(5), and

(c) section 100(6).

(3C) Provision meets condition A if—

(a) 45it is made under the power conferred by section 100(2)(bb), and

(b) it requires a designated fossil fuel supplier to make a payment
under an RHI scheme.

(3D) Provision meets condition B if—

(a) it confers an administration function on a person who is not the
5Secretary of State or the Authority, and

(b) the time when the provision comes into force will be the first
time that an administration function under the RHI scheme
concerned is exercisable by a person who is not the Secretary of
State or the Authority.

(3E) 10Provision meets condition C if—

(a) it is made under a power conferred by paragraph (ba) or (bb)(ii)
of section 100(2),

(b) it is made in relation to an RHI scheme that was in existence
immediately before the coming into force of this subsection, and

(c) 15it is the first provision to be made under that power in relation
to that RHI scheme.

(3F) Provision meets condition D if—

(a) it is made under a power conferred by paragraph (a), (b), (ba),
(bb), (d) or (j) of section 100(2),

(b) 20it is made in relation to an RHI scheme that was not in existence
immediately before the coming into force of this subsection, and

(c) it is the first provision to be made under that power in relation
to that RHI scheme.

(3G) In deciding whether provision meets condition B, the following matters
25must be ignored—

(a) for the purposes of subsection (3D)(a): any provision which
confers a payment function on designated fossil fuel suppliers;

(b) for the purposes of subsection (3D)(b): any payment function
under the RHI scheme concerned which (before the time when
30the provision comes into force) is, or has been, exercisable by
designated fossil fuel suppliers.

(3H) The fact that provision is to some extent made under a power conferred
by section 100(1), (1A) or (1B) does not prevent that provision from
being taken (for the purposes of subsections (3A) to (3F)) as being made
35under any other power conferred by section 100.

(3I) In subsections (3B) to (3H) and this subsection—

• “administration function” means a function relating to the
  administration of an RHI scheme;

• “designated fossil fuel suppliers” has the same meaning as in
  40section 100;

• “payment function” means a function of making a payment under
  an RHI scheme (whether the function authorises or requires the
  making of the payment);

• “RHI scheme” means a scheme under section 100 to facilitate and
  45encourage renewable generation of heat.”

(9) In section 105 of the Utilities Act 2000 (general restrictions on disclosure of
information), in subsection (3)—

(a) in paragraph (a), omit “or section 100”;

(b) after paragraph (a) insert—

“(aa) it is made for the purpose of facilitating any functions of
any person under section 100 of the Energy Act 2008;”.

Reimbursement of persons who have met expenses

46 5Reimbursement 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) 10after 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

8 15Power to make regulations

(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
20for 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) 25a 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
30the 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
35prescribed 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.

9 The reimbursement powers

(1) 5The “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
10to 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
15to 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.

10 20Other provision about regulations under this Schedule

(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
25(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
30made 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
35an 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) 40changes in prices since the time when the connection was
actually made.

11 Interpretation

(1) In this Schedule—

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

Infrastructure BillPage 54

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

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

• 5“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
  10between 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
  15distributor 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
20connection 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) 25omit “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
30regulations 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) 35after 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) 40after 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
45may 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)”.

Consequential provision

47 Consequential provision

(1) The Secretary of State may by regulations make consequential provision in
connection with any provision made by or under this Part (other than section
536).

(2) 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).

(3) In this section “enactment” includes an enactment comprised in subordinate
10legislation within the meaning of the Interpretation Act 1978.

Part 6 Public Works Loan Commissioners

48 Power to abolish Public Works Loan Commissioners

In the Public Bodies Act 2011, in Schedule 1 (power to abolish: bodies and
15offices), after “Plant Varieties and Seeds Tribunal.” insert—

• “Public Works Loan Commissioners.”

Part 7 The electronic communications code

49 The electronic communications code

(1) 20In 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 8 to this Act.

(3) Section 106 of the Communications Act 2003 (application of the electronic
25communications code) is amended as follows.

(4) In subsection (1) for “the code set out in Schedule 2 to the Telecommunications
Act 1984 (c 12)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) 30In 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 9 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 8 or
9.

(12) Regulations under subsection (11) may amend, repeal, revoke or otherwise
5modify 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
10for the purposes of ensuring that the provisions of the code are consistent with
the law of Scotland or Northern Ireland.

(14) In this section—

• “enactment” includes—

  (a)

  an enactment comprised in subordinate legislation within the
  15meaning of the Interpretation Act 1978,

  (b)

  an enactment comprised in, or in an instrument made under, a
  Measure or Act of the National Assembly for Wales,

  (c)

  an enactment comprised in, or in an instrument made under, an
  Act of the Scottish Parliament, and

  (d)

  20an enactment comprised in, or in an instrument made under,
  Northern Ireland legislation;

• “primary legislation” means—

  (a)

  an Act of Parliament,

  (b)

  a Measure or Act of the National Assembly for Wales,

  (c)

  25an Act of the Scottish Parliament, or

  (d)

  Northern Ireland legislation.

Part 8 General provisions

50 Regulations and orders

(1) 30Regulations and orders made by the Secretary of State, the Treasury or the
Welsh Ministers under this Act are to be made by statutory instrument.

(2) A statutory instrument which contains an order under section 1—

(a) appointing a strategic highways company for an area other than the
whole of England, and

(b) 35which is the first exercise of the power in respect of such an area,

may not be made unless a draft of the instrument has been laid before and
approved by a resolution of each House of Parliament.

(3) A statutory instrument which contains an order under section 1—

(a) appointing a strategic highways company for an area other than the
40whole of England, and

(b) which is a subsequent exercise of the power in respect of such an area,

is subject to annulment in pursuance of a resolution of either House of
Parliament.

(4) A statutory instrument containing (whether alone or with other provisions)—

(a) regulations under section 16,

(b) regulations under section 34 or 38(11),

(c) regulations under section 41, 42 or 43, or

(d) regulations under section 17(1)(a), or 27 or 47 which amend, repeal or
5modify the application of an Act, or

(e) regulations under section 49 which amend, repeal or modify the
application of primary legislation within the meaning of that 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.

(5) 10Subsection (2) does not apply to a statutory instrument containing only
regulations under section 34(5)(b).

(6) A statutory instrument—

(a) which contains regulations under this Act other than under section 14
or 52, and

(b) 15to which subsection (2) does not apply,

is subject to annulment in pursuance of a resolution of either House of
Parliament.

(7) A statutory instrument which contains regulations under section 14 is subject
to annulment in pursuance of a resolution of the House of Commons.

(8) 20A power to make regulations under this Act may be used—

(a) to make different provision for different purposes;

(b) in relation to all or only some of the purposes for which it may be used.

(9) Regulations under this Act may include incidental, supplementary,
consequential, transitional, transitory or saving provision.

(10) 25Subsections (8) and (9) do not apply to regulations under section 52.

51 Extent

(1) Part

1

(strategic highways companies) extends to England and Wales only,
30save that—

(a) sections 14 and 16 to 18 extend to England and Wales, Scotland and
Northern Ireland, and

(b) an amendment or repeal made by that Part, other than the amendment
made by section 15(7), has the same extent as the provision to which it
35relates.

(2) In Part

2

(powers of British Transport Police Force)—

(a) section 19(1) extends to England and Wales only, and

(b) 40section 19(2) extends to England and Wales and Scotland.

(3) Part

3

(environmental control of animal and plant species) extends to England
and Wales only.

(4) 45In Part

4

(planning, land and buildings)—

(a) an amendment or repeal has the same extent as the provision to which
it relates, and

(b) 50sections 27(2) and (4) and 29(11) and (12), Part 4 of Schedule 5 and
section 30 so far as applying to that Part and section 33(6) extend to
England and Wales only.

(5) In Part

5

(energy)—

(a) sections 34 and 35, sections 37 and 38, sections 39 to 44, section 45,
5section 47, section 46 and Schedules 6 and 7 extend to England and
Wales and Scotland, and

(b) section 36 extends to England and Wales, Scotland and Northern
Ireland.

(6) Part 6 (Public Works Loan Commissioners) extends to England and Wales,
10Scotland and Northern Ireland.

(7) Part 7 (the electronic communications code) extends to England and Wales,
Scotland and Northern Ireland, save that an amendment or repeal made by
that Part has the same extent as the provision to which it relates.

(8) The power in section 411(6) of the Communications Act 2003 (power to extend
15provisions of Act to Channel Islands and Isle of Man) is exercisable in relation
to the amendments of that Act made by or under Part 7.

(9) This Part extends to England and Wales, Scotland and Northern Ireland.

52 Commencement

(1) Part

201

(strategic highways companies) comes into force—

(a) in so far as it confers power to make regulations, on the day on which
this Act is passed, and

(b) for all other purposes, on such day as the Secretary of State appoints by
25regulations.

(2) Part

2

(powers of British Transport Police Force) comes into force at the end of
the period of two months beginning with the day on which this Act is passed.

(3) 30Part

3

(environmental control of animal and plant species)—

(a) so far as it relates to England, comes into force on such day as the
Secretary of State appoints by regulations, and

(b) 35so far as it relates to Wales, comes into force on such day as the Welsh
Ministers appoint by regulations.

(4) In Part

4

(planning, land and buildings)—

(a) 40sections 23, 24 and 33 come into force on such day as the Secretary of
State appoints by regulations,

(b) section 25 comes into force—

(i) in so far as it confers power to make regulations, on the day on
which this Act is passed, and

(ii) 45for all other purposes, on such day as the Secretary of State
appoints by regulations,

(c) section 26 comes into force on the day on which this Act is passed,

(d) section 27 and Schedule 4 come into force—

(i) in so far as they confer power to make provision by regulations
50or by development order within the meaning of the Town and
Country Planning Act 1990, on the day on which this Act is
passed, and

(ii) for all other purposes, on such day as the Secretary of State
appoints by regulations, and

(e) sections 28, 29, 30, 31 and 32 and Schedule 5 come into force at the end
of the period of two months beginning with the day on which this Act
is passed.

(5) In the case of section 30 and Schedule 5, subsection (4) has effect subject to Part
54 of that Schedule.

(6) In Part

5

(energy)—

(a) sections 34 and 35 and Schedule 6 come into force on 1 June 2016,

(b) 10section 36 and sections 39 to 44 come into force at the end of the period
of two months beginning with the day on which this Act is passed,

(c) sections 37 and 38, section 46 and Schedule 7 come into force on such
day as the Secretary of State appoints by regulations, and

(d) section 45 and section 47 come into force on the day on which this Act
15is passed.

(7) Part 6 (Public Works Loan Commissioners) comes into force at the end of the
period of two months beginning with the day on which this Act is passed.

(8) Part 7 (the electronic communications code) comes into force on such day as the
Secretary of State appoints by regulations.

(9) 20This Part comes into force on the day on which this Act is passed.

(10) Regulations under subsection (1)(b), (3), (4)(a), (b)(ii) or (d)(ii) or (6)(c) or (8)
may appoint different days for different purposes or areas.

(11) The Secretary of State may by regulations make transitional, transitory or
saving provision in connection with the coming into force of any provision of
25this Act, other than Part

3

so far as it relates to Wales.

(12) The Welsh Ministers may by regulations make transitional, transitory or
saving provision in connection with the coming into force of Part

303

so far as it
relates to Wales.

53 Short title

This Act may be cited as the Infrastructure Act 2014.