Session 2017-19
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Thursday 23 November 2017

 

Public Bill Committee

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments which will comply with the required notice period at their next appearance

 

Amendments tabled since the last publication: NC11

 

Smart Meters Bill


 

Note

 

This document includes all amendments remaining before the Committee and

 

includes any withdrawn amendments at the end. The amendments have been

 

arranged in accordance with the Order of the Committee [21 November 2017].

 

 


 

Steve McCabe

 

Matt Western

 

1

 

Clause  1,  page  1,  line  4,  leave out “1 November 2023” and insert “31 December

 

2020”

 

Member’s explanatory statement

 

This amendment would reduce the proposed extension of powers to align them with the planned

 

completion of the smart meter rollout.

 

Steve McCabe

 

Matt Western

 

12

 

Clause  1,  page  1,  line  5,  after “23”, insert “, except in relation to SMETS1 meters”.

 

Member’s explanatory statement

 

This amendment would exclude the rollout of SMETS1 meters from the extended licence.


 
 

Public Bill Committee: 23 November 2017                  

2

 

Smart Meters Bill, continued

 
 

Steve McCabe

 

Matt Western

 

2

 

Clause  1,  page  1,  line  9,  leave out “1 November 2023” and insert “31 December

 

2020”

 

Member’s explanatory statement

 

This amendment would reduce the proposed extension of powers to align them with the planned

 

completion of the smart meter rollout.

 

Steve McCabe

 

Matt Western

 

3

 

Clause  1,  page  1,  line  12,  leave out “1 November 2023” and insert “31 December

 

2020”

 

Member’s explanatory statement

 

This amendment would reduce the proposed extension of powers to align them with the planned

 

completion of the smart meter rollout.

 

Steve McCabe

 

Matt Western

 

6

 

Clause  1,  page  1,  line  12,  at end insert—

 

“(c)    

in section 56FA(3) after “including”, insert—

 

“, the supply of such meters to energy companies, the disposal of

 

old or malfunctioning meters and”

 

Member’s explanatory statement

 

This amendment would allow the Secretary of State by order to add ‘the supplying of smart meters

 

to energy companies’ and the ‘disposal of old or malfunctioning smart meters’ to the list of

 

licensable activities.

 

Steve McCabe

 

Matt Western

 

4

 

Clause  1,  page  1,  line  16,  leave out “1 November 2023” and insert “31 December

 

2020”

 

Member’s explanatory statement

 

This amendment would reduce the proposed extension of powers to align them with the planned

 

completion of the smart meter rollout.

 

Steve McCabe

 

Matt Western

 

5

 

Clause  1,  page  1,  line  19,  leave out “1 November 2023” and insert “31 December

 

2020”

 

Member’s explanatory statement

 

This amendment would reduce the proposed extension of powers to align them with the planned

 

completion of the smart meter rollout.


 
 

Public Bill Committee: 23 November 2017                  

3

 

Smart Meters Bill, continued

 
 

Steve McCabe

 

Matt Western

 

7

 

Clause  1,  page  1,  line  19,  at end insert—

 

“(c)    

in section 41HA(3) after “including”, insert—

 

“, the supply of such meters to energy companies, the disposal of

 

old or malfunctioning meters and”

 

Member’s explanatory statement

 

This amendment would allow the Secretary of State by order to add ‘the supplying of smart meters

 

to energy companies’ and the ‘disposal of old or malfunctioning smart meters’ to the list of

 

licensable activities.

 

Dr Alan Whitehead

 

Thangam Debbonaire

 

13

 

Clause  1,  page  1,  line  21,  at end insert—

 

“(4A)    

The provisions set out in subsections (2) and (3) do not allow the Secretary of

 

State to remove any licensable activities presently enabled in respect of smart

 

meter communications or other activities.”

 

Member’s explanatory statement

 

This amendment prevents the Secretary of State from using the extension of these powers to remove

 

currently licensable activities.

 


 

Steve McCabe

 

Matt Western

 

8

 

Clause  3,  page  2,  line  34,  after “efficiently”, insert “, transparently”

 

Member’s explanatory statement

 

This amendment would make it an objective of the smart meter communication licensee

 

administration to operate in a way which would allow the general public to be aware of his

 

functions.

 

Dr Alan Whitehead

 

Thangam Debbonaire

 

14

 

Clause  3,  page  3,  line  32,  at end insert “within the context of the full services

 

offered by the DCC”.

 

Member’s explanatory statement

 

This amendment requires that any regulations about prioritisation of activities following the DCC

 

going into administration would have to take into account the context of the full services offered

 

by the DCC.


 
 

Public Bill Committee: 23 November 2017                  

4

 

Smart Meters Bill, continued

 
 

Dr Alan Whitehead

 

Thangam Debbonaire

 

20

 

Parliamentary Star - white    

Clause  3,  page  3,  line  33,  at end insert—

 

“(7)    

A statutory instrument containing regulations under this 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.”

 

Member’s explanatory statement

 

This amendment would apply the affirmative procedure to regulations under Clause 3.

 


 

Dr Alan Whitehead

 

Thangam Debbonnaire

 

16

 

Clause  4,  page  4,  line  9,  at end insert—

 

“(ba)    

in paragraph 33(3), for “negative” substitute “affirmative”

 

Member’s explanatory statement

 

This amendment would apply the affirmative procedure to the use of provisions of Schedule 20 of

 

the Energy Act 2004 under this Act.

 


 

Steve McCabe

 

Matt Western

 

10

 

Clause  6,  page  5,  line  20,  at end insert—

 

“(aa)    

the public; and”

 

Member’s explanatory statement

 

This amendment would require the Secretary of State to consult the public before making a

 

modification to particular or standard conditions of gas or electricity licences when these powers

 

are being used in connection with the smart meter communication licensee administration

 

provisions.

 

Steve McCabe

 

Matt Western

 

11

 

Clause  6,  page  6,  line  22,  at end insert—

 

“(15)    

Prior to making modifications under this section the Secretary of State shall

 

commission an independent evaluation on the potential impact the modifications

 

available to the Secretary of State to secure funding of smcl administration could

 

have on consumer energy prices and shall lay the report of the evaluation before

 

each House of Parliament.”

 

Member’s explanatory statement

 

This amendment would require that, before considering modifications to ensure funding of smcl

 

administration, the Secretary of State must seek independent evaluation of the impact such

 

modifications would have on consumer energy prices.

 



 
 

Public Bill Committee: 23 November 2017                  

5

 

Smart Meters Bill, continued

 
 

Richard Harrington

 

17

 

Parliamentary Star - white    

Clause  11,  page  9,  line  19,  at end insert—

 

“(2A)    

Sections (Modification of electricity codes etc: settlement using smart meter

 

information) to (Date from which modifications of electricity licence conditions

 

may have effect) come into force on such day as the Secretary of State may by

 

regulations appoint.

 

(2B)    

Regulations under subsection (2A) are to be made by statutory instrument.”

 

Member’s explanatory statement

 

This amendment gives the Secretary of State power to bring NC8 to NC10 into force by

 

regulations.

 


 

New Clauses

 

Richard Harrington

 

NC8

 

Parliamentary Star - white    

To move the following Clause—

 

         

“Modification of electricity codes etc: settlement using smart meter

 

information

 

(1)    

The Gas and Electricity Markets Authority (“the Authority”) may—

 

(a)    

modify a document maintained in accordance with an electricity licence,

 

and

 

(b)    

modify an agreement that gives effect to such a document,

 

if the condition in subsection (2) is satisfied.

 

(2)    

The condition is that the Authority considers the modification necessary or

 

desirable for the purposes of enabling or requiring half-hourly electricity

 

imbalances to be calculated using information about customers’ actual

 

consumption of electricity on a half-hourly basis.

 

(3)    

The power to make modifications under this section includes—

 

(a)    

power to make provision about the determination of amounts payable in

 

connection with half-hourly electricity imbalances;

 

(b)    

power to remove or replace all of the provisions of a document or

 

agreement;

 

(c)    

power to make different provision for different purposes;

 

(d)    

power to make incidental, supplementary, consequential or transitional

 

modifications.

 

(4)    

A modification may not be made under this section after the end of the period of

 

5 years beginning with the day on which this section comes into force.

 

(5)    

In this section—

 

“balancing arrangements” means arrangements made by the transmission

 

system operator for the purposes of balancing the national transmission

 

system for Great Britain;

 

“electricity licence” means a licence under section 6(1) of the Electricity

 

Act 1989;

 

“half-hourly electricity imbalance” means the difference between the

 

amount of electricity consumed by an electricity supplier’s customers

 

during a half-hour period and the amount of electricity purchased by the

 

electricity supplier for delivery during that period, after taking into


 
 

Public Bill Committee: 23 November 2017                  

6

 

Smart Meters Bill, continued

 
 

account any adjustments in connection with the supplier’s participation

 

in balancing arrangements;

 

“supply”, in relation to electricity, has the same meaning as in Part 1 of the

 

Electricity Act 1989 (see section 4(4) of that Act);

 

“transmission system” has the same meaning as in Part 1 of the Electricity

 

Act 1989 (see section 4(4) of that Act);

 

“transmission system operator” means the person operating the national

 

transmission system for Great Britain.”

 

Member’s explanatory statement

 

This new clause gives Ofgem power to modify documents maintained in accordance with an

 

electricity licence, or agreements giving effect to such documents, so as to enable half-hourly

 

electricity imbalances to be calculated using information obtained from smart meters.

 


 

Richard Harrington

 

NC9

 

Parliamentary Star - white    

To move the following Clause—

 

         

“Modification under section (Modification of electricity codes etc: settlement

 

using smart meter information)

 

(1)    

Before making a modification under section (Modification of electricity codes

 

etc: settlement using smart meter information), the Gas and Electricity Markets

 

Authority (“the Authority”) must—

 

(a)    

publish a notice about the proposed modification,

 

(b)    

send a copy of the notice to the persons listed in subsection (2), and

 

(c)    

consider any representations made within the period specified in the

 

notice about the proposed modification or the date from which it would

 

take effect.

 

(2)    

The persons mentioned in subsection (1)(b) are—

 

(a)    

each relevant licence holder,

 

(b)    

the Secretary of State,

 

(c)    

Citizens Advice,

 

(d)    

Citizens Advice Scotland, and

 

(e)    

such other persons as the Authority considers appropriate.

 

(3)    

The period specified under subsection (1)(c) must be a period of not less than 28

 

days beginning with the day on which the notice is published.

 

(4)    

A notice under subsection (1) must—

 

(a)    

state that the Authority proposes to make a modification,

 

(b)    

set out the proposed modification and its effect,

 

(c)    

specify the date from which the Authority proposes that the modification

 

will have effect, and

 

(d)    

state the reasons why the Authority proposes to make the modification.

 

(5)    

If, after complying with subsections (1) to (4) in relation to a modification, the

 

Authority decides to make a modification, it must publish a notice about the

 

decision.

 

(6)    

A notice under subsection (5) must—

 

(a)    

state that the Authority has decided to make the modification,

 

(b)    

set out the modification and its effect,


 
 

Public Bill Committee: 23 November 2017                  

7

 

Smart Meters Bill, continued

 
 

(c)    

specify the date from which the modification has effect,

 

(d)    

state how the Authority has taken account of any representations made in

 

the period specified in the notice under subsection (1), and

 

(e)    

state the reason for any differences between the modification set out in

 

the notice and the proposed modification.

 

(7)    

A notice under this section about a modification or decision must be published in

 

such manner as the Authority considers appropriate for bringing it to the attention

 

of those likely to be affected by the making of the modification or decision.

 

(8)    

Sections 3A to 3D of the Electricity Act 1989 (principal objective and general

 

duties) apply in relation to the functions of the Authority under section

 

(Modification of electricity codes etc: settlement using smart meter information)

 

and this section with respect to modifications of documents maintained in

 

accordance with electricity licences, and agreements giving effect to such

 

documents, as they apply in relation to functions of the Authority under Part 1 of

 

that Act.

 

(9)    

For the purposes of subsections (1) to (10) of section 5A of the Utilities Act 2000

 

(duty of Authority to carry out impact assessment), a function exercisable by the

 

Authority under section (Modification of electricity codes etc: settlement using

 

smart meter information) is to be treated as if it were a function exercisable by it

 

under or by virtue of Part 1 of the Electricity Act 1989.

 

(10)    

The reference in subsection (8) to the functions of the Authority under section

 

(Modification of electricity codes etc: settlement using smart meter information)

 

includes a reference to the Authority’s functions under subsections (1) to (10) of

 

section 5A of the Utilities Act 2000 as applied by subsection (9).

 

(11)    

In this section—

 

“electricity licence” has the meaning given in section (Modification of

 

electricity codes etc: settlement using smart meter information);

 

“relevant licence holder” means, in relation to the modification of a

 

document maintained under an electricity licence or an agreement that

 

gives effect to such a document, the holder of a licence under which the

 

document is maintained.”

 

Member’s explanatory statement

 

This new clause sets out the procedural requirements that apply to the exercise of the power under

 

NC8.

 


 

Richard Harrington

 

NC10

 

Parliamentary Star - white    

To move the following Clause—

 

         

“Date from which modifications of electricity licence conditions may have

 

effect

 

(1)    

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

 

(2)    

In section 11A(9) (modifications of electricity licence conditions not to have

 

effect less than 56 days from publication of decision to modify), at the end insert

 

“, except as provided in section 11AA”.

 

(3)    

After that section insert—

 

“11AA

Modification of conditions under section 11A: early effective date

 

(1)    

The date specified by virtue of section 11A(8) in relation to a

 

modification under that section may be less than 56 days from the


 
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Revised 22 November 2017