Session 2017-19
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House of Commons

 
 

Tuesday 28 November 2017

 

Public Bill Committee Proceedings

 

Smart Meters Bill


 

[FIFTH AND SIXTH Sittings]


 

Glossary

 

This document shows the fate of each clause, schedule, amendment and new clause.

 

The following terms are used:

 

Agreed to: agreed without a vote.

 

Agreed to on division: agreed following a vote.

 

Negatived: rejected without a vote.

 

Negatived on division: rejected following a vote.

 

Not called: debated in a group of amendments, but not put to a decision.

 

Not moved: not debated or put to a decision.

 

Question proposed: debate underway but not concluded.

 

Withdrawn after debate: moved and debated but then withdrawn, so not put to a decision.

 

Not selected: not chosen for debate by the Chair.

 

 


 

Dr Alan Whitehead

 

Thangam Debbonaire

 

Negatived on division  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.”

 

Clause Agreed to.

 

Clause 2 Agreed to.

 



 
 

Public Bill Committee Proceedings: 28 November 2017        

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Smart Meters Bill, continued

 
 

Steve McCabe

 

Matt Western

 

Withdrawn after debate  8

 

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

 

Dr Alan Whitehead

 

Thangam Debbonaire

 

Withdrawn after debate  14

 

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

 

offered by the DCC”.

 

Dr Alan Whitehead

 

Thangam Debbonaire

 

Withdrawn after debate  20

 

Clause  3,  page  3,  line  33,  leave out subsection (7) and 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.”

 

Clause Agreed to.

 


 

Dr Alan Whitehead

 

Thangam Debbonnaire

 

Negatived on division  16

 

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

 

“(ba)    

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

 

Clause Agreed to.

 

Clause 5 Agreed to.

 


 

Steve McCabe

 

Matt Western

 

Withdrawn after debate  10

 

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

 

“(aa)    

the public; and”

 

Steve McCabe

 

Matt Western

 

Withdrawn after debate  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.”

 

Clause Agreed to.


 
 

Public Bill Committee Proceedings: 28 November 2017        

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Smart Meters Bill, continued

 
 

Clauses 7-10 Agreed to.

 


 

Richard Harrington

 

Agreed to  17

 

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.”

 

Clause Agreed to.

 


 

New Clauses

 

Richard Harrington

 

Agreed to  NC8

 

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;


 
 

Public Bill Committee Proceedings: 28 November 2017        

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Smart Meters Bill, continued

 
 

“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

 

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.”

 


 

Richard Harrington

 

Agreed to  NC9

 

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 Proceedings: 28 November 2017        

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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.”

 


 

Richard Harrington

 

Agreed to  NC10

 

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

 

publication of the decision to proceed with the making of the

 

modification if—


 
 

Public Bill Committee Proceedings: 28 November 2017        

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Smart Meters Bill, continued

 
 

(a)    

the Authority considers it necessary or expedient for the

 

modification to have effect before the 56 days expire,

 

(b)    

the purpose condition is satisfied,

 

(c)    

the consultation condition is satisfied, and

 

(d)    

the time limit condition is satisfied.

 

(2)    

The purpose condition is that the Authority considers the modification

 

necessary or desirable for purposes described in section (Modification of

 

electricity codes etc: settlement using smart meter information)(2) of the

 

Smart Meters Act 2017 (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 consultation condition is that the notice under section 11A(2)

 

relating to the modification—

 

(a)    

stated the date from which the Authority proposed that the

 

modification should have effect,

 

(b)    

stated the Authority’s reasons for proposing that the

 

modification should have effect from a date less than 56 days

 

from the publication of the decision to modify, and

 

(c)    

explained why, in the Authority’s view, that would not have a

 

material adverse effect on any licence holder.

 

(4)    

The time limit condition is that the specified date mentioned in

 

subsection (1) falls within the period of 5 years beginning on the day on

 

which section (Modification of electricity codes etc: settlement using

 

smart meter information) of the Smart Meters Act 2017 comes into

 

force.”

 

(4)    

In paragraph 2 of Schedule 5A (procedure for appeals under section 11C:

 

suspension of decision), after sub-paragraph (1) insert—

 

  “(1A)  

In the case of an appeal against a decision of the Authority which

 

already has effect by virtue of section 11AA, the CMA may direct that

 

the modification that is the subject of the decision—

 

(a)    

ceases to have effect entirely or to such extent as may be

 

specified in the direction, and

 

(b)    

does not have effect, or does not have effect to the specified

 

extent, pending the determination of the appeal.””

 


 

Steve McCabe

 

Matt Western

 

Withdrawn after debate  NC1

 

To move the following Clause—

 

         

“Review of smart meter rollout targets

 

(1)    

Within 3 months of this Act coming in to force, the Secretary of State must

 

prepare and publish a report on the progress of the smart meter rollout and lay a

 

copy of the report before Parliament.

 

(2)    

The report under subsection (1) shall consider—

 

(a)    

progress towards the 2020 completion target;

 

(b)    

smart meter installation cost;


 
 

Public Bill Committee Proceedings: 28 November 2017        

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Smart Meters Bill, continued

 
 

(c)    

the number of meters operating in dummy mode;

 

(d)    

the overall cost to date of the DCC;

 

(e)    

the projected cost of the DCC; and

 

(f)    

such other matters as the Secretary of State considers appropriate.”

 


 

Steve McCabe

 

Matt Western

 

Withdrawn after debate  NC2

 

To move the following Clause—

 

         

“Review of public awareness levels and satisfaction with smart meter rollout

 

(1)    

Within 3 months of this Act coming into force, the Secretary of State shall

 

commission an independent review of current public awareness of smart meter

 

rollout and public satisfaction with the rollout.

 

(2)    

The report under subsection (1) shall consider—

 

(a)    

the effectiveness of consultation between industry and the public about

 

the rollout process;

 

(b)    

the awareness among vulnerable groups of smart meter rollout;

 

(c)    

the satisfaction of the public, in particular vulnerable groups and people

 

living in rural areas, with the information available on smart meter

 

rollout.

 

(3)    

The Secretary of State must lay a copy of the report before Parliament and arrange

 

for an opportunity for the report to be debated within 6 weeks of the report being

 

laid.”

 


 

Dr Alan Whitehead

 

Thangam Debbonaire

 

Withdrawn after debate  NC3

 

To move the following Clause—

 

         

“Ownership restrictions to successor licensees

 

(1)    

The Secretary of State may impose conditions on to the future DCC successor

 

licensee as appropriate.

 

(2)    

Conditions in subsection (1) may include restrictions to British owned companies

 

subject to the expiry of any contrary obligations under EU or retained EU law, as

 

defined in the EU (Withdrawal) Act 2018.”

 



 
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Revised 28 November 2017