Session 2010 - 12
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Other Bills before Parliament

2012097.1-4


 
 

 

Energy Bill [HL]

commons AMENDMENTS

[The page and line references are to Bill 167, the bill as first printed for the Commons.]

Clause 1

1

Page 2, line 22, leave out “and”

2

Page 2, line 24, at end insert “, and

 

(c)    

recoverable as a debt by the relevant energy supplier from the

 

person referred to in paragraph (a).”

3

Page 2, line 24, at end insert “, and

 

( )    

recovered and held by the relevant energy supplier as agent and

 

trustee for the person who made the improvements (unless the

 

relevant energy supplier is also that person).”

Clause 3

4

Page 4, line 37, at end insert—

 

“(ea)    

requiring green deal assessors to act with impartiality;”

5

Page 5, line 12, at end insert “;

 

(f)    

withdraw authorisation from a body authorised for the purposes of

 

subsection (1)(a) as a body whose members are authorised to act as

 

green deal participants”

Clause 8

6

Page 8, line 32, leave out from “takes” to “in” in line 33 and insert “one or more of

 

the following actions as required by the framework regulations”

Clause 12

7

Page 10, line 29, after “must” insert “, in relation to the document, or each

 

document, required to be produced or updated as mentioned in section 8(4)”

 
 
HL Bill 9755/1

 
 

2

8

Page 10, line 30, leave out from “document” to “has” and insert “or, if the

 

requirement to produce or update the document”

Clause 13

9

Page 11, line 19, leave out from “obtain” to “has” and insert “a document required

 

to be produced or updated as mentioned in section 8(4) or, if the requirement to

 

produce or update such a document”

Clause 17

10

Page 14, line 3, at end insert—

 

“(3A)    

Provision made by virtue of subsection (2)(b) which falls within subsection

 

(3)(c) may include provision requiring the holder of the licence, where a bill

 

payer has failed to pay a sum due under an energy bill, to remit a

 

proportion of any payment received to a green deal provider.”

11

Page 14, line 21, at end insert “or nominated by a green deal provider”

Clause 19

12

Page 15, line 15, leave out from “for” to end of line 17 and insert “one or both of the

 

following two purposes only.

 

(2A)    

The first purpose is the purpose of requiring, at specified times, the holder

 

of the licence to provide bill payers with specified information in

 

connection with their green deal plans.

 

(2B)    

The second purpose is the purpose of requiring the holder of the licence to

 

disclose on request specified information about the payment of energy bills

 

by a person who is, or is to be, the bill payer for a property in respect of

 

which there is, or is proposed to be, a green deal plan.

 

(2C)    

The only persons to whom the licence holder may be required to disclose

 

information by virtue of subsection (2B) are—

 

(a)    

where there is a green deal plan, the green deal provider under the

 

plan;

 

(b)    

where there is proposed to be a green deal plan, a person who is

 

authorised under the framework regulations to act as a green deal

 

provider.

 

(2D)    

The licence holder may be required to disclose the information requested

 

only where—

 

(a)    

the green deal provider or authorised person states that the request

 

is made for purposes connected with the green deal plan or

 

proposed green deal plan;

 

(b)    

the green deal provider or authorised person provides evidence

 

that the bill payer has consented to—

 

(i)    

disclosure of the information to that provider or person for

 

those purposes, and

 

(ii)    

onward disclosure of the disclosed information to and by

 

other other persons for those purposes;

 
 

 
 

3

 
 

(c)    

the information relates to a time within the 5 years immediately

 

preceding the request; and

 

(d)    

the licence holder has the information.”

13

Page 15, line 18, after “power” insert “under subsection (1)”

14

Page 15, line 19, leave out “form” and insert “manner or form, or subject to

 

specified requirements or restrictions”

15

Page 15, line 19, at end insert—

 

“(4)    

Conditions included in a licence under section 7A(1) of the Gas Act 1986 by

 

virtue of the power under subsection (1) and the purpose mentioned in

 

subsection (2B) may do any of the things authorised by section 7B(5)(a)(i)

 

or (iii) of that Act (which applies to the power of the Gas and Electricity

 

Markets Authority with respect to licence conditions under section

 

7B(4)(a)).

 

(5)    

Conditions included in a licence under section 6(1)(d) of the Electricity Act

 

1989 by virtue of the power under subsection (1) and the purpose

 

mentioned in subsection (2B) may do any of the things authorised by

 

section 7(3)(a) or (c) or (4) of that Act (which applies to the power of the Gas

 

and Electricity Markets Authority with respect to licence conditions under

 

section 7(1)(a)).”

Clause 21

16

Page 16, line 9, leave out subsection (2)

After Clause 28

17

Insert the following new Clause—

 

“Early repayment of green deal finance

 

(1)    

The Consumer Credit Act 1974 is amended as follows.

 

(2)    

After section 95A (compensatory amount to creditor in relation to early

 

repayment) insert—

 

““95B=95>B

Compensatory amount: green deal finance

 

(1)    

This section applies where—

 

(a)    

a regulated consumer credit agreement provides for the rate

 

of interest on the credit to be fixed for a period of time (“the

 

fixed rate period”),

 

(b)    

the agreement is a green deal plan (within the meaning of

 

section 1 of the Energy Act 2011) which is of a duration

 

specified for the purposes of this section in regulations, and

 

(c)    

under section 94 the debtor discharges all or part of his

 

indebtedness during the fixed rate period.

 

(2)    

The creditor may claim an amount equal to the cost which the

 

creditor has incurred as a result only of the debtor’s indebtedness

 

being discharged during the fixed rate period if—

 
 

 
 

4

 
 

(a)    

the amount of the payment under section 94 is not paid from

 

the proceeds of a contract of payment protection insurance,

 

and

 

(b)    

such other conditions as may be specified for the purposes

 

of this section in regulations are satisfied.

 

(3)    

The amount in subsection (2)—

 

(a)    

must be fair,

 

(b)    

must be objectively justified,

 

(c)    

must be calculated by the creditor in accordance with

 

provision made for the purposes of this section in

 

regulations, and

 

(d)    

must not exceed the total amount of interest that would

 

have been paid by the debtor under the agreement in the

 

period from the date on which the debtor makes the

 

payment under section 94 to the date fixed by the agreement

 

for the discharge of the indebtedness of the debtor.

 

(4)    

If a creditor could claim under either section 95A or this section, the

 

creditor may choose under which section to claim.”

 

(3)    

In section 94 (right to complete payments ahead of time)—

 

(a)    

in subsection (1) after “section 95A(2)” insert “or section 95B(2)”;

 

(b)    

in subsection (5) after “section 95A(2)” insert “or section 95B(2)”.

 

(4)    

In subsection (2)(c) of section 97A (duty to give information on partial

 

repayment) after “section 95A(2)” insert “or section 95B(2)”.”

After Clause 30

18

Insert the following new Clause—

 

“Exercise of scheme functions on behalf of the Secretary of State or a public

 

body

 

(1)    

This section applies to any function exercisable in connection with the

 

scheme established by the framework regulations.

 

(2)    

The Secretary of State may arrange for such a function to be exercised by

 

any body or person on behalf of the Secretary of State.

 

(3)    

A public body specified in relation to such a function in an order made by

 

virtue of section 30(1)(a) may arrange for the function to be exercised by

 

any other body or person on its behalf.

 

(4)    

Arrangements under this section—

 

(a)    

do not affect the responsibility for the exercise of the function;

 

(b)    

may include provision for payments to be made to the body or

 

person exercising the function under the arrangements.”

Clause 33

19

Page 22, line 1, leave out “this section” and insert “subsection (2)”

20

Page 22, line 21, at end insert “or, in Scotland, expenses”

 
 

 
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Revised 15 September 2011