Session 2010 - 12
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Other Bills before Parliament

Energy Bill [HL]


 
 

11

65

Page 40, line 21, leave out “costs” and insert “expenses”

Clause 59

66

Page 40, line 35, leave out subsection (1)

67

Page 41, line 16, leave out “, “let the property” and “tenant”” and insert “and “let

 

the property””

68

Page 41, line 17, after “regulations” insert “(and “let the property” may be defined

 

to include “continue to let the property”)”

Clause 61

69

Page 42, line 40, leave out “costs” and insert “expenses”

Clause 62

70

Page 43, line 8, leave out subsection (2)

71

Page 43, line 10, leave out subsections (3) and (4) and insert—

 

“(3)    

Orders under this Chapter are subject to the negative procedure.

 

(4)    

Regulations under this Chapter are subject to the affirmative procedure.”

Clause 69

72

Page 53, line 23, at end insert—

 

“(6A)    

In sections 28 to 30F and section 38 of the 1986 Act (enforcement of relevant

 

requirements etc) a reference to a “relevant requirement” is to be treated as

 

including a reference to a requirement imposed on a gas transporter or gas

 

supplier under this section.

 

(6B)    

In sections 25 to 28 of the 1989 Act (enforcement of relevant requirements

 

etc) a reference to a “relevant requirement” is to be treated as including a

 

reference to a requirement imposed on an electricity distributor or

 

electricity supplier under this section.”

Clause 73

73

Page 56, line 9, leave out paragraph (b)

74

Page 56, line 10, leave out subsection (6) and insert—

 

“(6)    

Regulations under this section are subject to the negative procedure.”

Clause 75

75

Page 57, line 21, leave out subsection (2)

Clause 79

76

Page 61, line 13, leave out from “consultation” to “the” in line 14 and insert “before,

 

as well as consultation after,”

 
 

 
 

12

 

Clause 80

77

Page 62, line 10, after “have” insert “piped”

78

Page 62, line 14, at end insert—

 

“(1A)    

This section does not apply by virtue of subsection (1)(c) where a person

 

makes an application to the owner of a gas processing facility for a right to

 

have gas processed by the facility for a downstream purpose (as to which,

 

see section 12 of the Gas Act 1995).”

79

Page 63, line 39, at end insert—

 

“(10A)    

A notice under subsection (10) may also contain such provisions as the

 

Secretary of State considers appropriate for the purpose of ensuring that no

 

person suffers a loss by reason of the mixing together of—

 

(a)    

substances conveyed by the pipeline or processed by the facility on

 

behalf of the applicant in exercise of a right secured by the notice;

 

and

 

(b)    

substances conveyed by the pipeline or processed by the facility by

 

or on behalf of any other person.”

80

Page 63, line 48, leave out from “applicant” to end of line 3 on page 64 and insert—

 

“(12A)    

If a notice under subsection (10) contains provision of a sort mentioned in

 

subsection (9) or (10A) the Secretary of State must give a copy of the notice

 

to every person who has a right to have anything conveyed by the pipeline

 

or processed by the facility.

 

(12B)    

Before giving a copy of a notice under subsection (12A) the Secretary of

 

State must—

 

(a)    

remove from the copy any provision included in the notice by

 

virtue of subsection (10)(d) or (11)(a); and

 

(b)    

after giving the owner and the applicant an opportunity to be

 

heard, remove from the copy any other provision included in the

 

notice which the Secretary of State considers may prejudice the

 

commercial interests of the owner or the applicant if not removed.”

Clause 82

81

Page 65, line 42, leave out from beginning to “person” in line 44 and insert “If a

 

notice under subsection (2) contains provision by virtue of subsection (4) the

 

Secretary of State must give a copy of the notice to every”

82

Page 65, line 45, at end insert—

 

“(5A)    

Before giving a copy of a notice under subsection (5) the Secretary of State

 

must—

 

(a)    

remove from the copy any provision included in the notice by

 

virtue of subsection (3)(b); and

 

(b)    

after giving the owner and the applicant an opportunity to be

 

heard, remove from the copy any other provision included in the

 

notice which the Secretary of State considers may prejudice the

 

commercial interests of the owner or the applicant if not removed.”

 
 

 
 

13

 

Clause 88

83

Page 70, line 6, leave out from second “facility” to end of line 7 and insert “which—

 

(a)    

carries out gas processing operations in relation to piped gas;

 

(b)    

is operated otherwise than by a gas transporter; and

 

(c)    

is not an LNG import or export facility (within the meaning of

 

section 12 of the Gas Act 1995);”

84

Page 70, line 12, at end insert—

 

““piped gas” means gas which—

 

(a)    

originated from a petroleum production project; and

 

(b)    

has been conveyed only by means of pipes;”

85

Page 70, line 18, at end insert “and is not a carbon dioxide pipeline”

86

Page 70, line 32, at end insert—

 

““carbon dioxide pipeline” means—

 

(a)    

a pipeline used to convey carbon dioxide to a carbon

 

dioxide storage site; or

 

(b)    

a pipeline which is not being used for any purpose but

 

which is intended to be used to convey carbon dioxide to

 

such a site;

 

“carbon dioxide storage site” means a facility—

 

(a)    

for the storage of carbon dioxide (with a view to its

 

permanent disposal, or as an interim measure prior to its

 

permanent disposal); and

 

(b)    

in respect of the use of which a person is required to have a

 

licence under section 18 of the Energy Act 2008;”

After Clause 89

87

Insert the following new Clause—

 

“Acquisition of rights to use gas processing facilities for downstream purposes

 

(1)    

Section 12 of the Gas Act 1995 (acquisition of rights to use gas processing

 

facilities) is amended as follows.

 

(2)    

In the heading at the end insert “for downstream purposes”.

 

(3)    

For “the Secretary of State” (in each place those words occur) substitute

 

“the Authority”.

 

(4)    

In subsection (1)—

 

(a)    

in the words before paragraph (a), after “gas processing facility”

 

insert “which processes gas for a downstream purpose”;

 

(b)    

in that paragraph for “on that person’s behalf” substitute “for such

 

a purpose”.

 

(5)    

After subsection (1) insert—

 

“(1ZA)    

At least two months before publishing those conditions or any

 

changes to them under subsection (1), the owner of the facility

 

must—

 

(a)    

publish a draft of the proposed conditions or changes; and

 
 

 
 

14

 
 

(b)    

inform any person who has a right to have gas processed by

 

the facility that the draft has been published.

 

(1ZB)    

The owner of the facility must take into account any representations

 

received about the proposed conditions or changes before

 

publishing them, or a modified version of them, as final conditions

 

or changes under subsection (1).”

 

(6)    

In subsection (1B) for “on his behalf” substitute “for a downstream

 

purpose”.

 

(7)    

In subsection (1D)—

 

(a)    

omit the “and” immediately preceding paragraph (c);

 

(b)    

after paragraph (c) insert “; and

 

(d)    

that the gas is to be processed for a downstream purpose”.

 

(8)    

In subsection (1G) for “he” substitute “it”.

 

(9)    

In subsection (2)(b) for “his” substitute “its”.

 

(10)    

For subsections (5) and (5A) substitute—

 

“(5)    

Sections 28 to 30F of the 1986 Act (enforcement of relevant

 

requirements etc) apply in relation to the owner of a gas processing

 

facility as if—

 

(a)    

references to “a licence holder” were references to the owner

 

of the facility; and

 

(b)    

references to a “relevant requirement” were references to a

 

requirement imposed on the owner under this section.

 

(5A)    

For the purposes of this section, gas is processed for “a downstream

 

purpose” if it is processed with a view to its being put into a gas

 

storage facility, an LNG import or export facility, a gas

 

interconnector or a distribution system pipeline.”

 

(11)    

In subsection (6)—

 

(a)    

in the definition of “gas processing facility” for the words from

 

“carries” to the end substitute “—

 

(a)    

carries out gas processing operations;

 

(b)    

is operated otherwise than by a gas

 

transporter; and

 

(c)    

is not an LNG import or export facility;”;

 

(b)    

insert, in the appropriate place, the following definitions—

 

““authorised transporter” has the same meaning as in

 

Part 1 of the 1986 Act;”;

 

““the Authority” means the Gas and Electricity

 

Markets Authority;”;

 

““distribution system operator” has the meaning given

 

by Article 2(6) of Directive 2009/73/EC of the

 

European Parliament and of the Council of 13 July

 

2009 concerning common rules for the internal

 

market in natural gas and repealing Directive 2003/

 

55/EC;”;

 
 

 
 

15

 
 

““distribution system pipeline” means a pipeline

 

operated by an authorised transporter who is a

 

distribution system operator;”;

 

““gas interconnector” has the same meaning as in Part

 

1 of the 1986 Act;”;

 

““gas storage facility” means a facility in Great Britain

 

(including the territorial sea adjacent to Great Britain

 

and the sea in any area designated under section 1(7)

 

of the Continental Shelf Act 1964) for either or both

 

of the following—

 

(a)    

the storage in porous strata, or in cavities in

 

strata, of gas which has been, or will be,

 

conveyed in a pipeline system operated by

 

the holder of a licence under section 7 or 7ZA

 

of the 1986 Act;

 

(b)    

the storage of liquid gas which, if regasified,

 

would be suitable for conveyance through

 

pipes to premises in accordance with a

 

licence under section 7 of the 1986 Act;

 

but the reference in paragraph (b) to the storage of

 

liquid gas does not include such temporary storage

 

as is mentioned in the definition of “LNG import or

 

export facility”;”;

 

““LNG import or export facility” means a facility in

 

Great Britain (including the territorial sea adjacent to

 

Great Britain and the sea in any area designated

 

under section 1(7) of the Continental Shelf Act 1964)

 

for—

 

(a)    

the importation into Great Britain and

 

regasification of liquid gas prior to its

 

conveyance to a pipeline system operated by

 

the holder of a licence under section 7 or

 

section 7ZA of the 1986 Act, or the

 

liquefaction of gas for the purpose of its

 

export from Great Britain; and

 

(b)    

any activity, including temporary storage of

 

gas or liquid gas, which is necessary for that

 

importation, regasification or liquefaction;”;

 

““storage”, in relation to liquid gas in a gas storage

 

facility, includes any liquefaction of gas or

 

regasification of liquid gas ancillary to the storage of

 

liquid gas, and “stored”, in relation to liquid gas in a

 

gas storage facility, shall be construed accordingly;”.

 

(12)    

For subsection (7) substitute—

 

“(7)    

Section 89 of the Energy Act 2011 (meaning of “associate”) applies

 

for the purposes of subsection (3) of this section as it applies for the

 

purposes of section 80(6)(d) and (8)(a) of that Act.””

Clause 95

88

Page 76, line 13, leave out subsection (4)

 
 

 
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Revised 15 September 2011