Session 2010 - 12
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Other Bills before Parliament


 
 

 

Energy Bill [HL]

MARSHALLED LIST OF AMENDMENTS TO BE MOVED ON CONSIDERATION

OF 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;”

 

BARONESS SMITH OF BASILDON

 

[As amendments to Commons Amendment 4]

4AParliamentary Star

Line 2, at end insert “, including any arrangements for monitoring and enforcing

 

impartiality standards”

4BParliamentary Star

Line 2, at end insert—

 

“( )    

as to the provision of information about the standard methodology

 

used in making an assessment to be provided to consumers at the

 

time of receiving an assessment or on request by the consumer;”

5

Page 5, line 12, at end insert “;

 
 
HL Bill 97—I55/1

 
 

2

 
 

(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)”

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.

 
 

 
 

3

 
 

(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 persons for those purposes;

 

(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  

Compensatory amount: green deal finance

 

(1)    

This section applies where—

 
 

 
 

4

 
 

(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—

 

(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.

 
 

 
 

5

 
 

(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.”

 

BARONESS SMITH OF BASILDON

 

[As amendments to Commons Amendment 18]

18AParliamentary Star

Line 5, at end insert—

 

“( )    

Before making arrangements for functions to be exercised by another body

 

or person, the Secretary of State or the responsible public body must

 

consult Green Deal participants and consumer groups about the proposal.”

18BParliamentary Star

Line 14, at end insert—

 

“( )    

Any other body or person includes, in particular, a relevant social

 

enterprise or charity.”

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”

21

Page 22, line 24, leave out “this section” and insert “subsection (2)”

22

Page 22, line 25, at end insert—

 

“(5A)    

If the Scottish Ministers consider it appropriate for the purpose of, or in

 

consequence of, any provision falling within subsection (3)(a), (d), (f) or (g),

 

they may by regulations revoke or amend any subordinate legislation, or

 

any provision included in an instrument made under an Act of the Scottish

 

Parliament, if the provision making the revocation or amendment would

 

be within the legislative competence of the Scottish Parliament if it were

 

included in an Act of that Parliament.”

After Clause 34

23

Insert the following new Clause—

 

“Preparatory expenditure: framework regulations

 

The Secretary of State may, before the framework regulations are made,

 

incur expenditure for the purpose of, or in connection with, preparing for

 

a scheme of the kind provided for by section 3.”

24

Insert the following new Clause—

 
 

 
 

6

 
 

“Green deal installation apprenticeships

 

(1)    

Before making the first framework regulations the Secretary of State must

 

lay before Parliament a report on what, if any, steps the Secretary of State

 

has taken to encourage green deal installation apprenticeships.

 

(2)    

A “green deal installation apprenticeship” is an apprenticeship which

 

provides training on how to install energy efficiency improvements at

 

properties.”

Clause 36

25

Page 23, line 15, after “Chapter” insert “, other than those made by the Scottish

 

Ministers,”

26

Page 23, line 22, leave out paragraph (b)

27

Page 23, line 23, after “33” insert “(2)”

28

Page 23, line 29, leave out subsection (6) and insert—

 

“(6)    

Regulations under section 10(2), 14(7) or (8) or 15(4) are subject to the

 

negative procedure.”

29

Page 23, line 30, at end insert—

 

“(6A)    

Regulations under section 33(5A) are subject to the affirmative procedure.”

30

Page 23, line 44, at end insert—

 

“(8A)    

Before amending under section 9 a provision of the Building Regulations

 

2010 (S.I. 2010/2214), the Secretary of State must, if and so far as the

 

function under which the provision was made is exercisable by the Welsh

 

Ministers, obtain their consent.”

31

Page 24, line 1, leave out “Subsection (8) does” and insert “Subsections (8) and (8A)

 

do”

32

Page 24, line 6, after “(8)” insert “or (8A)”

Clause 38

33

Page 24, line 30, after “housing,” insert—

 

“(aa)    

it is low cost home ownership accommodation within the meaning

 

of section 70 of that Act,”

34

Page 24, line 35, leave out “or any regulations replacing those regulations”

After Clause 38

35

Insert the following new Clause—

 

“Domestic energy efficiency regulations

 

(1)    

The Secretary of State must make regulations for the purpose of securing

 

that a landlord of a domestic PR property—

 
 

 
 

7

 
 

(a)    

which is of such description of domestic PR property as is provided

 

for by the regulations,

 

(b)    

in relation to which there is an energy performance certificate, and

 

(c)    

which falls below such level of energy efficiency (as demonstrated

 

by the energy performance certificate) as is provided for by the

 

regulations,

 

    

may not let the property until the landlord has complied with the

 

obligation mentioned in subsection (2).

 

(2)    

The obligation is to make to the property such relevant energy efficiency

 

improvements as are provided for by the regulations.

 

(3)    

Regulations under this section are referred to in this Chapter as “domestic

 

energy efficiency regulations”.

 

(4)    

For the purposes of domestic energy efficiency regulations—

 

“energy performance certificate” has the meaning given by the Energy

 

Performance Regulations;

 

“landlord” and “let the property” have the meaning given by the

 

regulations (and “let the property” may be defined to include

 

“continue to let the property”); and

 

“relevant energy efficiency improvements” means improvements

 

which—

 

(a)    

are of such description as the regulations provide, and

 

(b)    

can be—

 

(i)    

wholly paid for pursuant to a green deal plan as

 

provided for by Chapter 1 of this Part,

 

(ii)    

provided free of charge pursuant to an obligation

 

imposed by an order made under section 33BC or

 

33BD of the Gas Act 1986 or section 41A or 41B of the

 

Electricity Act 1989,

 

(iii)    

wholly financed pursuant to a combination of such a

 

plan and such an obligation, or

 

(iv)    

financed by such other description of financial

 

arrangement as the regulations provide.

 

(5)    

The Secretary of State may by order amend the definition of “energy

 

performance certificate” in subsection (4).

 

(6)    

The first domestic energy efficiency regulations must come into force no

 

later than 1 April 2018.”

 

LORD BEST

 

[As amendments to Commons Amendment 35]

35A

Line 4, after “landlord” insert “or his appointed agent”

35B

Line 11, after “let” insert “on behalf of the landlord as his appointed agent or

 

market to let”

35C

Line 14, at end insert “such that the property shall not fall below the level of energy

 

efficiency specified in subsection (1)(c)”

35D

Line 20, after “property” insert “and market to let”

 
 

 
contents continue
 

© Parliamentary copyright
Revised 4 October 2011