House of Lords Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

12
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,”
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

13

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.”
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);”

14
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

(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).”

15

(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;”;

““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)

16

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)
89
Page 76, line 32, after “conditions of” insert “generation, distribution and supply”
90
Page 76, line 35, after “conditions of” insert “transporter, supply and shipping”
91
Page 76, line 37, at end insert—

“(11A)
In section 146(5) of the Energy Act 2004 (standard conditions of

interconnector licences under Part 1 of the Electricity Act 1989), for “or

17

under this Act” substitute “, under this Act or under section 95 of the

Energy Act 2011”.

(11B)
In section 150(5) of the Energy Act 2004 (standard conditions of

interconnector licences under Part 1 of the Gas Act 1986), for “or under this

Act” substitute “, under this Act or under section 95 of the Energy Act

2011”.”
After Clause 101
92
Insert the following new Clause—

“Regulation of security of nuclear construction sites

(1)
Section 77 of the Anti-terrorism, Crime and Security Act 2001 (regulation of

security of civil nuclear industry) is amended as follows.

(2)
In subsection (1) (list of matters that may be regulated) after paragraph (c)

insert—

“(cza)
nuclear construction sites and equipment used or stored on

such sites;”.

(3)
In subsection (7) after the definition of “equipment” insert—

““nuclear construction site” means a site—

(a)
on which works are being carried out with a view to

its becoming a nuclear site used wholly or mainly for

purposes other than defence purposes; and

(b)
which is situated within 5 kilometres of an existing

nuclear site.””
93
Insert the following new Clause—

“Agreement about modifying decommissioning programme

(1)
Section 46 of the Energy Act 2008 (approval of a decommissioning

programme) is amended as follows.

(2)
After subsection (3) insert—

“(3A)
When approving a programme the Secretary of State may agree to

exercise, or not to exercise, the section 48 power—

(a)
in a particular manner;

(b)
within a particular period.

(3B)
An agreement under subsection (3A) may subsequently be

amended by the Secretary of State and the other party to the

agreement.

(3C)
The Secretary of State may not make such an agreement or amend

such an agreement unless satisfied that the agreement (or the

agreement as amended) includes adequate provision for the

modification of the programme in the event that the provision

made by it for the technical matters (including the financing of the

designated technical matters) ceases to be prudent.

18

(3D)
Provision in such an agreement (including the provision mentioned

in subsection (3C)) may include provision—

(a)
for a determination by a third party in relation to a relevant

matter specified in the agreement, and

(b)
for the Secretary of State to be bound by such a

determination.

(3E)
A “relevant matter” is a matter relating to the provision made by the

programme for the technical matters.

(3F)
Subsections (3A) to (3D) apply notwithstanding that the agreement

or amendment fetters the Secretary of State’s discretion.

(3G)
In subsection (3A) “section 48 power” means the power of the

Secretary of State under section 48 to propose a modification of the

programme or a modification of the conditions to which the

approval of the programme is subject.”

(3)
In subsection (4) for “(3)” substitute “(3B)”.”
94
Insert the following new Clause—

“Abandonment: infrastructure converted for CCS demonstration sites

(1)
The Energy Act 2008 is amended as follows.

(2)
After section 30 insert—

“30A
Installations converted for CCS demonstration projects

(1)
The Secretary of State may by order designate an installation as an

eligible CCS installation.

(2)
But an order may not be made under subsection (1) in relation to—

(a)
a carbon storage installation established or maintained

under a licence granted by the Scottish Ministers, or

(b)
any other installation established or maintained wholly or

partly in Scotland.

(3)
An order under subsection (1) ceases to have effect if the installation

in relation to which it is made becomes an installation within

subsection (2)(a).

(4)
An eligible CCS installation qualifies for change of use relief if—

(a)
the installation is or has been used as part of a CCS

demonstration project, and

(b)
the trigger event has occurred in relation to the installation

at a time when the installation was so used (whether before

or after it was designated under this section).

(5)
The trigger event occurs—

(a)
in relation to an installation used for the injection of

captured carbon dioxide into a carbon storage facility as

part of a CCS demonstration project, when captured carbon

dioxide is first present at the installation, and

(b)
in relation to an installation used as part of a CCS

demonstration project for any other purpose, when



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