Energy Bill

fourth
MARSHALLED
LIST OF Amendments
to be moved
in grand committee

The amendments have been marshalled in accordance with the Instruction of 4th June 2013, as follows—

Clause 132
Schedule 14
Clauses 133 to 136
Clause 47
Schedule 4
Clauses 48 and 49
Schedule 5
Clauses 50 and 51
Clause 5
Clauses 21 to 37
Clauses 6 and 7
Schedule 1
Clauses 8 to 20
Clauses 43 to 46
Clause 38
Schedule 2
Clauses 39 to 41
Schedule 3
Clause 42
Clauses 52 to 55
Clauses 137 to 142

[Amendments marked * are new or have been altered]

After Clause 132

BARONESS VERMA

50J

Insert the following new Clause—

“Fuel poverty

(1)   The Warm Homes and Energy Conservation Act 2000 is amended as
follows.

(2)   After section 1 insert—

“1A Objective for addressing fuel poverty: England

(1)   The Secretary of State must make regulations setting out an
objective for addressing the situation of persons in England who
live in fuel poverty.

(2)   The regulations must specify a target date for achieving the
objective.

(3)   Regulations under this section must be made by statutory
instrument; and a statutory instrument containing such regulations
may not be made unless a draft of the instrument has been laid
before and approved by a resolution of each House of Parliament.

(4)   The Secretary of State must lay a draft of the instrument before each
House of Parliament within 6 months of the day on which section (Fuel Poverty) of the Energy Act 2013 comes into force.

“1B Strategy relating to fuel poverty: England

(1)   The Secretary of State must prepare and publish a strategy setting
out the Secretary of State’s policies for achieving the objective set
out in regulations under section 1A by the target date specified in
the regulations.

(2)   The strategy must be published within 6 months of the day on
which the first regulations under section 1A come into force.

(3)   The strategy must—

(a)   describe the households to which it applies,

(b)   specify a comprehensive package of measures for achieving
the objective by the target date, and

(c)   specify interim objectives to be achieved and target dates for
achieving them.

(4)   The Secretary of State must take such steps as are in the Secretary of
State’s opinion necessary to implement the strategy.

(5)   The Secretary of State must—

(a)   from time to time assess the impact of steps taken under
subsection (4) and the progress made in achieving the
objectives and meeting the target dates,

(b)   make any revision of the strategy which the Secretary of
State thinks appropriate in consequence of the assessment,

(c)   from time to time publish reports on such assessments.

(6)   If—

(a)   further regulations under section 1A are made revising an
objective or the target date for achieving it, and

(b)   the Secretary of State considers that changes to the strategy
are necessary or desirable as a result of those regulations,

the Secretary of State must revise the strategy within 6 months of
the day on which those regulations come into force.

(7)   If the Secretary of State revises the strategy, the Secretary of State
must publish the strategy as revised.

(8)   In preparing the strategy or any revision of the strategy, the
Secretary of State must consult—

(a)   local authorities or associations of local authorities,

(b)   persons appearing to the Secretary of State to represent the
interests of persons living in fuel poverty,

(c)   the Gas and Electricity Markets Authority, and

(d)   such other persons as the Secretary of State thinks fit.”

(3)   In section 2—

(a)   in the title, after “” insert “”;

poverty : Wales

(b)   in subsection (1), after “strategy” insert “as respects Wales”;

(c)   in subsection (2)(d), omit “England or”;

(d)   in subsection (8)—

(i)   in the definition of “the appropriate authority”, omit
paragraph (a), and

(ii)   in the definition of “the relevant commencement”, omit
paragraph (a).”

BARONESS FINLAY OF LLANDAFF

51

Insert the following new Clause—

“Carbon monoxide detection

(1)   The Secretary of State shall make regulations to provide that any person
who undertakes work on a carbon burning appliance within a property
shall ensure that—

(a)   the premises is equipped with an appropriate carbon monoxide
alarm, or

(b)   in the absence of such an alarm system, the occupier or a person
acting on behalf of the occupier is advised of the requirement to
install such a system.

(2)   The Secretary of State shall make regulations that any person replacing or
installing energy efficiency measures which alter the air tightness of a
building, where a fuel burning appliance is situated, shall ensure that—

(a)   the premises is equipped with an appropriate carbon monoxide
alarm, or

(b)   in the absence of such an alarm the occupier or a person acting on
behalf of the occupier is advised of the requirement to install such
a device.

(3)   The Secretary of State shall make regulations to provide that—

(a)   no person shall replace or install a meter or a smart meter in any
premises unless he is equipped with a personal alarm monitor for
detecting carbon monoxide gas;

(b)   where a person replaces or installs a meter or a smart meter he shall
ensure that—

(i)   the premises is equipped with an appropriate carbon
monoxide alarm, or

(ii)   in the absence of such an alarm the occupier or a person
acting on behalf of the occupier is advised of the
requirement to install such a device.

(4)   The Secretary of State may by regulations amend the Gas Safety
(Installation and Use) Regulations 1988, to ensure—

(a)   the premises is fitted with an appropriate carbon monoxide alarm
where any carbon burning appliance is in situ,

(b)   at intervals of not more than 12 months check that alarm system to
ensure it is fully functional,

(c)   its power source is in good order for a further 12 months, and

(d)   proof of purchase of any alarm is retained for the period of that
alarm’s lifetime, as specified in the manufacturer’s instructions.”

LORD WHITTY

51ZA

Insert the following new Clause—

“Collective redress

Within twelve months of this Act coming into force, the Secretary of State
shall bring forward regulations providing for forms of collective redress for
consumers of gas and electricity.”

51ZB

Insert the following new Clause—

A

Energy company obligation

Energy company obligations

Subject to the review provided for in section (Energy company obligations
review
) the provisions related to the energy company obligation shall in
principle be extended to 2019.”

51ZC

Insert the following new Clause—

“Energy company obligations: review

(1)   Within six months of this Act coming into force, the Secretary of State and
the Authority shall conduct a review of the administration of the energy
company obligation and the brokerage system under the Energy Act 2011
and the Electricity and Gas (Energy Companies Obligation) Order 2012 and
the effect on household energy efficiency and fuel poverty and in
conducting the review consultations should be held with at least the
following—

(a)   energy supply licence holders,

(b)   relevant consumer bodies and those representing particular groups
of consumers,

(c)   companies in the installation and energy efficiency sectors,

(d)   organisations representing workers in the installation and energy
efficiency sectors,

(e)   such other persons as the Secretary of State considers it appropriate
to consult.

(2)   The review shall be completed within twelve months of this Act coming
into force.”

51ZD

Insert the following new Clause—

“Energy company obligations: boilers

The Secretary of State shall introduce regulations to provide that as part of
the energy company obligation—

(a)   energy licence holders should as far as practicable identify those of
their consumers who are operating boilers for heating purposes
that are energy rated at below an E rating,

(b)   in respect of their consumers who are identified under paragraph
(a) and who qualify by dint of at least one person in the household
being in receipt of benefits identified in Schedule 15, and energy
licence holders shall offer to replace those boilers with boilers rated
A or above free of charge to count against the licence holders’
energy company obligation.”

Schedule 14

LORD WHITTY

51ZE

Page 202, line 30, leave out “5” and insert “15”

BARONESS WORTHINGTON

LORD GRANTCHESTER

LORD WHITTY

51ZEA*

Page 204, leave out lines 35 to 37

51ZEB*

Page 204, line 44, at end insert “unless one or more consumers have suffered loss
or damage greater than this value”

51ZEC*

Page 205, line 6, at end insert “unless one or more consumers have suffered loss or
damage greater than this value”

LORD WHITTY

51ZF

Page 209, line 12, leave out “5” and insert “15”

BARONESS WORTHINGTON

LORD GRANTCHESTER

LORD WHITTY

51ZFA*

Page 211, leave out lines 17 to 19

51ZFB*

Page 211, line 26, at end insert “unless one or more consumers have suffered loss
or damage greater than this value”

51ZFC*

Page 211, line 32, at end insert “unless one or more consumers have suffered loss
or damage greater than this value”

After Schedule 14

LORD WHITTY

51ZG

Insert the following new Schedule—

SCHEDULE

BENEFITS

Relevant benefits

1 This Schedule sets out relevant benefits for the purposes of section
().

Energy company obligations: boilers

2 Those automatically qualifying under section ()—

Energy company
obligations: boilers

(a)   pension Credit,

(b)   child Tax Credit where total household income is less than
£16,000.

3 Those who qualify under the following benefits with an additional
component—

 
Benefit

Additional component
 
Income support

Disabled child premium
 
Disability premium
 
Income based job seekers
allowance

Pension premium
 
Employment support
 
Income related employment
and support allowance

Child under 16
 
Child under 20 (in full time education but not
university)
 
 
Working tax credit

Over 60 years old
 
Receive disabled worker element
 
Receive severe disability element
 
Child under 16
 
Child under 20 (in full time education but not
University)”

Before Clause 133

BARONESS VERMA

51A

Insert the following new Clause—

“Feed-in tariffs: increase in maximum capacity of plant

In section 41 of the Energy Act 2008 (power to amend licence conditions etc:
feed-in tariffs), in subsection (4), in the definition of “specified maximum
capacity” for “5” substitute “10”.”

LORD HUNT OF CHESTERTON

VISCOUNT HANWORTH

51AA*

Insert the following new Clause—

“Energy information

(1)   The Secretary of State shall make adequate provision for the universal
availability of information to enable domestic energy consumers to make
effective decisions about their energy usage, including information relating
to—

(a)   installation;

(b)   running costs;

(c)   monitoring equipment.

(2)   Measures under subsection (1) should include physical demonstration and
comparison in collaboration with industry providers.”

Clause 134

BARONESS WORTHINGTON

LORD GRANTCHESTER

LORD WHITTY

 


The above-named Lords give notice of their intention to oppose the Question that
Clause 134 stand part of the Bill.

After Clause 136

LORD OXBURGH

LORD JENKIN OF RODING

LORD ROPER

LORD BROWNE OF MADINGLEY

51B

Insert the following new Clause—

“Long-term energy policy

Energy Investment Advisory Board

(1)   There shall be body corporate known as the Energy Investment Advisory
Board.

(2)   The role of the Board shall be—

(a)   to take a panoramic and long-term view of the country’s energy
needs and opportunities;

(b)   to provide Parliament and Ministers in the department responsible
for energy with advice in implementing Government policy
objectives for energy, that advice based on the continuity and
experience of its members.

(3)   The remit of the Board would include all energy matters including
generation, distribution, energy storage, inter-connectors, and new energy
sources and include implementation of the reformed energy market and
early recognition of unforeseen problems.

(4)   The Board should report annually to Parliament and the minutes of its
meeting should be published.

(5)   The Board should comprise four or five expert members appointed for
their experience in or knowledge of the energy industries with the relevant
Permanent Secretary in attendance; they should serve for staggered terms
of five or seven years; and the Secretary of State and Minister of State for
Energy may attend meetings of the Board at their discretion.”

LORD OXBURGH

LORD JENKIN OF RODING

LORD ROPER

51C

Insert the following new Clause—

Gas capacity

Power to make gas capacity regulations

(1)   The Secretary of State may by regulations make provision for the purpose
of providing capacity to meet the demands of consumers for the supply of
gas in Great Britain.

(2)   Regulations under this section are referred to in this Chapter as “gas
capacity regulations”.

(3)   In subsection (1) “providing capacity” means facilitating and promoting
the provision and use of gas storage infrastructure to secure the availability
of gas at prices which are lower and more stable insofar as is reasonably
practicable and mitigating the consequences of gas supply interruption.

(4)   The provision that may be made in gas capacity regulations includes, but
is not limited to, the provision described in this Chapter.”

LORD OXBURGH

LORD JENKIN OF RODING

51D

Insert the following new Clause—

“Enforcement and dispute resolution

(1)   Gas capacity regulations may make provision about the enforcement of
any obligation or requirement imposed by the regulations.

(2)   Provision in gas capacity regulations about enforcement or the resolution
of disputes may include provision conferring functions on any public body
or any other person.

(3)   Provision made by virtue of this section may include provision—

(a)   about powers to impose financial penalties;

(b)   for requirements under the gas capacity regulations to be
enforceable by the Authority as if they were relevant requirements
on a regulated person for the purposes of section 28 of the Gas Act
1986;

(c)   about reference to arbitration;

(d)   about appeals.”

51E

Insert the following new Clause—

“Licence modifications for the purposes connected with capacity regulations

(1)   The Secretary of State may, for any purpose related to provision that is
made by this Chapter, or any purpose for which provision may be made
under this Chapter, modify—

(a)   a condition of a particular licence under section 7 or 7A of the Gas
Act 1986 (licenses for gas transporters, gas shippers and suppliers);

(b)   the standard conditions incorporated in licences under those
provisions by virtue of section 8 of that Act;

(c)   a document maintained in accordance with the conditions of
licences under those provisions, or an agreement that gives effect to
a document so maintained.

(2)   A modification under this section may in particular include a
modification—

(a)   to provide for a new document to be prepared and maintained in
accordance with the conditions of a licence; and

(b)   to provide for an agreement to give effect to a document so
maintained.

(3)   Provision included in a licence, or in a document or agreement relating to
licences, by virtue of the modification power may in particular include
provision of any kind that may be included in gas capacity regulations.

(4)   Before making a modification under this section, the Secretary of State
must consult—

(a)   the holder of any licence being modified,

(b)   the Authority, and

(c)   such other persons as the Secretary of State considers it appropriate
to consult.

(5)   Subsection (4) may be satisfied by consultation before, as well as by
consultation after, the passing of this Act.”

51F

Insert the following new Clause—

“Amendment of enactments

The Secretary of State may by regulations, for the purpose of or in
connection with any provision made by or by virtue of this Chapter—

(a)   amend section 172 of the Energy Act 2004 (annual report on security
of energy supplies);

(b)   amend section 28 of and Schedule 4B to the Gas Act 1986
(enforcement of obligations of regulated persons);

(c)   make such provision amending, repealing or revoking any other
enactment as the Secretary of State considers appropriate in
consequence of provision made by or by virtue of this Chapter.”

51G

Insert the following new Clause—

“Principal objective and general duties

Sections 4AA to 4B of the Gas Act 1986 (principal objective and general
duties) apply in relation to functions of the Authority conferred by or by
virtue of this Chapter as they apply in relation to functions under Part 1 of
that Act.”

51H

Insert the following new Clause—

“Regulations under Chapter 2

(1)   Regulations under this Chapter may—

(a)   include incidental, supplementary and consequential provision;

(b)   make transitory or transitional provision or savings;

(c)   make different provision for different cases or circumstances or for
different purposes;

(d)   make provision subject to exceptions.

(2)   Before making any regulations under this Chapter, the Secretary of State
must consult—

(a)   the Authority,

(b)   any person who is a holder of a licence under section 7A of the Gas
Act 1986 (licensing of gas suppliers and shippers),

(c)   such other persons as the Secretary of State considers it appropriate
to consult.

(3)   Subsection (2) may be satisfied by consultation before, as well as
consultation after, the passing of this Act.

(4)   Regulations under this Chapter must be made by statutory instrument.

(5)   An instrument containing (whether alone or with other provision)—

(a)   the first set of gas capacity regulations;

(b)   regulations which make provision amending or repealing a
provision of an enactment contained in primary legislation, may
not be made unless a draft of the instrument has been laid before
and approved by a resolution of each House of Parliament.

(6)   A statutory instrument to which subsection (5) does not apply and
containing regulations under this Chapter is subject to annulment in
pursuance of a resolution of either House of Parliament.”

LORD TEVERSON

51J

Insert the following new Clause—

“PART 6A

GEOTHERMAL ENERGY

Licensing system

(1)   Within eighteen months of this Act coming into force, the Secretary of State
shall, after a period of consultation with industry, geological experts, the
devolved administrations, local authorities, energy producers and other
interested parties, put into place for the United Kingdom a licensing system
and supporting regulations for the exploitation of heat from deep
geothermal sources for both direct use and for the generation of electricity.

(2)   The licences shall relate to—

(a)   individual, geographically delineated areas of land; and

(b)   the heat held by rocks greater than 500 metres below the local
surface level.

(3)   The licences shall confer exclusive exploration and production rights for
the purpose of energy production to the licensee for that area, for a specific
period of time for both direct heat and electricity generation.

(4)   The Secretary of State shall put in place regulations governing the
allocation of licences and the conduct of holders of licences.

(5)   The Secretary of State shall undertake the first round of allocations within
six months of the licensing system being put in place.

(6)   Any organisation already in possession of—

(a)   a water abstraction licence for the purpose of developing deep
geothermal energy resources;

(b)   planning permission for the development of deep geothermal
energy resources,

at the time the licensing regime comes into force, shall be entitled to
preferential bidding rights to that licence area and any licence fee or other
consideration for that licence area as a part of the licensing regime will then
be determined by arbitration under rules determined by the Secretary of
State reflecting the fees or other consideration paid for licences deemed to
have similar potential.

(7)   The holding of a licence for the exploration or exploitation (or both) of deep
geothermal heat shall not convey any automatic rights to planning
permission for surface development or surface access.”

Clause 47

LORD TEVERSON

BARONESS MADDOCK

51K

Page 47, line 30, at end insert—

“( )   for determining how the duty imposed by subsection (1) should
apply to CO emissions associated with the lifecycle of production
and use of biomass fuels in all generating stations”

2

Schedule 4

LORD TEVERSON

BARONESS MADDOCK

51L

Page 125, line 3, at end insert—

“( )   conversion to biomass burning at the generating station is
undertaken”

Clause 5

LORD JENKIN OF RODING

LORD ROPER

52

Page 5, line 9, at end insert—

“(f)   the desirability of promoting effective competition between
persons engaged in, or in commercial activities connected with, the
generation, transmission, distribution or supply of electricity or the
provision or use of electricity interconnectors, wherever
appropriate.”

After Clause 5

LORD BERKELEY

53

Insert the following new Clause—

“Divestment of retail business

(1)   Any electricity generator which also supplies electricity to either domestic,
commercial or industrial users shall, within two years of this Act coming
into force, divest itself of its supplier business so that—

(a)   an electricity generator shall have no financial interest in, or
exercise any right over, a supplier of electricity or gas;

(b)   a supplier of electricity or gas shall have no financial interest in, or
exercise any right over, an electricity generator;

(c)   no person may hold a directorship of an electricity generator and a
supplier of electricity or gas concurrently,

and any contracts entered into between any of the divesting parties shall
cease to have effect when this section comes into effect.

(2)   Generators which have a direct contract to supply the majority of their
output to a defined site through a private transmission scheme are exempt
from this section.”

Clause 33

LORD JENKIN OF RODING

LORD ROPER

54

Page 20, line 3, after “to” insert “the respective”

55

Page 20, line 3, after “Authority” insert “and the Secretary of State”

Clause 9

LORD BERKELEY

55A

Page 7, line 29, at end insert—

“(4)   Regulations must set the duration of support provided by CFDs to
renewable technologies at a minimum of 25 years.”

After Clause 53

LORD CAMERON OF DILLINGTON

55B

Insert the following new Clause—

“Domestic microhydro power

(1)   Domestically based microhydro power shall be exempt from non-domestic
rates.

(2)   For the purposes of the section “domestically based microhydro power” is
a single plant located within the curtelege of an owner or owner’s
residential property with a plant capacity of up to and including 1250 kW.”

After Clause 55

LORD TEVERSON

55C*

Insert the following new Clause—

“Reduction of landfilling of organic waste

The Secretary of State must, as soon as reasonably practicable, set out a plan
and timeframe for the reduction and eventual elimination of landfilling of
organic waste in order to make it available for 100% renewable energy
generation, and other appropriate uses consistent with the waste hierarchy
as defined in the Waste (England and Wales) Regulations 2011.”

Clause 140

BARONESS VERMA

56

Page 108, line 20, at end insert—

“( )   Part 1 (decarbonisation);”

56A

Page 108, line 30, at end insert—

“( )   Section (Fuel poverty) extends to England and Wales only.”

Clause 141

BARONESS VERMA

57

Page 109, line 18, at end insert—

“( )   section (Feed-in tariffs: increase in maximum capacity of plant) (feed-in
tariffs: increase in maximum capacity of plant);”

58

Page 109, line 18, at end insert—

“( )   section (Fuel poverty) (fuel poverty);”

Prepared 10th July 2013