Energy Bill

Page 97, line 32, at end insert “in a clear and easily understood format”

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.”

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.”

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.”

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.”

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.”

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.”

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.”

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

Page 125, line 3, at end insert—

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