Energy Bill

third
marshalled
list of Amendments
to be moved
on report

The amendments have been marshalled in accordance with the Order of 23rd October 2013, as follows—

Clauses 108 to 120
Schedule 13
Clauses 121 to 135
Schedule 14
Clauses 136 to 147

[Amendments marked * are new or have been altered]

Clause 122

LORD WHITTY

BARONESS WORTHINGTON

LORD GRANTCHESTER

92A*

Page 92, line 11, at end insert “including the strategy and objectives to be
designated in relation to fuel poverty under section 136 of this Act”

Clause 123

LORD WHITTY

BARONESS WORTHINGTON

LORD GRANTCHESTER

92B*

Page 92, line 33, at end insert “including the strategy and objectives to be
designated in relation to fuel poverty under section 136 of this Act”

LORD JUDD

LORD CARLILE OF BERRIEW

LORD GREAVES

93

Page 92, line 39, at end insert—

“( )   The Authority must demonstrate that it has complied with its general
environmental duties as stipulated in national and international
legislation.”

94

Page 92, line 39, at end insert—

“( )   The Secretary of State shall issue guidance on social and environmental
policies to which the Authority shall have regard in carrying out its
functions.”

Clause 125

LORD JUDD

LORD CARLILE OF BERRIEW

LORD GREAVES

95

Page 94, line 36, at end insert “and in accordance with any guidance issued under
this section”

96

Page 94, line 36, at end insert—

“( )   The Secretary of State must issue guidance about arrangements for wider
public engagement including consultation on social and environmental
matters.”

Clause 130

BARONESS MADDOCK

LORD ROPER

BARONESS VERMA

97

Page 100, line 16, at end insert—

“(ba)   require information to be provided in a form that is clear and easy
to understand;”

98

Page 100, line 18, leave out from “information” to “about” in line 23

99

Page 100, line 24, after “terms” insert “to be provided”

100

Page 100, line 24, at end insert—

“(c)   make provision about the way in which information is to be
provided, which may in particular require information to be
provided—

(i)   by means of a code or otherwise using a format readable by
an electronic device, or

(ii)   in a way which facilitates processing of the information by
means of an electronic device.”

BARONESS VERMA

101

Page 102, line 9, at end insert—

“(13)   A statutory instrument containing an order under subsection (10) is subject
to annulment in pursuance of an order of either House of Parliament.”

After Clause 130

LORD MARLESFORD

THE LORD BISHOP OF CHESTER

LORD FORSYTH OF DRUMLEAN

LORD CAMPBELL-SAVOURS

102

Insert the following new Clause—

“Transparency for consumers

The power under section 130 to modify energy supply licences may be
exercised so as to make provision requiring a licence holder to provide
information on a consumer bill that breaks down the total cost charged to
the consumer by showing each of—

(a)   the amount that goes to Government environmental levies or
programmes;

(b)   the amount that goes to administration costs;

(c)   the amount that goes to wholesale energy costs;

(d)   the amount for raw energy costs; and

(e)   any other categories of cost.”

Clause 131

BARONESS VERMA

103

Page 102, line 13, leave out paragraph (a)

104

Page 102, line 21, leave out subsections (3) and (4) and insert—

“(3A)    Before making modifications under section 130(1) the Secretary of State
must lay a draft of the modifications before Parliament.

(3B)   If, within the 40-day period, either House of Parliament resolves not to
approve the draft, the Secretary of State may not take any further steps in
relation to the proposed modifications.

(3C)   If no such resolution is made within that period, the Secretary of State may
make the modifications in the form of the draft.

(3D)   Subsection (3B) does not prevent a new draft of proposed modifications
being laid before Parliament.

(3E)   In this section “40-day period”, in relation to a draft of proposed
modifications, means the period of 40 days beginning with the day on
which the draft is laid before Parliament (or, if it is not laid before each
House of Parliament on the same day, the later of the 2 days on which it is
laid).

(3F)   For the purposes of calculating the 40-day period, no account is to be taken
of any period during which Parliament is dissolved or prorogued or during
which both Houses are adjourned for more than 4 days.

(3G)   The Secretary of State must publish details of any modifications made
under section 130(1) as soon as reasonably practicable after they are made.”

After Clause 132

BARONESS FINLAY OF LLANDAFF

104A*

Insert the following new Clause—

“Carbon monoxide detection

(1)   The Secretary of State may make regulations to ensure—

(a)   any particular class of residential premises is fitted with an
appropriate carbon monoxide alarm where any carbon fuel burning
appliance is in situ,

(b)   the supply, sale and fitting of a carbon monoxide alarm may be
undertaken by any registered carbon fuel burning appliance
engineer, smart meter installer or by local authority fire and rescue
service personnel.

(2)   Regulations under this section shall be contained in a statutory instrument
which shall be laid before Parliament and subject to annulment by
resolution of either House of Parliament.”

Clause 135

LORD WHITTY

BARONESS WORTHINGTON

LORD GRANTCHESTER

104B*

Page 104, line 5, at end insert—

“( )   Within six months of the coming into force of this section, the Secretary of
State shall, following consultation, propose regulations that provide for
collective redress by consumers of gas or electricity.”

Clause 136

LORD WHITTY

BARONESS WORTHINGTON

LORD GRANTCHESTER

104C*

Page 104, line 14, leave out “a target date for achieving the objective” and insert
“targets for 2020 and 2030 for achieving energy efficiency improvement of
dwellings of low income households and for the reduction of total numbers of the
fuel poor, leading to the eradication of fuel poverty.

“(2A)    The Secretary of State shall set further targets beyond 2030 in line
with the 2008 Climate Change Act to reduce greenhouse gas
emissions by 80 per cent by 2050.”

LORD O’NEILL OF CLACKMANNAN

104D*

Page 104, line 14, leave out “a target date for achieving the objective” and insert—

“(a)   that low income households must not live in a E, F or G-
rated house by 2020,

(b)   that low income households must not live in a D or C-rated
house by 2030,

(c)   that no fuel poor household should face a fuel poverty gap
that is 10 per cent higher than the median required fuel costs
for all households,

(d)   that the Secretary of State will set further targets beyond
2030 in line with the requirements of the 2008 Climate
Change Act to reduce green house gas emissions by 80 per
cent from the 1990 baseline.

( )   In this section—

(a)   “required fuel costs” refers to the expenditure on fuel a
household would need to spend to maintain adequate
warmth and meet their other energy needs;

(b)   “fuel poverty gap” refers to the difference between the
required fuel costs of a fuel poor household and the median
costs for all households and the higher the gap, the more
severe the fuel poverty experienced by a household;

(c)   “low income” refers to households with an income less than
60 per cent of the median.”

104E*

Page 104, line 38, leave out “from time to time” and insert “at least every two years”

104F*

Page 105, line 2, at end insert “if in his opinion the objectives are unlikely to be met
by the target dates, provided that any such revision does not lessen the objectives
or extend the target dates”

104G*

Page 105, leave out line 3 and insert—

“(c)   publish a report within six months of any such assessment”

LORD WHITTY

BARONESS WORTHINGTON

LORD GRANTCHESTER

104H*

Page 105, line 3, at end insert—

“( )   For the purposes of allowing a comparative assessment of progress
in addressing fuel poverty, assessments under this section must
include, until at least 2018, the extent of fuel poverty as measured
according to the definition set pursuant to the Warm Homes and
Energy Conservation Act 2000.

( )   Reports under subsection (5) shall also include an assessment by
the Secretary of State of the impact and projected impact of
implementation of the strategy on—

(a)   the mortality rates and health needs of persons living in fuel
poverty;

(b)   the cost of cold-related illness to the National Health Service
and wider economy;

(c)   the level of debt as a result of energy bills, and the number
of unpaid bills;

(d)   any change in the number of jobs created and supported as
a result of implementing the strategy; and

(e)   emissions of carbon dioxide and other greenhouse gases
from fuel poor households.”

LORD O’NEILL OF CLACKMANNAN

104J*

Page 105, line 3, at end insert—

“( )   Reports under subsection (5) must also include an assessment by
the Secretary of State of the impact and projected impact of
implementation of the strategy on—

(a)   the mortality and morbidity rates and health needs of
persons living in fuel poverty,

(b)   the cost of cold and fuel poverty related morbidity to the
National Health Service and wider economy,

(c)   the level of debt as a result of energy bills, and the number
of unpaid bills,

(d)   any change in the number of jobs created and supported as
a result of implementing the strategy,

(e)   emissions of carbon dioxide and other greenhouse gases
from fuel poor and low income households,

(f)   the average and aggregate fuel poverty gap faced by
households and persons living in fuel poverty, and

(g)   the number of children in fuel poverty.”

104K*

Page 105, line 3, at end insert—

“( )   For the purposes of allowing a comparative assessment of progress
in addressing fuel poverty, assessments under this section must
include until at least 2018, the extent of fuel poverty as measured
according to the definition set pursuant to the Warm Homes and
Energy Conservation Act 2000.”

After Clause 137

LORD CAMPBELL-SAVOURS

105

Insert the following new Clause—

“Rising block tariff energy supply scheme

(1)   The Secretary of State shall have regard to the desirability of establishing
specifications for the introduction of a rising block tariff scheme governing
electricity and gas prices and shall consult representatives of the gas and
electricity supply industries prior to the establishment of such regulations.

(2)   A rising block tariff system of energy pricing is one in which there is a basic
threshold price for electricity and gas and an additional percentage price
premium applicable to each block of units above that threshold.

(3)   A national standard for rising block tariffs shall cover the following
matters—

(a)   the number of units of gas or electricity to be provided by the
supplier of the basic threshold price annually;

(b)   the number of units comprised in each subsequent block of units;

(c)   the additional price premium payable per unit applicable to each
block;

(d)   the calculation for the purposes of setting the minimum number of
units to be applied at the basic threshold price quarterly;

(e)   the arrangements for the setting of standing charges.

(4)   Nothing in this Act permits the Secretary of State to determine the basic
threshold price of electricity where a rising block tariff is in force.

(5)   The Secretary of State shall report to Parliament on the operation of the
scheme within 12 months of the coming into force of this section.”

After Clause 141

LORD TEVERSON

LORD ROPER

106

Insert the following new Clause—

“Amendment of Electricity Act 1989: generating station and overhead line
development by non licence-holders

In Schedule 9 to Electricity Act 1989 (preservation of amenity and fisheries),
after paragraph 4 insert—

“4A    (1)   Sub-paragraph (2) applies where a person who is neither a
licence holder nor authorised by exemption to generate,
distribute, supply or participate in the transmission of electricity
applies for the consent of the Secretary of State under section 36
or 37 of this Act.

(2)   Paragraphs 1 and 3 above apply to the making and consideration
of the application as they apply to the making and consideration
of relevant proposals made by a person who is a licence holder or
so authorised by exemption.””

Clause 145

BARONESS VERMA

107

Page 113, line 1, leave out sub-paragraph (iv) and insert—

“( )   section 49 (transition to certificate purchase scheme);”

108

Page 113, line 6, at end insert—

“( )   Section (Closure of support under the renewables obligation)(4) extends to
Northern Ireland only.”

Clause 146

BARONESS VERMA

109

Page 113, line 32, leave out paragraph (c) and insert—

“( )   section 49 (transition to certificate purchase scheme);”

110

Page 114, line 7, at end insert—

“( )   section (Closure of support under the renewables obligation) (closure of
support under the renewables obligation);”

Prepared 5th November 2013