Session 2014-15
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Infrastructure Bill [HL]
marshalled
list of Amendments
to be moved
in grand committee
The amendments have been marshalled in accordance with the Instruction of 25th June 2014, as follows—
| Clause 26 Schedule 5 | Clauses 27 to 32 |
[Amendments marked * are new or have been altered]
Before Clause 26
LORD WHITTY
LORD JUDD
Insert the following new Clause—
The National Infrastructure Plan shall be altered to include investment in
measures in the domestic and commercial sectors delivering reductions in
energy use through increased energy efficiency and investment in such
areas shall be subject to the same criteria as other items for inclusion in the
Plan.”
LORD WHITTY
Insert the following new Clause—
(1) The Secretary of State must ensure that any document, plan, policy or
report published for the purpose of setting out the Government’s strategy
for meeting the infrastructure needs of the economy includes the
Government’s proposals for how both existing and new infrastructure,
including housing, can be made energy efficient.
(2) In fulfilling his duty in subsection (1), the Secretary of State must pay
particular regard to ensuring that the energy efficiency proposals—
(a) are compatible with any carbon budgets set under the Climate
Change Act 2008;
(b) taken as a whole, will reduce fuel poverty; and
(c) are considered alongside any proposals contained in the document
for generating or extracting energy.”
Clause 26
LORD MCKENZIE OF LUTON
BARONESS WORTHINGTON
Page 26, line 7, leave out “renewable”
LORD DAVIES OF OLDHAM
BARONESS WORTHINGTON
Page 26, line 27, at end insert—
“( ) action that can be taken by communities to reduce carbon emissions
and save money through managing the demand for energy”
Schedule 5
LORD DAVIES OF OLDHAM
BARONESS WORTHINGTON
Page 75, line 37, at end insert “which shall include offshore renewable projects”
Page 76, line 18, leave out sub-paragraph (4)
Page 77, line 18, leave out paragraph (a)
Page 78, line 4, at end insert—
“( ) Regulations made under this paragraph must provide that charities are
included amongst the groups who may exercise the right to buy.”
Page 79, line 17, leave out sub-paragraph (3)
LORD TEVERSON
Page 79, line 17, leave out “exceed 5%” and insert “be less than 5% and must not
exceed 25%”
After Schedule 5
BARONESS KRAMER
Insert the following new Schedule—
“SCHEDULE
THE LICENSING LEVY
The amount of the levy
1 Regulations may provide for the licensing levy payable in respect of a
charging period to increase or decrease over that period.
Basis of amount
2 Regulations may provide for an amount of licensing levy payable by a
licence holder to be calculated by reference to the size of an area to which
an energy industry licence held by that person relates.
Amounts payable by different categories of licence holders
3 Regulations may provide for different categories of licence holders to
pay—
(a) different amounts of licensing levy, or
(b) amounts of licensing levy calculated, set or determined in
different ways.
Exemptions
4 Regulations may provide for a category of licence holder to be exempt
from payment of the licensing levy.
Unpaid levy
5 (1) Regulations may provide for interest (at a rate specified in, or
determined under, the regulations) to be charged in respect of unpaid
amounts of licensing levy.
(2) Regulations may provide for unpaid amounts of licensing levy (together
with any interest charged) to be recoverable as a civil debt.
Conferral of functions
6 Regulations may confer a function (including a function involving the
exercise of a discretion) on—
(a) the Secretary of State, or
(b) any other person, apart from the Scottish Ministers or the Welsh
Ministers.
Categories of licence holders
7 (1) Regulations (including regulations of the kinds mentioned in
paragraphs 3 and 4) may provide for a category of licence holder to
consist of persons who hold a kind of energy industry licence specified
in the regulations.
(2) The regulations may (in particular) specify any of the following kinds of
energy industry licence—
(a) licences granted under a particular enactment;
(b) licences of a particular description granted under a particular
enactment;
(c) licences, or licences of a particular description (including a
description falling within paragraph (a) or (b)), granted—
(i) before a particular time,
(ii) after a particular time, or
(iii) during a particular period.
Interpretation
8 In this Schedule—
“energy industry licence” means a licence falling within section
(Levy on holders of certain energy licences)(1);
“licence holder” means a person who holds an energy industry
licence (whether the person was granted it or has, after its grant,
acquired it by assignment or other means);
“regulations” means regulations under section (Levy on holders of
certain energy licences)(1).”
After Clause 27
BARONESS KRAMER
Insert the following new Clause—
After section 8 of the Commissioners for Revenue and Customs Act 2005
insert—
(1) The Commissioners may do anything which they think necessary
or expedient in connection with the Extractive Industries
Transparency Initiative in so far as it relates to taxes the collection
and management of which is the responsibility of the
Commissioners.
(2) In this section “the Extractive Industries Transparency Initiative”
means the international initiative of that name which has the aim of
promoting openness in the management of revenues from natural
resources.””
Insert the following new Clause—
After section 9 of the Petroleum Act 1998 insert—
“PART 1A
MAXIMISING ECONOMIC RECOVERY OF UK PETROLEUM
(1) In this Part the “principal objective” is the objective of maximising
the economic recovery of UK petroleum, in particular through—
(a) development, construction, deployment and use of
equipment used in the petroleum industry (including
12upstream petroleum infrastructure), and
(b) collaboration among the following persons—
(i) holders of petroleum licences;
(ii) operators under petroleum licences;
(iii) owners of upstream petroleum infrastructure;
(iv) persons planning and carrying out the
commissioning of upstream petroleum
infrastructure.
(2) The Secretary of State must produce one or more strategies for
enabling the principal objective to be met.
(3) A strategy may relate to matters other than those mentioned in
subsection (1)(a) and (b).
(4) A strategy may not impose an obligation which relates to the
powers of a person to make commercial arrangements unless—
(a) the strategy imposes the obligation on relevant participants
in the petroleum industry, and
(b) the Secretary of State considers that the obligation will—
(i) stop commercial arrangements made by those
relevant participants, or associates of those relevant
participants, from having a significant adverse effect
on the principal objective, or
(ii) reduce the extent to which such arrangements have
such an effect.
(5) In this section—
“associate” has the meaning given in section 91 of the Energy
Act 2011;
“relevant participant in the petroleum industry” means—
(a) the holder of a petroleum licence,
(b) an operator under a petroleum licence, or
(c) an owner of upstream petroleum infrastructure.
(6) For provision about producing and revising a strategy, see sections
9F and 9G.
The Secretary of State must act in accordance with the current
strategy or strategies when—
(a) exercising functions under the other Parts of this Act (except
Part 4),
(b) exercising functions under Part 4 to the extent that they
concern reduction of the costs of abandonment of offshore
installations and submarine pipelines,
(c) exercising functions under Chapter 3 of Part 2 of the Energy
Act 2011 (upstream petroleum infrastructure),
(d) exercising any function or using any power under a
petroleum licence, and
(e) exercising any other function or using any power—
(i) to provide advice or assistance to another person, or
(ii) to acquire, use or supply information,
for the purpose of enabling the principal objective to be met.
(1) A person who is the holder of a petroleum licence must act in
accordance with the current strategy or strategies when—
(a) planning and carrying out activities as the licence holder,
and
(b) making commercial arrangements which relate to the
person’s activities as the licence holder (in so far as this does
not fall within paragraph (a)).
(2) A person who is an operator under a petroleum licence must act in
accordance with the current strategy or strategies when—
(a) planning and carrying out activities as the operator under
the licence, and
(b) making commercial arrangements which relate to the
person’s activities as the operator under the licence (in so far
as this does not fall within paragraph (a)).
(3) A person who is the owner of upstream petroleum infrastructure
must act in accordance with the current strategy or strategies
when—
(a) planning and carrying out the person’s activities as the
owner of upstream petroleum infrastructure (including the
development, construction, deployment and use of the
infrastructure), and
(b) making commercial arrangements which relate to the
person’s activities as the owner of upstream petroleum
infrastructure (in so far as this does not fall within
paragraph (a)).
(4) A person must act in accordance with the current strategy or
strategies when planning and carrying out the commissioning of
upstream petroleum infrastructure.
(1) As soon as practicable after the end of each reporting period, the
Secretary of State must—
(a) consider the extent to which, during that period, these
persons have followed section 9C by acting in accordance
with the current strategy or strategies—
(i) licence holders,
(ii) operators under petroleum licences,
(iii) owners of upstream petroleum infrastructure, and
(iv) persons planning and carrying out the
commissioning of upstream petroleum
infrastructure; and
(b) produce a report on the results of the consideration of that
question.
(2) The report may contain other material, including a statement of
action which the Secretary of State has taken, or is proposing to
take, in response to any matter included in the report (including
changes to a strategy).
(3) The Secretary of State must publish, and lay before each House of
Parliament, a copy of each report produced under this section.
(4) In this section “reporting period” means—
(a) the period of two years beginning with the day when this
section comes into force, and
(b) each subsequent period of one year beginning with the day
after the end of a previous reporting period.
(1) This Part does not limit the exercise of the Secretary of State’s
security and resilience functions.
(2) This Part is subject to the exercise of the security and resilience
functions by the Secretary of State.
(3) In this section “security and resilience function” means any
function which relates to—
(a) the security of petroleum supplies, or
(b) the resilience of the petroleum industry.
(1) The Secretary of State must produce the first strategy before the end
of the period of one year beginning with the day on which this
126section comes into force.
(2) The Secretary of State may subsequently—
(a) produce a new strategy, or
(b) revise a current strategy,
whenever the Secretary of State thinks appropriate.
(3) The Secretary of State must review each current strategy before the
end of each relevant four year period.
(4) In reviewing a current strategy, the Secretary of State must (in
particular) take account of the results of any consideration
undertaken under section 9D in respect of reporting periods falling
within the relevant four year period.
(5) In this section “relevant four year period”, in relation to a current
strategy, means a period of four years beginning with—
(a) the date on which the strategy was issued, or
(b) if later, the date on which the last review under subsection
(3) was concluded.
(1) Before—
(a) producing the first strategy,
(b) producing a new strategy, or
(c) revising a current strategy,
the Secretary of State must prepare a draft of the strategy or revised
strategy.
(2) The Secretary of State must—
(a) consult such persons as the Secretary of State thinks
151appropriate about the draft, and
(b) consider any representations made by them.
(3) If, after complying with that duty, the Secretary of State decides to
proceed with the draft (in its original form or with modifications),
the Secretary of State must lay a copy of the draft before each House
of Parliament.
(4) The Secretary of State may not take any further steps in relation to
the draft if, within the 40 day period, either House resolves not to
approve the draft (a “negative resolution”).
(5) If neither House passes a negative resolution, the Secretary of State
may issue the strategy or revised strategy in the form laid before
Parliament.
(6) The strategy or revised strategy comes into force on the date
specified by the Secretary of State (which must not be before the
date when it is issued).
(7) Subsection (4) does not prevent a new draft of a strategy or revised
strategy from being laid before Parliament.
(8) In this section “40 day period”, in relation to the draft of a strategy
or revised strategy, means the period of 40 days beginning with the
day on which the draft is laid before Parliament (or if the draft is not
laid before each House on the same day, the later of the 2 days on
which it is laid).
(9) 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 four days.
(1) In this Part “upstream petroleum infrastructure” means—
(a) a gas processing facility,
(b) an oil processing facility, or
(c) an upstream petroleum pipeline,
if and in so far as it meets conditions A and B.
(2) A facility or pipeline meets condition A if and in so far as it is
situated in Great Britain or relevant UK waters.
(3) A facility or pipeline meets condition B if and in so far as it is used
in relation to UK petroleum (including such petroleum after it has
been got).
(4) But an upstream petroleum pipeline is not “upstream petroleum
infrastructure” if it is a pipeline to which section 17GA applies
(petroleum pipelines subject to Norwegian access system).
(5) In this section, the following expressions have the same meanings
as in Chapter 3 of Part 2 of the Energy Act 2011 (see section 90 of
that Act)—
(a) “gas processing facility”;
(b) “oil processing facility”;
(c) “upstream petroleum pipeline”.
(6) In this Part, “owner”, in relation to upstream petroleum
infrastructure, means—
(a) a person in whom the pipeline or facility is vested;
(b) a lessee and any person occupying or controlling the
pipeline or facility; and
(c) a person who has the right to have things conveyed by the
pipeline or processed by the facility.
In this Part—
“current strategy”, in relation to any particular time, means a
strategy under section 9A(2) in force at that time;
“operator under a petroleum licence” means a person who is
responsible for organising or supervising any of the
operations of searching for, boring for, or getting UK
petroleum in pursuance of the petroleum licence;
“owner”, in relation to upstream petroleum infrastructure, has
the meaning given in section 9H;
“petroleum” has meaning given in section 1;
“petroleum licence” means a licence granted under—
(a) section 3 of this Act, or
(b) section 2 of the Petroleum (Production) Act 1934;
“principal objective” has the meaning given in section 9A;
“relevant UK waters” means—
(a) the territorial sea adjacent to the United Kingdom,
and
(b) the sea in any area designated under section 1(7) of
the Continental Shelf Act 1964;
“UK petroleum” means petroleum which for the time being
exists in its natural condition in strata beneath relevant UK
waters;
“upstream petroleum infrastructure” has the meaning given in
section 9H.””
LORD MCKENZIE OF LUTON
BARONESS WORTHINGTON
[As amendments to Amendment 95ZA]
Line 11, at end insert—
“( ) the exploration and development of enhanced oil recovery,
( ) the co-ordination and development of enhanced oil
recovery projects,
( ) the establishment of a strategic vision for the permanent
storage of carbon dioxide in depleted fields,
( ) the co-ordination of the transportation and storage of
carbon dioxide”
Line 125, at end insert—
“ The strategy must ensure that the United Kingdom meets its
climate change commitments as specified in section 1(1) of the
Climate Change Act 2008 (carbon target and budgeting).”
Line 125, at end insert—
“ The regulator must—
(a) publish annually its objectives and the success criteria by
which its effectiveness will be judged,
(b) attend operating and technical management committee
meetings,
(c) compel data from licence holders on production, asset
stewardship, recovery efficiency, and seismic activity, and
(d) co-operate with PILOT.”
Line 150, after “draft” insert “including the Committee on Climate Change”
BARONESS KRAMER
Insert the following new Clause—
(1) The Secretary of State may, by regulations, provide for a levy to be imposed
on, and be payable by, one or more of the following kinds of persons—
(a) persons who hold licences under section 2 of the Petroleum
(Production) Act 1934 or licences under section 3 of the Petroleum
Act 1998 (exploitation of petroleum);
(b) persons who hold licences under section 4 of the Energy Act 2008
(unloading and storing gas);
(c) persons who hold licences under section 18 of the Energy Act 2008
granted by the Secretary of State (storage of carbon dioxide).
(2) No licensing levy is to be imposed in respect of a time which falls after the
end of the period of 3 years beginning with the first day of the first charging
period.
(3) The Secretary of State must exercise the power conferred by subsection (1)
so as to secure—
(a) that the total amount of licensing levy which is payable in respect
of a charging period does not exceed the costs incurred by the
Secretary of State in exercising the relevant functions in respect of
that period; and
(b) that no levy is payable in respect of costs incurred in any exercise of
relevant functions for which a charge is payable under the Gas and
Petroleum (Consents) Charges Regulations 2013 (as those
24Regulations stand when this section comes into force).
(4) In determining for the purposes of subsection (3)(a) the total amount of
licensing levy payable in respect of a charging period, an amount of levy
payable in respect of that period may be ignored if (during that period or
subsequently)—
(a) having been paid, it is repaid or credit for it is given against other
licensing levy that is payable; or
(b) having not been paid, the requirement to pay it is cancelled.
(5) The “relevant functions” referred to in subsection (3) are—
(a) functions under the following enactments—
(i) the Pipe-lines Act 1962 (cross-country pipe-lines);
(ii) section 3 and the other provisions of Part 1 of the Petroleum
Act 1998 (exploitation of petroleum);
(iii) Part 1A of the Petroleum Act 1998 (maximising economic
recovery of UK petroleum);
(iv) Part 3 of the Petroleum Act 1998 (submarine pipelines);
(v) Part 4 of the Petroleum Act 1998, in so far as the functions
concern reduction of the costs of abandonment of offshore
installations and submarine pipelines;
(vi) section 4 and the other provisions of Chapter 2 of Part 1 of
the Energy Act 2008 (importation and storage of
combustible gas);
(vii) section 18 and the other provisions of Chapter 3 of Part 1 of
the Energy Act 2008 (storage of carbon dioxide);
(viii) Chapter 3 of Part 2 of the Energy Act 2011 (upstream
petroleum infrastructure);
(b) carrying out policy work on matters relating to UK petroleum and
its recovery;
(c) providing advice and assistance to the petroleum industry on
matters relating to UK petroleum and its recovery;
(d) collaborating with the petroleum industry on matters relating to
UK petroleum and its recovery;
(e) acquiring, using and supplying information on matters relating to
UK petroleum and its recovery;
(f) encouraging development of the petroleum industry in relation to
the recovery of UK petroleum;
(g) carrying out, or providing advice and assistance to those carrying
out, research and development in relation to technology and
products relevant to the recovery of UK petroleum;
(h) functions which relate to—
(i) the security of petroleum supplies, or
(ii) the resilience of the petroleum industry;
(i) international co-operation on matters relating to UK petroleum and
its recovery, including—
(i) resolution of disputes relating to the entitlements of
different countries in relation to petroleum fields, and
(ii) openness and accountability in the management of natural
resources.
(6) The matters relating to UK petroleum and its recovery which fall within
paragraphs (b), (c), (d) and (e) of subsection (5) include—
(a) maximising the economic recovery of UK petroleum, and
(b) improving the supply chain of UK petroleum.
(7) The amount or amounts of licensing levy payable by licence holders must
be—
(a) set out in the regulations, or
(b) calculated in accordance with a method set out in the regulations.
(8) The licensing levy is payable to the Secretary of State.
(9) Schedule (The licensing levy) (the licensing levy) has effect.
(10) Schedule (The licensing levy) does not limit the provision that may be made
by regulations under this section.
(11) The Secretary of State may, by regulations, amend subsection (3)(b) by
adding, removing or amending a reference to any regulations made under
section 188 of the Energy Act 2004.
(12) In this section and Schedule (The licensing levy)—
“charging period” means a period in respect of which licensing levy is
payable;
“licensing levy” means the levy provided for in regulations under this
section;
“UK petroleum” means petroleum (within the meaning given in
section 1 of the Petroleum Act 1998) which for the time being exists
in its natural condition in strata beneath—
(a) the territorial sea adjacent to the United Kingdom, and
(b) the sea in any area designated under section 1(7) of the
Continental Shelf Act 1964.”
LORD MCKENZIE OF LUTON
BARONESS WORTHINGTON
[As an amendment to Amendment 95ZB]
Line 24, at end insert—
“ No later than 6 months after this Act is passed the Secretary of State shall
publish a report, containing details of when the total amount of licensing
levy which is payable in respect of a charging period will be not less than
the costs incurred by the Secretary of State in exercising the relevant
functions in respect of that period.”
Clause 28
BARONESS KRAMER
Page 28, line 23, leave out “this Part” and insert “sections 26, 27, (Maximising
economic recovery of UK petroleum) and (Levy on holders of certain energy licences and
Schedules 5 and (The Licensing Levy)”
LORD DAVIES OF OLDHAM
LORD MCKENZIE OF LUTON
Page 28, line 24, leave out from “repeal” to end of line 25 and insert “or revoke any
enactment”
BARONESS KRAMER
Page 28, leave out line 25 and insert “the application of any enactment (but, in the
case of an Act, only if the Act was passed before the end of the Session in which
this Act is passed).”
After Clause 28
LORD BERKELEY
LORD BRADSHAW
Insert the following new Clause—
“PART 4A
LEVEL CROSSINGS
Within 12 months of the day on which this Act is passed, Her Majesty’s
Government shall introduce into Parliament a bill to give effect to the
recommendations of the Law Commission and the Scottish Law
Commission on level crossings (Cm 8711), and which is substantially based
on the draft Level Crossings Bill prepared by the Law Commission and the
Scottish Law Commission.”
LORD JENKIN OF RODING
Insert the following new Clause—
“PART 4A
IMPACT OF INFRASTRUCTURE SPENDING ON COSTS FOR CONSUMERS
(1) The Treasury may by regulations make provision for the regulators to
provide data, in a manner prescribed by the regulations, about the
anticipated impact of infrastructure spending on the cost of products for
consumers.
(2) Regulations made under subsection (1) may prescribe—
(a) the type of infrastructure spending about which data must be
provided;
(b) the nature of the data to be provided;
(c) the methodology for collating and manipulating the data, including
assumptions that should be made;
(d) the form in which the data should be presented;
(e) the persons that should receive a copy of the data.
(3) The regulations may make different provision for different regulators
where necessary.
(4) The Treasury must scrutinise data provided under subsection (1) and
assess—
(a) the cumulative impact of infrastructure spending on the cost of
products for consumers;
(b) the affordability of any anticipated increases in the cost of products
for consumers, taking into account factors other than infrastructure
spending that are also likely significantly to impact the cost of
products; and
(c) differences in affordability between different groups of consumers,
if any.
(5) The Treasury must publish data provided under subsection (1) and the
assessment made under subsection (4) in such manner as it reasonably
deems appropriate.
(6) The Treasury must take into account the assessment in subsection (4) in
making decisions about the extent, prioritisation or timing of infrastructure
spending.
(7) In this section—
(a) “consumer” means any business, individual or household of
individuals that purchases a product or products;
(b) “product” means a good or service the provision of which is
regulated by a regulator;
(c) “a regulator” means any of—
(i) the Northern Ireland Authority for Utility Regulation;
(ii) the Office of Communications;
(iii) the Office of Gas and Electricity Markets;
(iv) the Office of Rail Regulation;
(v) the Water Industry Commission for Scotland; and
(vi) the Water Services Regulation Authority,
and “the regulators” means all of them.”
Clause 29
BARONESS KRAMER
Page 28, line 35, after “26” insert “or (Levy on holders of certain energy licences)(11)”
Page 28, line 36, leave out “amend or repeal” and insert “amend, repeal or modify
the application of”
Clause 30
BARONESS KRAMER
Page 29, line 18, leave out “, 13 and 14” and insert “and 13 to 15”
Page 29, line 29, leave out subsection (4) and insert—
“(4) In Part 4 (energy)—
(a) sections 26, 27, (Maximising economic recovery of UK petroleum), (Levy
on holders of certain energy licences) and 28 and Schedules 5 and (The
Licensing Levy) extend to England and Wales and Scotland, and
(b) section (The Extractive Industries Transparency Initiative) extends to
England and Wales, Scotland and Northern Ireland.”
[Withdrawn]
Clause 31
BARONESS KRAMER
Page 30, line 9, leave out “and 25” and insert “, 25 and (Provision in building
regulations for off-site carbon abatement measures)”
Page 30, line 14, leave out subsection (5) and insert—
“(5) In Part 4 (energy)—
(a) sections 26, 27 and (The Extractive Industries Transparency Initiative)
and Schedule 5 come into force at the end of the period of two
months beginning with the day on which this Act is passed,
(b) sections (Maximising economic recovery of UK petroleum) and (Levy on
holders of certain energy licences) and Schedule (The licensing levy)
come into force on such day as the Secretary of State appoints by
regulations, and
(c) section 28 comes into force on the day on which this Act is passed.”
LORD JENKIN OF RODING
Page 30, line 14, leave out “months” and insert “years”
In the Title
BARONESS KRAMER
Line 9, after “charges;” insert “to make provision enabling building regulations to
provide for off-site carbon abatement measures;”
[Withdrawn]
Line 10, after “facilities;” insert “to make provision about maximising economic
recovery of petroleum in the United Kingdom; to provide for a levy to be charged
on holders of certain energy licences; to enable Her Majesty’s Revenue and
Customs to exercise functions in connection with the Extractive Industries
Transparency Initiative;”
LORD BERKELEY
LORD BRADSHAW
Line 10, after “facilities;” insert “to make provision about level crossings;”