Infrastructure Bill [HL]

Amendments
to be moved
on report

Before Clause 1

LORD WHITTY

 

Insert the following new Clause—

“Duties of the Secretary of State

Duties of the Secretary of State shall include—

(a)   drawing up and granting of a licence to a Strategic Highways
Company as provided for in section 1, but this duty may be
delegated to the Office of Rail Regulation,

(b)   drawing up and presenting from time to time, and at least every
five years, to Parliament for approval a Roads Investment Strategy
as provided for in section 3,

(c)   issuing from time to time directions and guidance under section 4
both to the Office of Rail Regulation and to the licensed Strategic
Highways Company,

(d)   reporting periodically to Parliament on the performance of the
Strategic Highways network.”

LORD BERKELEY

 

Insert the following new Clause—

“General duties of the Secretary of State and the Office of Rail Regulation

(1)     The Secretary of State or the Office of Rail Regulation (or both) shall have a
duty to exercise the functions assigned or transferred under this Act in the
manner which it considers best calculated—

(a)   to promote improvements in road service performance,

(b)   to promote interests of all users, including pedestrians and cyclists,

(c)   to improve road safety,

(d)   to contribute to the achievement of sustainable development,

(e)   to promote efficiency and economy on the part of persons
providing road user services, and

(f)   to consider cross modal impacts of any proposed development.

(2)     Without prejudice to the generality of subsection (1) above, the Office of
Rail Regulation shall have a duty, in particular, to exercise the functions
assigned or transferred to it—

(a)   to take into account the need to protect all persons from dangers
arising from the use of roads, and

(b)   to have regard to the effect on the environment of activities
connected with the provision of road use and construction.

(3)     In exercising its safety functions the Office of Rail Regulation shall be under
a duty to have regard to any general guidance given to it by the Secretary
of State.”

Clause 1

LORD WHITTY

 

Page 1, line 5, leave out “appoint one or more companies” and insert “grant a
licence to a company”

LORD BERKELEY

 

Page 2, line 1, leave out “appointed” and insert “licensed”

 

Page 2, line 4, leave out “appointment” and insert “licensing”

 

Page 2, line 7, leave out “appointed” and insert “licensed”

After Clause 1

LORD BERKELEY

 

Insert the following new Clause—

“Strategic highways company licences

(1)     A licence under section 1 may include—

(a)   such conditions (whether or not relating to the licence holder’s
being responsible for assets under the authorisation of the licence)
as appear to the grantor to be requisite or expedient having regard
to the duties imposed by section 4; and

(b)   conditions requiring the rendering to—

(i)   the Secretary of State,

(ii)   the Office of Rail Regulation, or

(iii)   any other person, or any other person of a class or
description, specified in the licence, except a Minister of the
Crown or Government department,

of a payment on the grant of the licence, or payments during the currency of the licence, or both, of such amounts or amounts as may be determined by or under the licence.

(2)     Conditions included in a licence under subsection (1)(a)—

(a)   may require the licence holder to enter into any agreement with any
person for such purposes as may be specified in the conditions; and

(b)   may include provision for determining the terms on which such
agreements are to be entered into.

(3)     Conditions included in a licence under subsection (1)(a) may require the
licence holder—

(a)   to comply with any requirements from time to time imposed by a
qualified person with respect to such matters as are specified in the
licence or are of a description so specified;

(b)   except in so far as a qualified person consents to his doing or not
doing them, not to do or to do such things as are specified in the
licence or are of a description so specified;

(c)   to refer for determination by a qualified person such questions
arising under the licence as are specified in the licence or are of a
description so specified;

(d)   to refer for approval by a qualified person such things falling to be
done under the licence as are specified in the licence or are of a
description so specified;

(e)   to furnish to a qualified person such documents or other
information as he may require for the purpose of exercising any
functions conferred or imposed on him under or by virtue of the
licence;

(f)   to furnish to the Secretary of State or the Office of Rail Regulation
such documents or other information as he may require for the
purpose of exercising the functions assigned or transferred to him
or it under or by virtue of this Act.

(4)     Conditions included in a licence may contain provision for the conditions
to cease to have effect or be modified at such times, in such manner and in
such circumstances as may be specified in or determined by or under the
conditions; and any provision included by virtue of this subsection in a
licence shall have effect in addition to the provision made by this Part with
respect to the modification of the conditions of a licence.

(5)     Subsections (2) and (4) are without prejudice to the generality of subsection
(1)(a) above.

(6)     Any reference in subsection (3) above to a “qualified person” is a reference
to—

(a)   a person specified in the licence in question for the purpose in
question, or

(b)   a person of a description so specified,

and includes a reference to a person nominated for that purpose by such a
person pursuant to the licence.

(7)     Any sums received by the Secretary of State or the Office of Rail Regulation
in consequence of the provisions of any condition of a licence shall be paid
into the Consolidated Fund.

Schedule 1

LORD WHITTY

 

Page 45, line 35, at end insert—

“( )     The Strategic Highways Company shall be responsible for the
construction, improvement and maintenance of the strategic
highways network for which it is the authority; and for the
management of safety of that network, the development of traffic
management and speed control systems on that network and for
meeting objectives for reduction of emissions of greenhouse
gases, pollution of water run-off, air quality and other
environmental objectives and for engagement with private and
commercial road users and with local communities.

( )     The Strategic Highways Company shall have responsibility for
research and development in the fields of road construction and
maintenance, traffic and safety controls and telemetric
information on its network, and in so doing, the strategic
highways company may contract to or enter partnership with
other organisations.”

Clause 2

LORD WHITTY

LORD BERKELEY

BARONESS GREY-THOMPSON

 

Page 2, line 25, at end insert—

“( )     The strategic highways company shall be responsible for the road safety
performance of the network and the improvement of the network’s road
infrastructure safety rating, which shall be overseen by the Office of Rail
Regulation.”

LORD WHITTY

 

Page 2, line 25, at end insert—

“( )     Before establishing a strategic highways company the Secretary of State
must consult all highways authorities in the area specified under
subsection (1)(a) responsible for roads in that area other than the roads
specified under subsection (1)(b) and this consultation must cover—

(a)   the structure of the new organisation,

(b)   the appointment of at least one non-executive director representing
those authorities to the board of the new company, and

(c)   any other matter which the Secretary of State deems relevant.”

Clause 3

LORD WHITTY

 

Page 3, line 14, at end insert—

“( )     The activities, results and standards in subsection (4) shall include
improvement of performance in network safety, reductions in carbon
emissions, and improvements in environmental objectives as well as issues
of traffic volumes, journey times and new and improved roads.”

 

Page 3, line 20, at end insert—

“( )     Investments in projects on road safety, environmental improvements,
traffic and speed control systems, and demand reduction projects shall be
appraised on the same cost benefit basis as decisions on investment in road
construction and maintenance.”

After Schedule 2

LORD BERKELEY

 

Insert the following new Schedule—

“SCHEDULE

CYCLING AND WALKING INFRASTRUCTURE STRATEGY

PART 1

SETTING A CYCLING AND WALKING INVESTMENT STRATEGY

1   (1)     This Part specifies the procedure by which a cycling and walking
investment strategy is set.

(2)     It does not apply to the first cycling and walking investment strategy
under section (Cycling and walking investment strategy) where it is
published and laid before Parliament by the Secretary of State within a
year of that section coming into force.

2   (1)     The proposals in a cycling and walking investment strategy must
include details of—

(a)   the objectives to be achieved, including but not limited to:


(i)   increasing the share of travel that is walked and cycled,


(ii)   increasing the proportion of the population that regularly
walks or cycles, and

(b)   the financial resources to be provided by the Secretary of State for
the purpose of achieving those objectives, and

(c)   the period to which the proposals relate.

(2)     Publication under sub-paragraph (1) may be in such manner as the
Secretary of State considers appropriate.

(3)     The Secretary of State may only publish a cycling and walking
investment strategy if the Secretary of State has consulted on the
proposals which such persons as the Secretary of State considers
appropriate.

PART 2

VARYING A CYCLING AND WALKING INVESTMENT STRATEGY

3   (1)     This paragraph applies where the Secretary of State is considering
varying a cycling and walking investment strategy.

(2)     Subject to sub-paragraph (3), paragraph 2 applies to proposals for a
varied cycling and walking investment strategy as it applies to proposals
for a cycling and walking investment strategy.

(3)     The Secretary of State may only publish proposals as a varied cycling
and walking investment strategy if the Secretary of State has consulted
on the proposals with such persons as the Secretary of State considers
appropriate.

(4)     In performing functions under this Part of this Schedule, the Secretary of
State must have regard to the desirability of maintaining certainty and
stability in respect of cycling and walking investment strategies.”

Clause 9

LORD BERKELEY

 

Page 6, line 18, at end insert—

“( )     The Office of Rail Regulation is renamed as the Office of Rail and Road
Regulation.”

 

Page 6, line 19, after “Rail” insert “and Road”.

 

Page 6, line 19, leave out “monitor how a” and insert “ensure that the”

 

Page 6, line 20, at end insert “in compliance with its licence and other parts of the
Act”

 

Page 6, line 26, leave out subsection (3)

After Clause 9

LORD BERKELEY

[As an amendment to the new Clause amendment “Monitor: compliance and fines”
printed on sheet HL Bill 45(d)]

 


Line 6, at end insert—

“(c)   section (Monitor: general duties)(3)(c),

(d)   section (Monitor: general duties)(3)(d),”

 

LORD BERKELEY

[As amendments to the new Clause amendment “Monitor: general duties”
printed on sheet HL Bill 45(d)]

 


Line 11, leave out paragraph (b) and insert—

“(b)   the safety of users and others engaged in work in connection with
the strategic highways company,”

 


Line 21, leave out paragraph (b)

 


Line 22, at end insert—

“(c)   regulatory activities should ensure that safety is applied in
accordance with the general purposes of Part 1 of the Health and
Safety at Work etc Act 1974 relating to risks that are relevant to the
design, construction and operation of the strategic highways roads
in section 2.”

 


Line 22, at end insert—

“(d)   regulatory activities should be carried out in such a way as to
ensure the maximum efficiencies in the design, construction and
operation of the strategic highways roads in section 2.”

LORD BERKELEY

[As an amendment to the new Clause amendment “Monitor: guidance”
printed on sheet HL Bill 45(d)]

 


Line 6, leave out subsection (2)

Clause 13

LORD WHITTY

 

Page 9, line 16, at end insert—

“(c)   road safety”

After Clause 14

LORD WHITTY

 

Insert the following new Clause—

“Parliamentary oversight of highways strategy

(1)     No provision under this Part shall come into force until it has been reported
on by a joint committee of the House of Commons and the House of Lords
and that report has been endorsed by both Houses of Parliament.

(2)     Once enacted, the operation of this Part shall be subject to review by
Parliament at least once every five years.”

After Clause 15

LORD BERKELEY

 

Insert the following new Clause—

“PART 1A

CYCLING AND WALKING INVESTMENT STRATEGY

Cycling and walking investment strategy

(1)     The Secretary of State may at any time—

(a)   set a cycling and walking investment strategy, or

(b)   vary a strategy which has already been set.

(2)     A cycling and walking investment strategy is to relate to such period as the
Secretary of State considers appropriate but must be reviewed at least
every five years.

(3)     A cycling and walking investment strategy must specify—

(a)   the objectives to be achieved during the period to which it relates,
and

(b)   the financial resources to be provided by the Secretary of State for
the purpose of achieving those objectives.

(4)     The objectives to be achieved may include—

(a)   activities to be performed;

(b)   results to be achieved;

(c)   standards to be met.

(5)     The Secretary of State must comply with the cycling and walking
investment strategy and shall be responsible for updating Parliament
annually on his compliance with it.

(6)     If a cycling and walking investment strategy is not currently in place, the
Secretary of State must—

(a)   lay before Parliament a report explaining why a strategy has not
been set, and

(b)   set a cycling and walking investment strategy as soon as may be
reasonably practicable.

(7)     Schedule (Cycling and walking infrastructure strategy) has effect.

Clause 21

BARONESS KRAMER

 

Page 22, line 35, at end insert—

“(A1)    The Housing and Regeneration Act 2008 is amended in accordance with
subsections (1) and (2).”

 

Page 22, line 36, leave out “of the Housing and Regeneration Act 2008”

 

Page 22, line 37, leave out “of that Act”

 

Page 24, line 19, leave out “of that Act”

 

Page 24, line 26, at end insert—

“(3)     The Greater London Authority Act 1999 is amended in accordance with
subsections (4) and (5).

(4)     After section 333D insert—

“333DA           Transfer schemes

(1)     The Secretary of State may at any time make one or more schemes
for the transfer of designated property, rights or liabilities of a
specified public body to—

(a)   the Authority, or

(b)   a company or body through which the Authority exercises
functions in relation to housing or regeneration.

(2)     In subsection (1) “specified public body” means a public body
which is for the time being specified, or of a description specified,
by regulations made by the Secretary of State.

(3)     On the date specified by a scheme as the date on which the scheme
is to have effect, the designated property, rights or liabilities are
transferred and vest in accordance with the scheme.

(4)     In this section—

“designated”, in relation to a scheme, means specified in or
determined in accordance with the scheme;

“public body” means a person or body with functions of a
public nature.

(5)     This section and sections 333DB and 333DC bind the Crown, but do
not have effect in relation to property, rights or liabilities belonging
to—

(a)   Her Majesty in right of the Crown,

(b)   Her Majesty in right of Her private estates,

(c)   Her Majesty in right of the Duchy of Lancaster, or

(d)   the Duchy of Cornwall.

(6)     The reference in subsection (5) to Her Majesty’s private estates is to
be construed in accordance with section 1 of the Crown Private
Estates Act 1862.

333DB           Further provisions about transfer schemes

(1)     A transfer scheme may—

(a)   create for the transferor interests in, or rights over, property
transferred by virtue of the scheme,

(b)   create for a transferee interests in, or rights over, property
retained by the transferor or transferred to another
transferee,

(c)   create rights or liabilities between the transferor and a
transferee or between transferees.

(2)     A transfer scheme may provide for the transfer of property, rights
or liabilities that would not otherwise be capable of being
transferred or assigned.

(3)     In particular, a transfer scheme may provide for the transfer to take
effect regardless of a contravention, liability or interference with an
interest or right that would otherwise exist by reason of a provision
having effect in relation to the terms on which the transferor is
entitled to the property or right, or subject to the liability, in
question.

(4)     It does not matter whether the provision referred to in subsection
(3) has effect under an enactment or an agreement or in any other
way.

(5)     A certificate by the Secretary of State that anything specified in the
certificate has vested in any person by virtue of a transfer scheme is
conclusive evidence for all purposes of that fact.

(6)     A transfer scheme may contain provision for the payment of
compensation by the Secretary of State to any person whose
interests are adversely affected by it.

(7)     A transfer by virtue of a transfer scheme does not affect the validity
of anything done by or in relation to the transferor before the
transfer takes effect.

(8)     Anything which—

(a)   is done by the transferor for the purposes of, or otherwise in
connection with, anything transferred by virtue of a transfer
scheme, and

(b)   is in effect immediately before the transfer date,

is to be treated as done by the transferee.

(9)     There may be continued by or in relation to the transferee anything
(including legal proceedings)—

(a)   which relates to anything transferred by virtue of a transfer
scheme, and

(b)   which is in the process of being done by or in relation to the
transferor immediately before the transfer date.

(10)     Subsection (11) applies to any document—

(a)   which relates to anything transferred by virtue of a transfer
scheme, and

(b)   which is in effect immediately before the transfer date.

(11)     Any references in the document to the transferor are to be read as
references to the transferee.

(12)     A transfer scheme may include supplementary, incidental,
transitional and consequential provision.

(13)     In this section—

“enactment” includes subordinate legislation within the
meaning of the Interpretation Act 1978;

“transfer scheme” means a transfer scheme under section
333DA;

“transfer date” means a date specified by a transfer scheme as
the date on which the scheme is to have effect.

333DC           Tax consequences of transfers under section 333DA

(1)     The Treasury may by regulations make provision for varying the
way in which a relevant tax has effect from time to time in relation
to—

(a)   any property, rights or liabilities transferred in accordance
with a transfer scheme, or

(b)   anything done for the purposes of, or in relation to, or in
consequence of, the transfer of any property, rights or
liabilities in accordance with such a transfer scheme.

(2)     The provision that may be made under subsection (1)(a) includes,
in particular, provision for—

(a)   a tax provision not to apply, or to apply with modifications,
in relation to any property, rights or liabilities transferred;

(b)   any property, rights or liabilities transferred to be treated in
a specified way for the purposes of a tax provision;

(c)   the Secretary of State to be required or permitted, with the
consent of the Treasury, to determine, or to specify the
method for determining, anything which needs to be
determined for the purposes of any tax provision so far as
relating to any property, rights or liabilities transferred.

(3)     The provision that may be made under subsection (1)(b) includes,
in particular, provision for—

(a)   a tax provision not to apply, or to apply with modifications,
in relation to anything done for the purposes of, or in
relation to, or in consequence of, the transfer;

(b)   anything done for the purposes of, or in relation to, or in
consequence of, the transfer to have or not have a specified
consequence or be treated in a specified way;

(c)   the Secretary of State to be required or permitted, with the
consent of the Treasury, to determine, or to specify the
method for determining, anything which needs to be
determined for the purposes of any tax provision so far as
relating to anything done for the purposes of, or in relation
to, or in consequence of, the transfer.

(4)     In this section—

“enactment” includes subordinate legislation within the
meaning of the Interpretation Act 1978;

“relevant tax” means income tax, corporation tax, capital gains
tax, stamp duty, stamp duty land tax or stamp duty reserve
tax;

“tax provision” means a provision of an enactment about a
relevant tax;

“transfer scheme” means a transfer scheme under section
333DA.

(5)     References in this section to the transfer of property, rights or
liabilities in accordance with a transfer scheme include references
to—

(a)   the creation of interests, rights or liabilities under the
scheme, and

(b)   the modification of interests, rights or liabilities under the
scheme,

(and “transferred”, in relation to property, rights or liabilities, is to
be read accordingly).”

(5)     In section 420 (regulations and orders)—

(a)   in subsection (7) (instruments subject to annulment in pursuance of
a resolution of either House of Parliament) after the entry for
section 243(7) insert—

“section 333DA(2);”, and

(b)   after subsection (8) insert—

“(8A)    A statutory instrument which contains regulations under
section 333DC shall be subject to annulment in pursuance of
a resolution of the House of Commons.””

Clause 22

BARONESS KRAMER

 

Page 25, line 15, leave out from “Authority” to end of line 17 and insert “exercises
functions in relation to housing or regeneration.”

 

Page 25, line 36, after “Authority” insert “, a company or body through which the
Authority exercises functions in relation to housing or regeneration”

 

Page 25, line 37, at end insert—

“(12)    The reference in subsection (11) to land disposed of by the Greater London
Authority does not include land disposed of to a company or body through
which the Authority exercises functions in relation to housing or
regeneration.”

Schedule 4

BARONESS KRAMER

 

Page 83, line 39, leave out sub-paragraph (4) and insert—

“(4)     Sub-paragraphs (5) and (6) apply to the function of the Lord Chancellor
under section 14(1) of the Local Land Charges Act 1975 as amended by
this paragraph so far as it relates to the power to make rules for
prescribing fees and the manner of payment of fees (“the new function”).

(5)     The new function is to be treated as having been transferred to the Welsh
Ministers by—

(a)   the National Assembly for Wales (Transfer of Functions) Order
2004 (S.I. 2004/3044), and

(b)   Schedule 11 to the Government of Wales Act 2006,

in the same way as the equivalent function of the Lord Chancellor under
that section as it had effect apart from this paragraph (“the old
function”).

(6)     A provision made by that Order or that Act in respect of the old function
continues to apply to the new function.”

 

Page 87, line 17, after “Schedule” insert “—

(a)   ”

 

Page 87, line 18, after “Part;” insert “or

(b)   in relation to the operation of any other statutory provision by
virtue of which any matter is registrable in the local land charges
register,”

Clause 26

BARONESS KRAMER

 

Page 26, line 27, leave out “in relation to a building in England,”

 

Page 26, line 28, leave out “the” and insert “a”

 

Page 26, line 33, leave out “in England”

 

Page 27, line 7, after “State” insert “or the Welsh Ministers”

 

Page 27, line 22, after “State” insert “or the Welsh Ministers”

 

Page 27, line 22, at end insert—

“(5A)    Building regulations made by the Welsh Ministers may make
provision for the use, in relation to action taken in respect of a
building in Wales, of a register administered by, or by a person
acting on behalf of, the Secretary of State.

(5B)    Building regulations made by the Secretary of State may make
provision about the use of such a register for that purpose.”

 

Page 27, line 33, at end insert—

“(7A)    Building regulations made by the Welsh Ministers may make
provision for a payment or payments in respect of a building in
Wales to be made to a fund administered by, or by a person acting
on behalf of, the Secretary of State.

(7B)    Building regulations made by the Secretary of State may make
provision about the use of such a fund for that purpose.”

 

Page 27, line 41, at end insert—

“(6)     The reference to the Building Act 1984 in article 2(a) of the Welsh Ministers
(Transfer of Functions) (No 2) Order 2009 (SI 2009/3019) is to be treated as
referring to that Act as amended by this section.”

After Clause 26

LORD TEVERSON

 

Insert the following new Clause—

“Determination of planning applications

(1)     In circumstances where planning permission for a development has been
granted pursuant to section 70(1)(a) of the Town and Country Planning Act
1990 (determination of applications: general considerations) any building
work remaining to be carried out as part of that development after the
expiry of six years from the granting of planning permission shall no longer
be permitted to be carried out in compliance with the Approved Document
Part L in force at the time when planning permission was granted, but shall
instead be required to be carried out in compliance with the Approved
Document Part L in force at that time.

(2)     For the purposes of this section—

“building work” has the meaning given in regulation 3(1) of the
Building Regulations 2010 (meaning of building work);

“Approved Document Part L” means a document issued in pursuance
of section 6 of the Building Act 1984 (approved documents) for the
purpose of providing guidance with respect to the requirements of
Part L of Schedule 1 to the Building Regulations 2010 (conservation
of fuel and power).

Clause 27

LORD JENKIN OF RODING

 

Page 28, line 9, at end insert—

“( )     Before making regulations under—

(a)   subsection (1)(a), the Secretary of State or another person with the
consent of the Secretary of State must conduct a progress review of
voluntary shared ownership and stakes offered to communities and
the Secretary of State or that person must set out the results and
conclusions of the review in a report to Parliament.

(b)   subsection (1)(b), the Secretary of State or another person with the
consent of the Secretary of State must appoint a panel of experts to
review and advise on community stakes and engagement in
offshore renewables and the Secretary of State or that other person
must set out the results and conclusions of the review in a report to
Parliament.”

 

Page 28, line 33, at end insert—

“( )     Before laying a draft of a statutory instrument containing regulations
under this section the Secretary of State must consult—

(a)   the Scottish Ministers,

(b)   the Welsh Ministers,

(c)   any person who is a holder of a licence to generate electricity under
section 6(1)(a) of the Electricity Act 1989 (licences authorising
supply, etc),

(d)   the Authority,

(e)   co-operative and community groups,

(f)   renewable energy developers, and

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

 

Page 28, line 39, at end insert—

“( )     Regulations under subsections (1) to (4) shall not apply to facilities that
have applied for a relevant consent to construct a qualifying facility prior
to the date on which the regulations are made.”

 

Page 29, line 22, at end insert—

““relevant consent” means—

(a)   consent granted under section 36 of the Electricity Act 1989
(consent required for construction etc of operating stations),

(b)   an order granting development consent under the Planning
Act 2008,

(c)   consent granted by a local planning authority under the
Town and Country Planning Act 1990, or

(d)   consent granted by a planning authority under the Town
and Country Planning (Scotland) Act 1997.”

After Clause 37

BARONESS KRAMER

 

Insert the following new Clause—

“Renewable heat incentives

(1)     Section 100 of the Energy Act 2008 (renewable heat incentives) is amended
in accordance with subsections (2) to (4).

(2)     After subsection (1) insert—

“(1A)    Regulations under this section may confer any function on any
person.

(1B)    Regulations under this section may provide for a function
conferred on a person to be exercisable on behalf of another
person.”

(3)     In subsection (2)—

(a)   in paragraph (a), for the words before sub-paragraph (i)
substitute—

“(a)   make provision giving any of the following persons
entitlements to payments (“RHI payments”) in
specified circumstances—”;

(b)   in paragraph (b), for “such payments” substitute “RHI payments”;

(c)   after paragraph (b) insert—

“(ba)   make provision about the circumstances in which,
and descriptions of persons to whom, the whole or a
part of an entitlement to an RHI payment may be
assigned (whether the person has the entitlement by
virtue of regulations under paragraph (a) or
regulations under this paragraph);

(bb)   authorise or require the Secretary of State, the
Authority, designated fossil fuel suppliers, or any
person with any other administration function, to
make an RHI payment—

(i)   to the person who is entitled to the payment
by virtue of regulations under paragraph (a),
or

(ii)   where that entitlement has been wholly or
partly assigned in accordance with
regulations under this section, to the person
or persons for the time being enjoying the
entitlement or any part of it;”;

(d)   in paragraph (c), for “such payments” substitute “RHI payments”;

(e)   for paragraph (d) substitute—

“(d)   authorise or require a person to provide specified
information;”;

(f)   in paragraph (e), omit “to the Secretary of State or the Authority”;

(g)   in paragraph (h), omit “for the Secretary of State or the Authority”;

(h)   omit paragraph (i);

(i)   at the end insert—

“(j)   authorise the Secretary of State to make payments to
a person in respect of the exercise by the person of
functions under regulations under this section;

(k)   make provision about the resolution of disputes
relating to the exercise of functions under
regulations under this section, including provision
about arbitration or appeals (which may, in
particular, provide for the person conducting an
arbitration or determining an appeal to order the
payment of costs or compensation).”

(4)     In subsection (3), after the definition of “fossil fuel supplier” insert—

““other administration function” means a function relating to
the administration of a scheme established under this
section, other than a function conferred by regulations
under subsection (2)(bb);”.

(5)     Section 105 of the Energy Act 2008 (Parliamentary control of subordinate
legislation) is amended in accordance with subsections (6) to (8).

(6)     In subsection (2)—

(a)   in paragraph (a), omit sub-paragraph (vi);

(b)   after paragraph (aa) insert—

“(ab)   regulations which contain (whether alone or
together with other provision) affirmative
resolution provision made under section 100
(renewable heat incentives);”.

(7)     In subsection (3), after “(2)(a)” insert “, (ab)”

(8)     After subsection (3) insert—

“(3A)    Provision made under section 100 is affirmative resolution
provision if—

(a)   the provision is made under any of the powers which
always attract the affirmative resolution procedure, or

(b)   the provision—

(i)   is not made under any of those powers, and

(ii)   meets condition A, B, C or D.

(3B)    The powers which always attract the affirmative resolution
procedure are the powers conferred by—

(a)   section 100(2)(c), (e), (f), (g), (h) and (k),

(b)   section 100(5), and

(c)   section 100(6).

(3C)    Provision meets condition A if—

(a)   it is made under the power conferred by section 100(2)(bb),
and

(b)   it requires a designated fossil fuel supplier to make a
payment under an RHI scheme.

(3D)    Provision meets condition B if—

(a)   it confers an administration function on a person who is not
the Secretary of State or the Authority, and

(b)   the time when the provision comes into force will be the first
time that an administration function under the RHI scheme
concerned is exercisable by a person who is not the
Secretary of State or the Authority.

(3E)    Provision meets condition C if—

(a)   it is made under a power conferred by paragraph (ba) or
(bb)(ii) of section 100(2),

(b)   it is made in relation to an RHI scheme that was in existence
immediately before the coming into force of this subsection,
and

(c)   it is the first provision to be made under that power in
relation to that RHI scheme.

(3F)    Provision meets condition D if—

(a)   it is made under a power conferred by paragraph (a), (b),
(ba), (bb), (d) or (j) of section 100(2),

(b)   it is made in relation to an RHI scheme that was not in
existence immediately before the coming into force of this
subsection, and

(c)   it is the first provision to be made under that power in
relation to that RHI scheme.

(3G)    In deciding whether provision meets condition B, the following
matters must be ignored—

(a)   for the purposes of subsection (3D)(a): any provision which
confers a payment function on designated fossil fuel
suppliers;

(b)   for the purposes of subsection (3D)(b): any payment
function under the RHI scheme concerned which (before the
time when the provision comes into force) is, or has been,
exercisable by designated fossil fuel suppliers.

(3H)    The fact that provision is to some extent made under a power
conferred by section 100(1), (1A) or (1B) does not prevent that
provision from being taken (for the purposes of subsections (3A) to
(3F)) as being made under any other power conferred by section
100.

(3I)    In subsections (3B) to (3H) and this subsection—

“administration function” means a function relating to the
administration of an RHI scheme;

“designated fossil fuel suppliers” has the same meaning as in
section 100;

“payment function” means a function of making a payment
under an RHI scheme (whether the function authorises or
requires the making of the payment);

“RHI scheme” means a scheme under section 100 to facilitate
and encourage renewable generation of heat.”

(9)     In section 105 of the Utilities Act 2000 (general restrictions on disclosure of
information), in subsection (3)—

(a)   in paragraph (a), omit “or section 100”;

(b)   after paragraph (a) insert—

“(aa)   it is made for the purpose of facilitating any
functions of any person under section 100 of the
Energy Act 2008;”.”

Clause 38

BARONESS KRAMER

 

Page 41, line 36, leave out from “under” to end of line 40 and insert “this Part (other
than section 29).”

Clause 40

BARONESS KRAMER

 

Page 43, line 1, leave out “22(11)” and insert “22(11) and (12)”

 

Page 43, line 2, after “Part” insert “and section 26(6)”

 

Page 43, line 4, after “38” insert “, section (Renewable heat incentives)”

Clause 41

BARONESS KRAMER

 

Page 43, line 21, leave out “and 18” and insert “, 18 and 26”

 

Page 43, line 29, leave out “, 25 and 26” and insert “and 25”

 

Page 43, line 35, leave out from “28” to “come” and insert “and Schedule 5 come
into force on 1 June 2016,

(ab)   section 29 and sections 32 to 37”

 

Page 43, line 40, leave out “section 38 comes” and insert “section 38 and section
(Renewable heat incentives) come”

 

Page 43, line 43, at end insert “or areas”

In the Title

BARONESS KRAMER

 

Line 14, after “energy;” insert “to make provision about renewable heat
incentives;”

Prepared 30th October 2014