Session 2014-15
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Infrastructure Bill [HL]
MARSHALLED
LIST OF Amendments
to be moved
on report
The amendments have been marshalled in accordance with the Order of 28th October 2014, as follows—
| Clause 1 Schedule 1 Clauses 2 and 3 Schedule 2 Clauses 4 to 10 Schedule 3 Clauses 11 to 23 | Schedule 4 Clauses 24 to 27 Schedule 5 Clauses 28 to 31 Schedule 6 Clauses 32 to 42 |
[Amendments marked * are new or have been altered]
Before Clause 1
LORD WHITTY
Insert the following new Clause—
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—
(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), 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.”
LORD DAVIES OF OLDHAM
Insert the following new Clause—
Within 6 months of the passing of this Act the Secretary of State shall
publish a report on allowing a public sector rail operator to take on lines
and challenge the train operators in the public interest.”
Clause 1
LORD BERKELEY
Page 1, line 5, leave out subsection (1) and insert—
“( ) Subject to the following provisions of this section—
(a) the Secretary of State after consultation with the Office of Rail
Regulation, or
(b) the Office of Rail Regulation with the consent, or in accordance with
a general authority, of the Secretary of State,
may grant to any person a licence authorising the person to be a strategic
highways company, as may be specified in the licence.
( ) Any general authority given to the Office of Rail Regulation under
subsection (1)(b) may include a requirement for the Office of Rail
Regulation either to consult the Secretary of State, or a requirement to
obtain his approval before granting a licence, but a failure to comply with
such a requirement shall not affect the validity of the licence.
( ) Any application for a licence—
(a) shall be made in the prescribed manner;
(b) shall, if the Secretary of State so requires, be published by the
applicant in the prescribed manner and within such period as may
be notified by the applicant by the Secretary of State;
and, on any such application, the Secretary of State or, as the case may be,
the Office of Rail Regulation may either grant or refuse the licence.
( ) Before granting a licence, the Secretary of State or the Office of Rail
Regulation shall give notice—
(a) stating that he or it proposes to grant the licence,
(b) stating the reasons why he or it proposes to grant the licence, and
(c) specifying the time (being not less than 28 days from the date of
publication of the notice) within which representations or
objections with respect to the proposed licence may be made,
and shall consider any representations or objections which are duly made
and not withdrawn.
( ) A notice under subsection (4) shall be given by publishing the notice in
such manner as the Secretary of State or the Office of Rail Regulation
considers appropriate for bringing it to the attention of persons likely to be
affected by the grant of the licence.
( ) A licence shall be in writing and, unless previously revoked or surrendered
in accordance with any terms contained in the licence, shall continue in
force for such period as may be specified in or determined by or under the
licence; and a licence shall not be capable of being surrendered unless the
Office of Rail Regulation consents.
( ) As soon as practicable after the granting of a licence, the grantor shall send
a copy—
(a) in the case of a licence granted by the Secretary of State, to the Office
of Rail Regulation; or
(b) in the case of a licence granted by the Office of Rail Regulation, to
the Secretary of State.
LORD WHITTY
Page 1, line 5, leave out “appoint one or more companies” and insert “grant a
licence to a company”
LORD DAVIES OF OLDHAM
LORD MCKENZIE OF LUTON
Page 1, line 5, leave out “one or more companies” and insert “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 5, leave out “making the appointment” and insert “granting the
licence”
Page 2, line 7, leave out “appointed” and insert “licensed”
Page 2, line 10, at end insert—
“( ) Section 48 of the Health and Safety at Work etc Act 1974 (application to the
Crown) does not apply to the strategic highways authority or its
employees.”
LORD DAVIES OF OLDHAM
LORD MCKENZIE OF LUTON
Leave out Clause 1
After Clause 1
LORD BERKELEY
Insert the following new Clause—
(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).
(6) Any reference in subsection (3) 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—
(a) the construction, improvement and maintenance of the
strategic highways network for which it is the authority,
(b) the management of safety of that network, the
development of traffic management and speed control
systems on that network,
(c) for meeting objectives for reduction of emissions of
greenhouse gases, pollution of water run-off, air quality
and other environmental objectives, and
(d) 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.”
LORD DAVIES OF OLDHAM
LORD MCKENZIE OF LUTON
Page 49, line 16, leave out sub-paragraph (3)
BARONESS KRAMER
Page 59, line 17, at end insert—
“Parliamentary Commissioner Act 1967 (c. 13)
67A In Schedule 2 to the Parliamentary Commissioner Act 1967, at the
appropriate place insert “A strategic highways company for the time
being appointed under Part 1 of the Infrastructure Act 2014.””
Page 64, line 34, at end insert—
“Transport Act 1985 (c. 67)
98A In section 112G of the Transport Act 1985 (representations following an
investigation by the Passengers’ Council), in subsection (1), for
paragraph (d) substitute—
“(d) a strategic highways company for the time being
appointed under Part 1 of the Infrastructure Act 2014;”.
Dartford-Thurrock Crossing Act 1988 (c. 20)
98B In the Dartford-Thurrock Crossing Act 1988, after section 46
(interpretation) insert—
“46A Appointment of a strategic highways company
(1) This section applies in any period in which, by virtue of an
appointment under section 1 of the Infrastructure Act 2014, a
strategic highways company is the highway authority for the
highways comprised in the tunnel crossing or the bridge.
(2) The reference to the Secretary of State in section 12(4) (crossing
operator) is to be read as a reference to the strategic highways
company.
(3) References to the Secretary of State in the following provisions
are to be read as references to the strategic highways company—
(a) section 24(1)(a) and (b) (special traffic restrictions);
(b) section 27(1) and (2) (bicycles);
(c) section 37 (powers in relation to River Thames);
(d) section 38 (restriction on works on crossing);
(e) Schedule 7 (protective provisions), except—
(i) paragraph 2 of Part 1, and
(ii) paragraph 2 of Part 3.””
Page 70, line 8, leave out paragraphs 145 and 146
Clause 2
LORD WHITTY
LORD BERKELEY
BARONESS GREY-THOMPSON
LORD FREEMAN
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
LORD DAVIES OF OLDHAM
LORD MCKENZIE OF LUTON
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.”
Before Clause 3
LORD BERKELEY
Insert the following new Clause—
(1) A strategic highways company has, in relation to areas for which it is
appointed, duties to—
(a) plan, monitor and manage highways for which it is the highway
authority in order to secure economic, social and environmental
gains jointly and severally,
(b) secure the fullest possible use of sustainable modes of transport,
including by—
(i) widening travel choice;
(ii) unlocking development in locations that are sustainable or
assisting to make them be so,
(iii) encouraging highway users to make more efficient use of
vehicles by increasing average occupancy and loading rates,
and
(iv) working in partnership with operators of passenger
transport and freight services, as well as local authorities
and those responsible for major trip generators.”
Clause 3
LORD DAVIES OF OLDHAM
LORD MCKENZIE OF LUTON
Page 3, line 8, at end insert—
“( ) the anticipated impact of the Roads Investment Strategy upon the
condition, development and funding of the local roads network and
the provision of transport by land in general, and
( ) the anticipated impact of the Roads Investment Strategy upon the
condition, development, funding and links with other nationally
and regionally significant infrastructure projects, including ports
and airports.”
BARONESS KRAMER
Page 3, line 12, at end insert—
“(4A) In setting or varying a Road Investment Strategy, the Secretary of State
must have regard, in particular, to the effect of the Strategy on—
(a) the environment, and
(b) the safety of users of highways.”
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.”
LORD DAVIES OF OLDHAM
LORD MCKENZIE OF LUTON
Page 3, line 14, at end insert—
“( ) The Road Investment Strategy must include details of how the strategic
highways company will co-operate with Network Rail for effective
integration of strategic road and rail planning and development, including
along route strategies.”
Page 3, line 15, leave out subsection (6)
LORD WHITTY
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.”
Schedule 2
LORD DAVIES OF OLDHAM
LORD MCKENZIE OF LUTON
Page 71, line 17, leave out sub-paragraph (2)
LORD BERKELEY
Page 71, line 19, at end insert—
“Formation of route strategies: consultation and co-operation
1AA
(1) The strategic highways company shall produce route strategies for all
highways under its control (“specified highways”) and shall ensure such
strategies remain up to date.
(2) In deciding how to divide up specified highways into route strategies,
the strategic highways company shall have due regard to local
government boundaries and travel to work areas.
(3) Route strategies shall consider—
(a) other transport modes, including railways and port facilities, that
are served by specified highways or run parallel to them;
(b) the interaction between specified highways and other highways;
(c) opportunities to secure the expeditious movement of people and
freight;
(d) opportunities to reduce environmental impacts.
(4) The strategic highways company must—
(a) carry out such consultation, and arrange for such publicity, as the
strategic highways company thinks appropriate in relation to a
route strategy;
(b) consult such persons, and such descriptions of persons, as may
be prescribed;
(c) have regard to the responses to the consultation and publicity in
deciding whether to proceed with a route strategy.
(5) In setting or varying a roads investment strategy, the Secretary of State
shall have due regard to route strategies.
(6) The Secretary of State may make regulations about route strategies.”
LORD DAVIES OF OLDHAM
LORD MCKENZIE OF LUTON
Page 71, line 32, at end insert—
“( ) a statement of how that strategy is expected to impact upon the
condition and development of the local roads network and on the
provision of transport by land generally,
( ) an assessment of the structural condition of the strategic and
local road networks,”
Page 72, line 3, after “must” insert “consult local highway authorities about any
proposals or counter-proposals that may impact upon their networks and”
BARONESS KRAMER
Page 72, line 11, at end insert—
“(1A) The Secretary of State may only publish proposals under sub-paragraph
(1) if satisfied that appropriate consultation has taken place.”
Page 72, line 21, at end insert—
“(1A) The Secretary of State may only publish proposals under sub-paragraph
(1)(b) if satisfied that appropriate consultation has taken place.”
Page 72, line 28, leave out “Subject to sub-paragraph (3),”
Page 72, line 31, leave out sub-paragraph (3)
Clause 5
BARONESS KRAMER
Leave out Clause 5
Clause 8
LORD DAVIES OF OLDHAM
LORD MCKENZIE OF LUTON
Page 5, leave out lines 31 and 32 and insert “interests of users of, potential users of,
and communities affected by highways for which a strategic highways company
is the highway authority, including cyclists and pedestrians”
LORD BERKELEY
Page 5, line 33, leave out subsection (2) and insert—
“(2) In this section “relevant activities” means, in relation to specific highways,
activities to—
(a) protect and promote the interests of users of such highways,
(b) protect and promote the interests of communities impacted upon
by such highways, and
(c) promote the need to reduce impacts of such highways on the
natural and historic environment.
(3) In this section, consideration of the interests of users of highways shall
include consideration of—
(a) potential users, who, in the absence of safe infrastructure or
convenient services, do not currently use or cross over such
highways,
(b) the potential for modal shift to more sustainable modes of
transport, and
(c) the potential to reduce the need to travel, including by making
more efficient use of vehicles, such as through better logistics, and
through better land use and travel planning along such highways.
(4) The Transport Infrastructure and Services Council must carry out relevant
activities in relation to highways for which a strategic highways company
is the highway authority.
(5) Those activities may include investigating, publishing reports or giving
advice to the Secretary of State on—
(a) how a strategic highways company’s exercise of its functions or
achievement of its objectives under a Road Investment Strategy is
relevant to the interests listed in subsection (3),
(b) any other matters which the Council considers to be of use in
relation to relevant activities.
Page 6, line 7, leave out “activities to protect and promote the interests of users of”
and insert “relevant activities in relation to”
Page 6, line 13, leave out “of interest to users” and insert “of use regarding relevant
activities”
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 31, leave out subsection (5)
After Clause 9
BARONESS KRAMER
Insert the following new Clause—
(1) If the Office of Rail Regulation is satisfied that a strategic highways
company has contravened or is contravening—
(a) section 3(5) (compliance with the Road Investment Strategy), or
6
(b) section 4(3) (compliance with directions and regard to guidance),
the Office may take one or more of the steps mentioned in subsection (2).
(2) The Office may—
(a) give notice to the company as to the contravention and the steps the
company must take in order to remedy it;
(b) require the company to pay a fine to the Secretary of State.”
LORD BERKELEY
[Amendment 42 is an amendment to Amendment 41]
Line 6, at end insert—
“(c) section (Monitor: general duties)(3)(c),
(d) section (Monitor: general duties)(3)(d),”
BARONESS KRAMER
Insert the following new Clause—
(1) The Office of Rail Regulation must exercise its functions under sections 9
and (Monitor: compliance and fines) in the way that it considers most likely
to promote—
(a) the performance, and
(b) the efficiency,
of the strategic highways company.
(2) The Office must also, in exercising those functions, have regard to—
(a) the interests of users of highways,
11
(b) the safety of users of highways,
(c) the economic impact of the way in which the strategic highways
company achieves its objectives,
(d) the environmental impact of the way in which the strategic
highways company achieves its objectives,
(e) the long-term maintenance and management of highways, and
(f) the principles in subsection (3).
(3) The principles are that—
(a) regulatory activities should be carried out in a way which is
transparent, accountable, proportionate and consistent, and
21
(b) regulatory activities should be targeted only at cases in which
22action is needed.”
LORD BERKELEY
[Amendments 44 to 47 are amendments to Amendment 43]
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.”
BARONESS KRAMER
Insert the following new Clause—
(1) The Secretary of State may from time to time give the Office of Rail
Regulation guidance as to the manner in which it is to carry out its activities
under section 9.
6
(2) The Secretary of State and the Treasury, acting jointly, must give the Office
guidance as to the circumstances in which the payment of a fine under
section (Monitor: compliance and fines) should be required.
(3) The Office must have regard to guidance given to it under this section.
(4) Guidance under this section must be published by the Secretary of State in
such manner as he or she considers appropriate.”
LORD BERKELEY
[Amendment 49 is an amendment to Amendment 48]
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—
(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.”
Clause 15
BARONESS KRAMER
Page 10, line 6, at end insert—
““users of highways” includes cyclists and pedestrians.”
After Clause 15
BARONESS KRAMER
LORD FAULKNER OF WORCESTER
Insert the following new Clause—
“PART 1A
POWERS OF BRITISH TRANSPORT POLICE FORCE
(1) In section 100 of the Anti-terrorism, Crime and Security Act 2001
(jurisdiction of transport police)—
(a) in subsection (2)(b), after “personal injury” insert “or damage to
property”, and
9
(b) omit subsection (3)(a).
(2) In section 172 of the Road Traffic Act 1988 (duty to give information as to
identity of driver etc in certain circumstances), in subsection (2)(a), after
“chief officer of police” insert “or the Chief Constable of the British
Transport Police Force”.”
LORD FAULKNER OF WORCESTER
LORD RAMSBOTHAM
LORD BRADSHAW
LORD JENKIN OF RODING
[Amendment 53A is an amendment to Amendment 53]
Line 9, leave out “(3)(a)” and inset “(3)”
LORD FAULKNER OF WORCESTER
LORD BRADSHAW
LORD JENKIN OF RODING
LORD RAMSBOTHAM
Insert the following new Clause—
(1) In section 100 of the Anti-terrorism, Crime and Security Act 2001
(jurisdiction of transport police)—
(a) at the end of subsection (2)(b) insert “or to prevent damage to
property”; and
(b) omit subsection (3).
(2) In section 172(2) of the Road Traffic Act 1988 (duty to give information as
to the identity of driver etc in certain circumstances), in relation to an
offence involving a railway crossing, “chief officer of police” includes the
Chief Officer of the British Transport Police.”
LORD BERKELEY
LORD TEVERSON
Insert the following new Clause—
“PART 1A
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 16
BARONESS KRAMER
Page 10, line 20, leave out from beginning to “this” in line 21
Page 10, line 25, at end insert—
( ) A species control agreement or species control order may relate to—
(a) an invasive non-native species of animal or plant, or
(b) a species of animal that is no longer normally present in Great
Britain.
Page 10, line 36, leave out from “is” to end of line 37 and insert “a species—
(i) whose natural range does not include any part of Great Britain, and(ii) which has been introduced into Great Britain or is present in Great Britain because of other human activity.”LORD DAVIES OF OLDHAM
Page 10, line 37, after first “in,” insert “formerly resident in”
Page 10, line 37, at end insert—
“(c) is not a species of Community Interest as defined under the
Habitats Directive (92/43/EEC of 21 May 1992)”
BARONESS KRAMER
Page 11, line 2, at end insert—
“Species that are no longer normally present in Great Britain
2A A species of animal is “no longer normally present in Great Britain” if—
(a) it is a species listed in Part 1B of Schedule 9, or
(b) it is a species—
(i) whose natural range includes all or any part of Great
Britain, and
(ii) which has ceased to be ordinarily resident in, or a regular
visitor to, Great Britain in a wild state.”
Page 11, line 25, leave out “an invasive non-native” and insert “a”
Page 11, line 26, leave out “an invasive non-native” and insert “a”
Page 11, line 27, leave out “an invasive non-native” and insert “a”
Page 11, line 36, leave out “an invasive non-native species to be present” and insert
“that there is present on the premises—
(a) an invasive non-native species, or
(b) a species of animal that is no longer normally present in Great
Britain.”
Page 12, line 5, at end insert—
( ) Before entering into a species control agreement relating to animals of a
species that is no longer normally present in Great Britain, the
environmental authority must also be satisfied that—
(a) the animals are present on the premises otherwise than under
and in accordance with the terms of a licence under section
16(4)(c),
(b) the animals on the premises are having a significant adverse
impact on—
(i) biodiversity,
(ii) other environmental interests, or
(iii) social or economic interests, and
(c) there is no appropriate alternative way of obviating that impact.”
Page 12, line 32, leave out from “that” to end of line 33 and insert “there is present
on the premises—
(i) an invasive non-native species, or
(ii) a species of animal that is no longer normally present in
Great Britain, and”
Page 12, line 36, at beginning insert “the environmental authority considers that”
Page 12, line 37, at end insert “and, having been given notice to that effect and a
reasonable opportunity to rectify the failure, has not done so”
Page 13, line 3, at end insert “and the authority considers it unlikely that the owner
will enter any kind of such agreement”
Page 13, line 14, at end insert—
( ) Before making a species control order relating to animals of a species
that is no longer normally present in Great Britain, the environmental
authority must also be satisfied that—
(a) the animals are present on the premises otherwise than under
and in accordance with the terms of a licence under section
16(4)(c),
(b) the animals on the premises are having a significant adverse
impact on—
(i) biodiversity,
(ii) other environmental interests, or
(iii) social or economic interests, and
(c) there is no appropriate alternative way of obviating that impact.”
Page 14, line 7, after “is” insert “withdrawn or”
Page 15, leave out lines 8 and 9
Page 15, line 16, at end insert—
“Notice of compliance
15AA Where an environmental authority considers that an owner of premises
has complied with all the requirements in a species control order to carry
out species control operations, the authority must give the owner notice
to that effect.”
Page 15, line 21, at end insert—
(1A) The authority must give the owner notice to that effect.
“(1B) Sub-paragraphs (2) to (4) apply if, after a week after giving notice under
sub-paragraph (1A), the authority considers that the owner has still not
carried out the species control operation in the way specified in the
order.”
Page 16, line 3, at end insert—
(5) In relation to an offence committed before section 85 of the Legal Aid,
Sentencing and Punishment of Offenders Act 2012 comes into force, the
reference in sub-paragraph (3) to a fine is to be read as a reference to a
fine not exceeding £40,000.”
Page 16, line 33, leave out “an invasive non-native” and insert “a”
Page 18, line 10, after “may” insert “(separately or jointly)”
Page 18, line 30, at end insert—
( ) standards of animal welfare to be met in connection with species control agreements and orders.”LORD DAVIES OF OLDHAM
Page 18, line 30, at end insert—
“( ) the standards of animal welfare required when carrying out
species control agreements and orders”
BARONESS KRAMER
Page 18, line 33, leave out “consult the other environmental authorities in England”
and insert “carry out a public consultation”
Page 19, line 11, at end insert—
( ) standards of animal welfare to be met in connection with species control agreements and orders.”Page 19, line 14, leave out “consult the Natural Resources Body for Wales” and
insert “carry out a public consultation”
After Clause 16
BARONESS KRAMER
Insert the following new Clause—
(1) Schedule 9 to the Wildlife and Countryside Act 1981 (animals and plants to
which section 14 of that Act applies) is amended as follows.
(2) In the heading to Part 1, at the beginning insert “Non-native”.
(3) In Part 1, omit the entries relating to the wild boar, capercaillie, chough,
corncrake, common crane, white-tailed eagle, goshawk, red kite and barn
owl.
(4) After Part 1 insert—
“PART IA
NATIVE ANIMALS
|
Common name |
Scientific name |
|
Capercaillie |
Tetrao urogallus |
|
Chough |
Pyrrhocorax pyrrhocorax |
|
Corncrake |
Crex crex |
|
Crane, Common |
Grus grus |
|
Eagle, White-tailed |
Haliaetus albicilla |
|
Goshawk |
Accipiter gentilis |
|
Kite, Red |
Milvus milvus |
|
Owl, Barn |
Tyto alba”. |
(5) After Part 1A (as inserted by subsection (4) above) insert—
“PART IB
ANIMALS NO LONGER NORMALLY PRESENT
|
Common name |
Scientific name |
|
Boar, Wild |
Sus Scrofa.”” |
LORD DAVIES OF OLDHAM
[Amendment 85 is an amendment to Amendment 84]
Line 17, at end insert—
|
“Eurasian beaver |
Castor fiber” |
BARONESS KRAMER
Insert the following new Clause—
(1) The Wildlife and Countryside Act 1981 is amended as follows.
(2) In section 14 (introduction of new species etc), in subsection (1)(b), after
“Part I” insert “, IA or IB”.
(3) In the heading to section 14ZA (sale etc of invasive non-native species), for
“invasive non-native species” substitute “certain animals and plants
included in Schedule 9”.
(4) In the heading to section 14ZB (codes of practice in connection with
invasive non-native species), for “invasive non-native species” substitute
“species which are non-native or included in Schedule 9”.
(5) In section 22 (power to vary Schedules), in subsection (5)(a), after “Part I”
insert “, IA or IB”.”
After Clause 20
BARONESS WHITAKER
THE EARL OF LYTTON
LORD JENKIN OF RODING
Insert the following new Clause—
In section 10(3) of the Planning Act 2008 (sustainable development), omit
the words “the desirability of”.”
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.”
Before Schedule 4
LORD BERKELEY
LORD TEVERSON
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
(iii) improving actual and perceived safety of walking and
cycling,
(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.”
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—
(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.”
Page 29, line 40, at end insert—
“( ) Sections 27 and 28 and Schedule 5 come into force at the end of the period
of two years beginning with the day on which this Act is passed.”
Clause 32
LORD WIGLEY
Page 38, line 15, at end insert—
“(6) This section shall not extend to Wales unless an order authorising it has
been passed by the National Assembly for Wales.
(7) An order under subsection (6) may contain any conditions which the
Assembly deems appropriate.”
BARONESS YOUNG OF OLD SCONE
Page 38, line 15, at end insert—
“(6) The Secretary of State shall, before the award of further licences for onshore
oil and gas exploration, issue additional planning guidance with respect to
applications for developments within or under Protected Areas and
functionally linked land.
(7) Guidance issued under subsection (6) shall include a presumption against
development except in exceptional circumstances and where it can be
demonstrated they are in the public interest.”
After Clause 37
BARONESS KRAMER
Insert the following new Clause—
(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).”
After Clause 38
LORD HODGSON OF ASTLEY ABBOTTS
LORD WHITTY
LORD TEVERSON
LORD JENKIN OF RODING
Insert the following new Clause—
(1) The Secretary of State may, by regulation, establish a sovereign wealth
fund to receive and deploy revenue from the extraction and sale of shale
gas.
(2) The regulations shall provide—
(a) that the fund shall receive no less than 50% of any revenue received
by the United Kingdom Government from any activity connected
with the extraction and sale of shale gas;
(b) that the assets of the fund shall be deployed to serve long term
public objectives other than those connected with monetary and
exchange rate policy;
(c) that the assets of the fund may be deployed in the United Kingdom
or overseas;
(d) that no more than 4% of the assets of the fund may be paid out in
any one year; and
(e) for the governance, independent oversight and transparent
reporting of the activities of the fund.”
LORD JENKIN OF RODING
LORD BERKELEY
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 the data provided under subsection (1) and
assess—
(a) the 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 to significantly impact the cost of
products; and
(c) differences in affordability between different groups of consumers,
if any.
(5) The Treasury must publish the 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 Part—
“consumer” means any individual or household of individuals that
purchases a product or products;
“product” means a good or service the provision of which is regulated
by a regulator;
a “regulator” means any of—
(a) the Northern Ireland Authority for Utility Regulation;
(b) the Office of Communications;
(c) the Office of Gas and Electricity Markets;
(d) the Office of Rail Regulation;
(e) the Water Industry Commission for Scotland; and
(f) the Water Services Regulation Authority,
and “the regulators” means all of them.”
Clause 40
BARONESS KRAMER
Page 42, line 37, at end insert—
“(1A) In Part 1A (powers of British Transport Police Force)—
(a) section (Powers of British Transport Police Force)(1) extends to
England and Wales only, and
(b) section (Powers of British Transport Police Force)(2) extends to
England and Wales and Scotland.”
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)”
LORD WIGLEY
Page 43, line 4, leave out “32” and insert “33”
BARONESS KRAMER
Page 43, line 4, after “38” insert “, section (Renewable heat incentives)”
Clause 41
BARONESS KRAMER
Page 43, line 14, at end insert—
“(1A) Part 1A (powers of British Transport Police Force) comes into force at the
end of the period of two months beginning with the day on which this Act
is passed.”
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”
LORD JENKIN OF RODING
Page 43, line 35, leave out “sections 27 and 28”
BARONESS KRAMER
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”
LORD JENKIN OF RODING
Page 43, line 35, leave out “and Schedule 5”
BARONESS KRAMER
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;”