Infrastructure Bill [HL]

SECOND
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—

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 17

LORD ADONIS

86A*

Insert the following new Clause—

“National Infrastructure Commission

There shall be an independent National Infrastructure Commission.”

86B*

Insert the following new Clause—

“National infrastructure projects: new towns

(1)     The objects of a development corporation established for the purpose of
creating a new town shall be to secure the physical laying out of
infrastructure and the long-term sustainable development of the new
town.

(2)     In this section, “sustainable development” means managing the use,
development and protection of land and natural resources in a way which
enables people and communities to provide for their legitimate social,
economic and cultural wellbeing while sustaining the potential of future
generations to meet their own needs.

(3)     In achieving sustainable development, development corporations
should—

(a)   positively identify suitable land for development in line with the
economic, social and environmental objectives so as to improve the
quality of life, wellbeing and health of people and the community;

(b)   contribute to the sustainable economic development of the town;

(c)   contribute to the cultural and artistic development of the town;

(d)   protect and enhance the natural and historic environment;

(e)   contribute to mitigation and adaptation of climate change
consistent with the objectives of the Climate Change Act 2008;

(f)   promote high quality and inclusive design;

(g)   ensure that decision-making is open, transparent, participative and
accountable; and

(h)   ensure that assets are managed in the long-term interest of the
community.

(4)     In this section “infrastructure” includes—

(a)   water, electricity, gas, telecommunications, sewerage and other
services;

(b)   roads, railways and other transport facilities;

(c)   retail and other business facilities;

(d)   health, educational, employment and training facilities;

(e)   social, religious, recreational and cultural facilities;

(f)   green infrastructure and ecosystems;

(g)   cremation and burial facilities; and

(h)   community facilities not falling within paragraphs (a) to (f); and

“land” is defined as including all the matters set out in the definition
of “land” in Schedule 1 to the Interpretation Act 1978, and also
housing including (where the context permits) any yard, garden,
outhouses and appurtenances belonging to, or usually enjoyed
with, the building or part of building concerned.”

Clause 20

LORD MCKENZIE OF LUTON

86C*

Page 22, line 8, at end insert—

“(e)   in relation to any condition designed to mitigate direct
impacts on public amenity, health or wellbeing.”

After Clause 20

BARONESS WHITAKER

THE EARL OF LYTTON

LORD JENKIN OF RODING

LORD TYLER

87

Insert the following new Clause—

“Sustainable development and design

In section 10(3) of the Planning Act 2008 (sustainable development), omit
the words “the desirability of”.”

Clause 21

BARONESS KRAMER

88

Page 22, line 35, at end insert—

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

89

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

90

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

BARONESS ROYALL OF BLAISDON

THE LORD BISHOP OF ST ALBANS

90A*

Page 23, line 18, at end insert—

“(8)     This section and section 53B do not have effect in relation to
property, rights or liabilities comprising the whole or any part of
the Public Forest Estate.

(9)     The Public Forest Estate comprises all the land, property, rights and
liabilities acquired by the Minister under section 39 of the Forestry
Act 1967, including all such land not needed, or not used, for the
purpose of afforestation or any purpose connected with forestry.”

BARONESS KRAMER

91

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

92

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.


23

(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


29

(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.””

LORD BERKELEY

[Amendment 92A is an amendment to Amendment 92]

92A*


Leave out lines 23 to 29

Clause 22

BARONESS KRAMER

93

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

LORD TOPE

93A*

Page 25, line 34, leave out subsection (11) and insert—

“(11)    The amendments made by this section apply in relation to any land to
which section 11 of and Schedule 3 to the Housing and Regeneration Act
2008 or section 26 of and Schedule 6 to the Regional Development Agencies
Act 1998 applied.”

BARONESS KRAMER

94

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

95

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.”

Clause 23

LORD MCKENZIE OF LUTON

95A*

Page 26, line 2, at end insert—

“(3)     This section shall not come into force until the Secretary of State has laid a
report before both Houses of Parliament on the effects of the transferral of
responsibility for local land charges to the Land Registry, and the report
shall include—

(a)   an implementation plan;

(b)   an assessment of the impact it will have on local authorities.”

LORD GREAVES

LORD MCKENZIE OF LUTON

95B*

Leave out Clause 23

Before Schedule 4

LORD BERKELEY

LORD TEVERSON

96

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

97

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.”

98

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

(a)   ”

99

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,”

LORD GREAVES

99A*

Leave out Schedule 4

Clause 24

LORD GREAVES

99B*

Leave out Clause 24

Clause 26

BARONESS KRAMER

100

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

101

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

LORD MCKENZIE OF LUTON

101A*

Page 26, line 29, at end insert—

“( )     The provisions in section 1(1A)(d) of the Building Act 1984
regarding action to be taken as a result of the building’s
contribution to or effect on emissions of carbon dioxide shall apply
to—

(a)   all buildings and developments consisting of ten or more
properties, or

(b)   from 2018 all buildings or developments of any size.”

BARONESS KRAMER

102

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

103

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

104

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

105

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.”

106

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.”

107

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

108

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).”

THE LORD BISHOP OF ST ALBANS

108A*

Insert the following new Clause—

“Carbon compliance standard for new homes

(1)     The Secretary of State must within six months of the passing of this Act
make regulations under section 1(1) of the Building Act 1984 for the
purpose of ensuring that all new homes built from 2016 achieve a carbon
compliance standard.

(2)     For the purpose of subsection (1), “carbon compliance standard” means an
improvement on the target carbon dioxide emission rate as set out in the
Building Regulations 2006 of—

(a)   60% in the case of detached houses;

(b)   56% in the case of attached houses;

(c)   44% in the case of flats.

(3)     Any further regulations made by the Secretary of State requiring persons
constructing new homes to achieve reductions in carbon dioxide emissions
elsewhere than on the site of such homes shall only be applicable in
circumstances where the improvements set out in subsection (2) have been
achieved.”

Clause 27

LORD JENKIN OF RODING

109

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.”

110

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.”

111

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.”

112

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.”

113

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

114

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

115

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

116

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

117

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

118

Insert the following new Clause—

“Revenue from shale gas: sovereign wealth fund

(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

119

Insert the following new Clause—

“PART 4A

IMPACT OF INFRASTRUCTURE SPENDING ON COSTS FOR CONSUMERS

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

120

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.”

121

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

122

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

LORD WIGLEY

123

Page 43, line 4, leave out “32” and insert “33”

BARONESS KRAMER

124

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

Clause 41

BARONESS KRAMER

125

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.”

126

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

127

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

LORD JENKIN OF RODING

128

Page 43, line 35, leave out “sections 27 and 28”

BARONESS KRAMER

129

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

130

Page 43, line 35, leave out “and Schedule 5”

BARONESS KRAMER

131

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

132

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

In the Title

BARONESS KRAMER

133

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

Prepared 4th November 2014