Infrastructure Bill [HL]

THIRD
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
Clauses 28 to 31
Schedule 4
Schedule 6
Clauses 24 to 27
Clauses 32 to 42
Schedule 5

[Amendments marked * are new or have been altered]

Clause 30

BARONESS WORTHINGTON

113A*

Page 31, line 8, after “petroleum” insert “and the co-ordination of the
transportation and storage of CO2”

113B*

Page 31, line 17, at end insert—

“(c)   the establishment of a strategic vision for the permanent
storage of CO2 in depleted fields”

BARONESS KRAMER

113C

Page 31, line 22, leave out from beginning to end of line 39

113D

Page 32, line 20, leave out from “holder” to end of line 23

113E

Page 32, line 27, leave out from “licence” to end of line 30

113F

Page 32, line 36, leave out from “infrastructure)” to end of line 39

Before Clause 32

BARONESS WORTHINGTON

LORD DAVIES OF OLDHAM

113G*

Insert the following new Clause—

“Underground access: environmental protection

(1)     All sites extracting petroleum under the provisions of section 32 must—

(a)   carry out an Environmental Impact Assessment,

(b)   ensure that independent inspections are carried out of the integrity
of wells used,

(c)   publicly disclose the chemicals used for the extraction process, and
the proportions in which they are used on a well-by-well basis,

(d)   consult with the relevant water company, and

(e)   carry out monitoring over the previous 12 month period.

(2)     The Secretary of State must by regulation specify what data shall be
required under paragraph (e).

(3)     Regulations under subsection (2) must specify as required data the levels
of methane in the groundwater and ecological studies, that data shall
include but is not limited to levels of methane in the groundwater and
ecological studies.

(4)     Regulations under subsection (2) must be made by statutory instrument
and may not be made unless a draft of the instrument has been laid before
and approved by a resolution of each House of Parliament.”

Clause 32

BARONESS YOUNG OF OLD SCONE

113H

Page 38, line 8, at end insert—

“(c)   outside—

(i)   Special Areas of Conservation as designated under
European Council Directive 92/43/EEC;

(ii)   Special Protection Areas as classified under European
Council Directive 2009/147/EC;

(iii)   land which is functionally linked to Special Protection Areas
and Special Areas of Conservation;

(iv)   Sites of Special Scientific Interest;

(v)   National Parks;

(vi)   the Broads;

(vii)   Areas of Outstanding Natural Beauty; and

(viii)   World Heritage Sites.”

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.”

BARONESS WORTHINGTON

LORD DAVIES OF OLDHAM

115A*

Page 38, line 15, at end insert—

“(6)     No later than 6 months after the passing of this Act, the Secretary of State
must, in consultation with the Committee on Climate Change, publish a
report on fugitive green-house gas emissions from on-shore energy
extraction in the UK.

(7)     The report must include an assessment of—

(a)   proposals to place an obligation on operators for the site-by-site
measurement and monitoring of existing and future fugitive
emissions,

(b)   proposals for the public disclosure of these findings,

(c)   the capacity of the Secretary of State, under existing powers, to
respond to the findings in paragraph (b) in a way which safeguards
existing climate change commitments and carbon budgets, and

(d)   potential additional resourcing required by the relevant regulators
and how those costs will be recovered from the operators.”

LORD WIGLEY

115B*

Leave out Clause 32

Clause 33

LORD WIGLEY

115C*

Leave out Clause 33

Clause 34

LORD WHITTY

LORD JUDD

115D*

Page 39, line 18, at end insert—

“( )     The regulations must require contributions to the contingency fund or
funds from relevant energy undertakings which are sufficient to meet—

(a)   any loss caused directly or indirectly by the operation of the oil and
gas activity;

(b)   the costs of—

(i)   remediation;

(ii)   enforcement action against the relevant energy
undertaking;

(iii)   other measures taken by a public authority in respect of, or
in consequence of the loss, or the activity which gave rise to
the loss.

( )     The regulations must ensure that the contingency fund is protected in the
event of the insolvency of a relevant energy undertaking which has made
payments to the fund.”

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

LORD WHITTY

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.”

BARONESS WORTHINGTON

LORD DAVIES OF OLDHAM

119A*

Insert the following new Clause—

“Application of duty to limit emissions

(1)     The Energy Act 2013 is amended as follows.

(2)     In Schedule 4 (application and modification of emission limit duty), after
paragraph 1(1)(b)(ii) at end insert—

“(iii)   substantial pollution abatement equipment dealing
with oxides of sulphur, oxides of nitrogen, heavy
metal emissions or particles is fitted to the
generating station.””

Clause 39

BARONESS KRAMER

119B

Page 42, line 9, leave out “or 35” and insert “, 35 or 36”

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”

131A

Page 43, line 42, leave out “or (3)(a) or (b)(ii)” and insert “, (3)(a) or (b)(ii) or (5)(b)”

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 7th November 2014