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[The page and line references are to Bill 124, the bill as first printed for the Commons.] |
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Insert the following new Clause— |
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(1) | The Secretary of State must from time to time direct a strategic highways |
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company to prepare proposals for the management and development of |
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particular highways in respect of which the company is appointed (“a route |
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(2) | A route strategy must relate to such period as the Secretary of State may |
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(3) | The strategic highways company must— |
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(a) | comply with a direction given to it under subsection (1), and |
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(b) | publish the route strategy in such manner as the company considers |
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(4) | A direction under subsection (1) must be published by the Secretary of |
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State in such manner as he or she considers appropriate.” |
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Page 6, line 28, at end insert “, and |
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(c) | the effect of directions and guidance given by the Secretary of State |
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to a strategic highways company under this Part.” |
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Page 6, line 42, at end insert— |
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“(8) | The Secretary of State must lay a report published by the Office under this |
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section before Parliament.” |
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Page 6, line 42, at end insert— |
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| “(9) | In Part 2 (Office of Rail Regulation) of the Railways and Transport Safety |
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| Act 2003, after section 15 insert— |
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| (1) | The Secretary of State may by regulations make provision for the |
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| body established by section 15 to be known by a different name. |
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| (2) | Regulations under this section may amend this Act or any other |
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| enactment, whenever passed or made. |
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| (3) | Regulations under this section are to be made by statutory |
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| (4) | A statutory instrument which contains regulations under this |
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| section is subject to annulment in pursuance of a resolution of either |
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Insert the following new Clause— |
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“Periodic reports by the Secretary of State |
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(1) | The Secretary of State must from time to time prepare and publish reports |
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on the manner in which a strategic highways company exercises its |
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(2) | The Secretary of State must lay a report prepared under subsection (1) |
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Insert the following new Clause— |
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“Cycling and Walking Investment Strategies |
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(1) | The Secretary of State may at any time— |
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(a) | set a Cycling and Walking Investment Strategy for England, or |
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(b) | vary a Strategy which has already been set. |
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(2) | A Cycling and Walking Investment Strategy is to relate to such period as |
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the Secretary of State considers appropriate; but a Strategy for a period of |
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more than five years must be reviewed at least once every five years. |
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(3) | A Cycling and Walking Investment Strategy must specify— |
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(a) | objectives to be achieved during the period to which it relates, and |
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(b) | the financial resources to be made available by the Secretary of State |
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for the purpose of achieving those objectives. |
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(4) | The objectives to be achieved may include— |
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(a) | activities to be performed; |
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(b) | results to be achieved; |
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| (5) | Before setting or varying a Cycling and Walking Investment Strategy the |
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| Secretary of State must consult such persons as he or she considers |
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| (6) | In considering whether to vary a Cycling and Walking Investment Strategy |
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| the Secretary of State must have regard to the desirability of maintaining |
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| certainty and stability in respect of Cycling and Walking Investment |
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| (7) | A Cycling and Walking Investment Strategy must be published in such |
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| manner as the Secretary of State considers appropriate. |
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| (8) | Where a Cycling and Walking Investment Strategy has been published the |
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| Secretary of State must from time to time lay before Parliament a report on |
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| progress towards meeting its objectives. |
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| (9) | If a Cycling and Walking Investment Strategy is not currently in place, the |
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| (a) | lay before Parliament a report explaining why a Strategy has not |
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| (b) | set a Strategy as soon as may be reasonably practicable.” |
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Page 13, line 8, at end insert “or |
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(c) | a person who for the time being exercises powers of management |
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or control over the land.” |
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Page 14, line 23, at end insert— |
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8A | Where an environmental authority considers that an owner of premises |
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has complied with all the requirements in a species control agreement to |
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carry out species control operations, the authority must give the owner |
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Page 23, line 4, at end insert— |
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“NOTE. The common name or names given in the first column of this Schedule are |
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included by way of guidance only; in the event of any dispute or proceedings, the |
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common name or names shall not be taken into account.” |
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Page 23, line 8, at end insert— |
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| “Beaver, Eurasian (but not in |
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Page 23, line 9, at end insert— |
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“NOTE. The common name or names given in the first column of this Schedule are |
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included by way of guidance only; in the event of any dispute or proceedings, the |
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common name or names shall not be taken into account.” |
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Insert the following new Clause— |
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“Mayoral development orders |
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(1) | Schedule (Mayoral development orders) (Mayoral development orders) has |
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(2) | The Secretary of State may by regulations make consequential provision in |
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connection with any provision made by that Schedule. |
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(3) | Regulations under this section may amend, repeal, revoke or otherwise |
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modify the application of any enactment (but, in the case of an Act, only if |
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the Act was passed before the end of the Session in which this Act is |
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(4) | In this section “enactment” includes an enactment comprised in |
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subordinate legislation within the meaning of the Interpretation Act 1978.” |
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Page 33, line 21, leave out “which is” and insert “the freehold interest in which |
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Insert the following new Clause— |
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“Expenditure of Greater London Authority on housing or regeneration |
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(1) | In section 31 of the Greater London Authority Act 1999 (limits of the |
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general power) after subsection (5A) insert— |
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“(5B) | Nothing in subsection (1)(a) above shall be taken to prevent the |
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Authority incurring expenditure in doing anything for the |
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purposes of, or relating to, housing or regeneration.” |
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(2) | The amendment made by subsection (1) applies in relation to expenditure |
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incurred before as well as after the coming into force of this section.” |
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Page 45, line 23, leave out subsection (5) |
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Page 46, line 12, leave out “or delict” |
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Page 47, line 39, leave out “the Scottish Ministers or” |
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Page 48, line 34, leave out from “area”” to end of line 36 and insert “means those |
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parts of the landward area (within the meaning of the Petroleum Licensing |
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(Exploration and Production) (Landward Areas) Regulations 2014) that are in |
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England and Wales or are beneath waters (other than waters adjacent to |
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Page 48, line 46, leave out from beginning to end of line 47 |
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Insert the following new Clause— |
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“Advice on likely impact of onshore petroleum on the carbon budget |
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(1) | The Secretary of State must from time to time request the Committee on |
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Climate Change to provide advice (in accordance with section 38 of the |
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CCA 2008) on the impact which combustion of, and fugitive emissions |
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from, petroleum got through onshore activity is likely to have on the |
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Secretary of State’s ability to meet the duties imposed by— |
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(a) | section 1 of the CCA 2008 (net UK carbon account target for 2050), |
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(b) | section 4(1)(b) of the CCA 2008 (UK carbon account not to exceed |
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(2) | As soon as practicable after each reporting period, the Secretary of State |
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must produce a report setting out the conclusions that the Secretary of State |
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has reached after considering the advice provided by the Committee on |
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Climate Change during that reporting period in response to any request |
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made under subsection (1). |
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(3) | The Secretary of State must lay a copy of any such report before Parliament. |
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“CCA 2008” means the Climate Change Act 2008; |
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“petroleum got through onshore activity” means petroleum got from |
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the strata in which it exists in its natural condition by activity |
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carried out on land in England and Wales (excluding land covered |
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by the sea or any tidal waters); |
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“petroleum” has the same meaning as in Part 1 of the Petroleum Act |
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1998 (see section 1 of that Act); |
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“reporting period” means— |
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(a) | the period ending with 1 April 2016, and |
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(b) | each subsequent period of 5 years.” |
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Insert the following new Clause— |
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“Hydraulic fracturing: necessary conditions |
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Any hydraulic fracturing activity can not take place: |
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(a) | unless an environmental impact assessment has been carried out; |
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(b) | unless independent inspections are carried out of the integrity of |
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| (c) | unless monitoring has been undertaken on the site over the |
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| previous 12 month period; |
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| (d) | unless site-by-site measurement, monitoring and public disclosure |
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| of existing and future fugitive emissions is carried out; |
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| (e) | in land which is located within the boundary of a groundwater |
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| (f) | within or under protected areas; |
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| (g) | in deep-level land at depths of less than 1,000 metres; |
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| (h) | unless planning authorities have considered the cumulative impact |
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| of hydraulic fracturing activities in the local area; |
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| (i) | unless a provision is made for community benefit schemes to be |
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| provided by companies engaged in the extraction of gas and oil |
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| (j) | unless residents in the affected area are notified on an individual |
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| (k) | unless substances used are subject to approval by the Environment |
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| (l) | unless land is left in a condition required by the planning authority; |
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| (m) | unless water companies are consulted by the planning authority.” |
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Insert the following new Clause— |
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“Reimbursement of persons who have met expenses of making electrical |
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(1) | The Electricity Act 1989 is amended in accordance with this section. |
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(2) | In section 19 (power to recover expenditure)— |
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(a) | omit subsections (2) and (3); |
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(b) | after subsection (3) insert— |
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“(3A) | Schedule 5B (reimbursement of persons who have met |
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(c) | in subsection (4), after “this section” insert “and Schedule 5B”. |
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(3) | After Schedule 5A insert— |
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Reimbursement of persons who have met expenses |
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Power to make regulations |
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1 (1) | The Secretary of State may, by regulations, make provision |
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entitling the relevant electricity distributor to exercise the |
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reimbursement powers in cases where conditions A, B, C and D |
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| (2) | Condition A is met if any electric line or electrical plant is |
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| provided for the purpose of making a connection (the “first |
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| (a) | between premises and a distribution system, or |
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| (b) | between two distribution systems. |
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| (3) | Condition B is met if a payment in respect of first connection |
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| expenses is made by one or more of the following persons— |
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| (a) | a person requiring the first connection in pursuance of |
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| (b) | a person who otherwise causes the first connection to be |
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| made (including by means of contractual arrangements). |
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| (4) | Condition C is met if any electric line or electric plant provided |
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| for the purpose of making the first connection is used for the |
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| purpose of making another connection (the “second |
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| (a) | between premises and a distribution system, or |
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| (b) | between two distribution systems. |
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| (5) | Condition D is met if the second connection is made within the |
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| prescribed period after the first connection was made. |
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| (6) | “First connection expenses” are any expenses reasonably |
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| incurred by a person in providing any electric line or electric |
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| plant for the purpose of making the first connection. |
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| (7) | It does not matter whether the first connection, or the second |
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| connection, is made by an electricity distributor or a person of |
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| 2 (1) | The “reimbursement powers” are— |
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| (a) | the power to demand a reimbursement payment from— |
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| (i) | a person requiring the second connection in |
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| pursuance of section 16(1), or |
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| (ii) | a person who otherwise causes the second |
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| connection to be made (including by means of |
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| contractual arrangements); and |
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| (b) | the power to apply the reimbursement payment in |
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| making such payments as may be appropriate towards |
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| reimbursing any persons for any payments they were |
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| previously required to make in respect of first connection |
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| expenses (whether that requirement arose by virtue of |
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| paragraph (a) or otherwise). |
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| (2) | A “reimbursement payment” is a payment, of such amount as |
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| may be reasonable in all the circumstances, in respect of first |
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| Other provision about regulations under this Schedule |
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| 3 (1) | The Secretary of State must consult the Authority before making |
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| regulations under this Schedule. |
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