hl15089.1-7

House of Lords

Session 2014 - 15
Internet Publications
Other Bills before Parliament

Infrastructure Bill [HL]

Infrastructure Bill [HL]
Commons Amendments
[The page and line references are to Bill 124, the bill as first printed for the Commons.]
After Clause 3
Insert the following new Clause—
“Route strategies
(1)
The Secretary of State must from time to time direct a strategic highways
company to prepare proposals for the management and development of
particular highways in respect of which the company is appointed (“a route
strategy”).
(2)
A route strategy must relate to such period as the Secretary of State may
direct.
(3)
The strategic highways company must—
(a)
comply with a direction given to it under subsection (1), and
(b)
publish the route strategy in such manner as the company considers
appropriate.
(4)
A direction under subsection (1) must be published by the Secretary of
State in such manner as he or she considers appropriate.”
Clause 9
Page 6, line 28, at end insert “, and
(c)
the effect of directions and guidance given by the Secretary of State
to a strategic highways company under this Part.”
Page 6, line 42, at end insert—
“(8)
The Secretary of State must lay a report published by the Office under this
section before Parliament.”
Page 6, line 42, at end insert—

HL Bill 89

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“(9)
In Part 2 (Office of Rail Regulation) of the Railways and Transport Safety

Act 2003, after section 15 insert—

“15A
Change of name

(1)
The Secretary of State may by regulations make provision for the

body established by section 15 to be known by a different name.

(2)
Regulations under this section may amend this Act or any other

enactment, whenever passed or made.

(3)
Regulations under this section are to be made by statutory

instrument.

(4)
A statutory instrument which contains regulations under this

section is subject to annulment in pursuance of a resolution of either

House of Parliament.””
After Clause 12
Insert the following new Clause—
“Periodic reports by the Secretary of State
(1)
The Secretary of State must from time to time prepare and publish reports
on the manner in which a strategic highways company exercises its
functions.
(2)
The Secretary of State must lay a report prepared under subsection (1)
before Parliament.”
After Clause 18
Insert the following new Clause—
“Cycling and Walking Investment Strategies
(1)
The Secretary of State may at any time—
(a)
set a Cycling and Walking Investment Strategy for England, 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 a Strategy for a period of
more than five years must be reviewed at least once every five years.
(3)
A Cycling and Walking Investment Strategy must specify—
(a)
objectives to be achieved during the period to which it relates, and
(b)
the financial resources to be made available 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.

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(5)
Before setting or varying a Cycling and Walking Investment Strategy the

Secretary of State must consult such persons as he or she considers

appropriate.

(6)
In considering whether to vary a Cycling and Walking Investment Strategy

the Secretary of State must have regard to the desirability of maintaining

certainty and stability in respect of Cycling and Walking Investment

Strategies.

(7)
A Cycling and Walking Investment Strategy must be published in such

manner as the Secretary of State considers appropriate.

(8)
Where a Cycling and Walking Investment Strategy has been published the

Secretary of State must from time to time lay before Parliament a report on

progress towards meeting its objectives.

(9)
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 Strategy as soon as may be reasonably practicable.”
Clause 20
Page 13, line 8, at end insert “or
(c)
a person who for the time being exercises powers of management
or control over the land.”
Page 14, line 23, at end insert—
“Notice of compliance
8A
Where an environmental authority considers that an owner of premises
has complied with all the requirements in a species control agreement to
carry out species control operations, the authority must give the owner
notice to that effect.”
Clause 21
Page 23, line 4, at end insert—
“NOTE. The common name or names given in the first column of this Schedule are
included by way of guidance only; in the event of any dispute or proceedings, the
common name or names shall not be taken into account.”
Page 23, line 8, at end insert—

“Beaver, Eurasian (but not in
         Castor fiber”

relation to Wales)

Page 23, line 9, at end insert—
“NOTE. The common name or names given in the first column of this Schedule are
included by way of guidance only; in the event of any dispute or proceedings, the
common name or names shall not be taken into account.”

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After Clause 26
Insert the following new Clause—
“Mayoral development orders
(1)
Schedule (Mayoral development orders) (Mayoral development orders) has
effect.
(2)
The Secretary of State may by regulations make consequential provision in
connection with any provision made by that Schedule.
(3)
Regulations under this section may amend, repeal, revoke or otherwise
modify the application of any enactment (but, in the case of an Act, only if
the Act was passed before the end of the Session in which this Act is
passed).
(4)
In this section “enactment” includes an enactment comprised in
subordinate legislation within the meaning of the Interpretation Act 1978.”
Clause 28
Page 33, line 21, leave out “which is” and insert “the freehold interest in which
was”
After Clause 28
Insert the following new Clause—
“Expenditure of Greater London Authority on housing or regeneration
(1)
In section 31 of the Greater London Authority Act 1999 (limits of the
general power) after subsection (5A) insert—
“(5B)
Nothing in subsection (1)(a) above shall be taken to prevent the
Authority incurring expenditure in doing anything for the
purposes of, or relating to, housing or regeneration.”
(2)
The amendment made by subsection (1) applies in relation to expenditure
incurred before as well as after the coming into force of this section.”
Clause 38
Page 45, line 23, leave out subsection (5)
Clause 39
Page 46, line 12, leave out “or delict”
Clause 42
Page 47, line 39, leave out “the Scottish Ministers or”

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Clause 43
Page 48, line 34, leave out from “area”” to end of line 36 and insert “means those
parts of the landward area (within the meaning of the Petroleum Licensing
(Exploration and Production) (Landward Areas) Regulations 2014) that are in
England and Wales or are beneath waters (other than waters adjacent to
Scotland);”
Page 48, line 46, leave out from beginning to end of line 47
After Clause 43
Insert the following new Clause—
“Advice on likely impact of onshore petroleum on the carbon budget
(1)
The Secretary of State must from time to time request the Committee on
Climate Change to provide advice (in accordance with section 38 of the
CCA 2008) on the impact which combustion of, and fugitive emissions
from, petroleum got through onshore activity is likely to have on the
Secretary of State’s ability to meet the duties imposed by—
(a)
section 1 of the CCA 2008 (net UK carbon account target for 2050),
and
(b)
section 4(1)(b) of the CCA 2008 (UK carbon account not to exceed
carbon budget).
(2)
As soon as practicable after each reporting period, the Secretary of State
must produce a report setting out the conclusions that the Secretary of State
has reached after considering the advice provided by the Committee on
Climate Change during that reporting period in response to any request
made under subsection (1).
(3)
The Secretary of State must lay a copy of any such report before Parliament.
(4)
In this section—
“CCA 2008” means the Climate Change Act 2008;
“petroleum got through onshore activity” means petroleum got from
the strata in which it exists in its natural condition by activity
carried out on land in England and Wales (excluding land covered
by the sea or any tidal waters);
“petroleum” has the same meaning as in Part 1 of the Petroleum Act
1998 (see section 1 of that Act);
“reporting period” means—
(a)
the period ending with 1 April 2016, and
(b)
each subsequent period of 5 years.”
Insert the following new Clause—
“Hydraulic fracturing: necessary conditions
Any hydraulic fracturing activity can not take place:
(a)
unless an environmental impact assessment has been carried out;
(b)
unless independent inspections are carried out of the integrity of
wells used;

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(c)
unless monitoring has been undertaken on the site over the

previous 12 month period;

(d)
unless site-by-site measurement, monitoring and public disclosure

of existing and future fugitive emissions is carried out;

(e)
in land which is located within the boundary of a groundwater

source protection zone;

(f)
within or under protected areas;

(g)
in deep-level land at depths of less than 1,000 metres;

(h)
unless planning authorities have considered the cumulative impact

of hydraulic fracturing activities in the local area;

(i)
unless a provision is made for community benefit schemes to be

provided by companies engaged in the extraction of gas and oil

rock;

(j)
unless residents in the affected area are notified on an individual

basis;

(k)
unless substances used are subject to approval by the Environment

Agency;

(l)
unless land is left in a condition required by the planning authority;

and

(m)
unless water companies are consulted by the planning authority.”
After Clause 44
Insert the following new Clause—
“Reimbursement of persons who have met expenses of making electrical
connections
(1)
The Electricity Act 1989 is amended in accordance with this section.
(2)
In section 19 (power to recover expenditure)—
(a)
omit subsections (2) and (3);
(b)
after subsection (3) insert—
“(3A)
Schedule 5B (reimbursement of persons who have met
expenses) has effect.”;
(c)
in subsection (4), after “this section” insert “and Schedule 5B”.
(3)
After Schedule 5A insert—
“SCHEDULE 5B
Reimbursement of persons who have met expenses
Power to make regulations
1    (1)
The Secretary of State may, by regulations, make provision
entitling the relevant electricity distributor to exercise the
reimbursement powers in cases where conditions A, B, C and D
are met.

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      (2)
Condition A is met if any electric line or electrical plant is

provided for the purpose of making a connection (the “first

connection”)—

(a)
between premises and a distribution system, or

(b)
between two distribution systems.

      (3)
Condition B is met if a payment in respect of first connection

expenses is made by one or more of the following persons—

(a)
a person requiring the first connection in pursuance of

section 16(1);

(b)
a person who otherwise causes the first connection to be

made (including by means of contractual arrangements).

      (4)
Condition C is met if any electric line or electric plant provided

for the purpose of making the first connection is used for the

purpose of making another connection (the “second

connection”)—

(a)
between premises and a distribution system, or

(b)
between two distribution systems.

      (5)
Condition D is met if the second connection is made within the

prescribed period after the first connection was made.

      (6)
“First connection expenses” are any expenses reasonably

incurred by a person in providing any electric line or electric

plant for the purpose of making the first connection.

      (7)
It does not matter whether the first connection, or the second

connection, is made by an electricity distributor or a person of

another description.

The reimbursement powers

2    (1)
The “reimbursement powers” are—

(a)
the power to demand a reimbursement payment from—

(i)
a person requiring the second connection in

pursuance of section 16(1), or

(ii)
a person who otherwise causes the second

connection to be made (including by means of

contractual arrangements); and

(b)
the power to apply the reimbursement payment in

making such payments as may be appropriate towards

reimbursing any persons for any payments they were

previously required to make in respect of first connection

expenses (whether that requirement arose by virtue of

paragraph (a) or otherwise).

      (2)
A “reimbursement payment” is a payment, of such amount as

may be reasonable in all the circumstances, in respect of first

connection expenses.

Other provision about regulations under this Schedule

3    (1)
The Secretary of State must consult the Authority before making

regulations under this Schedule.