Energy Bill [HL]

Second
Marshalled
List of Amendments
to be moved
in committee

The amendments have been marshalled in accordance with the Instruction of 22nd July 2015, as follows—

Clauses 37 to 63
Title

[Amendments marked * are new or have been altered]

Clause 40

LORD BOURNE OF ABERYSTWYTH

32

Page 22, line 6, at end insert—

“( )     The OGA must lay any guidance issued under this section, and any
revision of it, before each House of Parliament.”

After Clause 56

LORD BOURNE OF ABERYSTWYTH

33


Insert the following new Part—

““PART 2A

INFRASTRUCTURE

Requirements to provide information

(1)     The Energy Act 2011 is amended as follows.

(2)      In section 87 (powers to require information), after subsection (5) insert—

“(5A)    A notice under subsection (1), (2) or (3) that imposes a requirement
on a person must specify when the requirement is to be complied
with.”

(3)      After that section insert—

“87A          Appeals against requirements to provide information

(1)     Any person on whom a requirement is imposed by a notice under
section 87(1), (2) or (3) may appeal against the notice to the Tribunal
on the grounds that—

(a)   the information required by the notice is not relevant to the
exercise by the OGA of its functions under this Chapter, or

(b)   the length of time given to comply with the notice is
unreasonable.

(2)      On an appeal under this section the Tribunal may—

(a)   confirm, vary or cancel the notice, or

(b)   remit the matter under appeal to the OGA for
reconsideration with such directions (if any) as the Tribunal
considers appropriate.

(3)     In this section “the Tribunal” means the First-tier Tribunal.

87B          Sanctions for failure to provide information

(1)     A requirement imposed by a notice under section 87(1), (2) or (3) is
to be treated for the purposes of Chapter 5 of Part 2 of the Energy
Act 2016 (power of the OGA to impose sanctions) as a petroleum-
related requirement.

(2)     But the OGA may not give a revocation notice or an operator
removal notice under that Chapter by virtue of this section.””

34

Insert the following new Clause—

“Applications to use infrastructure: changes of applicant and owner

(1)     The Energy Act 2011 is amended as follows.

(2)     In section 82(13) (contents of notice securing rights to use infrastructure),
omit paragraph (b).

(3)      In section 87(6) (circumstances in which information may be disclosed)—

(a)    omit the “or” at the end of paragraph (a), and

(b)    after paragraph (b) insert “or

(c)   the disclosure is made under section 89A or 89B.”

(4)      After section 89 insert—

“89A          Assignments and assignations of applications

(1)      This section applies where—

(a)   there is an assignment or assignation of an application made
under section 82 from one person (“A”) to another (“B”), and

(b)   the following are notified of the assignment or
assignation—

(i)   the owner of the pipeline or facility that is the subject
of the application, and

(ii)   the OGA.

(2)      A notice under subsection (1)(b) must—

(a)   be in writing, and

(b)   specify the date of the assignment or assignation.

(3)     For the purposes of this Chapter, anything done (or treated as done)
by or in relation to A in connection with the application is treated
after the assignment or assignation as having been done by or in
relation to B.

This subsection is subject to subsections (4) and (5) and does not
apply for the purposes of subsections (6) and (7).

(4)     Any provision of this Chapter that requires the OGA to give the
applicant an opportunity to be heard has effect after the assignment
or assignation as requiring the OGA to give B an opportunity to be
heard (whether or not the applicant was heard under that provision
before the assignment or assignation).

(5)     Subsection (3) does not apply in relation to any notice given under
section 87 before the assignment or assignation (and, accordingly,
the person to whom the notice was given remains under an
obligation to comply with it).

(6)     Any information relating to the application obtained by the OGA
before the assignment or assignation from any person who at the
time was the applicant may be disclosed to B.

(7)     Before disclosing any such information to B, the OGA must remove
any information which the OGA considers may prejudice the
commercial interests of the person from whom the information was
obtained.

89B          Transfers of ownership

(1)     This section applies where the ownership of a pipeline or facility
that is the subject of an application under section 82, or to which a
notice under subsection (11) of that section relates, is transferred
from one person (“C”) to another (“D”).

(2)      For the purposes of this Chapter—

(a)   anything done (or treated as done) by or in relation to C in
connection with C’s ownership of the pipeline or facility is
treated after the transfer as having been done by or in
relation to D, and

(b)   any obligations imposed or rights conferred (or treated as
imposed or conferred) by or under this Chapter on C in
connection with C’s ownership of the pipeline or facility are
treated after the transfer as imposed or conferred on D.

This subsection is subject to subsections (3) and (4) and does not
apply for the purposes of subsections (5) and (6).

(3)     Any provision of this Chapter that requires the OGA to give the
owner of the pipeline or facility an opportunity to be heard has
effect after the transfer as requiring the OGA to give D an
opportunity to be heard (whether or not the owner was heard
under that provision before the transfer).

(4)     Subsection (2) does not affect the obligation to comply with any
notice given under section 87 before the transfer (and, accordingly,
the person to whom the notice was given remains under an
obligation to comply with it).

(5)     Any information relating to the application obtained by the OGA
before the transfer from any person who at the time was the owner
may be disclosed to D.

(6)     Before disclosing any such information to D, the OGA must remove
any information which the OGA considers may prejudice the
commercial interests of the person from whom the information was
obtained.””

After Clause 58

LORD OXBURGH

BARONESS WORTHINGTON

LORD TEVERSON

34A

Insert the following new Clause—

“Carbon capture and storage

Within one year of the coming into force of this Act, the Government shall
undertake a consultation on measures requiring extractors and importers
of petroleum to contribute to the development of carbon capture and
storage.”

Clause 59

LORD WHITTY

 

Lord Whitty gives notice of his intention to oppose the Question that Clause 59 stand part
of the Bill.

Clause 60

LORD WALLACE OF TANKERNESS

BARONESS MADDOCK

LORD WHITTY

 

The above-named Lords give notice of their intention to oppose the Question that Clause 60
stand part of the Bill
.

After Clause 60

LORD WHITTY

LORD GRANTCHESTER

35

Insert the following new Clause—

“Renewable and other technologies

Within six months of the passing of this Act, the Secretary of State shall
publish an assessment of the progress towards decarbonisation of energy
supply, including a strategy for the development of renewables and a
strategy for energy efficiency within the supply system.”

Clause 61

LORD BOURNE OF ABERYSTWYTH

BARONESS WORTHINGTON

36

Page 33, line 14, leave out “or” and insert—

“(aa)   regulations under section 27(8), or”

In the Title

LORD BOURNE OF ABERYSTWYTH

43

Line 1, after “functions;” insert “to make provision about rights to use upstream
petroleum infrastructure;”

Prepared 8th September 2015