Amendments proposed to the Utilities Bill - continued	House of Commons
back to previous text

   

Mr Nick Gibb
Mrs Eleanor Laing

129

Clause     87,     page     93,     line     41,     at end insert—

'(e) an assessment of the purpose and justification of any existing regulatory requirements and the extent to which the Authority believes they may no longer be required.'.

   

Mr Nick Gibb
Mrs Eleanor Laing

130

Clause     87,     page     93,     line     41,     at end insert—

'(e) an estimated timetable of when, if at all, it expects competition in each particular sector to be sufficient to enable the Authority to withdraw from regulating that particular sector.'.

   

Mr Nick Gibb
Mrs Eleanor Laing

131

Clause     87,     page     93,     line     41,     at end insert—

'(e) a Regulatory Impact Assessment in respect of additional costs imposed on licence holders as a result of the exercise by the Authority, Council or Secretary of State of powers contained in this Act together with an assessment of the extent to which such additional costs will be borne by the consumer.'.

   

Mr Nick Gibb
Mrs Eleanor Laing

132

Clause     87,     page     94,     line     11,     after 'Council', insert 'and the Trade and Industry Committee of the House of Commons.'.

   

Mr Nick Gibb
Mrs Eleanor Laing

226

Clause     87,     page     94,     line     15,     at end insert—

    (9) The Authority shall ensure that in each period of not less than two years it requests the National Audit Office to investigate and report on the degree to which the Authority is achieving its objectives in the most cost effective manner possible'.

---

   

Mrs Helen Liddell

88

Clause     7,     page     4,     leave out from beginning of line 24 to the beginning of line 29 and insert—

    '(1) In this section "payment conditions" means—

(a) in relation to a gas licence, conditions included in the licence by virtue of section 7B(4)(c) of the 1986 Act; or

(b) in relation to an electricity licence, conditions included in the licence by virtue of section 7(1)(b) of the 1989 Act.

    (2) The payment conditions of a gas licence or an electricity licence may (without prejudice to the generality of the provisions mentioned in subsection (1)) require the payment by the licence holder of sums relating to any of the expenses mentioned in subsection (3).

    (3)'.

   

Mr Nick Gibb
Mrs Eleanor Laing

166

Clause     7,     page     4,     line     24,     at beginning insert 'Subject to subsection (2A)'.

   

Mrs Helen Liddell

89

Clause     7,     page     4,     line     32,     leave out from beginning to end of line 40 and insert 'the Authority or the Council.

    (4) The Authority may, in accordance with this section, modify any payment conditions of a gas licence or an electricity licence where the Authority considers it necessary or expedient to do so in consequence of—

(a) the establishment of the Authority or the Council; or

(b) the abolition of any office or body mentioned in section 1(3) or 2(3)).

    (5) Where the Authority modifies any payment conditions of a licence under subsection (4) it may make such incidental or consequential modifications as it considers necessary or expedient of the other conditions of the licence.

    (6) Before modifying the conditions of a licence under subsection (4) or (5) the Authority shall consult the licence holder.

    (7) The powers of the Authority under subsections (4) and (5) may not be exercised after the end of the period of two years beginning with the commencement of this section.

    (8) The Secretary of State may, for the purpose of securing the payment by licence holders of sums relating to any of the expenses mentioned in subsection (3) (in addition to any other sums that may be payable), give a direction to the Authority as to the inclusion of payment conditions in gas licences and electricity licences;'.

   

Mr Nick Gibb
Mrs Eleanor Laing

167

Clause     7,     page     4,     line     32,     at end insert—

    '(2A) any sum required to be paid by virtue of a licence condition imposed in accordance with this section shall not exceed—

(a) in the first year following the coming into force of this section, the sum which the licence holder would have been required to pay prior to the coming into force of this Act in order to meet the expenses of the Director General of Gas Supply or the Director General of Electricity (as the case may be); and

(b) in any year thereafter, a sum equal to the sum referred to in paragraph (a) but increased by the same percentage increase as the percentage increase between the retail price index for the month in which this section comes into force and the month in which the sum is calculated.'.

   

Mr Nick Gibb
Mrs Eleanor Laing
Mr Ian Bruce [R]

37

Clause     7,     page     4,     line     41,     at end insert—

    '(4) Any directions by the Secretary of State under subsection (3) shall be made by order subject to affirmative resolution of the House of Commons.'.

   

Mr Nick Gibb
Mrs Eleanor Laing

133

Clause     7,     page     4,     line     41,     at end insert—

    '(4) before modifying the conditions of a licence under subsection (1) the Authority shall consult the licence holder, and where the licence holder does not consent to the modification, shall refer the matter to the Competition Commission.'.

   

Mr Nick Gibb
Mrs Eleanor Laing

168

Clause     7,     page     4,     line     41,     at end insert—

    '(4) In this section references to the retail price index are references to the general index of retail prices (for all items) published by the Central Statistical Office of the Chancellor of the Exchequer.'.

---

   

Mr Nick Gibb
Mrs Eleanor Laing

169

Clause     88,     page     94,     line     16,     at beginning insert 'Subject to subsection (1A)'.

   

Mrs Helen Liddell

91

Clause     88,     page     94,     line     17,     leave out from second 'of' to end of line 18 and insert 'that paragraph, require the payment of sums relating to any expenses mentioned in subsection (2).

    (2) Those expenses are-'.

   

Mr Nick Gibb
Mrs Eleanor Laing
Mr Ian Bruce [R]

39

Clause     88,     page     94,     line     18,     after 'paragraphs', insert 'and the provisions of the Licensing Directive'.

   

Mrs Helen Liddell

92

Clause     88,     page     94,     line     21,     leave out from beginning of line to '; and' in line 25 and insert 'the Authority or the Council.

    (3) The Authority may, in accordance with this section, modify any conditions of a licence included by virtue of section 7(5)(b) where the Authority considers it necessary or expedient to do so in consequence of—

(a) the establishment of the Authority or the Council; or

(b) the abolition of an office or body mentioned in section 84(2) or 85(3)).

    (4) Where the Authority modifies any payment conditions of a licence under subsection (3) it may make such incidental or consequential modifications as it considers necessary or expedient of the other conditions of the licence.

    (5) Before modifying the conditions of a licence under subsection (3) or (4) the Authority shall—

(a) in the case of a licence granted to a particular person, consult that person;

(b) in the case of a licence granted to persons of a class, give notice in accordance with subsection (6).

    (6) The notice under subsection (5)(b) is a notice—

(a) stating that the Authority proposes to make the modifications, setting out their effect and stating the reasons why he proposes to make them; and

(b) specifying the time (not being less than 28 days from the date of publication of the notice) within which representations with respect to the proposed modifications may be made.

    (7) A notice under subsection (5)(b) shall be given by publication in such manner as the Authority considers appropriate for the purpose of bringing it to the attention of persons likely to be affected.

    (8) The powers of the Authority under subsections (3) and (4) may not be exercised after the end of the period of two years beginning with the commencement of this section.

    (9) The Secretary of State may, for the purpose of securing the payment to the Authority of sums relating to any of the expenses mentioned in subsection (2) (in addition to any other sums that may be payable), give a direction to the Authority as to the inclusion of conditions in licences by virtue of section 7(5)(b) of the 1984 Act'.

   

Mr Nick Gibb
Mrs Eleanor Laing

170

Clause     88,     page     94,     line     21,     at end insert—

    '(1A) Any sum required to be paid by virtue of a licence condition imposed in accordance with this section shall not exceed—

(a) in the first year following the coming into force of this section, the sum which the licence holder would have been required to pay prior to the coming into force of this Act in order to meet the expenses of the Director General of Telecommunications; and

(b) in any year thereafter, a sum equal to the sum referred to in paragraph (a) but increased by the same percentage increase as the percentage increase between the retail price index for the month in which this section comes into force and the month in which the sum is calculated.

    (3) In this section references to the retail price index are references to the general index of retail prices (for all items) published by the Central Statistical Office of the Chancellor of the Exchequer.'.

Prepared 22 Feb 2000