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S.C.A.
Amendment Paper as at
Tuesday 29th February 2000
STANDING COMMITTEE A
[R] Relevant registered interest declared
UTILITIES BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [10th February], as follows:—
Clause 1; Clause 84; Schedule 1; Clause 2; Clause 6; Clause 85; Clause 3; Clause 86; Clauses 4 and 5; Clause 87; Clause 7; Clause 88; Clause 8; Clause 12; Clause 89; Clause 9; Clause 13; Clause 90; Clause 10; Clause 14; Clause 11; Clause 15; Clause 91; Clauses 16 to 19; Clause 92; Schedule 2; Clause 95; Clause 20; Clause 96; Clause 21; Clause 94; Clauses 22 to 24; Clause 93; Clauses 25 and 26; Clause 63; Clause 66; Clauses 27 and 28; Clause 64; Clause 29; Clause 62; Clauses 30 to 33; Clause 65; Clause 34; Clause 67; Clause 100; Clause 35; Clause 68; Clauses 36 to 41; Clause 69; Clause 42; Clause 70; Clause 43; Clause 71; Clause 44; Clause 72; Clause 101; Clause 45; Clause 73; Clause 46; Clause 74; Clause 47; Clause 75; Clause 97; Clause 102; Clause 48; Clause 76; Clause 98; Clause 49; Clause 77; Clause 99; Clauses 50 to 57; Clause 78; Clause 58; Clause 79; Clauses 59 to 61; Clause 82; Clause 80; Clause 81; Clause 83; Clauses 103 to 105; Schedule 4; Clause 106; Schedule 3; Clauses 107 to 132; Schedules 5 to 7; Clauses 133 and 134; new Clauses; new Schedules.
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.'.
Mr Nick Gibb
Mrs Eleanor Laing
285
Clause 88, page 94, line 21, at end insert—
'provided that such sums shall not increase the financial burden of regulation on licensed operators or users of telecommunication services and that such sums shall be proportionate to the work involved and shall be published in an appropriate and sufficiently detailed manner so as to be readily accessible.'.
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