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Mr Chris Mullin
461
Schedule 7, page 169, leave out lines 21 to 30.
Mr Chris Mullin
462
Schedule 7, page 169, line 43, column 3, leave out from beginning of line to end of line 47.
Mrs Helen Liddell
421
Schedule 7, page 169, line 49, column 3, leave out '2(4)'.
Mr Chris Mullin
463
Schedule 7, page 169, line 49, column 3, leave out '4(3) and 5(4)' and insert 'and 4(3)'.
NEW CLAUSES
Preliminary
Mrs Helen Liddell
NC2
To move the following Clause:—
'.—(1) In this Chapter—
"consumers" includes both existing consumers and future consumers;
"the interests of consumers" means the interests of consumers in relation to gas conveyed through pipes or electricity conveyed through distribution systems; and
"consumer matter" means any matter connected with the interests of consumers.
(2) In considering the interests of consumers the Council shall have regard to the interests of—
(a) individuals who are disabled or chronically sick;
(b) individuals of pensionable age;
(c) individuals with low incomes; and
(d) individuals residing in rural areas,
but that is not to be taken as implying that regard may not be had to the interests of other descriptions of consumer.'.
Abolition of tariffs
Mrs Helen Liddell
NC6
To move the following Clause:—
'. Section 18 of the 1989 Act (charging by reference to tariffs) shall cease to have effect'.
Special agreements with respect to distribution
Mrs Helen Liddell
NC7
To move the following Clause:—
'For section 22 of the 1989 Act (special agreements with respect to supply) there is substituted—
| "Special agreements with respect to connection. | 22.—(1) Notwithstanding anything in sections 16 to 21, a person who requires a connection in pursuance of section 16(1) may enter into an agreement with the electricity distributor (referred to in this Part as a "special connection agreement") for the making of the connection on such terms as may be agreed by the parties.
(2) So long as a special connection agreement is effective, the rights and liabilities of the parties shall be those arising under the agreement and not those provided for by sections 16 to 21.
(3) Nothing in subsection (2) prevents the giving of a notice under section 16A(1) requiring a connection to be made as from the time when a special connection agreement ceases to be effective.".'.
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Combined heat and power
Mr Brian White
NC1
To move the following Clause:—
'. In making an order and other arrangements under sections 50, 51, 52, 53 or 54 above the Secretary of State may also make provision for—
(a) electricity generated by combined heat and power stations
(b) heat or chilled water produced in association with electricity.'.
Licence conditions
Mr Nick Gibb
Mrs Eleanor Laing
Mr Ian Bruce [R]
Mr Christopher Chope
Mr Christopher Fraser
NC3
To move the following Clause:—
| 'Licence conditions. | ( ) In section 7 of the 1984 Act (power to license systems), after subsection (5) there is inserted—
"(5A) Conditions included in a licence may include provisions for the conditions—
(a) to have effect or cease to have effect at such times and in such circumstances as may be determined by or under the conditions; or
(b) be modified in such manner as may be specified in the conditions at such times and in such circumstances as may be so determined.".'
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Consolidation of Acts
Mr Ian Bruce [R]
NC4
To move the following Clause:—
'—The Acts listed in Schedule 7 that have been substantially amended by this and earlier Acts shall be reprinted in consolidated form and the earlier Acts be repealed.'.
Anti-competitive behaviour
Mr Nick Gibb
Mrs Eleanor Laing
Mr Ian Bruce [R]
Mr Christopher Chope
Mr Christopher Fraser
NC5
To move the following Clause—
'( ).—(1) Subject to subsection (2), where it appears to the Authority that a licence holder has behaved or is behaving in a manner which infringes—
(a) the Chapter I prohibition, or
(b) the Chapter II prohibition,
then to the extent that the Authority proposes to take any action against that licence holder in respect of that behaviour it shall do so by exercising its competition powers rather than by exercising any other functions under the 1986 Act or the 1989 Act.
(2) Subsection (1) does not apply where the Authority determines that—
(a) a licence holder has infringed or is infringing the Chapter I prohibition or the Chapter II prohibition; and
(b) for the reasons given by the Authority in that determination, it is appropriate for the Authority to deal with that behaviour by the exercise of powers other than its competition powers.
(3) Where the Authority—
(a) makes a determination in accordance with subsection (2), and
(b) decides to take any action against the licence holder by exercising any functions under the 1986 Act or the 1989 Act other than its competition powers,
the licence holder may appeal against that decision to the Competition Commission Appeal Tribunal as if the decision was a decision reached by the Authority in the exercise of its competition powers and the tribunal may hear and dispose of the appeal accordingly.
(4) In this section—
"the Chapter I prohibition" and "the Chapter II prohibition" have the same meaning as in the Competition Act 1998;
"Competition Commission Appeal Tribunal" means an appeal tribunal established in accordance with the provisions of Part III of Schedule 7 to that Act for the purpose of hearing an appeal under section 46 or 47 of that Act; and
"competition powers" means the powers conferred upon the Authority by section 54 of and Schedule 10 to that Act.'
Mr Chris Mullin
464
Title, line 3, leave out from 'Authority' to 'to' in line 5 and insert ' and the Telecommunications Consumer Council'.
Mr Chris Mullin
465
Title, line 6, leave out 'electricity and water' and insert 'and electricity'.
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