S.C.A.
Amendment Paper as at
Tuesday 28th March 2000
STANDING COMMITTEE A
New Amendments handed in are marked thus *
UTILITIES BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [7th March], as follows:—
Clauses 89 to 103; Clause 126; Clauses 104 to 123; Schedule 4; Clause 125; Clause 129; Clause 9; Clause 13; Clause 10; Clause 14; Clause 11; Clause 15; Clauses 16 to 19; Schedule 2; Clauses 20 to 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 35; Clause 68; Clauses 36 to 41; Clause 69; Clause 42; Clause 70; Clause 43; Clause 71; Clause 44; Clause 72; Clause 45; Clause 73; Clause 46; Clause 74; Clause 47; Clause 75; Clause 48; Clause 76; Clause 49; Clause 77; Clauses 50 to 57; Clause 78; Clause 58; Clause 79; Clauses 59 to 61; Clause 82; Clause 80; Clause 81; Clause 83; Schedule 3; Clause 124; Clauses 127 and 128; Clauses 130 to 132; Schedules 5 to 7; Clauses 133 and 134; new Clauses; new Schedules.
Mr Nick Gibb
Mrs Eleanor Laing
Mr Ian Bruce [R]
Mr Christopher Chope
Mr Christopher Fraser
318
Clause 47, page 46, line 15, leave out 'has contravened or is contravening' and insert 'is contravening or has contravened and is likely again to contravene'.
Norman Baker
Mr Andrew Stunell
560
Clause 47, page 46, line 16, after 'requirement', insert ', including social and environmental obligations'.
Mr Nick Gibb
Mrs Eleanor Laing
Mr Ian Bruce [R]
Mr Christopher Chope
Mr Christopher Fraser
319
Clause 47, page 46, line 17, leave out 'has failed or is failing' and insert 'is failing or has failed and is likely again to fail'.
Mr Nick Gibb
Mrs Eleanor Laing
Mr Ian Bruce [R]
Mr Christopher Chope
Mr Christopher Fraser
320
Clause 47, page 46, line 19, at beginning insert 'and that the contravention or failure has been or is being committed intentionally or negligently,'.
Mr Nick Gibb
Mrs Eleanor Laing
Mr Ian Bruce [R]
Mr Christopher Chope
Mr Christopher Fraser
321
Clause 47, page 46, line 20, leave out from 'is' to end of line 21 and insert 'proportionate having regard to the nature and specificity of the condition or prescribed standard in question.
(1A) In setting the level of any penalty imposed under subsection (1) the Authority shall take account of the seriousness and duration of, and the harm caused by, the contravention or failure but in any event the penalty imposed shall not exceed 10 per cent. of the annual turnover of the licence holder in the relevant goods or services for the year in which the contravention or failure occurred.'.
Mr Nick Gibb
Mrs Eleanor Laing
Mr Ian Bruce [R]
Mr Christopher Chope
Mr Christopher Fraser
322
Clause 47, page 46, line 39, at end insert—
'(2A) In deciding whether to impose a penalty under subsection (1) the 'Authority shall have regard to—
(a) the statement of policy it has published in accordance with section 27B; and
(b) the principle that the purpose of a penalty is to deter any similar contravention or failure by the operator in the future.'.
Mr Nick Gibb
Mrs Eleanor Laing
Mr Ian Bruce [R]
Mr Christopher Chope
Mr Christopher Fraser
703
Clause 47, page 47, line 36, after 'and', insert 'subject to the approval of the Secretary of State'.
Mr Nick Gibb
Mrs Eleanor Laing
Mr Ian Bruce [R]
Mr Christopher Chope
Mr Christopher Fraser
705
Clause 47, page 48, line 3, at end insert 'but shall in any case consult the Secretary of State'.
Mr Nick Gibb
Mrs Eleanor Laing
Mr Ian Bruce [R]
Mr Christopher Chope
Mr Christopher Fraser
323
Clause 47, page 49, line 18, at end insert—
'(aa) that, having regard to all the circumstances, it was unreasonable for the Authority to impose a penalty or a penalty of the amount so imposed;'
Mr Nick Gibb
Mrs Eleanor Laing
Mr Ian Bruce [R]
Mr Christopher Chope
Mr Christopher Fraser
707
Clause 47, page 49, line 27, at end insert—
'(d) that the imposition of the penalty was unreasonable in all the circumstances;
(e) that the amount of the penalty was unreasonable in all the circumstances.'.
Mr Nick Gibb
Mrs Eleanor Laing
Mr Ian Bruce [R]
Mr Christopher Chope
Mr Christopher Fraser
709
Clause 47, page 49, leave out lines 41 to 43.
Mr Nick Gibb
Mrs Eleanor Laing
Mr Ian Bruce [R]
Mr Christopher Chope
Mr Christopher Fraser
324
Clause 75, page 77, line 27, leave out 'has contravened or is contravening' and insert 'is contravening or has contravened and is likely again to contravene'.
Norman Baker
Mr Andrew Stunell
567
Clause 75, page 77, line 28, after 'requirement', insert ', including social and environmental obligations'.
Mr Nick Gibb
Mrs Eleanor Laing
Mr Ian Bruce [R]
Mr Christopher Chope
Mr Christopher Fraser
325
Clause 75, page 77, line 29, leave out 'has failed or is failing' and insert 'is failing or has failed and is likely again to fail'.
Mr Nick Gibb
Mrs Eleanor Laing
Mr Ian Bruce [R]
Mr Christopher Chope
Mr Christopher Fraser
326
Clause 75, page 77, line 32, at beginning insert 'and that the contravention or failure has been or is being committed intentionally or negligently,'
Mr Nick Gibb
Mrs Eleanor Laing
Mr Ian Bruce [R]
Mr Christopher Chope
Mr Christopher Fraser
327
Clause 75, page 77, line 33, leave out from 'is' to end of line 34 and insert 'proportionate having regard to the nature and specificity of the condition or prescribed standard in question.
(1A) In setting the level of any penalty imposed under subsection (1) the Authority shall take account of the seriousness and duration of, and the harm caused by, the contravention or failure but in any event the penalty imposed shall not exceed 10 per cent. of the annual turnover of the licence holder in the relevant goods or services for the year in which the contravention or failure occurred.'.
Mr Nick Gibb
Mrs Eleanor Laing
Mr Ian Bruce [R]
Mr Christopher Chope
Mr Christopher Fraser
328
Clause 75, page 78, line 6, at end insert—
'(2A) In deciding whether to impose a penalty under subsection (1) the Authority shall have regard to—
(a) the statement of policy it has published in accordance with section 30B; and
(b) the principle that the purpose of a penalty is to deter any similar contravention or failure by the operator in the future.'
Mr Nick Gibb
Mrs Eleanor Laing
Mr Ian Bruce [R]
Mr Christopher Chope
Mr Christopher Fraser
704
Clause 75, page 79, line 4, after 'and', insert 'subject to the approval of the Secretary of State'.
Mr Nick Gibb
Mrs Eleanor Laing
Mr Ian Bruce [R]
Mr Christopher Chope
Mr Christopher Fraser
706
Clause 75, page 79, line 20, at end insert 'but shall in any case consult the Secretary of State'.
Mr Nick Gibb
Mrs Eleanor Laing
Mr Ian Bruce [R]
Mr Christopher Chope
Mr Christopher Fraser
329
Clause 75, page 80, line 36, at end insert:—
'(aa) that, having regard to all the circumstances, it was unreasonable for the Authority to impose a penalty or a penalty of the amount so imposed;'.
Mr Nick Gibb
Mrs Eleanor Laing
Mr Ian Bruce [R]
Mr Christopher Chope
Mr Christopher Fraser
708
Clause 75, page 80, line 45, at end insert—
'(d) that the imposition of the penalty was unreasonable in all the circumstances;
(e) that the amount of the penalty was unreasonable in all the circumstances.'.
Mr Nick Gibb
Mrs Eleanor Laing
Mr Ian Bruce [R]
Mr Christopher Chope
Mr Christopher Fraser
710
Clause 75, page 81, leave out lines 11 to 13.
Norman Baker
Mr Andrew Stunell
246
Clause 50, page 53, line 3, leave out 'may' and insert 'shall, within one year of the entering into force of this Act,'.
Norman Baker
Mr Andrew Stunell
746
*Clause 50, page 53, line 8, at end insert—
'( ) In devising and imposing the renewables obligation the Secretary of State shall have full regard to the environmental effects arising, or likely to arise, therefrom.'.
Norman Baker
Mr Andrew Stunell
747
*Clause 50, page 53, line 10, leave out 'may' and insert 'shall'.
Mrs Helen Liddell
711
Clause 50, page 53, line 17, leave out from '(3)' to end of line 18 and insert 'Subject to the provisions of this section and sections 32A and 32C, the renewables obligation is that the'.
