Amendments proposed to the Utilities Bill - continued House of Commons

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Mr Nick Gibb
Mrs Eleanor Laing
Mr Ian Bruce [R]
Mr Christopher Chope
Mr Christopher Fraser

833

Clause     134,     page     151,     line     27,     leave out 'Utilities' and insert 'Gas and Electricity'.

   

Mrs Helen Liddell

654

Clause     134,     page     151,     line     29,     after 'order' insert 'made by statutory instrument'.


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.".'.


Duty to facilitate competition

   

Mrs Helen Liddell

NC10

To move the following Clause:—

    '.—(1) Section 9 of the 1986 Act (general powers and duties of gas transporters) is amended as follows.

    (2) In subsection (1)(b)—

      (a) after "him" there is inserted "—

                (i)";

      (b) after "premises" there is inserted "; or

                (ii) to connect to that system a pipe-line system operated by an authorised transporter.".

    (3) After subsection (1) there is inserted—

            "(1A) It shall also be the duty of a gas transporter to facilitate competition in the supply of gas.".

    (4) In subsection (2)(a), after "premises" there is inserted ", or a pipe-line system operated by an authorised transporter".

    (5) After subsection (2) there is inserted—

            "(2A) In this section "authorised transporter" means a person who is authorised by a licence or exemption to convey gas through pipes to any premises, or to a pipe-line system operated by a gas transporter.".'.


Publication of advice and information about consumer matters.

   

Mrs Helen Liddell

NC11

*To move the following Clause:—

    '.—(1) For section 35 of the 1986 Act (publication by Director of information and advice) there is substituted—

"Publication of advice and information about consumer matters.35.—(1) If it appears to the Authority that the publication of any advice and information would promote the interests of consumers in relation to gas conveyed through pipes, the Authority may publish that advice or information in such manner as it thinks fit.

    (2) In publishing advice or information under this section the Authority shall have regard to the need for excluding, so far as that is practicable, any matter the publication of which it considers would or might seriously and prejudicially affect the interests of a particular individual or body of persons (corporate or unincorporate).

    (3) Before deciding to publish under this section any advice or information relating to a particular individual or body of persons the Authority shall consult that individual or body.".

    (2) For subsections (1) and (2) of section 48 of the 1989 Act (publication by Director of information and advice) there is substituted—

            "(1) If it appears to the Authority that the publication of any advice and information would promote the interests of consumers in relation to electricity conveyed by distribution systems the Authority may publish that advice or information in such manner as it thinks fit.

            (2) In publishing advice or information under this section the Authority shall have regard to the need for excluding, so far as that is practicable, any matter the publication of which it considers would or might seriously and prejudicially affect the interests of a particular individual or body of persons (corporate or unincorporate).

            (2A) Before deciding to publish under this section any advice or information relating to a particular individual or body of persons the Authority shall consult that individual or body.".'.


Combined heat and power

   

Mr Brian White
Norman Baker
Mr Andrew Stunell

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.".'


Consolidation of Acts

   

Mr Ian Bruce [R]
Mr Nick Gibb
Mrs Eleanor Laing
Mr Christopher Chope
Mr Christopher Fraser

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.'


Guidance on offshore industry

   

Norman Baker
Mr Andrew Stunell

NC9

To move the following Clause:—

    '.—The Authority shall, in carrying out its respective functions, take into account any advice given by the Secretary of State about the offshore industry including environmental and social matters.'.


   

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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