S.C.A.

Amendment Paper as at
Tuesday 11th April 2000

STANDING COMMITTEE A

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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.

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.'.

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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'.

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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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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.".'.

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Construction of pipe-lines by gas transporters.

   

Mrs Helen Liddell

NC12

To move the following Clause:—

    '.—(1) Section 22A of the 1986 Act (prohibition on execution of works for the construction of pipe-lines) is amended as follows.

    (2) In subsection (1)—

(a) for the words "A public gas transporter shall not at any time execute in an authorised area of another public gas transporter" there is substituted "A gas transporter shall not at any time execute within 23 metres from a pipe-line of another gas transporter (the "other transporter");

(b) in paragraph (b), the words "in that area" (in both places where they appear) shall cease to have effect;

(c) after paragraph (c) there is inserted "; and

(d) (subject to subsection (1C)) where the existing pipe-line is a relevant main of the other transporter, that transporter has consented in writing to the construction of the proposed pipe-line, either unconditionally or subject to conditions.".

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

    "(1A) Subsection (1) does not apply if the proposed pipe-line is required to enable a gas transporter to comply with any duty imposed by section 10(2).

    (1B) Conditions imposed under subsection (1)(d) may relate to matters arising after the construction of the proposed pipe-line, including the use to be made of the pipe-line.

    (1C) If the other transporter—

(a) refuses or fails to give consent under subsection (1)(d); or
(b) gives such consent subject to conditions,

    consent may instead be given in writing by the Authority where it considers it appropriate to do so.

    (1D) Consent under subsection (1C) may only be given unconditionally or, in a case falling within subsection (1C)(b), subject to the same conditions as were imposed by the other transporter.

    (1E) A condition imposed on a gas transporter under this section shall be enforceable by civil proceedings by the other transporter for an injunction or for interdict or for any other appropriate relief.".

    (4) In subsection (3), after the definition of "pipe-line" there is inserted ";

"relevant main" has the meaning given by section 10(12).".'.

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Restriction on use of certain pipe-lines for providing a supply of gas.

   

Mrs Helen Liddell

NC13

To move the following Clause:—

    '.—(1) After section 10 of the 1986 Act (duty of gas transporters to make a connection in certain circumstances) there is inserted—

"Restriction on use of certain pipe-lines for providing a supply.

10A.—(1) Any pipe-line of a gas transporter— (a) for the construction of which the execution of works has begun before the commencement of section 64 of the Utilities Act 2000 (abolition of geographical exclusivity of authorised areas of gas transporters); and (b) which is situated in an area which, immediately before the commencement of that section, is the authorised area of a public gas transporter (the "other transporter"),     shall not be used for the purpose of giving a supply of gas to any premises in that area at a rate less than 2,196,000 kilowatt hours per year unless the other transporter consents in writing to such use.     (2) If the other transporter refuses or fails to give consent under subsection (1) consent may instead be given in writing by the Authority where it considers it appropriate to do so.     (3) Consent given under this section may not be withdrawn.     (4) In this section "pipe-line" has the same meaning as in the Pipe-lines Act 1962.".

    (2) In section 28(8) of the 1986 Act (definition of "relevant requirement") after "or (14)" there is inserted "10A(1),".'.

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Gas transporters' duty to make a connection.

   

Mrs Helen Liddell

NC14

To move the following Clause—

    .—(1) Section 10 of the 1986 Act (duty of gas transporters to make a connection in certain circumstances) is amended as follows.

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

    (3A) A gas transporter may require any person who requires a connection under subsection (2)(b) to accept any terms—
(a) indemnifying the transporter in respect of any liability connected with the laying of the pipe;
(b) which it is reasonable in all the circumstances for that person to be required to accept.".

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

    "(5B) Where in pursuance of subsection (2)(b) a gas transporter connects any premises to a relevant main by a pipe supplied and laid by the owner or occupier of the premises, the cost of making the connection shall, if and to the extent that the transporter so requires and the conditions of his licence so allow, be defrayed by the person supplying and laying the pipe.".

    (4) In subsection (6)(b) after "rights" there is inserted "or liabilities".

    (5) In the words following subsection (6)(b), for "or rights" there is substituted ", rights or liabilities".

    (6) In subsection (12) for "his authorised area" there is substituted "an authorised area of his".'.

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Standard conditions of gas licences

   

Mrs Helen Liddell

NC22

To move the following Clause:—

    '.—(1) The standard conditions for the purposes of gas licences of any type (that is to say, licences under section 7, section 7A(1) or section 7A(2) of the 1986 Act) may contain provision—

(a) for any standard condition included in a licence of that type not to have effect until brought into operation in such manner and in such circumstances as may be specified in or determined under the standard conditions; or

(b) for the effect of any standard condition included in such a licence to be suspended in such manner, and in such circumstances, as may be so specified or determined;

(c) for any standard condition included in such a licence which is for the time being suspended to be brought back into operation in such manner and in such circumstances as may be so specified or determined.

    (2) Such conditions as may be determined by the Secretary of State before the commencement of subsection (3), and published by him in such manner as he considers appropriate, in relation to gas licences of any type shall be standard conditions for the purposes of licences of that type (in place of the standard conditions which would otherwise be incorporated in licences of that type granted immediately before that commencement.

    (3) In section 8(1) of the 1986 Act (standard conditions of licences to be incorporated in gas licences) for "section 8(2) of the Gas Act 1995" there is substituted "section (Standard conditions of gas licences)(2) of the Utilities Act 2000".

Prepared 11 Apr 2000