Vote Bundle Text (900411-03)

Amendments proposed to the Utilities Bill - continued	House of Commons

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The Electricity Code

Mrs Helen Liddell

NC19

To move the following Clause:—

'(1) In section 24 of the 1989 Act (the public electricity supply code), for "supply of electricity by public electricity suppliers" there is substituted "distribution and supply of electricity".

(2) For Schedule 6 to the 1989 Act (the public electricity supply code) there is substituted the provisions of Schedule (The Electricity Code)."

Electricity metering

Mrs Helen Liddell

NC20

To move the following Clause:—

. Schedule (Electricity metering) (which amends Schedule 7 to the 1989 Act) has effect.

The Gas Code

Mrs Helen Liddell

NC21

To move the following Clause:—

'(1) Schedule 2B to the 1986 Act is amended as follows.

(2) After paragraph 6 (meters for disabled persons) there is inserted—

'Use of pre-payment meters

6A. A pre-payment meter installed by a gas supplier on a consumer's premises shall not be used to recover any sum other than a sum owing to a gas supplier in respect of the supply of gas to those premises.'.

(3) In paragraph 7 (recovery of gas charges etc.)—

(a) in sub-paragraph (1)(a) for the words from "the consumer's" to "him" there is substituted "any premises of his (in this paragraph referred to as "the premises")";

(b) sub-paragraph (2) shall cease to have effect; and

"(a) install a pre-payment meter on the premises in place of the existing meter; or

(b) cut off the supply to the premises by disconnecting the service pipe at the meter or by such other means as he thinks fit;

and the supplier may recover any expenses incurred in so doing from the consumer."

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—

(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.'.

NEW SCHEDULES

Mrs Helen Liddell

NS1

To move the following Schedule:—

'SCHEDULE

Schedule to be substituted for Schedule 6 to the 1989 Act

"Schedule 6

The Electricity Code

Suppliers' charges relating to meters for disabled persons

1.—(1) Where an electricity supplier, for the purpose of meeting the needs of a disabled person—

(a) alters the position of any electricity meter provided by him for a customer of his; or

(b) replaces such a meter with one which has been specially adapted,

the supplier shall not charge the customer for the alteration or replacement.

(2) Section 23 applies to any dispute arising under this paragraph.

Non-payment of suppliers' charges

2.—(1) Where a customer has not, within the requisite period, paid all charges due from him to an electricity supplier in respect of the supply of electricity to any premises or the provision of an electricity meter, the supplier may—

(a) install a pre-payment meter on the premises; or

(b) disconnect the premises,

and the supplier may recover any expenses incurred in so doing from the customer.

(2) The power of a supplier under sub-paragraph (1)(a) or (b) may not be exercised—

(a) as respects any amount which is genuinely in dispute (disregarding for this purpose a dispute under section 39 or regulations made under it); and

(b) unless not less than seven working days' notice has been given to the occupier of the premises (or the owner of the premises if they are unoccupied) of his intention to exercise it.

(3) In this paragraph the "requisite period" means the period of 28 days after the making by the supplier of a demand in writing for payment of the charges due.

Restoration of connection without consent

3.—(1) Where, otherwise than in the exercise of a power conferred by regulations under section 29, premises have been disconnected by an electricity supplier or an electricity distributor, no person shall, without the consent of the supplier or, as the case may be, the distributor, restore the connection.

(2) A person who acts in contravention of this paragraph shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) A connection restored in contravention of this paragraph (1) may be disconnected by the distributor to whose distribution system the connection is made or, if the original disconnection was carried out by an electricity supplier, by that supplier.

Damage to electrical plant etc.

4.—(1) A person who intentionally or by culpable negligence damages or allows to be damaged—

(a) any electric line or electrical plant belonging to an electricity distributor; or

(b) any electricity meter provided by an electricity supplier,

shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2) Where an offence has been committed under sub-paragraph (1) by the occupier of any premises (or by the owner of the premises if they are unoccupied when the offence is committed) in relation to any electric line or electrical plant provided by an electricity distributor for making or maintaining a connection to the premises, the distributor may disconnect the premises.

(3) Where an offence has been committed under sub-paragraph (1) in relation to an electricity meter provided by an electricity supplier which is situated on any premises, by the occupier (or by the owner of the premises if they are unoccupied when the offence is committed), the supplier may disconnect the premises and may remove the meter.

(4) A meter removed under sub-paragraph (3) shall be kept safely by the supplier until the Authority authorises its destruction or disposal.

(5) The distributor or supplier shall not be under any obligation to reconnect (and in the case of a supplier to restore the supply to) any premises disconnected under sub-paragraph (2) or (3) until—

(a) the offender is no longer the occupier or, as the case may be, the owner of the premises; or

(b) the matter in consequence of which the premises were disconnected has been remedied.

Entry during continuance of connection or supply

5.—(1) Any officer or other person authorised by an electricity distributor may at all reasonable times enter any premises to which the distributor is maintaining a connection, for the purpose of inspecting any electric line or electrical plant provided by him.

(2) Any officer or other person authorised by an electricity supplier may at all reasonable times enter any premises to which electricity is being supplied by him for the purpose of—

(a) ascertaining the register of any electricity meter and, in the case of a pre-payment meter, removing any money or tokens belonging to the supplier;

(b) removing, inspecting or re-installing any electricity meter or installing any substitute meter.

(3) The supplier shall provide a substitute meter while a meter is removed under sub-paragraph (2)(b).

(4) A power of entry for the purpose of removing an electricity meter may not be exercised unless at least two working days' notice has been given to the occupier (or the owner of the premises if they are unoccupied).

Entry on discontinuance of supply or connection

6.—(1) Where an electricity supplier or an electricity distributor is authorised by paragraph 4(2) or (3) above or paragraph 11(3) of Schedule 7 to this Act—

(a) to disconnect any premises; or

(b) to remove an electricity meter,

any officer or other person authorised by the supplier or distributor may at all reasonable times enter the premises for the purpose of disconnecting the premises or removing the meter.

(2) Where—

(a) an electricity distributor is authorised by any provision of this Act (other than one mentioned in sub-paragraph (1)) or of regulations made under it to disconnect any premises;

(b) a person occupying premises which are connected to a distribution system of an electricity distributor ceases to require a connection; or

(c) a person entering into occupation of any premises connected to a distribution system of an electricity distributor does not require such a connection,

any officer or other person authorised by the distributor may at all reasonable times enter the premises for the purpose of disconnecting the premises or removing any electrical plant or electric line.

(3) Where—

(a) an electricity supplier is authorised by any provision of this Act (other than one mentioned in sub-paragraph (1)), or of regulations made under it, to disconnect any premises or to discontinue the supply to any premises;

(b) a person occupying premises which are supplied with electricity by an electricity supplier ceases to require such a supply; or

(c) a person entering into occupation of any premises previously supplied with electricity by an electricity supplier does not require such a supply;

any officer or other person authorised by the supplier may at all reasonable times enter the premises for the purpose of disconnecting the premises or removing any electricity meter provided by the supplier.

(4) A power of entry under sub-paragraph (2) or (3) may not be exercised unless at least two working day's notice has been given to the occupier (or to the owner of the premises if they are unoccupied).

Entry for replacing, repairing or altering lines or plant

7.—(1) Any officer or other person authorised by an electricity distributor may at all reasonable times enter any premises to which he is maintaining a connection for the purpose of—

(a) placing a new electric line or any new electrical plant in the place of or in addition to any existing line or plant which has already been lawfully placed; or

(b) repairing or altering any such existing line or plant.

(2) A power of entry under sub-paragraph (1) may not be exercised unless at least five working days' notice has been given to the occupier of any premises (or to the owner of the premises if they are unoccupied).

(3) In the case of emergency arising from faults in an electric line or any electrical plant entry may be made under sub-paragraph (1) above without the notice required by sub-paragraph (2), but notice shall then be given as soon as possible after the occurrence of the emergency.

Provisions as to powers of entry

8.—(1) The Rights of Entry (Gas and Electricity Boards) Act 1954 (entry under a justice's warrant) shall apply in relation to the powers of entry conferred by this Schedule.

(2) Any reference in this Schedule to an officer or other person authorised by an electricity supplier or an electricity distributor includes a reference to a person who, in accordance with a written authority given by the supplier or distributor to an agent of the supplier or distributor, is authorised by the agent on behalf of the supplier or distributor.

(3) Where in pursuance of any power of entry conferred by this Schedule, entry is made on any premises by a person authorised to do so—

(a) that person shall ensure that the premises are left no less secure by reason of the entry; and

(b) the supplier or distributor shall make good, or pay compensation for, any damage caused by that person (or by any other person accompanying him under sub-paragraph (5)) in entering the premises, in taking any action on the premises or in making them secure.

(4) A person may only exercise a power of entry conferred by this Schedule on production of some duly authenticated document showing his authority.

(5) Any person exercising a power of entry conferred by this Schedule may be accompanied by such other persons as may be necessary or expedient for the purpose for which the entry is made or for the purposes of sub-paragraph (3)(a) or (b) above.

(6) A person who intentionally obstructs a person exercising powers of entry conferred by this Schedule shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Electrical plant etc. not to be subject to distress

9.—(1) This paragraph applies to any electric line, electrical plant or electricity meter belonging to or provided by an electricity distributor or electricity supplier which is marked or impressed with a sufficient mark or brand indicating an electricity supplier or electricity distributor as the owner or provider thereof.

(2) Anything to which this paragraph applies—

(a) shall be deemed not to be landlord's fixtures, notwithstanding that they may be fixed or fastened to any part of any premises; and

(b) shall not in England and Wales be subject to distress or be liable to be taken in execution under process of any court or any proceedings in bankruptcy against the person in whose possession they may be."'.