NOTICES OF AMENDMENTS
given up to and including
Monday 17th April 2000
New Amendments handed in are marked thus *
CONSIDERATION OF BILL
UTILITIES BILL, AS AMENDED
NEW CLAUSES
Interpretation
Mr Secretary Byers
NC3
To move the following Clause:—
'.—(1) In this Act—
"Authority" means the Gas and Electricity Markets Authority;
"Council" means the Gas and Electricity Consumer Council;
"electricity licence" means a licence under section 6 of the 1989 Act;
"gas licence" means a licence under section 7 or 7A of the 1986 Act;
"the 1986 Act" means the Gas Act 1986;
"the 1989 Act" means the Electricity Act 1989.
(2) Expressions used in this Act, as regards matters relating to gas, and in Part I of the 1986 Act have, unless the context otherwise requires, the same meaning as in that Part of that Act.
(3) Expressions used in this Act, as regards matters relating to electricity, and in Part I of the 1989 Act have, unless the context otherwise requires, the same meaning as in that Part of that Act.'.
Consistency of utility regulation
Mr Nick Gibb
Mrs Eleanor Laing
Mr Ian Bruce [R]
Mr Christopher Chope
Mr Christopher Fraser
NC1
To move the following Clause:—
'.—(1) No order may be made under this Act until the coming into force of legislation of a similar nature in relation to the water industry and the telecommunications industry.
(2) Whether or not such legislation as is referred to in subsection (1) has been brought into force is to be determined by the issue of a statement to that effect by the Secretary of State.'.
Sources of electricity generation
Mr Nick Gibb
Mrs Eleanor Laing
Mr Ian Bruce [R]
Mr Christopher Chope
Mr Christopher Fraser
NC2
To move the following Clause:—
'. The Secretary of State shall, at least once per year, publish an analysis of the proportion of electricity produced from each type of generation over the previous 12 months, together with a statement by him of the Government's policy in relation to each of those types of generation.'.
Norman Baker
Mr Andrew Stunell
Dr Vincent Cable
31
Page 6, line 14 [Clause 9], after 'consumers', insert 'in the context of sustainable development'.
Mrs Angela Browning
Mr Nick Gibb
Mrs Eleanor Laing
22
Page 6, line 15 [Clause 9], leave out 'wherever appropriate'.
Norman Baker
Mr Andrew Stunell
Dr Vincent Cable
29
Page 7, line 6 [Clause 9], leave out 'Subject to subsection (2),' and insert 'In performing that duty'.
Mrs Angela Browning
Mr Nick Gibb
Mrs Eleanor Laing
24
Page 8, line 2 [Clause 10], after 'Parliament', insert 'together with an impact assessment of the extent to which any additional costs incurred by the Authority, Council or licence holders consequent on implementing the guidance will be passed on to consumers.'.
Norman Baker
Mr Andrew Stunell
Dr Vincent Cable
32
Page 9, line 24 [Clause 13], after 'consumers', insert 'in the context of sustainable development'.
Mrs Angela Browning
Mr Nick Gibb
Mrs Eleanor Laing
23
Page 9, line 25 [Clause 13], leave out 'wherever appropriate'.
Norman Baker
Mr Andrew Stunell
Dr Vincent Cable
30
Page 10, line 16 [Clause 13], leave out 'Subject to subsection (2),' and insert 'In performing that duty'.
Mrs Angela Browning
Mr Nick Gibb
Mrs Eleanor Laing
25
Page 11, line 11 [Clause 14], after 'Parliament', insert 'together with an impact assessment of the extent to which any additional costs incurred by the Authority, Council or licence holders consequent on implementing the guidance will be passed on to consumers.'.
Norman Baker
Mr Andrew Stunell
Dr Vincent Cable
34
*Page 14, line 13 [Clause 19], leave out '(c)' and insert—
Norman Baker
Mr Andrew Stunell
Dr Vincent Cable
35
*Page 14, line 17 [Clause 19], leave out 'or body'.
Norman Baker
Mr Andrew Stunell
Dr Vincent Cable
36
*Page 14, line 18 [Clause 19], leave out from beginning to 'or' in line 19.
Norman Baker
Mr Andrew Stunell
Dr Vincent Cable
33
*Page 14, line 19 [Clause 19], after 'consumers', insert—
'( ) In carrying out its functions the Council has a general duty to publish information when it is in the consumer interest to do so. Before publishing such information the Council must consider whether the consumer interest is outweighed by any consideration of confidentiality attaching to it. Should there be a dispute, the council has the power to appeal to the Information Commissioner or similar appropriate person or body.'.
Norman Baker
Mr Andrew Stunell
Dr Vincent Cable
37
*Page 14, line 24 [Clause 19], leave out '(c)' and insert—
Norman Baker
Mr Andrew Stunell
Dr Vincent Cable
38
*Page 14, line 25 [Clause 19], leabve out from 'body' to end of line 28.
Mr Secretary Byers
1
Page 34, line 34 [Clause 35], at end insert—
'( ) In subsection (6), after "this section" there is inserted "or in carrying out functions under section 14A", after "the investigation" there is inserted "or the carrying out of those functions" and after "such investigation" there is inserted "or such functions".'.
Mr Secretary Byers
2
Page 35, line 42 [Clause 37], at end insert—
' "(5) After considering any representations or objections made in response to proposals set out in a notice under subsection (3), the Authority shall give notice to the Competition Commission—
(a) setting out the modifications it proposes to make to remedy or prevent the adverse effects specified in the report; and
(b) stating the reasons for making the modifications.
(6) The Authority shall include with the notice under subsection (5) a copy of any representations or objections received in relation to the notice under subsection (3).
(7) If the period of four weeks from the date on which the notice under subsection (5) is given elapses without a direction under section 14A(1)(a) having been given to it, the Authority shall—
(a) make the modifications set out in the notice; or
(b) if a direction under section 14A(1)(b) has been given, make the modifications which are not specified in the direction.'.
Norman Baker
Mr Andrew Stunell
Dr Vincent Cable
28
Page 48, line 36 [Clause 48], at end insert ';—
(c) to facilitate the development of embedded generation;
(d) to support the achievement of the Government's national renewable energy targets by facilitating small-scale renewable generation through net metering.'.
Mrs Angela Browning
Mr Nick Gibb
Mrs Eleanor Laing
26
Page 54, line 46 [Clause 57], at end insert—
'(9) No penalty fixed by the Authority under this section may exceed 5 per cent. of the turnover of the licence holder (determined in accordance with such provisions as may be specified in an order made by the Secretary of State).'.
Mr Secretary Byers
3
Page 60 [Clause 60], leave out lines 37 to 40.
Mrs Angela Browning
Mr Nick Gibb
Mrs Eleanor Laing
27
Page 92, line 10 [Clause 92], at end insert—
'(9) No penalty fixed by the Authority under this section may exceed 5 per cent. of the turnover of the licence holder (determined in accordance with such provisions as may be specified in an order made by the Secretary of State).'.
Mr Secretary Byers
4
Page 104, line 1, leave out Clauses 100 to 105.
Mr Secretary Byers
That Clause 107 be transferred to end of line 29 on page 76.
Mr Secretary Byers
6
Page 111, line 33 [Clause 108], leave out from beginning of line to end of line 10 on page 112 and insert 'After section 14 of the 1989 Act (modification following report) there is inserted-'.
Mr Secretary Byers
That Clause 108 be transferred to end of line 7 on page 36.
Mr Secretary Byers
8
Page 114, line 7, leave out Clause 109.
Mr Secretary Byers
9
Page 114, line 14 [Clause 110], leave out from 'the' to 'by' in line 15 and insert 'Authority'.
