Amendment Paper as at
Friday 10th May 2002
CONSIDERATION OF BILL
New Amendments handed in are marked thus *
HOME ENERGY CONSERVATION BILL, AS AMENDED
NEW CLAUSES
Fuel poverty
Dr Desmond Turner
Mr Michael Meacher
NC1
To move the following Clause:—
'After section 5 of the Home Energy Conservation Act 1995 (c. 10) there is inserted—
"5A Fuel poverty An energy conservation authority in England and Wales shall, so far as reasonably practicable, perform its functions under section 2A in a way which, in the opinion of the authority, will contribute to achieving the objectives for the time being specified under, or mentioned in, section 2(2) of the Warm Homes and Energy Conservation Act 2000 by the dates so specified".'.
Review of schemes not conforming to model scheme
Dr Desmond Turner
Mr Michael Meacher
NC2
To move the following Clause:—
'After section 349 of the Housing Act 1985 there is inserted—
"349A Review of schemes not conforming to model scheme (1) This section applies to a registration scheme ("the scheme") made by a local housing authority which—
| (a) | at the time it came into force did not conform to the model registration scheme, and |
| (b) | has not been subsequently varied so as to conform to the model scheme. |
(2) Every five years after the coming into force of the scheme the authority shall decide whether or not to vary the scheme so that it conforms to the model scheme.
(3) At least six months before the time at which a decision under subsection (2) is required the authority shall publish a notice which—
| (a) | states whether or not they intend to vary the scheme so that it conforms to the model scheme, and |
| (b) | invites persons to make written representations in relation to that intention within the period of three months beginning with the day the notice is published. |
(4) In making the decision under subsection (2) the authority shall take into account any written representations which are made to them within that period.
(5) If the authority decide not to vary the scheme so that it conforms to the model scheme, they shall publish a notice of that decision.
(6) In this section "publish" means publish in one or more newspapers circulating in the district of the local housing authority concerned.".'.
Dr Desmond Turner
Mr Michael Meacher
11
Page 1, line 4 [Clause 1], leave out from beginning to end of line 17 on page 2 and insert—
'(1) After section 2 of the principal Act there is inserted—
"2A Energy efficiency reports (1) Where a target applies for the time being to an energy conservation authority in England and Wales, the authority shall prepare a report in accordance with this section.
(2) The report shall set out the energy conservation measures that the authority considers practicable, cost-effective and likely to result in the target being met.
(3) An energy conservation authority in England and Wales shall, so far as is reasonably practicable, implement so as to meet the target any report which it has prepared in accordance with this section and published.
(4) In this section a target means a requirement to achieve an improvement (which may be expressed as a percentage) in the energy efficiency of residential accommodation in the authority's area within a specified time.
(5) A target applies to an authority at any time when—
| (a) | the Secretary of State, after consulting the Local Government Association of England and Wales, has made a determination specifying the target and providing for it to apply to the authority or to authorities including the authority, and |
| (b) | the target has been published in any manner the Secretary of State considers appropriate. |
(6) The Secretary of State may by a further determination made after consultation with the association and so published vary any previous determination and any target shall have effect accordingly.
(7) Subsections (3) to (7) of section 2 apply for the purposes of this section.
(8) On the application to an authority of a target under this section, this Act so far as it relates to reports under section 2 ceases to apply in relation to the authority".
(2) In sections 3 (functions of Secretary of State) and 5(1) (modification) of the principal Act, after each mention of "section 2" there is inserted "or 2A", and—
| (a) | at the end of section 4(2) there is inserted "for the purposes of reports under section 2", |
| (b) | after section 4(2) there is inserted— |
"(2A) The Secretary of State may give energy conservation authorities in England and Wales such guidance as he considers appropriate in relation to the exercise of their functions under section 2A and (so far as relating to that section) section 3(2)(a).",
| (c) | in section 5(2), for "subsections (2) to (6) of section 2" there is substituted "sections 2 and 2A". |
(3) In section 6 of the principal Act (supplementary), after subsection (2) there is inserted—
"(3) An energy conservation authority in England and Wales must—
| (a) | at all reasonable times keep a copy of any report under section 2 or 2A, and of any report sent to the Secretary of State under section 3(2)(a), available for inspection by members of the public free of charge, and |
| (b) | provide reasonable facilities for members of the public to obtain copies of such reports on payment of a reasonable charge. |
(4) The Secretary of State may by regulations made by statutory instrument require registered social landlords to provide each energy conservation authority in England and Wales within whose area they have residential accommodation with prescribed information, in the prescribed form, as to the levels of performance achieved by them in relation to the energy efficiency of the accommodation.
(5) A registered social landlord who, without reasonable excuse, fails to comply with a requirement imposed by regulations under subsection (4) is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Proceedings for an offence under this subsection may only be brought by or with the consent of the Director of Public Prosecutions.
(5) In this section, "prescribed" means prescribed by regulations under subsection (4) and "registered social landlord" has the same meaning as in the Housing Act 1996; and a statutory instrument containing regulations under subsection (4) shall be subject to annulment in pursuance of a resolution of either House of Parliament".'.
As Amendments to Mr Michael Meacher's proposed Amendment (No. 11) (Page 1, line 4 [Clause 1])
Mr Gregory Barker
Mr Peter Bottomley
Sir Sydney Chapman
Mr Richard Bacon
(a)
Line 1, at beginning insert—
'(A1) The appropriate Minister shall in exercising any functions under this section or under the principal Act, and in considering whether or not to exercise those functions, have as a principal aim the achievement of an improvement in energy efficiency in residential accommodation of at least 30 per cent. by the end of 2010, taking 1st January 1996 as the base line date.'.
Mr Don Foster
Sue Doughty
(b)
*Line 1, at beginning insert—
'(A1) Every energy conservation authority shall take all such steps as are reasonably practicable to implement the measures set out in any energy conservation report prepared by the authority.'.
Mr Michael Meacher
12
Page 2 [Clause 1], leave out lines 19 to 22.
Mr Michael Meacher
5
Page 2, line 26, leave out Clause 2.
Dr Desmond Turner
Mr Michael Meacher
9
Page 3, line 31 [Clause 3], leave out from 'provision;' to end of line 34 and insert—
| '(c) | shall be made by statutory instrument; and |
| (d) | shall not be made unless a draft of them has been laid before and approved by a resolution of each House of Parliament.".'. |
Sue Doughty
Dr Vincent Cable
4
Page 4 [Clause 4], leave out lines 8 to 10 and insert—
'(3) But a registration scheme must apply to every house in multiple occupation in the authority's district, which
| (a) | consists of more than two storeys, for which purpose an attic or basement shall be considered a storey unless used solely for purposes other than accommodation, or |
| (b) | is occupied by more than four adults.'. |
Mr Gregory Barker
Sir Sydney Chapman
17
*Page 4 [Clause 4], leave out lines 21 to 23 and insert—
'(6) Regulations under this section shall be made by statutory instrument and shall not be made unless a draft of them has been laid before and approved by a resolution of each House of Parliament'.
Mr Gregory Barker
Sir Sydney Chapman
18
*Page 5 [Clause 5], leave out lines 26 to 28 and insert—
'(9) Regulations under this section shall be made by statutory instrument and shall not be made unless a draft of them has been laid before and approved by a resolution of each House of Parliament'.
Mr Gregory Barker
Sir Sydney Chapman
19
*Page 6 [Clause 6], leave out lines 4 to 6 and insert—
'(1D) Regulations under this section shall be made by statutory instrument and shall not be made unless a draft of them has been laid before and approved by a resolution of each House of Parliament'.
Mr Michael Meacher
13
Page 6, line 15 [Clause 7], leave out 'reference' and insert 'references'.
Mr Michael Meacher
14
Page 6, line 15 [Clause 7], after '1985' insert 'and the Home Energy Conservation Act 1995'.
Mr Michael Meacher
15
Page 6, line 16 [Clause 7], leave out 'is' and insert 'are'.
Mr Michael Meacher
16
Page 6, line 17 [Clause 7], leave out 'that Act' and insert 'those Acts'.
Mr Michael Meacher
6
Page 6, line 28 [Clause 9], leave out 'Section 1 comes' and insert 'Sections 1 and [Fuel poverty] come'.
Mr Michael Meacher
10
Page 6, line 30 [Clause 9], leave out from beginning to 'come' in line 36 and insert—
'(3) Sections 4, 5 and (Review of schemes not conforming to model scheme) come into force at the end of the period of six months beginning with the day on which this Act is passed.
(4) Sections 3 and 6'.
Mr Michael Meacher
7
Page 7, line 4 [Clause 9], leave out 'Act' and insert 'section'.
Mr Michael Meacher
8
Title, line 2, leave out 'housing' and insert 'accommodation'.
