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As an Amendment to Mr Brian Wilson's proposed Amendment (Clause 8, page 4, line 34):
Brian White
(a)
Line 3, leave out '2,' and insert '(Domestic energy efficiency), (Energy Conservation Authorities)'.
Brian White
Mr Brian Wilson
14
Clause 8, page 4, line 35, at end insert—
'(6) This Act comes into force at the end of two months beginning with the day on which it is passed.'.
REMAINING NEW CLAUSES
Duty of Gas and Electricity Markets Authority to carry out impact assessments
Brian White
Mr Brian Wilson
NC2
To move the following Clause:—
'After section 5 of the Utilities Act 2000 (c.27) insert—
"5ADuty of Authority to carry out impact assessment (1) This section applies where—
| (a) | the Authority is proposing to do anything for the purposes of, or in connection with, the carrying out of any function exercisable by it under or by virtue of Part 1 of the 1986 Act or Part 1 of the 1989 Act; and |
| (b) | it appears to it that the proposal is important; |
but this section does not apply if it appears to the Authority that the urgency of the matter makes it impracticable or inappropriate for the Authority to comply with the requirements of this section.
(2) A proposal is important for the purposes of this section only if its implementation would be likely to do one or more of the following—
| (a) | involve a major change in the activities carried on by the Authority; |
| (b) | have a significant impact on persons engaged in the shipping, transportation or supply of gas conveyed through pipes or in the generation, transmission, distribution or supply of electricity; |
| (c) | have a significant impact on persons engaged in commercial activities connected with the shipping, transportation or supply of gas conveyed through pipes or with the generation, transmission, distribution or supply of electricity; |
| (d) | have a significant impact on the general public in Great Britain or in a part of Great Britain; or |
| (e) | have significant effects on the environment. |
(3) Before implementing its proposal, the Authority must either—
| (a) | carry out and publish an assessment of the likely impact of implementing the proposal; or |
| (b) | publish a statement setting out its reasons for thinking that it is unnecessary for it to carry out an assessment. |
(4) An assessment carried out under this section must—
| (a) | include an assessment of the likely effects on the environment of implementing the proposal; and |
| (b) | relate to such other matters as the Authority considers appropriate. |
(5) In determining the matters to which an assessment under this section should relate, the Authority must have regard to such general guidance relating to the carrying out of impact assessments as it considers appropriate.
(6) An assessment carried out under this section may take such form as the Authority considers appropriate.
(7) Where the Authority publishes an assessment under this section—
| (a) | it must provide an opportunity of making representations to the Authority about its proposal to members of the public and other persons who, in the Authority's opinion, are likely to be affected to a significant extent by the proposal's implementation; |
| (b) | the published assessment must be accompanied by a statement setting out how representations may be made; and |
| (c) | the Authority must not implement its proposal unless the period for making representations about the proposal has expired and it has considered all the representations that were made in that period. |
(8) Where the Authority is required (apart from this section)—
| (a) | to consult about a proposal to which this section applies, or |
| (b) | to give a person an opportunity of making representations about it, |
the requirements of this section are in addition to, but may be performed contemporaneously with, the other requirements.
(9) Every report under section 5(1) must set out—
| (a) | a list of the assessments under this section carried out during the financial year to which the report relates; and |
| (b) | a summary of the decisions taken during that year in relation to proposals to which assessments carried out in that year or previous financial years relate. |
(10) The publication of anything under this section must be in such manner as the Authority considers appropriate for bringing it to the attention of the persons who, in the Authority's opinion, are likely to be affected if its proposal is implemented.
(11) References in sections 4AA, 4AB and 4A of the 1986 Act to functions of the Authority under Part 1 of that Act include references to any functions of the Authority under this section that are exercisable in relation to a proposal to do anything for the purposes of, or in connection with, the carrying out of any function of the Authority under Part 1 of the 1986 Act.
(12) References in sections 3A, 3B and 3C of the 1989 Act to functions of the Authority under Part 1 of that Act include references to any functions of the Authority under this section that are exercisable in relation to a proposal to do anything for the purposes of, or in connection with, the carrying out of any function of the Authority under Part 1 of the 1989 Act.".'.
Use of certain money held by Gas and Electricity Markets Authority
Brian White
Mr Brian Wilson
NC3
To move the following Clause:—
'(1) If the Secretary of State so directs, the person prescribed under section 33(1)(b) of the Electricity Act (collection of fossil fuel levy) must pay an amount into the Consolidated Fund out of money that has been paid under section 33(5A) of that Act.
(2) The total of the amounts directed to be paid under this section must not exceed £60,000,000.
(3) At any time which falls after the giving of a direction under this section, the Secretary of State is under a duty to spend the required amount for the purpose of promoting the use of energy from renewable sources.
(4) "The required amount", for the purposes of subsection (3), is an amount of money equal to the total of the amounts that at the time in question have been paid into the Consolidated Fund under subsection (1), less the total of any amounts that the Secretary of State has already spent under subsection (3).
(5) In subsection (3) "renewable sources" means sources of energy other than fossil fuel or nuclear fuel.
(6) In subsection (5) "fossil fuel" means coal, substances produced directly or indirectly from coal, lignite, natural gas, crude liquid petroleum, or petroleum products (and "natural gas" and "petroleum products" have the same meanings as in the Energy Act 1976 (c.76)).
(7) The Secretary of State's duty under subsection (3) is without prejudice to any power or duty of his apart from this section to spend money for the purpose mentioned in that subsection.
(8) In this section—
| (a) | "the Electricity Act" means the Electricity Act 1989 (c.29); and |
| (b) | the references to section 33 of that Act are to that section as it has effect in England and Wales.'. |
Financial provision
Brian White
Mr Brian Wilson
NC4
To move the following Clause:—
'There shall be paid out of money provided by Parliament—
| (a) | any expenditure of the Secretary of State under this Act; and |
| (b) | any increase attributable to this Act in the sums which under any other Act are payable out of money so provided.'. |
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