Amendments proposed to the Energy Bill [Lords], As Amended - continued House of Commons

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Objections to civil penalties

   

Ms Secretary Hewitt

NC13

To move the following Clause:—

    '(1)   A person to whom a civil penalty notice is given may give notice to the Administrator that he objects to the penalty on one or both of the following grounds—

      (a) that he is not liable to pay it;

      (b) that the amount of the penalty is too high.

    (2)   The notice of objection—

      (a) must set out the grounds of the objection and the objector's reasons for objecting on those grounds; and

      (b) must be given to the Administrator in the specified manner and within the specified period after the giving of the civil penalty notice.

    (3)   The Administrator must consider a notice of objection given in accordance with this section and may then—

      (a) cancel the penalty;

      (b) reduce it;

      (c) increase it; or

      (d) confirm it.

    (4)   The Administrator must not enforce a penalty in respect of which he has received a notice of objection before he has notified the objector of the outcome of his consideration of the objection.

    (5)   That notification of the outcome of his consideration must be given, in the specified manner—

      (a) before the end of the specified period; or

      (b) within such longer period as he may agree with the objector.

    (6)   Where, on consideration of an objection, the Administrator increases the penalty, he must give the objector a new civil penalty notice; and, where he reduces it, the notification mentioned in subsection (5) must set out the reduced amount.'.


Appeals against civil penalties

   

Ms Secretary Hewitt

NC14

To move the following Clause:—

    '(1)   A person to whom a civil penalty notice is given may appeal to the court on one or both of the following grounds—

      (a) that he is not liable to pay the penalty;

      (b) that the amount of the penalty is too high.

    (2)   An appeal under this section must be brought within such period after the giving of the civil penalty notice as may be set out in rules of court.

    (3)   On an appeal under this section, the court may—

      (a) allow the appeal and cancel the penalty;

      (b) allow the appeal and reduce the penalty; or

      (c) dismiss the appeal.

    (4)   An appeal under this section is to be by way of a rehearing of the Administrator's decision to impose the penalty.

    (5)   The matters to which the court may have regard when determining an appeal under this section include all matters that the court considers relevant, including—

      (a) matters of which the Administrator was unaware when he made his decision; and

      (b) matters which (apart from this subsection) the court would be prevented from having regard to by virtue of rules of court.

    (6)   An appeal under this section may be brought in relation to a penalty irrespective of whether a notice of objection under section [Objections to civil penalties] has been given in respect of that penalty or whether there has been an increase or reduction under that section.

    (7)   In this section "the court" means—

      (a) in England and Wales or Northern Ireland, the High Court; and

      (b) in Scotland, the Court of Session.'.


Interpretation of Chapter 4 of Part 2

   

Ms Secretary Hewitt

NC15

To move the following Clause:—

    '(1)   In this Chapter—

        "Administrator" means the person appointed by virtue of section [The Administrator] as the Administrator for the purposes of provision made by or under this Chapter;

        "biofuel" means liquid or gaseous fuel that is produced wholly from biomass;

        "blended biofuel" means liquid or gaseous fuel consisting of a blend of biofuel and fossil fuel;

        "civil penalty notice" has the meaning given by section [Imposition of civil penalties](2);

        "renewable transport fuel" means—

      (a) biofuel;

      (b) blended biofuel;

      (c) any solid, liquid or gaseous fuel (other than fossil fuel or nuclear fuel) which is produced—

      (i) wholly by energy from a renewable source; or

      (ii) wholly by a process powered wholly by such energy; or

      (d) any solid, liquid or gaseous fuel which is of a description of fuel designated by an RTF order as renewable transport fuel;

        "renewable transport fuel obligation" has the meaning given by section [Imposition of renewable transport fuel obligations](1);

        "RTF order" has the meaning given by section [Imposition of renewable transport fuel obligations](3);

        "specified" means specified in, or determined in accordance with, an RTF order;

        "supply" means, in relation to fuel, the supply of that fuel to any person with a view to its being used (whether by that person or any person to whom it is subsequently supplied) wholly or primarily for transport purposes;

        "transport fuel" means—

      (a) renewable transport fuel;

      (b) fossil fuel; or

      (c) any solid, liquid or gaseous fuel that is neither renewable transport fuel nor fossil fuel;

        "transport fuel supplier" means a person who, in the course of any business of his, supplies transport fuel at or for delivery to places in the United Kingdom.

    (2)   For the purposes of this section a process powered by electricity that was generated by energy from a particular source is to be treated as being powered by energy from that source.

    (3)   For the purposes of this section fuel is used for transport purposes if—

      (a) it is used as fuel for one or more of the following, namely, vehicles, vessels, aircraft, trains or any other mode of transport; or

      (b) it is used for producing fuel that is intended to be so used.

    (4)   In this section—

        "biomass" means the biodegradeable portion of a specified product, waste or residue;

        "fossil fuel" has the same meaning as in section 32 of the 1989 Act;

        "renewable source" means, in relation to energy, any of the following sources of energy—

      (a) wind;

      (b) solar heat;

      (c) water (including waves and tides);

      (d) geothermal sources; or

      (e) biomass.'.


Regulations relating to proposed disconnection of electricity supply

   

Miss Anne McIntosh
Mr Laurence Robertson
Mr Robert Key
Mr Richard Page
Mr David Ruffley
Mr Andrew Stunell

Norman Baker

NC1

To move the following Clause:—

    '(1)   The Secretary of State shall, within six months of the coming into force of this section and from time to time thereafter, make regulations prescribing the procedures to be followed in the event of a proposed disconnection of supply by an electricity company, in particular in relation to households with—

      (a) customers of pensionable age,

      (b) adults or children who are disabled or have a long-term illness, or

      (c) children aged five or under.

    (2)   Regulations under this section shall, in particular, make provision about the role of the Social Services Departments of local authorities in relation to proposals for disconnection.

    (3)   Regulations under this section shall, in particular, set out the administrative procedures to be followed as part of suppliers' final licence obligation.

    (4)   Before making regulations under this section, the Secretary of State must consult such persons as he considers appropriate.

    (5)   Subsection (4) may be satisfied by consultation that took place wholly or partly before the commencement of this section.

    (6)   The duty to make regulations containing provision authorised by this section is subject to the affirmative resolution procedure.'.


Annual report on energy efficiency

   

Miss Anne McIntosh
Mr Laurence Robertson
Mr Robert Key
Mr Richard Page
Mr David Ruffley
Mr Andrew Stunell

Norman Baker

NC2

To move the following Clause:—

       'The Secretary of State shall publish in such form as he sees fit an annual report setting out what steps he has taken and proposes to take to secure carbon savings from domestic energy efficiency of 5MtC per annum by 2010 and a further 4MtC per annum by 2020.'.


Duties relating to energy efficiency and carbon savings

   

Miss Anne McIntosh
Mr Laurence Robertson
Mr Robert Key
Mr Richard Page
Mr David Ruffley
Mr Andrew Stunell

Norman Baker

NC3

To move the following Clause:—

    '(1)   It shall be the duty of the Secretary of State to—

      (a) promote energy efficiency generally; and

      (b) in particular, implement energy efficiency measures that will—

      (i) assist with the achievement of carbon savings from domestic energy efficiency by 2010 over and above the 4.2MtC savings specified in the Energy Efficiency Implementation Plan; and

      (ii) achieve carbon savings of 5MtC by 2010 from energy efficiency in the domestic sector.

    (2)   Action taken pursuant to this section shall be commenced as soon as is reasonably practicable.

    (3)   In this section, the "Energy Efficiency Implementation Plan" is the document entitled "Energy Efficiency The Government's Plan for Action" published by the Department for Environment, Food and Rural Affairs in April 2004 (Cm 6168).'.


Amendment of Sustainable Energy Act 2003

   

Brian White
Glenda Jackson
Mr Malcolm Savidge
Mr Harry Barnes
Jane Griffiths
Rob Marris

Lynne JonesMr Ronnie CampbellTony Lloyd
Paul FlynnMr Tony ColmanMr Dennis Turner
Mr Jim CousinsDerek WyattJulia Drown
Mrs Betty WilliamsAlan HowarthMr Andrew Stunell
Norman BakerDr Rudi VisJim Dobbin
Mr Robert N. WareingJohn McDonnellDr Brian Iddon
Mr Kerry PollardRob MarrisJane Griffiths
Mr Malcolm SavidgeGlenda JacksonMr Harry Barnes

NC6

To move the following Clause:—

    '(1)   After section 2 of the Sustainable Energy Act 2003 there is inserted—

          "2A   Energy Efficiency of Residential Accommodation: UK Policy Goal

          (1)   For the purposes of this section the 'UK policy goal' is the amount of carbon savings from energy efficiency of residential accommodation specified by this section.

          (2)   Subject to subsection (5) below the UK policy goal for energy efficiency of residential accommodation shall be the achievement of 5MtC savings by 2010 and a further 4MtC savings by 2020.

          (3)   The energy efficiency aim set pursuant to section 2 of this Act shall be the achievement of such percentage of carbon savings of the UK policy goal that in the opinion of the Secretary of State ought to be delivered by measures relating to England.

          (4)   Where an aim has been set pursuant to section 2 of this Act that does not reflect the percentage of the UK policy goal to be delivered by measures relating to England, then within six months that aim shall be changed in order to reflect that percentage and the Secretary of State must take reasonable steps to achieve that changed aim.

          (5)   The Secretary of State may at any time designate an increase in the UK policy goal and any such designation must be published in such manner as the Secretary of State deems appropriate and in such case any aim set pursuant to section 2 of this Act shall be reviewed and if necessary amended to reflect the percentage of the new goal that in the opinion of the Secretary of State ought to be delivered by measures relating to England.

          (6)   The Secretary of State shall report annually to Parliament on steps that he has taken and proposes to take to assist with the achievement of the UK policy goal.

          (7)   In this section 'residential accommodation' has the meaning given by section 2(9) above."

    (2)   After section 9(3) of the Sustainable Energy Act 2003 there is inserted—

          "(3A)   Section 2A(1), (2), (5), (6) and (7) extends to England, Wales, Scotland and Northern Ireland.

          (3B)   Section 2A(3) and (4) extends to England only.".'.

 
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