Amendments proposed to the Energy Bill [Lords], As Amended - continued	House of Commons
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Mr Andrew Stunell
Norman Baker

37

Page     4,     line     21     [Clause     3],     at end insert—

    '(10)   No powers allocated to the NDA shall be taken to affect the powers and duties of NIREX.'.

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Mr Andrew Stunell
Norman Baker

42

Page     5,     line     29     [Clause     5],     at end insert—

    '(5A)   The provisions of subsection (5)(e) above shall only be exercised in respect of British Energy following bankruptcy of that company.'.

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Mr Andrew Stunell
Norman Baker

38

Page     7,     line     10     [Clause     7],     at end insert—

    '(1A)   The NDA shall undertake no activities that will lead to an increase in the generation of nuclear waste except pursuant to the safe operation of nuclear plants for power generation.'.

   

Mr Andrew Stunell
Norman Baker

39

Page     7,     line     18     [Clause     7],     at end insert—

    '(2A)   The NDA shall not allow considerations relating to the potential generation of income to result in additional production of nuclear wastes.'.

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Mr Andrew Stunell
Norman Baker

29

Page     8,     line     33     [Clause     9],     leave out 'need to safeguard the environment' and insert 'environmental principles set out in section [Environmental principles for purposes of Part 1] and'.

   

Mr Andrew Stunell
Norman Baker

30

Page     8,     line     34     [Clause     9],     leave out paragraph (c).

   

Mr Andrew Stunell
Norman Baker

31

Page     8,     line     39     [Clause     9],     leave out paragraph (a) and insert—

'(a)	to ensure that the health and safety of people and the environment must be protected from the harmful effects of nuclear wastes;'.

   

Mr Andrew Stunell
Norman Baker

32

Page     8,     line     42     [Clause     9],     leave out paragraph (b) and insert—

'(b)	to ensure that the costs of pollution must be borne by the person or body responsible for causing the pollution; and'.

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Mr Andrew Stunell
Norman Baker

33

Page     9,     line     1     [Clause     9],     leave out paragraph (c).

   

Mr Andrew Stunell
Norman Baker

34

Page     9,     line     4     [Clause     9],     after first 'to', insert 'section [Environmental principles for purposes of Part 1](1),'.

   

Mr Andrew Stunell
Norman Baker

40

Page     9,     line     4     [Clause     9],     after first 'to', insert 'section 7(2A),'.

   

Mr Andrew Stunell
Norman Baker

35

Page     9,     line     4     [Clause     9],     leave out 'to (c)' and insert 'and (b)'.

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Mr Michael Weir

45

Page     10,     line     28     [Clause     10],     leave out paragraph (a).

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Mr Andrew Stunell
Norman Baker

28

Page     14,     line     4     [Clause     13],     at end insert—

'(g)	a report on the justification for the continued operation of nuclear installations operated under section 3(1)(a) and (1)(b).'.

   

Mr Andrew Stunell
Norman Baker

36

Page     14,     line     36     [Clause     14],     at beginning insert—

    '( )   The Secretary of State shall publish an annual report on the nuclear industry, setting out the Government's aims and objectives for the industry, together with a comprehensive financial statement, setting out the monies expended, and allocated, by Government on the nuclear industry.'.

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Ms Secretary Hewitt

1

Page     63,     line     39,     leave out Clause 81.

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Dr Desmond Turner
Mr Colin Challen

20

Page     64     [Clause     81],     leave out lines 2 to 24 and insert—

    '(1)   The main duties of the Secretary of State and the Gas and Electricity Markets Authority (in this Act referred to as "the Authority") in carrying out their respective functions under this Part are—

(a)

to protect the interests of consumers in relation to electricity conveyed by distribution systems, wherever appropriate by promoting effective competition between persons engaged in, or in commercial activities connected with, the generation, transmission, distribution or supply of electricity or the provision or use of electricity interconnectors;

(b)	to carry out their respective functions under this Part in the manner which he or it considers is best calculated to further the duty set out in paragraph (a), having regard to—

(i)	the need to secure that all reasonable demands for electricity are met, and

(ii)	the need to secure that licence holders are able to finance the activities which are the subject of obligations imposed by or under this Part, the Utilities Act 2000 or Part 3 or 4 of the Energy Act 2004; and

(c)	to ensure that there is no detriment to the promotion of—

(i)	renewable energy, and

(ii)	sustainable development.'.

   

Ms Secretary Hewitt

2

Page     64,     line     32     [Clause     82],     after 'development', insert 'or the bringing into use'.

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Mr Michael Weir

46

Page     74,     line     22     [Clause     94],     at end insert—

    '(2A)   Before making such a notice he shall consult the Scottish Fishermen's Federation or NFFO and consider any views put forward as to the effect on their industry prior to issuing such a notice.'.

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Ms Secretary Hewitt

3

Page     78,     line     1,     leave out Clauses 98 and 99.

   

Ms Secretary Hewitt

4

Page     78,     line     18     [Clause     100],     after 'extension', insert 'of a generating station'.

   

Mr Michael Weir

47

Page     78,     line     23     [Clause     100],     at end insert—

    '(1A)   Such a declaration may not be made in respect of areas which are wholly or partly within traditional fishing grounds until such time as the Scottish Fishermen's Federation or the NFFO shall have been consulted and given the opportunity to state their views on the application and the impact on their industries.'.

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Ms Secretary Hewitt

5

Page     79,     line     23     [Clause     100],     at end insert—

    '36B   Duties in relation to navigation

    (1)   Neither the Secretary of State nor the Scottish Ministers may grant a consent in relation to any particular offshore generating activities if he considers, or (as the case may be) they consider, that interference with the use of recognised sea lanes essential to international navigation—

(a)	is likely to be caused by the carrying on of those activities; or

(b)	is likely to result from their having been carried on.

    (2)   It shall be the duty both of the Secretary of State and of the Scottish Ministers, in determining—

(a)	whether to give a consent for any particular offshore generating activities, and

(b)	what conditions to include in such a consent,

       to have regard to the extent and nature of any obstruction of or danger to navigation which (without amounting to interference with the use of such sea lanes) is likely to be caused by the carrying on of the activities, or is likely to result from their having been carried on.

    (3)   In determining for the purposes of this section what interference, obstruction or danger is likely and its extent and nature, the Secretary of State or (as the case may be) the Scottish Ministers must have regard to the likely overall effect (both while being carried on and subsequently) of—

(a)	the activities in question; and

(b)	such other offshore generating activities as are either already the subject of consents or are activities in respect of which it appears likely that consents will be granted.

    (4)   For the purposes of this section the effects of offshore generating activities include—

(a)	how, in relation to those activities, the Secretary of State and the Scottish Ministers have exercised or will exercise their powers under section 36A above and section 101 of the Energy Act 2004 (extinguishment of public rights of navigation); and

(b)	how, in relation to those activities, the Secretary of State has exercised or will exercise his powers under sections 94 and 95 and Chapter 3 of Part 2 of that Act (safety zones and decommissioning).

    (5)   If the person who has granted a consent in relation to any offshore generating activities thinks it appropriate to do so in the interests of the safety of navigation, he may at any time vary conditions of the consent so as to modify in relation to any of the following matters the obligations imposed by those conditions—

(a)	the provision of aids to navigation (including, in particular, lights and signals);

(b)	the stationing of guard ships in the vicinity of the place where the activities are being or are to be carried on; or

(c)	the taking of other measures for the purposes of, or in connection with, the control of the movement of vessels in that vicinity.

    (6)   A modification in exercise of the power under subsection (5) must be set out in a notice given by the person who granted the consent to the person whose obligations are modified.

    (7)   In this section—

'consent' means a consent under section 36 above;

'offshore generating activities' means—

(a)	the construction or operation of a generating station that is to comprise or comprises (in whole or in part) renewable energy installations; or

(b)	an extension of a generating station that is to comprise (in whole or in part) renewable energy installations or an extension of such an installation;

'the use of recognised sea lanes essential to international navigation' has the same meaning as in Article 60(7) of the United Nations Convention on the Law of the Sea 1982 (Cmnd 8941).

    (8)   In subsection (7) 'extension', in relation to a renewable energy installation, has the same meaning as in Chapter 2 of Part 2 of the Energy Act 2004.".'.

Prepared 13 Jul 2004