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As an Amendment to Ms Secretary Hewitt's Amendment (No. 5) (Page 79, line 23[Clause 100]):—
Mrs Gwyneth Dunwoody
(b)
Line 65, leave out from 'navigation' to end of line 67 and insert 'means—
| (a) | anything that constitutes the use of such a sea lane for the purposes of Article 60(7) of the United Nations Convention on the Law of the Sea 1982 (Cmnd 8941); or |
| (b) | any use of waters in the territorial sea adjacent to Great Britain that would fall within paragraph (a) if the waters were in a Renewable Energy Zone.'. |
Ms Secretary Hewitt
6
Page 79, line 32 [Clause 100], at end insert—
'( ) In subsection (1) of section 35 of the Coast Protection Act 1949 (c. 74) (operations not requiring consent under section 34), after paragraph (g) insert—
| "(ga) | subject to subsection (3) of this section, any operations comprised in offshore generating activities carried out in accordance with a consent under section 36 of the Electricity Act 1989 granted after the commencement of section 100 of the Energy Act 2004;". |
( ) After subsection (2) of that section insert—
"(3) Operations in or as regards Scotland fall within paragraph (ga) of that subsection only if and to the extent that the Scottish Ministers by order made by statutory instrument so provide.
(4) A statutory instrument containing an order under subsection (3) shall not be made unless a draft of the instrument has been laid before and approved by a resolution of the Scottish Parliament.
(5) In that paragraph 'offshore generating activities' has the same meaning as in section 36B of the Electricity Act 1989.".'.
Ms Secretary Hewitt
7
Page 79, line 42 [Clause 101], after 'extension', insert 'of a generating station'.
Ms Secretary Hewitt
13
Page 95, line 26 [Clause 116], leave out from beginning to 'insert' in line 37 and insert—
'( ) For subsection (3) of that section substitute—
"(2A) An order under section 32 may provide that, where—
| (a) | a renewables obligation is one in relation to which provision made by virtue of subsection (1)(b) applies in the case of the electricity supplier who is subject to the obligation, and |
| (b) | the period ending with such day (after the day by which the obligation had to be complied with) as may be specified in or determined under the order has not expired, |
the taking of steps under section 27A in respect of a contravention by that supplier of that obligation is prohibited or otherwise restricted to the extent specified in the order.
(2B) An order under section 32 may provide that, in a case in which the amount received by the Authority, or by the Northern Ireland authority, by way of discharge payments for a period falls short of the amount due in respect of that period, persons who—
| (a) | were subject to renewables obligations for the relevant period, and |
| (b) | are of a description specified in or determined under the order, |
must, by the time and in the circumstances so specified or determined, make a payment (or further payment) to the Authority of an amount calculated in the manner so specified or determined.
(2C) An order under section 32 may not by virtue of subsection (2B) confer an entitlement on the Authority to receive a payment in respect of the shortfall for any period—
| (a) | in the case of a shortfall in the amount received by the Authority, if the receipt of the payment is to be while a prohibition or restriction by virtue of subsection (2A) applies, in one or more cases, to the taking of steps in relation to contraventions of renewables obligations for that period; or |
| (b) | in the case of a shortfall in the amount received by the Northern Ireland authority, if the receipt of the payment is to be while a prohibition or restriction by virtue of a corresponding provision having effect in Northern Ireland applies, in one or more cases, to the taking of steps in relation to contraventions of Northern Ireland obligations for that period. |
(2D) The provision that may be made by virtue of subsection (2B) includes—
| (a) | provision for the making of adjustments and repayments at times after a requirement to make payments in respect of a shortfall for a period has already arisen; and |
| (b) | provision that sections 25 to 28 are to apply in relation to a requirement imposed by virtue of that subsection on a person who is not a licence holder as if he were a licence holder. |
(3) The amounts received by the Authority by virtue of the preceding provisions of this section must be paid by it to electricity suppliers in accordance with a system of allocation specified in an order under section 32."
( ) In that section, at the end'.
Ms Secretary Hewitt
14
Page 95, line 40 [Clause 116], at end insert—
'(7) For the purposes of this section—
| (a) | the amount received by the Authority by way of discharge payments for a period falls short of the amount due in respect of that period, and |
| (b) | the amount received by the Northern Ireland authority by way of discharge payments for a period falls short of the amount due in respect of that period, |
if, and to the extent that, the Authority or (as the case may be) the Northern Ireland authority would have received more by way of discharge payments if every renewables obligation or (as the case may be) Northern Ireland obligation for that period, so far as it was not otherwise discharged, had been discharged by payment.
(8) In this section—
'discharge payment', in relation to a period, means—
| (a) | a payment by virtue of paragraph (a) of subsection (1) for discharging (in whole or in part) an electricity supplier's renewables obligation for that period; |
| (b) | so much of a payment by virtue of paragraph (b) of that subsection for securing that such an obligation is treated as discharged to any extent as does not exceed the payment that would have discharged that obligation to the same extent if it had been made before the day mentioned in that paragraph; or |
| (c) | so much of any payment to the Northern Ireland authority as corresponds, in relation to a Northern Ireland obligation for that period, to anything falling within paragraph (a) or (b) above; |
'Northern Ireland obligation' means a renewables obligation of a Northern Ireland supplier under Article 52 of the Energy (Northern Ireland) Order 2003 (S.I.2003/419 (N.I.6));
| (a) | in relation to a shortfall in amounts received by the Authority by way of discharge payments for a period, means that period; and |
| (b) | in relation to a shortfall in amounts received by the Northern Ireland authority by way of discharge payments for a period, means any period that includes the whole or a part of that period.".'. |
Ms Secretary Hewitt
18
Page 101, line 23, leave out Clause 125.
Ms Secretary Hewitt
8
Page 108, line 34 [Clause 140], leave out '3A(5)(a)' and insert '3A—
| ( ) | in subsection (1) (principal objective of GEMA in relation to electricity), at the end insert "or the provision or use of electricity interconnectors"; and |
| ( ) | in subsection (5)(a)'. |
Mr Andrew Stunell
Norman Baker
43
Page 127, line 14 [Clause 165], at end insert—
'(3A) In assessing the materiality of the effect of a decision on the interests of a person making an appeal (or on those of the persons that the body or association making the appeal represents), the Competition Commission shall have regard to whether that effect (if capable of financial quantification) is likely to exceed the cost of conducting the appeal.'.
Mr Michael Weir
48
Page 132, line 26 [Clause 173], at end insert—
'(1A) It shall be a duty of every supplier of gas to ensure that the standing charge, if applied, and the unit cost of gas supplied by means of a pre-payment meter shall be no more than the standard charges applied to customers purchasing gas by means of quarterly bills.'.
Mr Michael Weir
49
Page 133, line 16 [Clause 173], at end insert—
'(2A) It shall be a duty of every electricity supplier to ensure that the standing charge, if applied, and the unit cost of electricity supplied by means of a pre-payment meter shall be no more than the standard charges applied to customers purchasing electricity by means of quarterly bills.'.
Mr Michael Weir
50
Page 136, line 30 [Clause 176], leave out 'three' and insert 'ten'.
Mr Michael Weir
51
Page 136, line 31 [Clause 176], leave out 'three' and insert 'ten'.
Mr Alex Salmond
Mr Michael Weir
Mr Andrew Stunell
Norman Baker
22
Page 137, line 17 [Clause 177], leave out 'so generating electricity' and insert 'generating electricity fron renewable sources and from other forms of generation'.
Mr Alex Salmond
Mr Michael Weir
Mr Andrew Stunell
Norman Baker
23
Page 137, line 23 [Clause 177], leave out 'from renewable sources'.
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