Energy Bill
FIFTH
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE
The amendments have been marshalled in accordance with the Instruction of 2nd June 2008, as follows—
Clauses 80 to 96
Schedule 4
Clauses 97 | Schedule 5
Clauses 98 to 102 |
[Amendments marked * are new or have been altered]
Amendment
No.
| 63C | Insert the following new Clause— |
| (1) | Within 12 months of this Act receiving Royal Assent the Secretary of State must make regulations— |
| (a) | requiring that all domestic buildings built after 2012 can function on a zero-carbon basis, and |
| (b) | making it mandatory to fit all buildings built after 2010 with appropriate renewable heating systems. |
| (2) | Within 6 months of this Act receiving Royal Assent the Secretary of State must present to Parliament a report including a programme to upgrade existing domestic, commercial, public, and industrial buildings to a minimum Energy Efficiency Rating of B within a ten year period. |
| (3) | The programme, established under subsection (2) above, may specify criteria for excluding certain buildings, or categories of buildings from the programme. |
| (4) | Buildings may be excluded on grounds including, but not limited to— |
| (a) | their historic status, |
| (b) | excessive costs of insulation, |
| (c) | their short remaining life." |
| 64 | Page 72, line 36, leave out sub-paragraph (ii) |
| 65 | Page 72, leave out lines 38 to 41 and insert "paragraph (c)" |
| 66 | Page 73, leave out lines 1 to 18 |
| 67 | Page 73, line 17, leave out subsection (3) |
| 68 | Page 74, line 23, after "date" insert "that is no later than 1st January 2018" |
| 68A* | Page 74, line 24, at end insert— |
| "( ) | provision requiring a levy to be raised on gas transportation or electricity distribution charges and paid out to licensees in order to cover, in whole or in part, the cost of stranded meter assets; |
| ( ) | provision requiring the holder of a licence, solely or jointly with other licence holders, to tender for the purchase of services related to meters on an exclusive basis in relation to a specified area" |
| 69 | Page 74, line 24, at end insert— |
| "( ) | Regulations under this section must— |
| (a) | be made within a period of 12 months beginning on the date on which this Act is passed, and |
| (b) | must specify that installation must be completed in all homes by the end of a specified period of ten years from the date on which regulations are made." |
| 70 | Page 74, line 24, at end insert— |
| "( ) | Where the Secretary of State makes modifications under this section, such modifications must require that such meters have the facility to provide data on gas or electricity consumption in such form that it may be used for the purpose of assisting the householder to select the gas or electricity tariff which is most to the householder's advantage." |
| 71 | Page 74, line 26, leave out first "different" |
| 72 | Page 74, line 26, leave out second "different" and insert "all" |
| 73 | Page 74, line 28, leave out paragraph (b) |
| 74 | Page 74, line 31, leave out paragraph (c) |
| 74A | Insert the following new Clause— |
| | "Smart meters: installation |
| (1) | The Secretary of State shall make regulations requiring the installation of smart meters for the supply of gas and electricity in all domestic hereditaments subject to the following provisions— |
| (a) | that within 12 months of the coming into force of this Act, the Secretary of State shall lay before Parliament a timetable for the introduction of smart meters; |
| (b) | that within 12 months of the coming into force of this Act, the Secretary of State shall lay before Parliament, a draft of the proposal for regulations for the introduction of smart meters. |
| (2) | In this section, a "smart meter" means a gas or electricity meter with two way communication capabilities including a communication capability to display— |
| (a) | household usage on a daily basis; |
| (b) | total cost within a billing period of units concerned; and |
| 75 | Insert the following new Clause— |
| | "Power to amend licence conditions etc: carbon dioxide emission targets and fuel poverty |
| (1) | The Secretary of State may modify— |
| (a) | a condition of a particular electricity suppy licence under section 6(1)(d) of the Electricity Act 1989 (c. 29); |
| (b) | the standard conditions incorporated in licences under those provisions by virtue of section 8A of that Act; |
| (c) | a condition of a particular gas supply licence under section 7A of the Gas Act 1986 (c. 44); |
| (d) | the standard conditions incorporated in licences under those provisions by virtue of section 8 of that Act; |
| (e) | a document maintained in accordance with the conditions of licences under section 6(1) of the Electricity Act 1989 or section 7 or 7A of the Gas Act 1986, or an agreement that gives effect to a document so maintained. |
| (2) | The Secretary of State may exercise the power in subsection (1) for the purpose of requiring the holder of a licence to promote measures, in respect of the group of customers defined in subsection (4), pursuant to any order made under Part 1 of the Gas Act or Part 1 of the Electricity Act 1989 that imposes an obligation on suppliers to achieve carbon dioxide emission reduction targets. |
| (3) | Modifications made by virtue of subsection (1) may include— |
| (a) | provision about the protection of consumers; |
| (b) | provision requiring the holder of the licence to enter (or refrain from entering) into an agreement of a specified kind, or with a specified person; |
| (c) | provision specifying, or enabling the determination of, a date from which a modification is to take effect. |
| (4) | In subsection (2) "the group of customers" means customers who are— |
| (a) | in receipt of income or disability benefits, |
| (b) | in receipt of tax or pension credits, or |
| (5) | The Secretary of State shall, within 6 months of this Act receiving Royal Assent, lay before Parliament regulations making provision for the provision of information to licence holders enabling them to identify those of their customers who fall within the group defined in subsection (4), and provision about the use, sharing and protection of that information. |
| (6) | Regulations under subsection (5) shall make provision in relation to matters including, but not limited to— |
| (a) | disclosure to licence holders of specified information, |
| (b) | conditions relating to the security of information disclosed, |
| (c) | conditions relating to the use and sharing of such information. |
| (7) | Regulations under subsection (5) shall be made by statutory instrument and shall be subject to affirmative resolution of each House of Parliament." |
| | BARONESS FINLAY OF LLANDAFF |
| 76 | Insert the following new Clause— |
| | "Duty to protect public health |
| (1) | The Electricity Act 1989 (c. 29) is amended as follows. |
| (2) | In section 3D(2) (exceptions from sections 3A to 3C) omit the words "or 37". |
| (3) | In section 29 (regulations relating to supply and safety), after subsection (2)(g) insert— |
| "(h) | specify the distance at which any new high voltage line should be installed from any existing development." |
| (4) | After section 37(3) insert— |
| "(3A) | In granting consent under this section, the Secretary of State must ensure that he does not expose any person to any risk to their health arising from exposure to electric and magnetic fields with a frequency of between 30-300 Hertz." |
| (5) | In Schedule 8 (consents under sections 36 and 37) at the end of paragraph 2(1) insert "and the Health Protection Agency". |
| (6) | In Schedule 8 (consents under sections 36 and 37) in paragraph 2(2) after "relevant planning authority" insert "or the Health Protection Agency". |
| (7) | In Schedule 8 (consents under sections 36 and 37) after paragraph 2(6) insert— |
| "(7) | In this Schedule "Health Protection Agency" has the same meaning as in the Health Protection Agency Act 2004 and includes any successor to its functions in respect of radiation."" |
| 76A | Insert the following new Clause— |
| | "Adaptation of role of OFT in initial investigations and report |
| (1) | In section 44(3)(b) of the Enterprise Act 2002 (c. 40) (initial report by OFT in public interest cases must include summary of representation about public interest considerations) for the words "(other than a media public interest consideration)" substitute "(other than a media or an energy public interest consideration)". |
| (2) | After section 44(5A) of that Act insert— |
| "(5B) | The report may, in particular, contain a summary of any representations about the case which have been received by the OFT and which relate to any energy public interest consideration mentioned in the intervention notice concerned and which is or may be relevant to the Secretary of State's decision as to whether to make a reference under section 45." |
| (3) | After section 44(7) of that Act insert— |
| "(8) | In this Part "energy public interest consideration" means any consideration which, at the time of the giving of the intervention notice concerned— |
| (a) | is specified in section 58(2D); or |
| (b) | in the opinion of the Secretary of State, is concerned with energy and ought to be specified in section 58. |
| (4) | After section 44A of that Act insert— |
| "44B | Additional investigation and report by OFGEM; energy acquisitions, mergers or takeovers |
| (1) | Subsection (2) applies where— |
| (a) | the Secretary of State has given an intervention notice in relation to a relevant acquisition, merger or takeover situation; and |
| (b) | the intervention notice mentions any energy public interest consideration. |
| (2) | OFGEM shall, within such period as the Secretary of State may require, give a report to the Secretary of State on the effect of the consideration or considerations concerned on the case. |
| (3) | The report shall contain— |
| (a) | advice and recommendations on any energy public interest consideration mentioned in the intervention notice concerned and which is or may be relevant to the Secretary of State's decision as to whether to make a reference under section 45; and |
| (b) | a summary of any representations about the case which have been received by OFGEM and which relate to any such consideration. |
| (4) | OFGEM's advice shall cover the issues of— |
| (5) | OFGEM shall carry out such investigations as they consider appropriate for the purposes of producing a report under this section."" |
| 76B | Insert the following new Clause— |
| | "Energy public interest considerations |
| (1) | After subsection (2C) of section 58 of the Enterprise Act 2002 (considerations specified as public interest considerations for the purpose of the main merger regime) insert— |
| "(2D) | The following are specified in this section— |
| (a) | the need, in relation to energy supplies, for there to be a plurality of persons with control of the energy enterprises providing those supplies; |
| (b) | the need for security of energy supply." |
| (2) | After section 58A of that Act insert— |
| "58B | Construction of consideration specified in section 58(2D) |
| (1) | For the purposes of section 58 and this section, an enterprise is an energy enterprise if it is involved in the production or supply of electricity or gas. |
| (2) | For the purposes of section 58, where two or more energy enterprises— |
| (a) | would fall to be treated as under common ownership or common control for the purposes of section 26, or |
| (b) | are otherwise in the same ownership or under the same control, |
| | they shall be treated as all under the control of only one person. |
| (3) | The power under subsection (3) of section 58 to modify that section includes power to modify this section."" |
| 77 | Page 82, line 41, at end insert— |
| "( ) | section 13 (importation and storage of combustible gas: inspectors), |
| ( ) | section 27 (carbon dioxide storage: inspectors)," |
| 78 | Page 139, line 6, at end insert— |
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