21

House of Commons

Tuesday 19th February 2008

Public Bill Committee

New Amendments handed in are marked thus

Other Amendments not tabled within the required notice period are marked thus

Energy Bill

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Note

The Amendments have been arranged in accordance with the Resolution of the

Programming Sub-Committee [28th January 2008].

Resolution of the Programming Sub-Committee

The Programming Sub-Committee appointed by the Speaker in respect of the Bill

agreed the following Resolution at its meeting on Monday 28th January (Standing Order

No. 83C):

That—

(1)	the Committee shall (in addition to its first meeting at 10.30 a.m. on Tuesday

5th February) meet—

(a)	at 4.00 p.m. on Tuesday 5th February;

(b)	at 10.30 a.m. on Tuesday 19th February;

(c)	at 9.00 a.m. and 1.00 p.m. on Thursday 21st February;

(d)	at 10.30 a.m. and 4.00 p.m. on Tuesday 26th February;

(e)	at 9.00 a.m. and 1.00 p.m. on Thursday 28th February;

(f)	at 10.30 a.m. and 4.00 p.m. on Tuesday 4th March;

(g)	at 9.00 a.m. and 1.00 p.m. on Thursday 6th March;

(h)	at 10.30 a.m. and 4.00 p.m. on Tuesday 11th March;

(2)	the Committee shall hear oral evidence in accordance with the following

Table:

TABLE

	Date	Time	Witness
	Tuesday 5th February	Until no later than 12 noon	The Confederation of British
			Industry (CBI); Trades Union
			Congress; EEF
	Tuesday 5th February	Until no later than 1.00 p.m.	Scottish and Southern Energy plc;
			E.On UK plc; EDF Energy plc;
			Centrica plc; Scottish Power plc;
			RWE npower plc
	Tuesday 5th February	Until no later than 5.00 p.m.	National Grid plc; Energy
			Networks Assocation; The Gas
			and Electricity Markets Authority;
			energywatch
	Tuesday 5th February	Until no later than 6.00 p.m.	British Energy; Nuclear Industry
			Association; Nuclear Installations
			Inspectorate; Nuclear
			Decommissioning Authority
	Tuesday 5th February	Until no later than 7.00 p.m.	Mr Tom Burke; Greenpeace Ltd;
			Friends of the Earth; Green
			Alliance
	Tuesday 19th February	Until no later than 11.20 a.m.	Renewable Energy Association;
			British Wind Energy Association;
			Sustainable Development
			Commission
	Tuesday 19th February	Until no later than 12.00 noon	Carbon Capture & Storage
			Association; The United Kingdom
			Offshore oil and Gas Industry
			Association Ltd; SGBI Gas
			Storage Operators Group
	Tuesday 19th February	Until no later than 1.00 p.m.	Department of Business,
			Enterprise and Regulatory Reform

Public Bill Committee: 19th February 2008

22

Energy Bill, continued

(3)	the proceedings shall be taken in the following order: Clauses 1 to 35;

Schedule 1; Clauses 36 to 40; Schedule 2; Clauses 41 to 72; Schedule 3;

Clauses 73 to 91; Schedule 4; Clause 92; Schedule 5; Clauses 93 to 97; new

Clauses; new Schedules; remaining proceedings on the Bill;

(4)	the proceedings shall (so far as not previously concluded) be brought to a

conclusion at 7.00 p.m. on Tuesday 11th March.

Malcolm Wicks has given notice of his intention to move a motion in the terms of the

Resolution of the Programming Sub-Committee [Standing Order No. 83C].

Malcolm Wicks

That, subject to the discretion of the Chairman, any written evidence received by the

Committee shall be reported to the House for publication.

Malcolm Wicks

That, at this and any subsequent meeting at which oral evidence is to be heard, the

Public Bill Committee: 19th February 2008

23

Energy Bill, continued

Committee shall sit in private until the witnesses are admitted.

Steve Webb

Martin Horwood

19

Clause  3,  page  3,  line  21,  at end insert—

‘(4)    

(a)	The Secretary of State shall consult with relevant environmental bodies,

particularly in relation to marine plans, when granting licences.

(b)	“environmental bodies” are defined as government departments and their

agencies with particular responsibility for environmental issues.’.

Charles Hendry

Mr John Baron

7

Clause  7,  page  4,  line  29,  at end insert—

‘(c)	has a decommissioning programme for the facility, which has been

approved by the Secretary of State.’.

Charles Hendry

Mr John Baron

8

Clause  7,  page  4,  line  35,  at end insert—

‘(4)	A person guilty of an offence under this section is liable to be subject to a bar on

future licence applications, for a period of time to be determined by the Secretary

of State.’.

Charles Hendry

Mr John Baron

9

Clause  8,  page  5,  line  24,  at end insert—

‘(6)	A person guilty of an offence under this section is liable to be subject to a bar on

future licence applications, for a period of time to be determined by the Secretary

of State.’.

Charles Hendry

Mr John Baron

10

Clause  12,  page  6,  line  41,  at end insert—

‘(d)	the appropriate length of appointment for an inspector.’.

Public Bill Committee: 19th February 2008

24

Energy Bill, continued

Charles Hendry

Mr John Baron

11

Clause  12,  page  7,  line  8,  at end add—

‘(c)	by the revocation of the licence, at the discretion of the Secretary of

State.’.

Steve Webb

Martin Horwood

20

Clause  17,  page  9,  line  20,  at end insert—

‘(4)    

(a)	The Secretary of State shall consult with relevant environment bodies,

particularly in relation to marine plans, when granting licences.

(b)	“environmental bodies” are defined as government departments and their

agencies with particular responsibility for environmental issues.’.

Charles Hendry

Mr John Baron

12

Clause  19,  page  10,  line  27,  at end insert—

‘(i)	provision about obligations of a licence holder to advise the Secretary of

State of any accidents, near accidents or leakages relating to the facility.’.

Charles Hendry

Mr John Baron

13

Clause  26,  page  14,  line  6,  at end insert—

‘(d)	the appropriate length of appointment for an inspector.’.

Charles Hendry

Mr John Baron

14

Clause  26,  page  14,  line  14,  at end add—

‘(c)	by the revocation of the licence, at the discretion of the Secretary of

State.’.

Charles Hendry

Mr John Baron

15

Clause  30,  page  16,  line  3,  after ‘facility’, insert ‘and about the examination by

Public Bill Committee: 19th February 2008

25

Energy Bill, continued

inspectors of the closing of the facility.’.

Malcolm Wicks

1

Clause  34,  page  17,  line  33,  at end insert—

‘( )	An Order in Council under section 126(2) of the Scotland Act 1998 (c. 46)

(apportionment of sea areas) has effect for the purposes of this Chapter if, or to

the extent that, the Order is expressed to apply—

(a)	for the general or residual purposes of that Act, or

(b)	by virtue of this subsection, for the purposes of this Chapter.’.

Member’s explanatory statement

This amendment ensures that, for the purposes of clause 16 (carbon dioxide storage), the

boundaries of the territorial waters adjacent to Scotland are identical to those specified under

section 126(2) of the Scotland Act 1998, helping to define the boundary of the area where the

carbon storage provisions apply.

Malcolm Wicks

5

Schedule  1,  page  80,  line  29,  at end insert—

‘(b)	after subsection (2) insert—

“(2A)

An order or Order in Council made under or by virtue of

section 158(3) or (4) of the Government of Wales Act 2006

(apportionment of sea areas) has effect for the purposes of

Part 2 of this Act if, or to the extent that, the Order is expressed

to apply for the general or residual purposes of that Act or, by

virtue of this subsection, for the purposes of Part 2 of this

Act.”’.

Member’s explanatory statement

To help define the territorial boundary of the area in which the Food and Environmental

Protection Act 1985 is disapplied, this amendment ensures that the boundaries of territorial waters

adjacent to Wales, per paragraph 2 of Schedule 1, are identical to those specified under the

Government of Wales Act 2006.

Malcolm Wicks

6

Schedule  1,  page  82,  line  19,  at end insert—

‘7A	In section 13 (interpretation of Part 2), after the existing text (which becomes

subsection (1)) insert—

“(2)	An Order in Council under section 126(2) of the Scotland Act 1998

(apportionment of sea areas) has effect for the purposes of this Part if,

or to the extent that, the Order is expressed to apply—

(a)	for the general or residual purposes of that Act, or

(b)	by virtue of this subsection, for the purposes of this Part.”’.

Member’s explanatory statement

.To help define the territorial boundary for the application of civil law under the Petroleum Act to

carbon storage installations (paragraph 7, Schedule 1), this amendment ensures that the

Public Bill Committee: 19th February 2008

26

Energy Bill, continued

boundaries of territorial waters adjacent to Scotland, are identical to those specified under section

126(2) of the Scotland Act 1998.

Charles Hendry

Mr John Baron

16

Clause  36,  page  23,  line  47,  after ‘sources’, insert ‘and research and development

costs involved in enabling the industry to make efficiency gains;’.

Steve Webb

Martin Horwood

21

Clause  36,  page  24,  line  9,  at end insert—

‘(g)	the possible impacts on the environment associated with generating

electricity from each of the renewable sources or with transmitting or

distributing energy so generated.’.

Charles Hendry

Mr John Baron

17

Clause  36,  page  24,  line  30,  at end insert ‘, providing that such a review is

undertaken at least every four years.’.

Charles Hendry

Mr John Baron

18

Clause  36,  page  29,  line  30,  after ‘“biomass”’, insert ‘and to set out acceptable

circumstances for the growing of biomass;’.

Malcolm Wicks

2

Clause  63,  page  50,  line  18,  at end insert ‘or Northern Ireland legislation’.

Member’s explanatory statement

This amendment ensures that for the purposes of interpretation for the nuclear waste and

decommissioning provisions in the Bill, where references are made to an enactment, Northern

Ireland legislation is included where appropriate and relevant.

Malcolm Wicks

3

Clause  65,  page  52,  line  36,  at end insert—

‘(5)	In subsection (4) “enactment” includes an instrument made under an enactment.’.

Member’s explanatory statement

This amendment ensures that for the purposes of the provisions about financial security for

decommissioning of offshore renewables installations in the Bill, references to an enactment

Public Bill Committee: 19th February 2008

27

Energy Bill, continued

include secondary legislation.

Malcolm Wicks

4

Clause  69,  page  57,  line  35,  at end insert ‘or Northern Ireland legislation’.

Member’s explanatory statement

This amendment ensures that for the purposes of the provisions about financial security for

decommissioning of oil and gas installations, where references are made to an enactment,

Northern Ireland legislation is included where appropriate and relevant.

Steve Webb

Martin Horwood

22

Page  69,  line  10,  leave out Clause 78.

new clauses

Smart meters

Charles Hendry

Mr John Baron

NC1

To move the following Clause:—

‘(1)	The Secretary of State shall make regulations which require smart meters to be

installed for gas and electricity in all homes by the end of a specified period of ten

years from the date on which the regulations are made.

(2)	In this section a “smart meter” means a gas or electricity meter with two-way

communication capabilities including communication capability to a display

which illutstrates household usage and cost per unit consumed.

(3)	Regulations made under this section must be made within a period of 12 months

beginning on the date on which this Act is passed.’.

Information on ETS allocations

Charles Hendry

Mr John Baron

NC2

To move the following Clause:—

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Revised 19 February 2008