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| Tuesday 26th February 2008 |
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| New Amendments handed in are marked thus  |
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| Other Amendments not tabled within the required notice period are marked thus  |
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| | The Amendments have been arranged in accordance with the Order of the |
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| | Committee [5th February 2008]. |
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| Clause 17, page 9, line 20, at end insert— |
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| | (a) | The Secretary of State shall consult with relevant environment bodies, |
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| | particularly in relation to marine plans, when granting licences. |
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| | (b) | “environmental bodies” are defined as government departments and their |
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| | agencies with particular responsibility for environmental issues.’. |
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| Clause 19, page 10, line 27, at end insert— |
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| | ‘(i) | provision about obligations of a licence holder to advise the Secretary of |
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| | State of any accidents, near accidents or leakages relating to the facility.’. |
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| Clause 26, page 14, line 6, at end insert— |
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| | ‘(d) | the appropriate length of appointment for an inspector.’. |
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| Clause 26, page 14, line 14, at end add— |
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| | ‘(c) | by the revocation of the licence, at the discretion of the Secretary of |
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| Clause 28, page 15, line 8, leave out ‘4’ and insert ‘10’. |
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| Clause 30, page 16, line 3, after ‘facility’, insert ‘and about the examination by |
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| inspectors of the closing of the facility.’. |
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| Clause 34, page 17, line 33, at end insert— |
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| | ‘( ) | An Order in Council under section 126(2) of the Scotland Act 1998 (c. 46) |
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| | (apportionment of sea areas) has effect for the purposes of this Chapter if, or to |
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| | the extent that, the Order is expressed to apply— |
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| | (a) | for the general or residual purposes of that Act, or |
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| | (b) | by virtue of this subsection, for the purposes of this Chapter.’. |
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| | Member’s explanatory statement
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| | This amendment ensures that, for the purposes of clause 16 (carbon dioxide storage), the |
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| | boundaries of the territorial waters adjacent to Scotland are identical to those specified under |
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| | section 126(2) of the Scotland Act 1998, helping to define the boundary of the area where the |
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| | carbon storage provisions apply. |
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| Schedule 1, page 80, line 29, at end insert— |
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| | ‘(b) | after subsection (2) insert— |
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| | “(2A) | An order or Order in Council made under or by virtue of |
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| | section 158(3) or (4) of the Government of Wales Act 2006 |
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| | (apportionment of sea areas) has effect for the purposes of |
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| | Part 2 of this Act if, or to the extent that, the Order is expressed |
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| | to apply for the general or residual purposes of that Act or, by |
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| | virtue of this subsection, for the purposes of Part 2 of this |
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| | Member’s explanatory statement
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| | To help define the territorial boundary of the area in which the Food and Environmental |
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| | Protection Act 1985 is disapplied, this amendment ensures that the boundaries of territorial waters |
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| | adjacent to Wales, per paragraph 2 of Schedule 1, are identical to those specified under the |
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| | Government of Wales Act 2006. |
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| Schedule 1, page 82, line 19, at end insert— |
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| | ‘7A | In section 13 (interpretation of Part 2), after the existing text (which becomes |
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| | “(2) | An Order in Council under section 126(2) of the Scotland Act 1998 |
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| | (apportionment of sea areas) has effect for the purposes of this Part if, |
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| | or to the extent that, the Order is expressed to apply— |
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| | (a) | for the general or residual purposes of that Act, or |
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| | (b) | by virtue of this subsection, for the purposes of this Part.”’. |
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| | Member’s explanatory statement
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| | .To help define the territorial boundary for the application of civil law under the Petroleum Act to |
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| | carbon storage installations (paragraph 7, Schedule 1), this amendment ensures that the |
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| | boundaries of territorial waters adjacent to Scotland, are identical to those specified under section |
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| | 126(2) of the Scotland Act 1998. |
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| Clause 36, page 19, leave out lines 5 to 12. |
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| Clause 36, page 23, line 47, after ‘sources’, insert ‘and research and development |
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| costs involved in enabling the industry to make efficiency gains;’. |
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| Clause 36, page 24, line 9, at end insert— |
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| | ‘(g) | the possible impacts on the environment associated with generating |
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| | electricity from each of the renewable sources or with transmitting or |
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| | distributing energy so generated.’. |
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| Clause 36, page 24, line 30, at end insert ‘, providing that such a review is |
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| undertaken at least every four years.’. |
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| Clause 36, page 29, line 30, after ‘“biomass”’, insert ‘and to set out acceptable |
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| circumstances for the growing of biomass;’. |
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| Clause 41, page 37, line 5, at end insert— |
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| | ‘(c) | activities preparatory to the matters mentioned in paragraph (b);’ |
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| | Member’s explanatory statement
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| | This amendment will enable planning activities that occur in relation to decommissioning, waste |
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| | management and disposal once the station has ceased operating to be regulated (and, in |
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| | particular, paid for from the decommissioning and waste fund) and ensure that the relevant |
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| | planning activities take place. |
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| Clause 41, page 37, line 9, after ‘(5)(a)’ insert ‘or (c)’. |
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| | Member’s explanatory statement
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| | This amendment will enable the Secretary of State to designate planning activities by order. It will |
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| | allow for the regulation of those activities to ensure that the relevant activities take place and that |
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| | they are adequately funded. |
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| Clause 42, page 38, line 7, at end insert— |
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| | ‘(d) | Nuclear Decommissioning Authority, |
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| | (e) | relevent local authority.’. |
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| Clause 42, page 38, line 14, at end insert— |
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| | ‘(d) | relevant local authority.’. |
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| Clause 45, page 39, line 32, at end insert— |
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| | ‘(d) | relevant local authority.’. |
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| Clause 49, page 42, line 18, leave out ‘the Secretary of State determines’ and insert |
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| ‘the Secretary of State has reason to believe’. |
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| | Member’s explanatory statement
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| | This amendment alters the threshold that the Secretary of State must meet in order to exercise his |
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| | powers to gather information for the purposes of making a decision as to whether or not to propose |
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| | a modification to a programme. |
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| Clause 50, page 44, line 10, at end insert— |
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| | ‘(d) | the Committee on Radioactive Waste Management, |
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| | (e) | the Nuclear Decommissioning Authority, |
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| | (f) | the relevant local authorities.’. |
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| Clause 53, page 45, line 23, leave out ‘2’ and insert ‘5’. |
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| Clause 63, page 50, line 18, at end insert ‘or Northern Ireland legislation’. |
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| | Member’s explanatory statement
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| | This amendment ensures that for the purposes of interpretation for the nuclear waste and |
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| | decommissioning provisions in the Bill, where references are made to an enactment, Northern |
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| | Ireland legislation is included where appropriate and relevant. |
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| Clause 65, page 52, line 36, at end insert— |
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| | ‘(5) | In subsection (4) “enactment” includes an instrument made under an enactment.’. |
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| | Member’s explanatory statement
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| | This amendment ensures that for the purposes of the provisions about financial security for |
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| | decommissioning of offshore renewables installations in the Bill, references to an enactment |
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| | include secondary legislation. |
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| Clause 69, page 57, line 35, at end insert ‘or Northern Ireland legislation’. |
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| | Member’s explanatory statement
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| | This amendment ensures that for the purposes of the provisions about financial security for |
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| | decommissioning of oil and gas installations, where references are made to an enactment, |
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| | Northern Ireland legislation is included where appropriate and relevant. |
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| Clause 73, page 62, line 26, leave out from ‘all’ to end of line 27 and insert |
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| ‘existing apparatus, works and associated services necessary for the existing and future |
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| operation of such pipe-line or network of a similar nature with a third party.’. |
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| Clause 73, page 62, leave out lines 31 and 32 and insert— |
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| | ‘(d) | separating, purifying, blending, odorising or compressing upstream gas |
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| Clause 73, page 63, line 6, leave out from ‘all’ to ‘and’ in line 7 and insert ‘existing |
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| apparatus, works and associated services necessary for the existing and future operation |
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| of such pipe-line or network of a similar nature with a third party,’. |
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| Page 69, line 10, leave out Clause 78. |
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| To move the following Clause:— |
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| | ‘(1) | The Secretary of State shall make regulations which require smart meters to be |
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| | installed for gas and electricity in all homes by the end of a specified period of ten |
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| | years from the date on which the regulations are made. |
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| | (2) | In this section a “smart meter” means a gas or electricity meter with two-way |
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| | communication capabilities including communication capability to a display |
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| | which illutstrates household usage and cost per unit consumed. |
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| | (3) | Regulations made under this section must be made within a period of 12 months |
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| | beginning on the date on which this Act is passed.’. |
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| | Information on ETS allocations |
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| To move the following Clause:— |
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| | ‘(1) | Companies involved in the generation of electricity must publish information in |
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| | their Annual Reports on the amount and value of any allocation they have |
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| | received from the EU ETS and the amount that has been paid for such an |
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| | (2) | Companies failing to publish the information required under subsection (1) shall |
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| | be guilty of an offence, and shall be liable on conviction to a fine not exceeding |
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| | level 5 on the standard scale.’. |
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