|
|
| |
| |
|
| |
| |
| Wednesday 23rd April 2008 |
|
| For other Amendment(s) see the following page(s) of Supplement to Votes:
|
|
| 1461-63, 1473, 1719-20 and 1771 |
|
| |
| |
| | Exception for activities carried on partly on land etc |
|
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | This Chapter does not apply in relation to— |
|
| | (a) | the use of a controlled place for the unloading of gas to an installation |
|
| | which is connected with land by a permanent structure providing access |
|
| | at all times and for all purposes; |
|
| | (b) | the conversion of a natural feature of which part is in a controlled place |
|
| | and part under land, if the operations necessary for the conversion take |
|
| | place wholly or mainly on, over or under land; |
|
| | (c) | the use of a place for the storage of gas, or the recovery of gas so stored, |
|
| | |
| | (i) | the gas was, or is to be, introduced into the store by means of a |
|
| | |
| | (ii) | part of the place is a controlled place and part is under land; |
|
| | (d) | the establishment or maintenance of an installation for the purposes of |
|
| | activities falling within paragraph (a). |
|
| | |
| | |
| | |
| | |
| | (c) | land in Scotland landward of the low water mark; |
|
| | “well” includes a borehole.’. |
|
|
|
| |
| |
|
| | Disposal of hazardous material |
|
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | Where the Secretary of State enters an agreement for, or in connection with, the |
|
| | disposal of relevant hazardous material by or on behalf of the Secretary of State, |
|
| | the agreement may provide for a fee to be paid to the Secretary of State. |
|
| | (2) | The Secretary of State may not enter an agreement which provides for the |
|
| | payment of a fee unless the consent of the Treasury has been obtained in relation |
|
| | to the amount of the proposed fee. |
|
| | (3) | The fee for which such an agreement provides may include— |
|
| | (a) | such amount as the Secretary of State considers prudent by reason of any |
|
| | uncertainty which exists about the relevant expenditure which will or |
|
| | may be incurred in connection with the Secretary of State’s obligations |
|
| | under the agreement in relation to the relevant hazardous material; |
|
| | (b) | an amount in respect of such proportion as the Secretary of State |
|
| | considers appropriate of the aggregate of— |
|
| | (i) | the relevant expenditure which has been, will or may be, incurred |
|
| | in connection with the design and construction of a repository in |
|
| | which material (including any hazardous material to which the |
|
| | agreement relates) is to be disposed of, and |
|
| | (ii) | such amount as the Secretary of State considers it prudent to |
|
| | make allowance for by reason of any uncertainty which exists |
|
| | about the relevant expenditure which will or may be incurred as |
|
| | mentioned in sub-paragraph (i). |
|
| | |
| | “hazardous material” has the meaning given by section 37 of the Energy Act |
|
| | |
| | “relevant expenditure” means expenditure incurred by the Secretary of |
|
| | State, the Nuclear Decommissioning Authority or any other person; |
|
| | “relevant hazardous material” means hazardous material which is, or is |
|
| | required to be, the subject of a funded decommissioning programme.’. |
|
| | Power to amend licence conditions: smart meters |
|
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | The Secretary of State may modify— |
|
| | (a) | a condition of a particular licence under section 6(1)(c) or (d) of the |
|
| | Electricity Act 1989 (c. 29) (distribution and supply licences); |
|
| | (b) | the standard conditions incorporated in licences under those provisions |
|
| | by virtue of section 8A of that Act; |
|
| | (c) | a condition of a particular licence under section 7 or 7A of the Gas Act |
|
| | 1986 (c. 44) (transporter, supply and shipping licences); |
|
| | (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 |
|
| | |
| | (2) | The Secretary of State may exercise the power in subsection (1) for the purpose |
|
| | |
| | (a) | requiring the holder of a licence to provide or install, or facilitate the |
|
| | provision, installation or operation of, meters of a particular kind, or |
|
| | (b) | requiring the holder of a licence to make arrangements related to the |
|
| | matters mentioned in paragraph (a). |
|
| | (3) | Modifications made by virtue of subsection (1) may include— |
|
| | (a) | technical specifications for meters (including specifications in respect of |
|
| | matters relevant to the ability to obtain remote access to meters); |
|
| | (b) | a prohibition on the supply of gas or electricity through a meter other than |
|
| | a meter which complies with a technical specification under paragraph |
|
| | |
| | (c) | provision about the installation of meters which comply with a technical |
|
| | specification under paragraph (a) (including provision about the |
|
| | replacement of existing meters); |
|
| | (d) | provision about electricity generated by a customer; |
|
| | (e) | provision about the circumstances in which any pre-payment facilities of |
|
| | |
| | (f) | provision about the use of a meter remotely to disconnect a customer’s |
|
| | |
| | (g) | provision about the protection of consumers; |
|
| | (h) | provision about access to, and the use of, an electricity distribution |
|
| | system or part of an electricity distribution system for communication in |
|
| | |
| | (i) | provision about access to information from meters (including provision |
|
| | enabling a customer, or a person acting on a customer’s behalf, to have |
|
| | access to information about the customer’s consumption of gas or |
|
| | |
| | (j) | provision about communication of information by or to meters (including |
|
| | provision about its onward communication) and about the use of such |
|
| | |
| | (k) | provision requiring the holder of the licence to enter (or refrain from |
|
| | entering) into an agreement of a specified kind, or with a specified |
|
| | |
| | (l) | provision specifying, or enabling the determination of, a date from which |
|
| | a modified condition is to take effect. |
|
| | (4) | The power conferred by subsection (1)— |
|
| | (a) | may be exercised to make different provision in relation to different |
|
| | |
| | (b) | may be exercised generally, only in relation to specified cases or subject |
|
| | to exceptions (including provision for a case to be excepted only so long |
|
| | as specified conditions are satisfied); |
|
| | (c) | may be exercised differently in different cases or circumstances; |
|
| | (d) | includes a power to make incidental, supplementary, consequential or |
|
| | transitional modifications. |
|
| | (5) | The power conferred by subsection (1) may not be exercised after the end of the |
|
| | period of 5 years beginning with the day on which that subsection comes into |
|
| | |
| | (6) | Provision included in a licence by virtue of that power— |
|
| | (a) | need not relate to the activities authorised by the licence; |
|
|
|
| |
| |
|
| | (b) | in the case of a licence under section 7 or 7A of the Gas Act 1986 (c. 44), |
|
| | may do any of the things authorised by section 7B(5) of that Act (which |
|
| | apply to the Gas and Electricity Market Authority’s power with respect |
|
| | to licence conditions under section 7B(4)(a)); |
|
| | (c) | in the case of a licence under section 6(1)(c) or (d) of the Electricity Act |
|
| | 1989 (c. 29), may do any of the things authorised by section 7(2) to (4) |
|
| | of that Act (which apply to that Authority’s power with respect to licence |
|
| | conditions under section 7(1)(a)). |
|
| | (7) | In this section a reference to a meter includes a reference to a visual display unit, |
|
| | or any other device, associated with or ancillary to a meter.’. |
|
| | Power to amend licence conditions: procedure |
|
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | Before making a modification, the Secretary of State must consult— |
|
| | (a) | the holder of any licence being modified, |
|
| | (b) | the Gas and Electricity Markets Authority, and |
|
| | (c) | such other persons as the Secretary of State considers appropriate. |
|
| | (2) | Subsection (1) may be satisfied by consultation before, as well as by consultation |
|
| | after, the passing of this Act. |
|
| | (3) | Before making modifications, the Secretary of State must lay a draft of the |
|
| | modifications before Parliament. |
|
| | (4) | If, within the 40-day period, either House of Parliament resolves not to approve |
|
| | the draft, the Secretary of State may not take any further steps in relation to the |
|
| | |
| | (5) | If no such resolution is made within that period, the Secretary of State may make |
|
| | the modifications in the form of the draft. |
|
| | (6) | Subsection (4) does not prevent a new draft of proposed modifications being laid |
|
| | |
| | (7) | The Secretary of State must publish details of any modifications as soon as |
|
| | reasonably practicable after they are made. |
|
| | (8) | In this section “40-day period”, in relation to a draft of proposed modifications, |
|
| | means the period of 40 days beginning with the day on which the draft is laid |
|
| | before Parliament (or, if it is not laid before each House of Parliament on the same |
|
| | day, the later of the two days on which it is laid). |
|
| | (9) | For the purposes of calculating the 40-day period, no account is to be taken of any |
|
| | period during which Parliament is dissolved or prorogued or during which both |
|
| | Houses are adjourned for more than 4 days. |
|
| | (10) | In this section “modification” means a modification under section [Power to |
|
| | amend licence conditions: smart meters].’. |
|
| | Smart meters: supplemental |
|
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | A modification under section [Power to amend licence conditions: smart meters] |
|
| | of part of a standard condition of a licence does not prevent any other part of the |
|
|
|
| |
| |
|
| | condition from continuing to be regarded as a standard condition for the purposes |
|
| | of Part 1 of the Gas Act 1986 (c. 44) or Part 1 of the Electricity Act 1989 (c. 29). |
|
| | (2) | Where the Secretary of State makes modifications under section [Power to amend |
|
| | licence conditions: smart meters](1)(b) or (d) of the standard conditions of a |
|
| | licence of any type, the Gas and Electricity Markets Authority must— |
|
| | (a) | make the same modification of those standard conditions for the purposes |
|
| | of their incorporation in licences of that type granted after that time, and |
|
| | (b) | publish the modification. |
|
| | (3) | The Secretary of State may by order make such modifications of provision made |
|
| | by or under an Act or an Act of the Scottish Parliament (whenever passed or |
|
| | made) as the Secretary of State considers appropriate in consequence of provision |
|
| | made under section [Power to amend licence conditions: smart meters].’. |
|
| |
| | |
| Page 2, line 28 [Clause 2], at end insert— |
|
| | ‘( ) | But subsection (1) is subject to section [Exception for activities carried on partly |
|
| | |
| |
| | |
| Page 4, line 33 [Clause 7], at end insert— |
|
| | ‘( ) | But subsections (1) and (2) are subject to section [Exception for activities carried |
|
| | on partly on land etc].’. |
|
| |
| | |
| Page 8, line 39 [Clause 16], leave out ‘other than’ and insert ‘except’. |
|
| |
| | |
| Page 9, line 13 [Clause 16], leave out ‘other than the territorial sea adjacent to |
|
| |
| |
| | |
| Page 9, line 17 [Clause 17], for ‘Secretary of State’ substitute ‘licensing authority’. |
|
| |
| | |
| Page 9, line 18 [Clause 17], at end insert— |
|
| | ‘(1A) | The licensing authority is— |
|
| | (a) | in the case of a licence in respect of activities within section 16(2)(a) to |
|
| | (c) and a controlled place which is not in, under or over the territorial sea |
|
| | adjacent to Scotland, the Secretary of State, |
|
| | (b) | in the case of a licence in respect of such activities and a controlled place |
|
| | which is in, under or over that territorial sea, the Scottish Ministers, |
|
| | (c) | in the case of a licence in respect of such activities and a controlled place |
|
| | only part of which is in, under or over that territorial sea, either the |
|
| | Secretary of State or the Scottish Ministers, and |
|
| | (d) | in the case of a licence in respect of activities within section 16(2)(d), |
|
| | whichever of the Secretary of State or the Scottish Ministers licenses the |
|
|
|
| |
| |
|
| | activities for the purposes of which the installation is established or |
|
| | |
| | | and in this Chapter references to the licensing authority in relation to a licence |
|
| | falling within paragraph (c) are references to the person who grants the licence or, |
|
| | if the licence has not yet been granted, to whom the application for the licence was |
|
| | |
| |
| | |
| Page 9, line 26 [Clause 18], leave out ‘The Secretary of State’ and insert ‘Each |
|
| |
| |
| | |
| Page 9, line 27 [Clause 18], leave out ‘licences may be granted’ and insert ‘it may |
|
| |
| |
| | |
| Page 10, line 3 [Clause 19], leave out ‘Secretary of State’ and insert ‘licensing |
|
| |
| |
| | |
| Page 10, line 15 [Clause 19], leave out ‘Secretary of State’ and insert ‘licensing |
|
| |
| |
| | |
| Page 10, line 17 [Clause 19], leave out ‘Secretary of State’ and insert ‘licensing |
|
| |
| |
| | |
| Page 10, line 20 [Clause 19], leave out ‘Secretary of State’ and insert ‘licensing |
|
| |
| |
| | |
| Page 10, line 41 [Clause 19], leave out ‘Secretary of State’ and insert ‘licensing |
|
| |
| |
| | |
| Page 10, line 47 [Clause 19], leave out ‘Secretary of State’ and insert ‘licensing |
|
| |
| |
| | |
| Page 11, line 5 [Clause 19], leave out ‘Secretary of State’ and insert ‘licensing |
|
| |
|
|
| |
| |
|
| |
| | |
| Page 11, line 11 [Clause 20], leave out ‘The Secretary of State’ and insert ‘Each |
|
| |
| |
| | |
| Page 11, line 12 [Clause 20], after ‘licences’, insert ‘granted by it’. |
|
| |
| | |
| Page 11, line 36 [Clause 22], leave out ‘Secretary of State’ and insert ‘licensing |
|
| |
| |
| | |
| Page 12, line 3 [Clause 22], leave out ‘Secretary of State’ and insert ‘licensing |
|
| |
| |
| | |
| Page 12, line 20 [Clause 22], leave out ‘Secretary of State’ and insert ‘licensing |
|
| |
| |
| | |
| Page 12, line 25 [Clause 22], leave out ‘Secretary of State’ and insert ‘licensing |
|
| |
| |
| | |
| Page 12, line 34 [Clause 23], leave out ‘Secretary of State’ and insert ‘licensing |
|
| |
| |
| | |
| Page 12, line 35 [Clause 23], leave out ‘Secretary of State’ and insert ‘licensing |
|
| |
| |
| | |
| Page 12, line 37 [Clause 23], leave out ‘Secretary of State’ and insert ‘licensing |
|
| |
| |
| | |
| Page 12, line 40 [Clause 23], leave out ‘Secretary of State’ and insert ‘licensing |
|
| |
| |
| | |
| Page 13, line 8 [Clause 23], leave out ‘Secretary of State’ and insert ‘licensing |
|
| |
|