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| Wednesday 30th April 2008 |
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| | Exception for activities carried on partly on land etc |
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| To move the following Clause:— |
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| | ‘(1) | This Chapter does not apply in relation to— |
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| | (a) | the use of a controlled place for the unloading of gas to an installation |
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| | which is connected with land by a permanent structure providing access |
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| | at all times and for all purposes; |
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| | (b) | the conversion of a natural feature of which part is in a controlled place |
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| | and part under land, if the operations necessary for the conversion take |
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| | place wholly or mainly on, over or under land; |
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| | (c) | the use of a place for the storage of gas, or the recovery of gas so stored, |
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| | (i) | the gas was, or is to be, introduced into the store by means of a |
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| | (ii) | part of the place is a controlled place and part is under land; |
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| | (d) | the establishment or maintenance of an installation for the purposes of |
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| | activities falling within paragraph (a). |
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| | (c) | land in Scotland landward of the low water mark; |
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| | “well” includes a borehole.’. |
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| | Disposal of hazardous material |
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| To move the following Clause:— |
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| | ‘(1) | Where the Secretary of State enters an agreement for, or in connection with, the |
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| | disposal of relevant hazardous material by or on behalf of the Secretary of State, |
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| | the agreement may provide for a fee to be paid to the Secretary of State. |
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| | (2) | The Secretary of State may not enter an agreement which provides for the |
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| | payment of a fee unless the consent of the Treasury has been obtained in relation |
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| | to the amount of the proposed fee. |
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| | (3) | The fee for which such an agreement provides may include— |
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| | (a) | such amount as the Secretary of State considers prudent by reason of any |
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| | uncertainty which exists about the relevant expenditure which will or |
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| | may be incurred in connection with the Secretary of State’s obligations |
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| | under the agreement in relation to the relevant hazardous material; |
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| | (b) | an amount in respect of such proportion as the Secretary of State |
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| | considers appropriate of the aggregate of— |
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| | (i) | the relevant expenditure which has been, will or may be, incurred |
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| | in connection with the design and construction of a repository in |
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| | which material (including any hazardous material to which the |
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| | agreement relates) is to be disposed of, and |
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| | (ii) | such amount as the Secretary of State considers it prudent to |
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| | make allowance for by reason of any uncertainty which exists |
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| | about the relevant expenditure which will or may be incurred as |
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| | mentioned in sub-paragraph (i). |
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| | “hazardous material” has the meaning given by section 37 of the Energy Act |
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| | “relevant expenditure” means expenditure incurred by the Secretary of |
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| | State, the Nuclear Decommissioning Authority or any other person; |
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| | “relevant hazardous material” means hazardous material which is, or is |
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| | required to be, the subject of a funded decommissioning programme.’. |
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| | Power to amend licence conditions: smart meters |
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| To move the following Clause:— |
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| | ‘(1) | The Secretary of State may modify— |
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| | (a) | a condition of a particular licence under section 6(1)(c) or (d) of the |
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| | Electricity Act 1989 (c. 29) (distribution and supply licences); |
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| | (b) | the standard conditions incorporated in licences under those provisions |
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| | by virtue of section 8A of that Act; |
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| | (c) | a condition of a particular licence under section 7 or 7A of the Gas Act |
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| | 1986 (c. 44) (transporter, supply and shipping licences); |
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| | (d) | the standard conditions incorporated in licences under those provisions |
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| | by virtue of section 8 of that Act; |
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| | (e) | a document maintained in accordance with the conditions of licences |
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| | under section 6(1) of the Electricity Act 1989 or section 7 or 7A of the |
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| | Gas Act 1986, or an agreement that gives effect to a document so |
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| | (2) | The Secretary of State may exercise the power in subsection (1) for the purpose |
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| | (a) | requiring the holder of a licence to provide or install, or facilitate the |
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| | provision, installation or operation of, meters of a particular kind, or |
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| | (b) | requiring the holder of a licence to make arrangements related to the |
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| | matters mentioned in paragraph (a). |
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| | (3) | Modifications made by virtue of subsection (1) may include— |
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| | (a) | technical specifications for meters (including specifications in respect of |
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| | matters relevant to the ability to obtain remote access to meters); |
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| | (b) | a prohibition on the supply of gas or electricity through a meter other than |
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| | a meter which complies with a technical specification under paragraph |
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| | (c) | provision about the installation of meters which comply with a technical |
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| | specification under paragraph (a) (including provision about the |
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| | replacement of existing meters); |
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| | (d) | provision about electricity generated by a customer; |
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| | (e) | provision about the circumstances in which any pre-payment facilities of |
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| | (f) | provision about the use of a meter remotely to disconnect a customer’s |
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| | (g) | provision about the protection of consumers; |
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| | (h) | provision about access to, and the use of, an electricity distribution |
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| | system or part of an electricity distribution system for communication in |
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| | (i) | provision about access to information from meters (including provision |
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| | enabling a customer, or a person acting on a customer’s behalf, to have |
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| | access to information about the customer’s consumption of gas or |
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| | (j) | provision about communication of information by or to meters (including |
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| | provision about its onward communication) and about the use of such |
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| | (k) | provision requiring the holder of the licence to enter (or refrain from |
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| | entering) into an agreement of a specified kind, or with a specified |
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| | (l) | provision specifying, or enabling the determination of, a date from which |
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| | a modification is to take effect. |
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| | (4) | The power conferred by subsection (1)— |
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| | (a) | may be exercised to make different provision in relation to different |
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| | (b) | may be exercised generally, only in relation to specified cases or subject |
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| | to exceptions (including provision for a case to be excepted only so long |
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| | as specified conditions are satisfied); |
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| | (c) | may be exercised differently in different cases or circumstances; |
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| | (d) | includes a power to make incidental, supplementary, consequential or |
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| | transitional modifications. |
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| | (5) | The power conferred by subsection (1) may not be exercised after the end of the |
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| | period of 5 years beginning with the day on which that subsection comes into |
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| | (6) | Provision included in a licence by virtue of that power— |
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| | (a) | need not relate to the activities authorised by the licence; |
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| | (b) | in the case of a licence under section 7 or 7A of the Gas Act 1986 (c. 44), |
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| | may do any of the things authorised by section 7B(5) of that Act (which |
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| | apply to the Gas and Electricity Market Authority’s power with respect |
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| | to licence conditions under section 7B(4)(a)); |
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| | (c) | in the case of a licence under section 6(1)(c) or (d) of the Electricity Act |
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| | 1989 (c. 29), may do any of the things authorised by section 7(2) to (4) |
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| | of that Act (which apply to that Authority’s power with respect to licence |
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| | conditions under section 7(1)(a)). |
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| | (7) | In this section a reference to a meter includes a reference to a visual display unit, |
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| | or any other device, associated with or ancillary to a meter.’. |
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| | Power to amend licence conditions: procedure |
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| To move the following Clause:— |
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| | ‘(1) | Before making a modification, the Secretary of State must consult— |
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| | (a) | the holder of any licence being modified, |
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| | (b) | the Gas and Electricity Markets Authority, and |
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| | (c) | such other persons as the Secretary of State considers appropriate. |
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| | (2) | Subsection (1) may be satisfied by consultation before, as well as by consultation |
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| | after, the passing of this Act. |
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| | (3) | Before making modifications, the Secretary of State must lay a draft of the |
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| | modifications before Parliament. |
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| | (4) | If, within the 40-day period, either House of Parliament resolves not to approve |
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| | the draft, the Secretary of State may not take any further steps in relation to the |
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| | (5) | If no such resolution is made within that period, the Secretary of State may make |
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| | the modifications in the form of the draft. |
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| | (6) | Subsection (4) does not prevent a new draft of proposed modifications being laid |
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| | (7) | The Secretary of State must publish details of any modifications as soon as |
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| | reasonably practicable after they are made. |
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| | (8) | In this section “40-day period”, in relation to a draft of proposed modifications, |
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| | means the period of 40 days beginning with the day on which the draft is laid |
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| | before Parliament (or, if it is not laid before each House of Parliament on the same |
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| | day, the later of the two days on which it is laid). |
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| | (9) | For the purposes of calculating the 40-day period, no account is to be taken of any |
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| | period during which Parliament is dissolved or prorogued or during which both |
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| | Houses are adjourned for more than 4 days. |
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| | (10) | In this section “modification” means a modification under section [Power to |
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| | amend licence conditions: smart meters].’. |
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| | Smart meters: supplemental |
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| To move the following Clause:— |
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| | ‘(1) | A modification under section [Power to amend licence conditions: smart meters] |
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| | of part of a standard condition of a licence does not prevent any other part of the |
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| | condition from continuing to be regarded as a standard condition for the purposes |
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| | of Part 1 of the Gas Act 1986 (c. 44) or Part 1 of the Electricity Act 1989 (c. 29). |
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| | (2) | Where the Secretary of State makes modifications under section [Power to amend |
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| | licence conditions: smart meters](1)(b) or (d) of the standard conditions of a |
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| | licence of any type, the Gas and Electricity Markets Authority must— |
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| | (a) | make the same modification of those standard conditions for the purposes |
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| | of their incorporation in licences of that type granted after that time, and |
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| | (b) | publish the modification. |
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| | (3) | The Secretary of State may by order make such modifications of provision made |
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| | by or under an Act or an Act of the Scottish Parliament (whenever passed or |
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| | made) as the Secretary of State considers appropriate in consequence of provision |
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| | made under section [Power to amend licence conditions: smart meters].’. |
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| | Implementation of new metering arrangements |
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| To move the following Clause:— |
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| | ‘(1) | The relevant licensees for the purposes of this Part are— |
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| | (a) | gas suppliers and gas transporters within the meaning of Part 1 of the Gas |
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| | (b) | electricity suppliers and electricity distributors within the meaning of |
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| | Part 1 of the Electricity Act 1989 (c. 29). |
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| | (2) | The effective date for the purposes of this Part is the date which is 10 years after |
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| | the date on which section 79 comes into force. |
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| | (3) | Expressions used in this Part have the same meaning as in the Part 1 of the Gas |
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| | Act 1986 or Part 1 of the Electricity Act 1989. |
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| | (4) | As from the effective date, a relevant licensee must not supply gas or electricity |
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| | to any premises that is not subject to the provisions of this section. |
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| | (5) | The Secretary of State may exempt any relevant licensee from the prohibition |
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| | imposed by subsection (4) in relation to such premises, for such period of time, |
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| | and subject to such conditions as he considers appropriate in all the circumstances |
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| | (6) | References in this Part to new metering arrangements are to arrangements |
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| | (including the provision and operation of any necessary communications and |
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| | data-handling infrastructure) designed to ensure that, by the effective date, all |
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| | premises supplied with gas or electricity in Great Britain will continue to be so |
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| | supplied through a meter that conforms to the following three requirements— |
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| | (a) | that the meter must record and be able to store measured consumption |
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| | data for multiple time periods; |
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| | (b) | that the meter, either on its own or with an ancillary device, must |
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| | facilitate remote access to such data; and |
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| | (c) | that the meter must meet any specifications that may be set out in any |
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| | regulations made by the Secretary of State under this Part, pursuant to his |
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| | duties under Part 1 of the Gas Act 1986 and Part 1 of the Electricity Act |
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| | 1989, for the purposes of facilitating the introduction of new metering |
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| | (7) | This section may not be brought into force before 1st January 2010. |
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| | (8) | The Secretary of State may, in accordance with this section, modify— |
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| | (a) | the conditions of a particular licence held under section 7(1) or 7A(1) or |
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| | (2) of the Gas Act 1986 or under section 6(1) of the Electricity Act 1989; |
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| | (b) | the standard conditions of licences of any type mentioned in those |
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| | | if he considers it necessary or expedient to do so for the purpose of securing the |
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| | implementation of the provisions of this section. |
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| | (9) | The power to make modifications under paragraph (a) or (b) of subsection (8) |
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| | (a) | to make modifications requiring licence holders, or classes of licence |
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| | holder, to cooperate together, under arrangements approved by the |
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| | (b) | to make modifications requiring any relevant licensee to take or refrain |
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| | from taking any specified action, whether in relation to premises supplied |
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| | with gas or electricity or otherwise; |
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| | (c) | to make modifications relating to the operation of access to, or use of |
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| | pipe-line systems and distribution systems; and |
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| | (d) | to make incidental, consequential, or transitional modifications. |
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| | (10) | Before making modifications under this section, the Secretary of State must |
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| | consult the Authority, the holder of any licence being modified, and such other |
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| | persons as he considers appropriate. |
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| | (11) | Subsection (10) may be satisfied by consultation undertaken before, as well as by |
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| | consultation undertaken after, the commencement of this section. |
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| | (12) | Any modification under subsection (8)(b) of part of a standard condition of a |
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| | licence shall not prevent any other part of the condition from continuing to be |
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| | regarded as a standard condition for the purposes of Part 1 of the Gas Act 1986 or |
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| | Part 1 of the Electricity Act 1989. |
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| | (13) | Where the Secretary of State modifies the standard conditions of licences of any |
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| | type under subsection (8)(b), the Authority must make the same modifications of |
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| | those standard conditions for the purposes of their incorporation into licences of |
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| | that type granted after that time. |
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| | (14) | The Secretary of State must publish any modifications under this section in such |
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| | manner as he considers appropriate. |
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| | (15) | The power of the Secretary of State under this section may not be exercised after |
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| | the end of the period of five years beginning with the passing of this Act.’. |
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| | Carbon dioxide thresholds for electricity generating stations |
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| To move the following Clause:— |
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| | ‘(1) | The Secretary of State shall, by regulations, set a threshold for the emissions of |
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| | carbon dioxide from electricity generating stations. |
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| | (2) | The Secretary of State may not give approval for an electricity generating station |
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| | whose emissions of carbon dioxide exceed the threshold set in regulations made |
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| | (3) | The regulations in subsection (1) shall be made by statutory instrument, which |
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| | may not be made unless a draft of the instrument has been laid before, and |
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| | approved by a resolution of, each House of Parliament.’. |
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| | Regulations on new meters |
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| To move the following Clause:— |
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| | ‘Where the Secretary of State makes regulations in connection with new metering |
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| | (b) | Part 1 of the Gas Act 1986; or |
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| | (c) | Part 1 of the Electricity Act 1989, |
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| | such regulations must require that such meters have the facility to use the data that |
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| | they collect on gas or electricity consumption for the purpose of assisting the |
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| | househoulder to select the gas or electricity tariff which is most to the |
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| | householder’s advantage.’. |
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| | Tariffs for renewable energy |
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| | Negatived on division NC4 |
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| To move the following Clause:— |
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