It may come as a surprise to some hon. Members that by introducing an auction market for capacity, we are ensuring that there is a subsidy across all aspects of energy generation, not just some. There is potential for
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gaming of that arrangement. The Government will have to decide how tight the capacity is after considering what the market will look like four years ahead, and then they will have to create an auction. That choice will be necessary for the auction to take place at all, and it will determine how much money there is in the auction. If the market is gamed so that the capacity looks much tighter than it is, the amount of money will be larger and the price will be even higher.
It is no coincidence—I think that is the best way I can phrase it—that we already see the capacity market tightening. A large number of gas plants are going into either deep or shallow mothballing in advance of 2014, and the Government’s decision about what capacity will look like will be informed by that mothballing. Were I an energy company operative, I would be rather pleased about that, because I would imagine that I would do rather well out of a capacity market in the future.
Mark Reckless (Rochester and Strood) (Con): Surely an even more important reason for the tightening of capacity to which the hon. Gentleman refers is the shutting down of several large coal-fired power stations under the relevant EU directive.
Dr Whitehead: Yes, indeed. A number of plants are to close down over the next few years, and given how the energy market works, which I have described, one would expect the ability to obtain rents at the margins of the market to encourage the development of new plant. The statement made by the development of a capacity market auction is that that mechanism will not exist, so a permanent underwriting of new plant development needs to be auctioned to allow that to take place.
The strategic reserve option, which works quite well in a number of parts of the world, is that certain plant—perhaps mothballed plant—is taken out of the market and then placed back into it at times of stress on the market. As a result of that action, rents are reduced. Indeed, the fact that there is a strategic reserve that can be put back into the market at stressful points damps down the possibility of rents being obtained. That option comes at a much lower cost and
“should be relatively simple to set up and administer as it is a relatively small intervention in the market”—
not my words but those of the impact assessment. It
“could avoid gaming in the capacity market if there is a plentiful supply of mothballed plant”,
as indeed there is right now. Overall, it
“has the potential to be the smallest intervention in the market and accordingly has least overall policy design and implementation risk associated with it.”
The capacity market, on the other hand,
“has a higher overall level of design risk given the relative complexity of the model…a Capacity Market, if not well designed, could create opportunities for gaming the new capacity auctions; and…is the more costly mechanism to set up and run and it puts a greater administrative burden on businesses who will participate in the capacity market.”
Again, those are not my words but those of the departmental impact assessment of the choice between a strategic reserve and a capacity market.
Yet a capacity market was chosen to underpin the entire energy market reform and the Bill. I imagine—in fact, I am pretty certain—that that is what we will eventually go for. However, I modestly suggest that it
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might be a good idea to put in the Bill the idea that if that does not work very well, as I also modestly suggest it probably will not, the Minister has the option of moving towards a strategic reserve arrangement. That would keep the costs down and damp down the gaming of the capacity market auctions that may well take place over the next few years. That would be helpful for our ability to run a coherent energy policy over the next few years, and I tabled my amendments in the spirit of that helpfulness and to ensure that, whichever way we decide to go, we do not shut the door on something that is cheap for consumers in the long term, better for the energy market overall, and will keep our energy supplies in good shape for the future.
6.30 pm
Martin Horwood: First, let me make it clear, particularly to Ministers, that I support the Bill. The attempt to lock investment in low carbon technologies into British energy markets is vital and demands an interventionist approach. In a sense, I agreed with a lot of what the hon. Member for Daventry (Chris Heaton-Harris) said in describing what are in effect subsidies and quite an interventionist approach in the Bill—something I think is justified for renewables and when bringing forward clean, greener technologies to tackle the urgent question of climate change. I also welcome the important Government amendments that try to ensure that consumers enjoy the lowest possible tariffs.
As is obvious from the debate, there is a growing chorus of scepticism about aspects of the Bill, and particularly subsidies that may be unearned. New clause 5 and new schedule 1 seek to address that issue, which is why I will press new clause 5 to a vote. I have managed to gather support for the new clause, and I acknowledge that of Which?, the Royal Society for the Protection of Birds, the Association for the Conservation of Energy, WWF, Friends of the Earth and Greenpeace, as well as my right hon. Friend the Member for Hazel Grove (Andrew Stunell) and the hon. Members for Stoke-on-Trent North (Joan Walley), for Brighton, Pavilion (Caroline Lucas), for Hove (Mike Weatherley), for Angus (Mr Weir) and for Rutherglen and Hamilton West (Tom Greatrex). I am grateful for support across the House, and for the implied support from Members close to the hon. Member for Daventry who are concerned about subsidies in general but include in that their particular concerns about nuclear power.
My worry is principally about nuclear because the subsidies in the Bill contravene the spirit of the coalition agreement. That agreement distinguished between renewables, where it implicitly accepted there was a case for subsidy, and the nuclear industry, for which it specifically ruled out a subsidy. Only a few years ago, the Labour Government line was also that there should be no subsidy for the new generation of nuclear power.
Amendment 23 and others tabled by the hon. Member for Brighton, Pavilion are specifically anti-nuclear, and there is a case to be made for distinguishing between nuclear and renewables, principally because renewables are emerging technologies. In many cases they are highly competitive, and over time they are generally getting cheaper. Nuclear is an old industry—56 years old—and has generally been getting more and more expensive. The latest new reactors at Olkiluoto—I hope hon. Members will excuse my Finnish pronunciation—and Flamanville in France are both many years behind schedule, and
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from the original estimates of between €3 billion and €4 billion are now heading towards estimates of more than €8 billion each—more than 100% over budget. I gather that the Finns and the French are now in litigation with each other over some of those costs and time overruns.
Mark Reckless: The hon. Gentleman refers to nuclear energy becoming more expensive, but I am not sure whether, like the hon. Member for Rutherglen and Hamilton West (Tom Greatrex), he caught the Minister’s earlier reference to when the new nuclear contract is signed with EDF. Does he think that reference to when, rather than if, is likely to increase or decrease the price we pay for that electricity?
Martin Horwood: Perhaps courses in negotiating skills might be recommended for members of the Department of Energy and Climate Change on that front. To be fair, Ministers have made it clear that they do not intend to sign the contract with EDF at any price, but the difficulty is that we in Parliament simply do not know that there has not been adequate scrutiny.
David Mowat: Will the hon. Gentleman give way?
Martin Horwood: I think Madam Deputy Speaker will catch me with her rather steely eye if I give way too many times, so I will move on.
In the UK, the nuclear industry is not very competitive and is overwhelmingly dominated by one nationalised industry supplier—Electricité de France. There are risks that we are in effect organising a massive transfer of funds from British bill payers, if not taxpayers, to a French nationalised industry of dubious profitability. The scale of that possible subsidy has been underlined by former Friends of the Earth directors, including Tom Burke who said:
“At a strike price of £100/MW and a 30-year contract life this would require a subsidy of £1 billion/year above today’s wholesale price for electricity. This would lead to a transfer of £30 billion to EDF from Britain’s householders and businesses. Should the whole of the 16GW of new nuclear anticipated by the Energy Minister be financed on similar terms it would cost householders and businesses £150 billion by 2050.”
That is an enormous commitment that we must scrutinise and ensure that value for money is inserted into the process.
David Mowat: Specifically on that point, the hon. Gentleman says that a strike price of 10 is unacceptable. Would he extend that to offshore wind?
Martin Horwood: I did not say 10, I said 100, and figures as high as 165 have been discussed and contract times as long as 40 years speculated about. The Minister has been unable to reassure us about that in the debate. It is true that high prices are talked about for offshore wind, but that is an emerging and quite competitive technology that deserves support. It is not a 56-year-old technology that has already proved to have a massive record of cost and time overruns. I am happy with supporting offshore wind but unhappy with supporting nuclear.
The effect of new clause 5 and a panel of expert scrutiny would be to ensure that all technologies negotiating contracts for difference were subject to scrutiny, including offshore wind and other renewables. New clause 5 and
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new schedule 1 are not specifically anti-nuclear, but they are anti-unearned subsidies. The Energy and Climate Change Committee called for that in its report, and Which? addressed it in the drafting of these provisions—I am grateful for that. Such scrutiny and transparency are particularly relevant when, as the Committee pointed out, a mature technology dominated by a single large supplier means there is little competitive pressure and the strike price naturally tends to rise in such a situation—even more so, as the hon. Member for Rochester and Strood (Mark Reckless) pointed out, if one side has almost conceded that it needs to sign the contract at the end of the process.
Alternatives have been discussed, such as scrutiny by the National Audit Office and others, and in a parliamentary debate some months ago it was suggested that the Public Accounts Committee play a role in this kind of scrutiny. The problem with all these suggestions, however, is that they investigate after the event. As I said in my intervention on the Minister, if we are talking about a contract of 20 or 30 years, it is practically useless to investigate whether it is good value after the event because we are locked into it for a whole generation. Right now, negotiations are under way with EDF for this contract.
New clause 5 and new schedule 1 would establish an independent expert panel, which would differ from the expert panel that the Government have already established. As the affordable energy campaign by Which? pointed out:
“A panel of technical experts has been established by the Government to scrutinise the evidence National Grid presents for the setting of CfD strike prices. However this panel does not have a sufficiently broad role. For example, it does not have value for money as part of its remit. The panel must have a clearly defined oversight role set out in the Bill”.
If the Government support the concept of an expert panel, why on earth can they not put it in the Bill, as defined in new clause 5 and new schedule 1? I would have thought they would have absolutely nothing to fear from that.
New clause 5 and new schedule 1 are in the same spirit as amendment 162, although I do not buy everything the hon. Member for Daventry said in support of his proposals. However, energy bills are a major cause for concern among consumers—all hon. Members know that. Whether we are proposing renewables or nuclear, a strong case needs to be made, and transparency and accountability need to be at the forefront. Consumers need a good deal as well as a green deal. The Bill does not guarantee to deliver that, which is why I shall press new clause 5 to a Division.
Caroline Lucas: I rise to speak to my proposals and give notice that I will press amendment 24 to a Division.
I am pleased to follow the hon. Member for Cheltenham (Martin Horwood), who made a compelling case, demonstrating that, even if the word “subsidy” does not appear in the document, we are talking about a public subsidy for nuclear, which goes against the coalition agreement. The bulk of my proposals on new nuclear simply seek to return us to the coalition agreement, which said that new nuclear should receive no public subsidy. Many people are hugely disappointed that Ministers are ditching their commitment so shamelessly.
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A Government who genuinely want to tackle high electricity bills would not sign taxpayers and bill payers up to a 35 or 40-year contract—we do not know how long the contract will be for, but that is the ballpark figure out there. The contract would also involve paying around twice the current market price for power. As has been said, that money will line the coffers of French nuclear corporations.
If we were serious about tackling fuel poverty, we would not be going down that route, yet that is precisely what the complex mechanisms for providing financial support for nuclear in the Bill do. We should add the liability cap, underwriting, and indirect subsidies such as for decommissioning and for the unsolved waste problem. Essentially, we are writing a blank cheque for an expensive, inflexible old technology that we cannot afford and simply do not need.
A Government who were serious about tackling fuel poverty and high energy costs would instead pursue more effective ways of meeting our energy needs and decarbonising our power sector, namely through renewable energy, energy efficiency, demand reduction, and demand-side measures such as energy storage, genuinely smart grids and interconnectors.
The UK has the potential to be a massive industrial leader in renewables and efficiency—solutions that could deliver huge cost reductions and a substantial boost to the UK economic recovery, manufacturing and jobs, yet the Bill goes in the opposite direction. Moreover, the secrecy of the Department of Energy and Climate Change negotiations with EDF further undermines confidence in the credibility of the Government’s claims that the deal represents value for money for consumers.
Even if hon. Members are happy for the coalition to break its promise of no public subsidy for nuclear, one would hope that they had some interest in the Minister’s claim that any deal reached would be fair, affordable and value for money. Nuclear costs more than the alternatives and does not represent value for money. We have the opportunity to test that via the expert panel, or by giving the National Audit Office a role in ascertaining value for money, which one of my amendments would do, but Ministers do not look favourably on those proposals.
The truth is that nuclear is a mature technology that has enjoyed nearly 60 years of support. Despite that, the price tag keeps going up. The hon. Member for Cheltenham mentioned the price of nuclear in Finland and France. We should compare that with the fact that the costs of renewables are falling across the board. Last month, Citi Investment Research and Analysis highlighted that, in many cases, renewables are at cost parity with established forms of electricity generation. Recent analysis by Bloomberg New Energy Finance found that the levelised cost of onshore wind had fallen dramatically in recent years, that the best onshore wind farms in the world currently produce power as economically as coal, gas and nuclear generators, and that the average onshore wind farm will reach grid parity by 2016.
That is the point of my first three proposals. They are not anti-nuclear; they would simply ensure that Minister’s warm words on cost-effectiveness and value for money for bill payers were kept. They would also introduce transparency to a shockingly opaque process. If nuclear power is as cost-effective as we are told, I can see no reason why hon. Members would not support my proposals
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to ensure it. Amendment 24, which has cross-party support, would simply ensure that payments under a CFD for nuclear electricity are not greater than payments for any form of renewable generation, in terms of price per megawatt-hour and taking into account the length of the contract provided.
Amendments 26 and 27 deal with transparency and parliamentary scrutiny of investment contracts and CFDs. They are essential if the public and the House are to have any hope of deciding for themselves whether the terms provide anywhere near value for money compared with alternatives. They would require the Secretary of State to ask the NAO and Parliament to examine whether the contracts represent value for money, in line with the motion debated in a Backbench Business Committee debate on 7 February, and a letter sent recently to the NAO by a cross-party group of MPs and academics.
6.45 pm
Amendments 23 and 25 are more far-reaching. They would in effect rule out new nuclear altogether. Having examined the evidence, I am increasingly convinced that we should reject new nuclear for economic and environmental reasons. There are better, cheaper and faster ways to achieve a zero-carbon power sector by 2030 than going down the nuclear route. Moreover, many experts are concerned that Government support for new nuclear power would mean significantly less investment in renewables and energy efficiency. To do the right thing for our economy, for constituents struggling with fuel bills, and for the environment, amendment 23 would rule out payments for new nuclear through CFD mechanisms. Amendment 25 would rule out any public underwriting of construction costs or other public support for new nuclear through investment contracts.
I will be brief because other hon. Members wish to speak. Amendment 29 would rule out handouts for new fossil fuel plants under the capacity mechanism, which means that capacity payments would go to non-fossil fuel ways of ensuring that power supply met demand. The big six energy suppliers are pressing the Government to support gas-fired power, and urging Ministers to go faster on their capacity market plan to encourage investment in new gas-fired power stations, but a dash for gas, as envisaged by the gas strategy, would be completely incompatible with the nation’s legally binding carbon emissions targets. According to the Committee on Climate Change, that should be plan Z. Perpetuating our reliance on expensive and imported gas means perpetuating high fuel bills. Nor is that the golden solution to energy security that lobbyists would like us to believe it is. Alternative solutions, including the construction and use of interconnector routes, electricity storage, and temporarily shifting or reducing demand during peak periods, should be considered instead. Such solutions should be prioritised.
Finally, anyone who is willing to do the maths on climate change should look at how much more carbon can be safely emitted into the atmosphere and compare it with how much carbon is stored in fossil fuel reserves. For the UK to fulfil its repeated commitment to keep climate change below 2°, around 80% of known fossil fuel reserves must stay in the ground. In the context of that unburnable carbon, using the capacity mechanism to encourage a new dash for gas is both dangerous and irresponsible.
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Mark Reckless: I am pleased to follow the hon. Member for Brighton, Pavilion (Caroline Lucas) and to hear that she intends to press amendment 24, a relatively moderate amendment, to a Division. She envisages subsidy for nuclear as long as it is not greater than the subsidy for renewables, but I would prefer a world in which we do not subsidise any energy production. Under this dog’s breakfast of a Bill, we will end up subsidising almost everything.
My worry with nuclear—my hon. Friend the Member for Cheltenham (Martin Horwood) addressed this—is the length of the contract. I do not go all the way with him on the £1 billion a year cost, or the very large sum grossed up over the period of the contract, but my calculations suggest something in the range of £600 million to £700 million a year just for the new Hinkley stations. That is a huge amount of money. Earlier, the Minister seemed unable to get to grips with the idea that the House might express a view on that. The contract is enormous and could put hundreds of pounds on consumers’ bills, and cost billions of pounds over the length of the contract. It would therefore be highly appropriate for the House to consider the matter, and for hon. Members to vote by positive resolution on whether we believe it is the right thing to do with our constituents’ money.
The key problem with the Bill is that it changes the law and puts very large subsidies to different technologies, which Ministers pick as winners in an opaque process, on a contractual basis that cannot realistically later be unpicked. The Chancellor has told us of an increase in the limit from about £2.4 billion to £9.8 billion per year, which is a quadrupling of the amount spent. That will be added to consumers’ bills for those various technologies, but the Bill implements that into contracts that cannot be unpicked. The nuclear contract could be absolutely enormous. I would like far greater concern for our constituents and the bills they pay for electricity.
We used to have the most competitive energy market in the world. I thought that the Minister believed in free markets, yet essentially what we are doing here is almost the final stage of replacing the freest energy market in the world with one that is rigged against consumers. The cost will be far more than the £9.8 billion figure, which ignores the fact that it is not just through the European Union and its directive that we are planning to close existing coal-fired plant, which are the cheapest at producing electricity. Unilaterally, we are banning the construction of new coal-fired power stations, when Germany has several new coal-fired plants under construction.
John Robertson: Will the hon. Gentleman clarify something for me? Is he saying that we should not worry or think about our obligations on climate change? If he is not saying that, how does he expect his electorate to pay for what he is suggesting?
Mark Reckless:
I am sorry to hear the hon. Gentleman not focusing on his constituents’ heritage. Climate reduction and the carbon issue should relate to cost. The coal price has collapsed globally largely because of the success of shale gas in the US and its export of coal, and that means that the cost of the proposals is now far larger than it was. Global temperatures rose until 1998 or 2000. Since then, projections of an exponential increase
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in temperature have not been borne out by recent data. We have cut our emissions by 24% since 1990, which I think is larger than any other country. What we are left with is a complete mess of policy in the Bill, with various subsidies interacting and greatly increasing bills for our consumers, and I am not sure what the effect will be on reducing carbon emissions compared with, say, the US, which has had a big decrease.
We should look at the cost of coal and the extent to which carbon may be reduced by different things. In this country, we have a price of £16 per tonne on carbon. Under the EU emissions trading scheme, it is less than £2. We are making a great unilateral cross that we must bear when other countries in Europe, for example Germany, are constructing more unabated coal. We will have to buy electricity through the interconnectors, which will hurt our balance of payments and increase the cost to our constituents while we shut down our cheap coal plants. At the same time, shale gas has not come on stream due to the moratorium, as well as ownership and other regulatory restrictions. We will end up with some of the most expensive energy in the world and it is not clear what the impact will be on reducing carbon output.
At the same time as we are closing existing power plants because of the EU, we are banning unilaterally the construction of new plants. The cost of how much we are putting up electricity prices for our constituents should be added to the £9.8 billion figure. We would be much better off if we had a proper market in electricity production, rather than a market rigged against consumers. The Minister, through clauses 38 to 40, wants to introduce a huge network of conflicting subsidies that will let the Government, ex-post, change the conditions of someone’s electricity supply contract. All that will do is increase the price of investment to guard against that risk—yet another thing moving us away from the free market in electricity that might drive down prices for consumers who, certainly in my constituency, are finding the costs very difficult to bear. The previous Government’s policies were bad enough, but the Bill will lead to long-term contracts that may be impossible to get out off, and which will force consumers to pay higher prices for energy for years into the future.
Barry Gardiner: I rise to speak to amendments 148 and 150 in my name, and to amendment 179 in the names of my right hon. and hon. Friends.
Under the large combustion plant directive, 8 GW of old coal has to close by 2015. Of that, 6 GW has already gone, with the remaining 2 GW being considered for conversion to biomass. That leaves 20 GW of old coal set to stay on the system. Of that, approximately 15 GW is being considered for all options, which means that it could be opted into the integrated emissions directive, investing in air filters for NOx and SOx in order to comply. This plant would then not have to close in 2023, and would naturally seek to maximise its return on that capital cost by continuing to provide base load generation capacity unconstrained by the EPS.
Amendment 148 would ensure that where substantial pollution abatement equipment properly dealing with the oxides of sulphur, nitrogen, heavy metals or particles is fitted to the generating station in such a way that
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makes it compliant with the EU IED while still emitting above 450 grams per kWh, the plant would then be brought under the EPS framework. Without the amendment, many plants will succeed in circumventing the EPS, which would undermine the EMR, the UK’s carbon budgets, the incentive to invest in CCS and the coalition agreement, which committed the Department of Energy and Climate Change to introducing an EPS as a backstop to unabated coal. Remember, these old coal plants have already recouped their capital costs. Allowing them to avoid the EPS cannot therefore be justified, and I dispute what the Minister said about the importance of not accepting the amendment in order to allow new coal to recoup its costs.
Ian Lavery (Wansbeck) (Lab): Does my hon. Friend agree that coal has a huge role to play in the energy mix of this country? It must, however, be on the basis of burning coal cleanly, using carbon capture and storage. The Government must get a move on and provide the finances to ensure that that happens as soon as possible.
Barry Gardiner: I am in 100% agreement with my hon. Friend. I am happy to put on the record that coal is the energy of the future for the next 40 years; not necessarily in this country, but around the world. Unless we develop CCS and export it to such countries as China and India, which are going to be using coal, the future will be bleak for all of us. It is imperative to incentivise CCS, which is why amendment 179, in conjunction with amendments 148 and 150, is so important.
The central purpose of the grandfathering provision in the EPS is to enable investors in newly consented plant to recover their costs prior to being forced to fit CCS and/or limit their running hours. The grandfathering date in the Bill as it stands is simply not credible. The EPS currently allows unabated gas to operate as base load until 2045. This is not plausible in a carbon-constrained world in which international commitments to reduce carbon are more likely to increase than otherwise. More to the point, grandfathering to 2045 reduces the policy levers available to government, and is likely to reduce the demand for CCS for coal and seriously undermine the credibility of CCS for gas. The EPS is the backstop; it is a very different policy lever from the decarbonisation target. As such, it should retain flexibility to account for policy failure. I have not sought, therefore, to amend the level of the EPS, because in a situation of extreme policy failure, we might need to continue to use some of the unabated gas into the late 2020s. The inclusion of a 2030 decarbonisation target should reduce that risk significantly, but it would remain a risk, and one for which the EPS would have to account.
Amendment 150 proposes a 15-year window up to 2029 providing an adequate commercial time frame and aligning itself with the 2030 power sector decarbonisation trajectory. It would provide increased investor confidence by being more credible than the current 2045, and by setting a shorter grandfathering period, new gas plant would be incentivised to begin operation sooner, assisting efforts to address energy security concerns in this decade.
Amendment 179 would remedy the problem of the Energy Bill’s requiring CCS projects to operate under the EPS regime from day one. The amendment would apply the EPS to CCS projects only once an agreed and clearly defined commissioning and proving window had passed. That approach would remove an unnecessary
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regulatory burden for project developers and lower the cost for consumers, as the EPS risk would not need to be factored into the CFD strike price, and would achieve the Government’s aim—
7 pm
Debate interrupted (Programme Order, this day).
The Deputy Speaker put forthwith the Question already proposed from the Chair (Standing Order No. 83E), That the clause be read a Second time.
New clause 8 accordingly read a Second time, and added to the Bill.
The Deputy Speaker then put forthwith the Questions necessary for the disposal of business to be concluded at that time (Standing Order No. 83E).
Capacity market rules: procedure
‘(1) Before the first exercise by the Secretary of State of the power to make capacity market rules, the Secretary of State must lay a draft of the rules before Parliament.
(2) 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 proposed rules.
(3) If no such resolution is made within that period, the Secretary of State may make the rules in the form of the draft.
(4) Subsection (3) does not prevent a new draft of proposed capacity market rules being laid before Parliament.
(5) In this section “40-day period”, in relation to a draft of proposed capacity market rules, 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 2 days on which it is laid).
(6) 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.
(7) Before any exercise by the Secretary of State of a power to make capacity market rules, the Secretary of State must consult—
(b) any person who is a holder of a licence to supply electricity under section 6(1)(d) of EA 1989;
(c) any person who is a capacity provider;
(d) such other persons as the Secretary of State considers it appropriate to consult.
(8) In relation to any exercise by the Secretary of State or the Authority of a power to make capacity market rules, the person making the rules must, as soon as reasonably practicable after they are made, lay them before Parliament and publish them.’.—(Michael Fallon.)
Brought up, and added to the Bill.
Capacity market rules: further provision
‘(1) Capacity market rules may—
(a) include incidental, supplementary and consequential provision;
(b) make transitory or transitional provision or savings;
(c) make different provision for different cases or circumstances or for different purposes;
(d) make provision subject to exceptions.
(2) A power to make capacity market rules includes a power to amend, add to or remove capacity market rules (and a person exercising such a power may amend, add to or remove provision in capacity market rules made by another person).
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(3) But subsection (2) is subject to provision made by electricity capacity regulations.’.—(Michael Fallon.)
Brought up, and added to the Bill.
Nuclear regulations: civil liability
‘(1) Nuclear regulations may provide for breach of a relevant nuclear duty to be actionable (whether or not they also provide for it to be an offence).
(2) Except so far as nuclear regulations provide, any such breach does not give rise to a claim for breach of statutory duty.
(3) Nuclear regulations may provide for—
(a) defences in relation to any action for breach of a relevant nuclear duty;
(b) any term of an agreement which purports to exclude or restrict liability for breach of a relevant nuclear duty to be void.
(4) For this purpose “relevant nuclear duty” means a duty imposed by—
(b) any provision of, or made under, the Nuclear Installations Act 1965 that is a relevant statutory provision.
(5) Nothing in this section affects any right of action or defence which otherwise exists or may be available.’.—(Michael Fallon.)
Brought up, and added to the Bill.
Civil liability: saving for section 12 of the Nuclear Installations Act 1965
‘Nothing in this Part affects the operation of section 12 of the Nuclear Installations Act 1965 (right to compensation by virtue of certain provisions of that Act).’.—(Michael Fallon.)
Brought up, and added to the Bill.
Expert panel
‘Schedule [The Expert Panel] has effect.’.—(Martin Horwood.)
Question put, That the clause be added to the Bill:—
The House divided:
Ayes 232, Noes 287.
Division No. 12]
[
7.01 pm
AYES
Abbott, Ms Diane
Abrahams, Debbie
Ainsworth, rh Mr Bob
Alexander, rh Mr Douglas
Alexander, Heidi
Ali, Rushanara
Allen, Mr Graham
Ashworth, Jonathan
Austin, Ian
Bailey, Mr Adrian
Bain, Mr William
Banks, Gordon
Barron, rh Mr Kevin
Beckett, rh Margaret
Begg, Dame Anne
Benn, rh Hilary
Benton, Mr Joe
Berger, Luciana
Blackman-Woods, Roberta
Blears, rh Hazel
Blomfield, Paul
Bottomley, Sir Peter
Bradshaw, rh Mr Ben
Brennan, Kevin
Brown, Lyn
Brown, rh Mr Nicholas
Brown, Mr Russell
Bryant, Chris
Buck, Ms Karen
Byrne, rh Mr Liam
Campbell, Mr Alan
Campbell, Mr Ronnie
Caton, Martin
Champion, Sarah
Chapman, Jenny
Clark, Katy
Clwyd, rh Ann
Coaker, Vernon
Coffey, Ann
Connarty, Michael
Cooper, Rosie
Cooper, rh Yvette
Corbyn, Jeremy
Crausby, Mr David
Creagh, Mary
Creasy, Stella
Cruddas, Jon
Cryer, John
Cunningham, Alex
Cunningham, Mr Jim
Cunningham, Sir Tony
Curran, Margaret
Danczuk, Simon
David, Wayne
Davidson, Mr Ian
Davies, Geraint
De Piero, Gloria
Denham, rh Mr John
Dobbin, Jim
Dobson, rh Frank
Docherty, Thomas
Donohoe, Mr Brian H.
Doran, Mr Frank
Doughty, Stephen
Dowd, Jim
Dromey, Jack
Dugher, Michael
Durkan, Mark
Eagle, Ms Angela
Eagle, Maria
Elliott, Julie
Ellman, Mrs Louise
Engel, Natascha
Esterson, Bill
Evans, Chris
Farrelly, Paul
Farron, Tim
Field, rh Mr Frank
Fitzpatrick, Jim
Flello, Robert
Flint, rh Caroline
Flynn, Paul
Francis, Dr Hywel
Gardiner, Barry
Gilmore, Sheila
Glass, Pat
Glindon, Mrs Mary
Godsiff, Mr Roger
Goggins, rh Paul
Goodman, Helen
Greatrex, Tom
Green, Kate
Greenwood, Lilian
Griffith, Nia
Gwynne, Andrew
Hain, rh Mr Peter
Hamilton, Mr David
Hamilton, Fabian
Hanson, rh Mr David
Harman, rh Ms Harriet
Harris, Mr Tom
Havard, Mr Dai
Healey, rh John
Hepburn, Mr Stephen
Hillier, Meg
Hilling, Julie
Hodge, rh Margaret
Hodgson, Mrs Sharon
Hopkins, Kelvin
Horwood, Martin
Howarth, rh Mr George
Hunt, Tristram
Irranca-Davies, Huw
Jackson, Glenda
Jamieson, Cathy
Jarvis, Dan
Johnson, Diana
Jones, Graham
Jones, Helen
Jones, Mr Kevan
Jones, Susan Elan
Kaufman, rh Sir Gerald
Keeley, Barbara
Kendall, Liz
Khan, rh Sadiq
Lammy, rh Mr David
Lavery, Ian
Lazarowicz, Mark
Leslie, Chris
Lewell-Buck, Emma
Lewis, Mr Ivan
Llwyd, rh Mr Elfyn
Lucas, Caroline
Lucas, Ian
Mactaggart, Fiona
Mahmood, Shabana
Malhotra, Seema
Marsden, Mr Gordon
McCabe, Steve
McCann, Mr Michael
McCarthy, Kerry
McClymont, Gregg
McDonagh, Siobhain
McDonald, Andy
McFadden, rh Mr Pat
McGovern, Alison
McGovern, Jim
McGuire, rh Mrs Anne
McKechin, Ann
McKenzie, Mr Iain
McKinnell, Catherine
Meacher, rh Mr Michael
Meale, Sir Alan
Mearns, Ian
Miliband, rh Edward
Miller, Andrew
Morden, Jessica
Morrice, Graeme
(Livingston)
Morris, Grahame M.
(Easington)
Mudie, Mr George
Munn, Meg
Murphy, rh Mr Jim
Murphy, rh Paul
Murray, Ian
Nandy, Lisa
Nash, Pamela
O'Donnell, Fiona
Onwurah, Chi
Osborne, Sandra
Owen, Albert
Pearce, Teresa
Perkins, Toby
Phillipson, Bridget
Pound, Stephen
Qureshi, Yasmin
Raynsford, rh Mr Nick
Reckless, Mark
Reed, Mr Jamie
Reynolds, Emma
Reynolds, Jonathan
Riordan, Mrs Linda
Robertson, Angus
Robertson, John
Robinson, Mr Geoffrey
Rotheram, Steve
Roy, Mr Frank
Roy, Lindsay
Ruane, Chris
Ruddock, rh Dame Joan
Sarwar, Anas
Sawford, Andy
Seabeck, Alison
Sharma, Mr Virendra
Sheerman, Mr Barry
Shuker, Gavin
Skinner, Mr Dennis
Slaughter, Mr Andy
Smith, rh Mr Andrew
Smith, Nick
Smith, Owen
Spellar, rh Mr John
Straw, rh Mr Jack
Stringer, Graham
Stunell, rh Andrew
Sutcliffe, Mr Gerry
Tami, Mark
Thomas, Mr Gareth
Thornberry, Emily
Timms, rh Stephen
Trickett, Jon
Turner, Karl
Twigg, Derek
Twigg, Stephen
Umunna, Mr Chuka
Vaz, rh Keith
Vaz, Valerie
Walley, Joan
Watson, Mr Tom
Watts, Mr Dave
Weatherley, Mike
Weir, Mr Mike
Whiteford, Dr Eilidh
Whitehead, Dr Alan
Williamson, Chris
Wilson, Phil
Winnick, Mr David
Winterton, rh Ms Rosie
Wishart, Pete
Wood, Mike
Woodcock, John
Wright, David
Wright, Mr Iain
Tellers for the Ayes:
Nic Dakin
and
Tom Blenkinsop
NOES
Adams, Nigel
Afriyie, Adam
Aldous, Peter
Amess, Mr David
Andrew, Stuart
Arbuthnot, rh Mr James
Bacon, Mr Richard
Baker, Norman
Baker, Steve
Baldwin, Harriett
Barclay, Stephen
Barker, rh Gregory
Baron, Mr John
Barwell, Gavin
Bebb, Guto
Beith, rh Sir Alan
Bellingham, Mr Henry
Benyon, Richard
Berry, Jake
Bingham, Andrew
Binley, Mr Brian
Birtwistle, Gordon
Blackwood, Nicola
Blunt, Mr Crispin
Boles, Nick
Bone, Mr Peter
Bradley, Karen
Brady, Mr Graham
Brake, rh Tom
Bray, Angie
Bridgen, Andrew
Brine, Steve
Brokenshire, James
Browne, Mr Jeremy
Bruce, Fiona
Buckland, Mr Robert
Burley, Mr Aidan
Burns, Conor
Burrowes, Mr David
Burstow, rh Paul
Burt, Lorely
Byles, Dan
Cable, rh Vince
Cairns, Alun
Campbell, rh Sir Menzies
Carmichael, rh Mr Alistair
Carmichael, Neil
Carswell, Mr Douglas
Cash, Mr William
Chishti, Rehman
Clappison, Mr James
Clifton-Brown, Geoffrey
Coffey, Dr Thérèse
Collins, Damian
Colvile, Oliver
Crabb, Stephen
Crockart, Mike
Crouch, Tracey
Davey, rh Mr Edward
Davies, David T. C.
(Monmouth)
Davies, Glyn
Davies, Philip
Davis, rh Mr David
de Bois, Nick
Dinenage, Caroline
Djanogly, Mr Jonathan
Dorrell, rh Mr Stephen
Dorries, Nadine
Doyle-Price, Jackie
Duddridge, James
Duncan Smith, rh Mr Iain
Dunne, Mr Philip
Ellis, Michael
Ellison, Jane
Ellwood, Mr Tobias
Elphicke, Charlie
Evans, Graham
Evans, Jonathan
Evennett, Mr David
Fabricant, Michael
Fallon, rh Michael
Field, Mark
Foster, rh Mr Don
Fox, rh Dr Liam
Francois, rh Mr Mark
Freeman, George
Freer, Mike
Fullbrook, Lorraine
Fuller, Richard
Garnier, Sir Edward
Garnier, Mark
Gauke, Mr David
Gibb, Mr Nick
Gilbert, Stephen
Gillan, rh Mrs Cheryl
Glen, John
Goodwill, Mr Robert
Gove, rh Michael
Grant, Mrs Helen
Gray, Mr James
Grayling, rh Chris
Green, rh Damian
Greening, rh Justine
Grieve, rh Mr Dominic
Griffiths, Andrew
Gummer, Ben
Gyimah, Mr Sam
Hague, rh Mr William
Halfon, Robert
Hames, Duncan
Hancock, Matthew
Hancock, Mr Mike
Hands, Greg
Harrington, Richard
Harris, Rebecca
Hart, Simon
Haselhurst, rh Sir Alan
Hayes, rh Mr John
Heald, Oliver
Heath, Mr David
Heaton-Harris, Chris
Hemming, John
Henderson, Gordon
Hinds, Damian
Hoban, Mr Mark
Hollingbery, George
Hollobone, Mr Philip
Holloway, Mr Adam
Hopkins, Kris
Howarth, Sir Gerald
Howell, John
Huppert, Dr Julian
Hurd, Mr Nick
Jackson, Mr Stewart
James, Margot
Javid, Sajid
Jenkin, Mr Bernard
Johnson, Gareth
Johnson, Joseph
Jones, Andrew
Jones, rh Mr David
Jones, Mr Marcus
Kawczynski, Daniel
Kelly, Chris
Knight, rh Mr Greg
Kwarteng, Kwasi
Laing, Mrs Eleanor
Lamb, Norman
Lancaster, Mark
Lansley, rh Mr Andrew
Latham, Pauline
Laws, rh Mr David
Leadsom, Andrea
Lee, Jessica
Lee, Dr Phillip
Lefroy, Jeremy
Leslie, Charlotte
Lewis, Brandon
Lewis, Dr Julian
Liddell-Grainger, Mr Ian
Lidington, rh Mr David
Lilley, rh Mr Peter
Lloyd, Stephen
Lopresti, Jack
Lord, Jonathan
Loughton, Tim
Lumley, Karen
Macleod, Mary
Main, Mrs Anne
Maude, rh Mr Francis
May, rh Mrs Theresa
Maynard, Paul
McCartney, Karl
McIntosh, Miss Anne
McLoughlin, rh Mr Patrick
McPartland, Stephen
McVey, Esther
Metcalfe, Stephen
Miller, rh Maria
Mills, Nigel
Milton, Anne
Mitchell, rh Mr Andrew
Moore, rh Michael
Mordaunt, Penny
Morris, Anne Marie
Morris, David
Morris, James
Mosley, Stephen
Mowat, David
Murray, Sheryll
Murrison, Dr Andrew
Neill, Robert
Newmark, Mr Brooks
Newton, Sarah
Nokes, Caroline
Norman, Jesse
Nuttall, Mr David
O'Brien, Mr Stephen
Offord, Dr Matthew
Ollerenshaw, Eric
Opperman, Guy
Paice, rh Sir James
Parish, Neil
Patel, Priti
Paterson, rh Mr Owen
Pawsey, Mark
Penning, Mike
Penrose, John
Percy, Andrew
Phillips, Stephen
Poulter, Dr Daniel
Prisk, Mr Mark
Pugh, John
Raab, Mr Dominic
Randall, rh Mr John
Redwood, rh Mr John
Rees-Mogg, Jacob
Reid, Mr Alan
Robathan, rh Mr Andrew
Robertson, rh Hugh
Robertson, Mr Laurence
Rogerson, Dan
Rosindell, Andrew
Rudd, Amber
Ruffley, Mr David
Russell, Sir Bob
Rutley, David
Sandys, Laura
Scott, Mr Lee
Selous, Andrew
Shapps, rh Grant
Sharma, Alok
Shelbrooke, Alec
Shepherd, Sir Richard
Simmonds, Mark
Simpson, Mr Keith
Skidmore, Chris
Smith, Miss Chloe
Smith, Henry
Smith, Julian
Smith, Sir Robert
Soames, rh Nicholas
Soubry, Anna
Spelman, rh Mrs Caroline
Spencer, Mr Mark
Stanley, rh Sir John
Stephenson, Andrew
Stewart, Bob
Stewart, Iain
Streeter, Mr Gary
Stride, Mel
Sturdy, Julian
Swayne, rh Mr Desmond
Swinson, Jo
Swire, rh Mr Hugo
Syms, Mr Robert
Thornton, Mike
Thurso, John
Timpson, Mr Edward
Tomlinson, Justin
Tredinnick, David
Truss, Elizabeth
Turner, Mr Andrew
Uppal, Paul
Vaizey, Mr Edward
Vara, Mr Shailesh
Vickers, Martin
Walker, Mr Robin
Wallace, Mr Ben
Walter, Mr Robert
Ward, Mr David
Webb, Steve
Wharton, James
Wheeler, Heather
Whittaker, Craig
Whittingdale, Mr John
Wiggin, Bill
Williams, Mr Mark
Williams, Roger
Williamson, Gavin
Willott, Jenny
Wilson, Mr Rob
Wollaston, Dr Sarah
Wright, Simon
Yeo, Mr Tim
Young, rh Sir George
Zahawi, Nadhim
Tellers for the Noes:
Nicky Morgan
and
Mark Hunter
Question accordingly negatived.
3 Jun 2013 : Column 1301
3 Jun 2013 : Column 1302
3 Jun 2013 : Column 1303
3 Jun 2013 : Column 1304
General considerations relating to this Part
Amendment made: 52, page 5, line 10, at end insert—
‘(4) The Secretary of State must before 31st December in each year, beginning with 2014, prepare and lay before Parliament a report setting out how the Secretary of State has carried out during the year the functions under this Part of this Act.
(5) The Secretary of State must publish the report and send a copy of it to the Department of Enterprise, Trade and Investment, the Scottish Ministers and the Welsh Ministers.’.—(Michael Fallon.)
Designation of a CFD counterparty
Amendments made: 53, page 6, line 15, at beginning insert
‘The Secretary of State may exercise the power to designate so that’.
Amendment 54, page 6, line 15, leave out ‘may have’ and insert ‘has’.
Amendment 55, page 6, line 15, at end insert
‘, but only if the Secretary of State considers it necessary for the purpose of ensuring that—
(a) liabilities under a CFD are met,
(b) arrangements entered into for purposes connected to a CFD continue to operate, or
(c) directions given to a CFD counterparty continue to have effect.’.
3 Jun 2013 : Column 1305
Amendment 56, page 6, line 20, leave out ‘28 days’’ and insert ‘3 months’’.
Amendment 57, page 6, line 29, leave out ‘obligations’ and insert ‘liabilities’.—(Michael Fallon.)
Duties of a CFD counterparty
Amendment made: 58, page 6, line 39, at end insert—
‘(1A) A CFD counterparty must exercise the functions conferred by or by virtue of this Chapter to ensure that it can meet its liabilities under any CFD to which it is a party.’.—(Michael Fallon.)
Supplier obligation
Amendments made: 59, page 7, line 13, at end insert—
‘(2A) In subsection (2)(a) “costs” means costs in connection with the performance of any function conferred by or by virtue of this Chapter.’.
Amendment 60, page 7, line 39, at end insert—
‘(7A) A CFD counterparty may recover from an electricity supplier, as a civil debt due to it, any sum which—
(a) the electricity supplier is required by virtue of regulations to pay to the CFD counterparty, and
(b) has not been paid by the date on which it is required by virtue of regulations to be paid.’.—(Michael Fallon.)
Payments to electricity suppliers
Amendment made: 61, page 8, line 31, at end insert—
‘(1A) Provision made by virtue of this section may—
(a) include provision for a CFD counterparty to calculate or determine, in accordance with such criteria as may be provided for by or under the regulations, amounts which are owed by the CFD counterparty;
(b) provide for anything which is to be calculated or determined under the regulations to be calculated or determined by such persons, in accordance with such procedure and by reference to such matters and to the opinion of such persons, as may be specified in the regulations.’.—(Michael Fallon.)
Amendment proposed: 24, page 8, line 37, at end insert—
‘(3) Payments offered under a contract for difference relating to the supply of electricity generated by nuclear power must not exceed payments offered under any contract for the supply of electricity from renewable sources.
(4) For the purposes of subsection (3)—
(a) the calculation of payments must include both the strike price and the duration of the contract;
(b) renewable sources are defined in accordance with Article 2 of Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources.’.—(Caroline Lucas.)
Question put, That the amendment be made.
The House divided:
Ayes 20, Noes 503.
Division No. 13]
[
7.17 pm
AYES
Caton, Martin
Corbyn, Jeremy
Cryer, John
Durkan, Mark
Farron, Tim
Flynn, Paul
Goldsmith, Zac
Havard, Mr Dai
Hopkins, Kelvin
Horwood, Martin
Lucas, Caroline
Meacher, rh Mr Michael
Reckless, Mark
Riordan, Mrs Linda
Robertson, Angus
Smith, rh Mr Andrew
Walley, Joan
Weatherley, Mike
Whiteford, Dr Eilidh
Wood, Mike
Tellers for the Ayes:
Pete Wishart
and
Mr Mike Weir
NOES
Abbott, Ms Diane
Abrahams, Debbie
Adams, Nigel
Afriyie, Adam
Ainsworth, rh Mr Bob
Aldous, Peter
Alexander, rh Mr Douglas
Alexander, Heidi
Ali, Rushanara
Allen, Mr Graham
Amess, Mr David
Andrew, Stuart
Arbuthnot, rh Mr James
Ashworth, Jonathan
Austin, Ian
Bacon, Mr Richard
Bailey, Mr Adrian
Bain, Mr William
Baker, Norman
Baker, Steve
Baldwin, Harriett
Banks, Gordon
Barclay, Stephen
Barker, rh Gregory
Baron, Mr John
Barron, rh Mr Kevin
Barwell, Gavin
Bebb, Guto
Beckett, rh Margaret
Begg, Dame Anne
Beith, rh Sir Alan
Bellingham, Mr Henry
Benn, rh Hilary
Benton, Mr Joe
Benyon, Richard
Berger, Luciana
Berry, Jake
Bingham, Andrew
Binley, Mr Brian
Birtwistle, Gordon
Blackman-Woods, Roberta
Blackwood, Nicola
Blears, rh Hazel
Blenkinsop, Tom
Blomfield, Paul
Blunt, Mr Crispin
Boles, Nick
Bone, Mr Peter
Bottomley, Sir Peter
Bradley, Karen
Bradshaw, rh Mr Ben
Brady, Mr Graham
Brake, rh Tom
Bray, Angie
Brennan, Kevin
Bridgen, Andrew
Brine, Steve
Brokenshire, James
Brooke, Annette
Brown, Lyn
Brown, rh Mr Nicholas
Brown, Mr Russell
Browne, Mr Jeremy
Bruce, Fiona
Bryant, Chris
Buck, Ms Karen
Buckland, Mr Robert
Burley, Mr Aidan
Burns, Conor
Burrowes, Mr David
Burstow, rh Paul
Burt, Lorely
Byles, Dan
Byrne, rh Mr Liam
Cable, rh Vince
Cairns, Alun
Campbell, Mr Alan
Campbell, rh Sir Menzies
Campbell, Mr Ronnie
Carmichael, rh Mr Alistair
Carmichael, Neil
Carswell, Mr Douglas
Cash, Mr William
Champion, Sarah
Chapman, Jenny
Chishti, Rehman
Clappison, Mr James
Clark, Katy
Clarke, rh Mr Tom
Clifton-Brown, Geoffrey
Clwyd, rh Ann
Coaker, Vernon
Coffey, Ann
Coffey, Dr Thérèse
Collins, Damian
Colvile, Oliver
Connarty, Michael
Cooper, Rosie
Cooper, rh Yvette
Crabb, Stephen
Crausby, Mr David
Creagh, Mary
Creasy, Stella
Crockart, Mike
Crouch, Tracey
Cruddas, Jon
Cunningham, Alex
Cunningham, Mr Jim
Cunningham, Sir Tony
Curran, Margaret
Dakin, Nic
Danczuk, Simon
Davey, rh Mr Edward
David, Wayne
Davidson, Mr Ian
Davies, David T. C.
(Monmouth)
Davies, Geraint
Davies, Glyn
Davies, Philip
Davis, rh Mr David
de Bois, Nick
De Piero, Gloria
Denham, rh Mr John
Dinenage, Caroline
Djanogly, Mr Jonathan
Dobbin, Jim
Dobson, rh Frank
Docherty, Thomas
Donohoe, Mr Brian H.
Doran, Mr Frank
Dorrell, rh Mr Stephen
Dorries, Nadine
Doughty, Stephen
Dowd, Jim
Doyle-Price, Jackie
Dromey, Jack
Duddridge, James
Dugher, Michael
Duncan Smith, rh Mr Iain
Dunne, Mr Philip
Eagle, Ms Angela
Eagle, Maria
Elliott, Julie
Ellis, Michael
Ellison, Jane
Ellman, Mrs Louise
Ellwood, Mr Tobias
Elphicke, Charlie
Engel, Natascha
Esterson, Bill
Evans, Chris
Evans, Graham
Evans, Jonathan
Fabricant, Michael
Fallon, rh Michael
Farrelly, Paul
Field, rh Mr Frank
Field, Mark
Fitzpatrick, Jim
Flello, Robert
Flint, rh Caroline
Foster, rh Mr Don
Fox, rh Dr Liam
Francis, Dr Hywel
Francois, rh Mr Mark
Freeman, George
Freer, Mike
Fullbrook, Lorraine
Fuller, Richard
Gardiner, Barry
Garnier, Sir Edward
Garnier, Mark
Gauke, Mr David
Gibb, Mr Nick
Gilbert, Stephen
Gillan, rh Mrs Cheryl
Gilmore, Sheila
Glass, Pat
Glen, John
Glindon, Mrs Mary
Godsiff, Mr Roger
Goggins, rh Paul
Goodman, Helen
Goodwill, Mr Robert
Gove, rh Michael
Grant, Mrs Helen
Gray, Mr James
Grayling, rh Chris
Greatrex, Tom
Green, rh Damian
Green, Kate
Greening, rh Justine
Greenwood, Lilian
Grieve, rh Mr Dominic
Griffith, Nia
Griffiths, Andrew
Gummer, Ben
Gwynne, Andrew
Gyimah, Mr Sam
Hague, rh Mr William
Hain, rh Mr Peter
Halfon, Robert
Hames, Duncan
Hamilton, Mr David
Hamilton, Fabian
Hancock, Matthew
Hancock, Mr Mike
Hands, Greg
Hanson, rh Mr David
Harman, rh Ms Harriet
Harrington, Richard
Harris, Rebecca
Harris, Mr Tom
Hart, Simon
Harvey, Sir Nick
Haselhurst, rh Sir Alan
Hayes, rh Mr John
Heald, Oliver
Healey, rh John
Heath, Mr David
Heaton-Harris, Chris
Hemming, John
Henderson, Gordon
Hepburn, Mr Stephen
Hillier, Meg
Hilling, Julie
Hinds, Damian
Hoban, Mr Mark
Hodge, rh Margaret
Hodgson, Mrs Sharon
Hollingbery, George
Hollobone, Mr Philip
Holloway, Mr Adam
Hopkins, Kris
Howarth, rh Mr George
Howarth, Sir Gerald
Howell, John
Hunt, Tristram
Huppert, Dr Julian
Hurd, Mr Nick
Irranca-Davies, Huw
Jackson, Glenda
Jackson, Mr Stewart
James, Margot
Jamieson, Cathy
Jarvis, Dan
Javid, Sajid
Jenkin, Mr Bernard
Johnson, Diana
Johnson, Gareth
Johnson, Joseph
Jones, Andrew
Jones, rh Mr David
Jones, Graham
Jones, Helen
Jones, Mr Kevan
Jones, Mr Marcus
Jones, Susan Elan
Kaufman, rh Sir Gerald
Kawczynski, Daniel
Keeley, Barbara
Kelly, Chris
Kendall, Liz
Khan, rh Sadiq
Kirby, Simon
Knight, rh Mr Greg
Kwarteng, Kwasi
Laing, Mrs Eleanor
Lamb, Norman
Lammy, rh Mr David
Lancaster, Mark
Lansley, rh Mr Andrew
Latham, Pauline
Lavery, Ian
Laws, rh Mr David
Lazarowicz, Mark
Leadsom, Andrea
Lee, Jessica
Lee, Dr Phillip
Lefroy, Jeremy
Leslie, Charlotte
Leslie, Chris
Lewell-Buck, Emma
Lewis, Brandon
Lewis, Mr Ivan
Lewis, Dr Julian
Liddell-Grainger, Mr Ian
Lidington, rh Mr David
Lilley, rh Mr Peter
Lloyd, Stephen
Lopresti, Jack
Lord, Jonathan
Loughton, Tim
Lucas, Ian
Lumley, Karen
Macleod, Mary
Mactaggart, Fiona
Mahmood, Shabana
Main, Mrs Anne
Malhotra, Seema
Marsden, Mr Gordon
Maude, rh Mr Francis
May, rh Mrs Theresa
Maynard, Paul
McCabe, Steve
McCann, Mr Michael
McCarthy, Kerry
McCartney, Karl
McClymont, Gregg
McDonagh, Siobhain
McDonald, Andy
McFadden, rh Mr Pat
McGovern, Alison
McGovern, Jim
McGuire, rh Mrs Anne
McIntosh, Miss Anne
McKechin, Ann
McKenzie, Mr Iain
McKinnell, Catherine
McLoughlin, rh Mr Patrick
McPartland, Stephen
McVey, Esther
Meale, Sir Alan
Mearns, Ian
Metcalfe, Stephen
Miller, Andrew
Miller, rh Maria
Mills, Nigel
Milton, Anne
Mitchell, rh Mr Andrew
Moore, rh Michael
Mordaunt, Penny
Morden, Jessica
Morgan, Nicky
Morrice, Graeme
(Livingston)
Morris, Anne Marie
Morris, David
Morris, Grahame M.
(Easington)
Morris, James
Mosley, Stephen
Mowat, David
Mudie, Mr George
Munn, Meg
Murphy, rh Mr Jim
Murphy, rh Paul
Murray, Ian
Murray, Sheryll
Murrison, Dr Andrew
Nandy, Lisa
Nash, Pamela
Neill, Robert
Newmark, Mr Brooks
Newton, Sarah
Nokes, Caroline
Norman, Jesse
Nuttall, Mr David
O'Brien, Mr Stephen
O'Donnell, Fiona
Offord, Dr Matthew
Ollerenshaw, Eric
Onwurah, Chi
Opperman, Guy
Osborne, Sandra
Owen, Albert
Paice, rh Sir James
Parish, Neil
Patel, Priti
Paterson, rh Mr Owen
Pawsey, Mark
Pearce, Teresa
Penning, Mike
Penrose, John
Percy, Andrew
Perkins, Toby
Phillips, Stephen
Phillipson, Bridget
Poulter, Dr Daniel
Pound, Stephen
Prisk, Mr Mark
Pugh, John
Qureshi, Yasmin
Raab, Mr Dominic
Randall, rh Mr John
Raynsford, rh Mr Nick
Redwood, rh Mr John
Reed, Mr Jamie
Rees-Mogg, Jacob
Reid, Mr Alan
Reynolds, Emma
Reynolds, Jonathan
Robathan, rh Mr Andrew
Robertson, rh Hugh
Robertson, John
Robertson, Mr Laurence
Robinson, Mr Geoffrey
Rogerson, Dan
Rosindell, Andrew
Rotheram, Steve
Roy, Mr Frank
Roy, Lindsay
Ruane, Chris
Rudd, Amber
Ruddock, rh Dame Joan
Ruffley, Mr David
Russell, Sir Bob
Rutley, David
Sanders, Mr Adrian
Sandys, Laura
Sarwar, Anas
Sawford, Andy
Scott, Mr Lee
Seabeck, Alison
Selous, Andrew
Shapps, rh Grant
Sharma, Alok
Sharma, Mr Virendra
Sheerman, Mr Barry
Shelbrooke, Alec
Shepherd, Sir Richard
Shuker, Gavin
Simmonds, Mark
Simpson, Mr Keith
Skidmore, Chris
Skinner, Mr Dennis
Slaughter, Mr Andy
Smith, Miss Chloe
Smith, Henry
Smith, Julian
Smith, Nick
Smith, Owen
Smith, Sir Robert
Soames, rh Nicholas
Soubry, Anna
Spellar, rh Mr John
Spelman, rh Mrs Caroline
Spencer, Mr Mark
Stanley, rh Sir John
Stephenson, Andrew
Stevenson, John
Stewart, Bob
Stewart, Iain
Straw, rh Mr Jack
Streeter, Mr Gary
Stride, Mel
Stringer, Graham
Stunell, rh Andrew
Sturdy, Julian
Sutcliffe, Mr Gerry
Swales, Ian
Swayne, rh Mr Desmond
Swinson, Jo
Swire, rh Mr Hugo
Syms, Mr Robert
Tami, Mark
Thomas, Mr Gareth
Thornberry, Emily
Thornton, Mike
Thurso, John
Timms, rh Stephen
Timpson, Mr Edward
Tomlinson, Justin
Trickett, Jon
Truss, Elizabeth
Turner, Mr Andrew
Turner, Karl
Twigg, Derek
Twigg, Stephen
Umunna, Mr Chuka
Uppal, Paul
Vaizey, Mr Edward
Vara, Mr Shailesh
Vaz, Valerie
Vickers, Martin
Walker, Mr Robin
Wallace, Mr Ben
Walter, Mr Robert
Ward, Mr David
Watson, Mr Tom
Watts, Mr Dave
Webb, Steve
Wharton, James
Wheeler, Heather
Whitehead, Dr Alan
Whittaker, Craig
Whittingdale, Mr John
Wiggin, Bill
Williams, Mr Mark
Williams, Roger
Williamson, Chris
Williamson, Gavin
Willott, Jenny
Wilson, Phil
Wilson, Mr Rob
Winnick, Mr David
Winterton, rh Ms Rosie
Wollaston, Dr Sarah
Woodcock, John
Wright, David
Wright, Mr Iain
Wright, Simon
Yeo, Mr Tim
Young, rh Sir George
Zahawi, Nadhim
Tellers for the Noes:
Mark Hunter
and
Mr David Evennett
Question accordingly negatived.
3 Jun 2013 : Column 1306
3 Jun 2013 : Column 1307
3 Jun 2013 : Column 1308
3 Jun 2013 : Column 1309
Appplication of sums held by a CFD counterparty
Amendments made: 62, page 9, line 2, leave out ‘obligations’ and insert ‘its liabilities’.
Amendment 63, page 9, line 4, leave out ‘obligations’ and insert ‘its liabilities’.
Amendment 64, page 9, line 4, at end insert—
‘(2A) In making provision by virtue of subsection (1) the Secretary of State must have regard to the principle that sums should be apportioned in proportion to the amounts which are owed.’.—(Michael Fallon.)
Regulations: further provision
Amendment made: 65, page 10, line 21, at end insert—
‘(3) Regulations must include such provision as the Secretary
3 Jun 2013 : Column 1310
of State considers necessary to ensure that a CFD counterparty can meet its liabilities under any CFD to which it is a party.’. —
(Michael Fallon.)
Capacity agreements
Amendments made: 101, page 13, line 19, leave out ‘to or’.
Amendment 102, page 13, line 21, leave out ‘to or’.
Amendment 103, in clause 22, page 14, line 6, at end insert—
‘(5A) Provision made by virtue of subsection (4)(f) and (g) may—
(a) include provision for a settlement body to calculate or determine, in accordance with such criteria as may be provided for by or under the regulations, amounts which are owed as capacity payments or capacity incentives;
(b) provide for anything which is to be calculated or determined under the regulations to be calculated or determined by such persons, in accordance with such procedure and by reference to such matters and to the opinion of such persons, as may be specified in the regulations.’.—(Michael Fallon.)
Settlement body
Amendment made: 104, page 15, line 2, at end insert—
‘(1A) In subsection (1)(a) “costs” means costs in connection with the performance of any function conferred by or by virtue of this Chapter.’.—(Michael Fallon.)
Enforcement and dispute resolution
Amendments made: 105, page 16, line 19, at end insert
‘or by capacity market rules.
‘(1A) Capacity market rules may make provision about the enforcement of any obligation or requirement imposed by the rules.’.
Amendment 106, page 16, line 20, after ‘regulations’ insert
‘or in capacity market rules’.
Amendment 107, page 16, line 25, after ‘regulations’ insert
‘or under capacity market rules’.—(Michael Fallon.)
Duty not to exceed annual carbon dioxide emissions limit
Amendment proposed: 179, page 42, line 35, at end insert—
‘( ) Section 42(1) is not to apply in relation to CCS plant until completion of the commissioning and proving period that shall last no longer than 3 years.’.—(Tom Greatrex.)
Question put, That the amendment be made.
The House divided:
Ayes 225, Noes 298.
Division No. 14]
[
7.34 pm
AYES
Abbott, Ms Diane
Abrahams, Debbie
Ainsworth, rh Mr Bob
Alexander, rh Mr Douglas
Alexander, Heidi
Ali, Rushanara
Allen, Mr Graham
Ashworth, Jonathan
Austin, Ian
Bailey, Mr Adrian
Bain, Mr William
Balls, rh Ed
Banks, Gordon
Barron, rh Mr Kevin
Begg, Dame Anne
Benn, rh Hilary
Benton, Mr Joe
Berger, Luciana
Betts, Mr Clive
Binley, Mr Brian
Blackman-Woods, Roberta
Blears, rh Hazel
Blomfield, Paul
Bradshaw, rh Mr Ben
Brennan, Kevin
Brown, Lyn
Brown, rh Mr Nicholas
Brown, Mr Russell
Bryant, Chris
Buck, Ms Karen
Byrne, rh Mr Liam
Campbell, Mr Alan
Campbell, Mr Ronnie
Caton, Martin
Champion, Sarah
Chapman, Jenny
Clark, Katy
Clarke, rh Mr Tom
Clwyd, rh Ann
Coaker, Vernon
Coffey, Ann
Connarty, Michael
Cooper, Rosie
Cooper, rh Yvette
Corbyn, Jeremy
Crausby, Mr David
Creagh, Mary
Creasy, Stella
Cruddas, Jon
Cryer, John
Cunningham, Alex
Cunningham, Mr Jim
Cunningham, Sir Tony
Curran, Margaret
Danczuk, Simon
David, Wayne
Davidson, Mr Ian
Davies, Geraint
De Piero, Gloria
Denham, rh Mr John
Dobbin, Jim
Dobson, rh Frank
Docherty, Thomas
Donohoe, Mr Brian H.
Doran, Mr Frank
Doughty, Stephen
Dowd, Jim
Dromey, Jack
Dugher, Michael
Durkan, Mark
Eagle, Ms Angela
Eagle, Maria
Efford, Clive
Elliott, Julie
Ellman, Mrs Louise
Engel, Natascha
Esterson, Bill
Evans, Chris
Farrelly, Paul
Field, rh Mr Frank
Fitzpatrick, Jim
Flello, Robert
Flint, rh Caroline
Flynn, Paul
Francis, Dr Hywel
Gardiner, Barry
Gilmore, Sheila
Glass, Pat
Glindon, Mrs Mary
Godsiff, Mr Roger
Goggins, rh Paul
Goodman, Helen
Greatrex, Tom
Green, Kate
Greenwood, Lilian
Griffith, Nia
Gwynne, Andrew
Hain, rh Mr Peter
Hamilton, Mr David
Hamilton, Fabian
Hanson, rh Mr David
Harman, rh Ms Harriet
Harris, Mr Tom
Havard, Mr Dai
Healey, rh John
Hepburn, Mr Stephen
Hillier, Meg
Hilling, Julie
Hodge, rh Margaret
Hodgson, Mrs Sharon
Hopkins, Kelvin
Howarth, rh Mr George
Hunt, Tristram
Irranca-Davies, Huw
Jackson, Glenda
Jamieson, Cathy
Jarvis, Dan
Johnson, Diana
Jones, Graham
Jones, Helen
Jones, Mr Kevan
Jones, Susan Elan
Kaufman, rh Sir Gerald
Keeley, Barbara
Kendall, Liz
Lammy, rh Mr David
Lavery, Ian
Lazarowicz, Mark
Leslie, Chris
Lewell-Buck, Emma
Lewis, Mr Ivan
Llwyd, rh Mr Elfyn
Lucas, Ian
Mactaggart, Fiona
Mahmood, Shabana
Malhotra, Seema
Marsden, Mr Gordon
McCabe, Steve
McCann, Mr Michael
McCarthy, Kerry
McClymont, Gregg
McDonagh, Siobhain
McDonald, Andy
McFadden, rh Mr Pat
McGovern, Alison
McGovern, Jim
McGuire, rh Mrs Anne
McKechin, Ann
McKenzie, Mr Iain
McKinnell, Catherine
Meacher, rh Mr Michael
Meale, Sir Alan
Mearns, Ian
Miller, Andrew
Morden, Jessica
Morrice, Graeme
(Livingston)
Morris, Grahame M.
(Easington)
Mudie, Mr George
Munn, Meg
Murphy, rh Mr Jim
Murphy, rh Paul
Murray, Ian
Nandy, Lisa
Nash, Pamela
O'Donnell, Fiona
Onwurah, Chi
Osborne, Sandra
Owen, Albert
Pearce, Teresa
Perkins, Toby
Phillipson, Bridget
Pound, Stephen
Qureshi, Yasmin
Raynsford, rh Mr Nick
Reed, Mr Jamie
Reynolds, Emma
Reynolds, Jonathan
Riordan, Mrs Linda
Robertson, Angus
Robertson, John
Robinson, Mr Geoffrey
Rotheram, Steve
Roy, Mr Frank
Roy, Lindsay
Ruane, Chris
Ruddock, rh Dame Joan
Sarwar, Anas
Sawford, Andy
Seabeck, Alison
Sharma, Mr Virendra
Sheerman, Mr Barry
Shuker, Gavin
Skinner, Mr Dennis
Slaughter, Mr Andy
Smith, rh Mr Andrew
Smith, Nick
Smith, Owen
Spellar, rh Mr John
Straw, rh Mr Jack
Stringer, Graham
Sutcliffe, Mr Gerry
Tami, Mark
Thornberry, Emily
Timms, rh Stephen
Trickett, Jon
Turner, Karl
Twigg, Derek
Twigg, Stephen
Vaz, rh Keith
Vaz, Valerie
Walley, Joan
Watson, Mr Tom
Watts, Mr Dave
Weir, Mr Mike
Whiteford, Dr Eilidh
Whitehead, Dr Alan
Williamson, Chris
Wilson, Phil
Winnick, Mr David
Winterton, rh Ms Rosie
Wishart, Pete
Wood, Mike
Woodcock, John
Wright, David
Wright, Mr Iain
Tellers for the Ayes:
Nic Dakin
and
Tom Blenkinsop
NOES
Adams, Nigel
Afriyie, Adam
Aldous, Peter
Amess, Mr David
Andrew, Stuart
Arbuthnot, rh Mr James
Bacon, Mr Richard
Baker, Norman
Baker, Steve
Baldwin, Harriett
Barclay, Stephen
Barker, rh Gregory
Baron, Mr John
Barwell, Gavin
Bebb, Guto
Beith, rh Sir Alan
Bellingham, Mr Henry
Benyon, Richard
Berry, Jake
Bingham, Andrew
Birtwistle, Gordon
Blackwood, Nicola
Blunt, Mr Crispin
Boles, Nick
Bone, Mr Peter
Bottomley, Sir Peter
Bradley, Karen
Brady, Mr Graham
Brake, rh Tom
Bray, Angie
Bridgen, Andrew
Brine, Steve
Brokenshire, James
Brooke, Annette
Browne, Mr Jeremy
Bruce, Fiona
Buckland, Mr Robert
Burley, Mr Aidan
Burns, Conor
Burrowes, Mr David
Burstow, rh Paul
Burt, Lorely
Byles, Dan
Cable, rh Vince
Cairns, Alun
Campbell, rh Sir Menzies
Carmichael, rh Mr Alistair
Carmichael, Neil
Carswell, Mr Douglas
Cash, Mr William
Chishti, Rehman
Clappison, Mr James
Clifton-Brown, Geoffrey
Coffey, Dr Thérèse
Collins, Damian
Colvile, Oliver
Crabb, Stephen
Crockart, Mike
Crouch, Tracey
Davey, rh Mr Edward
Davies, David T. C.
(Monmouth)
Davies, Glyn
Davies, Philip
Davis, rh Mr David
de Bois, Nick
Dinenage, Caroline
Djanogly, Mr Jonathan
Dorrell, rh Mr Stephen
Dorries, Nadine
Doyle-Price, Jackie
Duddridge, James
Duncan Smith, rh Mr Iain
Dunne, Mr Philip
Ellis, Michael
Ellison, Jane
Ellwood, Mr Tobias
Elphicke, Charlie
Evans, Graham
Evans, Jonathan
Evennett, Mr David
Fabricant, Michael
Fallon, rh Michael
Farron, Tim
Field, Mark
Foster, rh Mr Don
Fox, rh Dr Liam
Francois, rh Mr Mark
Freeman, George
Freer, Mike
Fullbrook, Lorraine
Fuller, Richard
Garnier, Sir Edward
Garnier, Mark
Gauke, Mr David
Gibb, Mr Nick
Gilbert, Stephen
Gillan, rh Mrs Cheryl
Glen, John
Goldsmith, Zac
Goodwill, Mr Robert
Gove, rh Michael
Grant, Mrs Helen
Gray, Mr James
Grayling, rh Chris
Green, rh Damian
Greening, rh Justine
Grieve, rh Mr Dominic
Griffiths, Andrew
Gummer, Ben
Gyimah, Mr Sam
Halfon, Robert
Hames, Duncan
Hancock, Matthew
Hancock, Mr Mike
Hands, Greg
Harrington, Richard
Harris, Rebecca
Hart, Simon
Harvey, Sir Nick
Haselhurst, rh Sir Alan
Hayes, rh Mr John
Heald, Oliver
Heath, Mr David
Heaton-Harris, Chris
Hemming, John
Henderson, Gordon
Hinds, Damian
Hoban, Mr Mark
Hollingbery, George
Hollobone, Mr Philip
Holloway, Mr Adam
Hopkins, Kris
Horwood, Martin
Howarth, Sir Gerald
Howell, John
Hughes, rh Simon
Huppert, Dr Julian
Hurd, Mr Nick
Jackson, Mr Stewart
James, Margot
Javid, Sajid
Jenkin, Mr Bernard
Johnson, Gareth
Johnson, Joseph
Jones, Andrew
Jones, rh Mr David
Jones, Mr Marcus
Kawczynski, Daniel
Kelly, Chris
Kirby, Simon
Knight, rh Mr Greg
Kwarteng, Kwasi
Laing, Mrs Eleanor
Lamb, Norman
Lancaster, Mark
Lansley, rh Mr Andrew
Latham, Pauline
Leadsom, Andrea
Lee, Jessica
Lee, Dr Phillip
Lefroy, Jeremy
Leslie, Charlotte
Lewis, Brandon
Lewis, Dr Julian
Liddell-Grainger, Mr Ian
Lidington, rh Mr David
Lilley, rh Mr Peter
Lloyd, Stephen
Lopresti, Jack
Lord, Jonathan
Loughton, Tim
Lumley, Karen
Macleod, Mary
Main, Mrs Anne
Maude, rh Mr Francis
May, rh Mrs Theresa
Maynard, Paul
McCartney, Karl
McIntosh, Miss Anne
McLoughlin, rh Mr Patrick
McPartland, Stephen
McVey, Esther
Metcalfe, Stephen
Miller, rh Maria
Mills, Nigel
Milton, Anne
Mitchell, rh Mr Andrew
Moore, rh Michael
Mordaunt, Penny
Morris, Anne Marie
Morris, David
Morris, James
Mosley, Stephen
Mowat, David
Mulholland, Greg
Munt, Tessa
Murray, Sheryll
Murrison, Dr Andrew
Neill, Robert
Newmark, Mr Brooks
Newton, Sarah
Nokes, Caroline
Norman, Jesse
Nuttall, Mr David
O'Brien, Mr Stephen
Offord, Dr Matthew
Ollerenshaw, Eric
Opperman, Guy
Paice, rh Sir James
Parish, Neil
Patel, Priti
Paterson, rh Mr Owen
Pawsey, Mark
Penning, Mike
Penrose, John
Percy, Andrew
Phillips, Stephen
Poulter, Dr Daniel
Prisk, Mr Mark
Pugh, John
Raab, Mr Dominic
Randall, rh Mr John
Redwood, rh Mr John
Rees-Mogg, Jacob
Reid, Mr Alan
Robathan, rh Mr Andrew
Robertson, rh Hugh
Robertson, Mr Laurence
Rogerson, Dan
Rosindell, Andrew
Rudd, Amber
Ruffley, Mr David
Russell, Sir Bob
Rutley, David
Sanders, Mr Adrian
Sandys, Laura
Scott, Mr Lee
Selous, Andrew
Shapps, rh Grant
Sharma, Alok
Shelbrooke, Alec
Shepherd, Sir Richard
Simmonds, Mark
Simpson, Mr Keith
Skidmore, Chris
Smith, Miss Chloe
Smith, Henry
Smith, Julian
Smith, Sir Robert
Soames, rh Nicholas
Soubry, Anna
Spelman, rh Mrs Caroline
Spencer, Mr Mark
Stanley, rh Sir John
Stephenson, Andrew
Stevenson, John
Stewart, Bob
Stewart, Iain
Streeter, Mr Gary
Stride, Mel
Stunell, rh Andrew
Sturdy, Julian
Swales, Ian
Swayne, rh Mr Desmond
Swinson, Jo
Swire, rh Mr Hugo
Syms, Mr Robert
Thornton, Mike
Thurso, John
Timpson, Mr Edward
Tomlinson, Justin
Truss, Elizabeth
Turner, Mr Andrew
Uppal, Paul
Vaizey, Mr Edward
Vickers, Martin
Walker, Mr Robin
Wallace, Mr Ben
Walter, Mr Robert
Ward, Mr David
Weatherley, Mike
Webb, Steve
Wharton, James
Wheeler, Heather
White, Chris
Whittaker, Craig
Whittingdale, Mr John
Wiggin, Bill
Williams, Mr Mark
Williams, Roger
Williamson, Gavin
Willott, Jenny
Wilson, Mr Rob
Wollaston, Dr Sarah
Wright, Simon
Yeo, Mr Tim
Young, rh Sir George
Zahawi, Nadhim
Tellers for the Noes:
Mark Hunter
and
Nicky Morgan
Question accordingly negatived.
3 Jun 2013 : Column 1311
3 Jun 2013 : Column 1312
3 Jun 2013 : Column 1313
3 Jun 2013 : Column 1314
Review of certain provisions of Part 2
Amendment made: 66, page 50, line 23, at end insert—
‘( ) Chapter 8 (emissions performance standard).’.—(Michael Fallon.)
Nuclear regulations: offences
Amendments made: 108, page 56, line 33, after ‘with’ insert
‘, in England and Wales, a fine or, in Scotland or Northern Ireland,’.
3 Jun 2013 : Column 1315
Amendment 109, page 57, line 4, after ‘with’ insert ‘—
(i) in England and Wales, a fine (or a fine not exceeding an amount specified, which must not exceed level 4 on the standard scale), or
(ii) in Scotland or Northern Ireland,’.—(Michael Fallon.)
Civil liability for breach of nuclear regulations
Amendment made: 110, in page 57, line 16, leave out Clause 60.—(Michael Fallon.)
Inquiries
Amendment made: 111, page 61, line 29, leave out ‘a fine not exceeding’ and insert ‘—
(a) in England and Wales, a fine (or a fine not exceeding an amount specified, which must not exceed level 4 on the standard scale), or
(b) in Scotland or Northern Ireland, a fine not exceeding the amount specified, which must not exceed’.—(Michael Fallon.)
Power to obtain information
Amendment made: 112, page 67, line 40, after ‘to’ insert ‘—
(i) in England and Wales, a fine, or
(ii) in Scotland or Northern Ireland,’.—(Michael Fallon.)
HMRC power to seize articles etc to facilitate ONR and inspectors
Amendment made: 113, page 68, line 27, after ‘to’ insert ‘—
(i) in England and Wales, a fine, or
(ii) in Scotland or Northern Ireland,’.—(Michael Fallon.)
General duty of employees at work in relation to requirements imposed on others
Amendment made: 114, page 70, line 15, leave out
‘not exceeding the statutory maximum’
‘(in England and Wales) or a fine not exceeding the statutory maximum (in Scotland or Northern Ireland)’.—(Michael Fallon.)
Duty not to interfere with or misuse certain things provided under statutory requirements
Amendment made: 115, page 71, line 4, leave out ‘not exceeding £20,000’ and insert
‘(in England and Wales) or a fine not exceeding £20,000 (in Scotland or Northern Ireland)’.—(Michael Fallon.)
3 Jun 2013 : Column 1316
Duty not to charge employees for certain things
Amendment made: 116, page 71, line 20, after ‘to’ insert ‘—
(i) in England and Wales, a fine, or
(ii) in Scotland or Northern Ireland’.—(Michael Fallon.)
Offences relating to false information and deception
Amendment made: 117, page 72, line 17, leave out ‘not exceeding £20,000,’ and insert
‘(in England and Wales) or a fine not exceeding £20,000 (in Scotland or Northern Ireland),’.—(Michael Fallon.)
Minor and consequential amendments
Amendment made: 118, page 78, line 29, at end insert—
‘(3) The power in subsection (2) includes power to make modifications of—
(a) paragraphs 16 to 25B of Schedule 12 (amendments of the Nuclear Installations Act 1965), or
(b) the provisions of the Nuclear Installations Act 1965 that are amended by those paragraphs.
(4) The power conferred by virtue of subsection (3) is exercisable—
(a) before or after the date on which those paragraphs come into force, and
(b) only for the purpose of making provision corresponding to any amendments of the Nuclear Installations Act 1965 set out in an order made before that date (whether before or after this Act is passed) under section 76 of the Energy Act 2004 (amendments for giving effect to international obligations).’.—(Michael Fallon.)
Consequential provision
Amendment made: 67, page 91, line 14, at end insert—
(a) in section 4AA(7), for “sections 4AB and 4A” substitute “section 4A”;
(b) in section 7B(4), in paragraph (a) omit “, 4AB”;
(i) at the end of paragraph (b) omit “and”,
(ii) in paragraph (c) for “sections 4AB and” substitute “section”, and
(iii) at the end of paragraph (c) insert “; and
(d) in the performance of its duties under section114(1) and (2) of the Energy Act 2013.”;
(d) in section 28(5), in paragraph (a) omit “, 4AB”;
(e) in section 38(1A), omit “, 4AB”;
(ii) at the end of paragraph (c) insert “; and
(d) any statement for the time being designated as the strategy and policy statement for the purposes of Part 5 of the Energy Act 2013.”
(a) in section 3A(7), for “sections 3B and 3C” substitute “section 3C”;
3 Jun 2013 : Column 1317
(i) at the end of paragraph (b) omit “and”,
(ii) in paragraph (c) for “sections 3B and 3C” substitute “section 3C”, and
(iii) at the end of paragraph (c) insert “; and
(d) in the performance of its duties under section114(1) and (2) of the Energy Act 2013.”;
(c) in section 28(2A), omit “, 3B”;
(ii) at the end of paragraph (c) insert “; and
(d) any statement for the time being designated as the strategy and policy statement for the purposes of Part 5 of the Energy Act 2013.”’.—(Michael Fallon.)
Power to modify energy supply licences: domestic supply contracts
Amendments made: 119, page 91, line 30, leave out from beginning to end of line 35 and insert—
‘by making provision of any of the kinds specified in subsection (3).
(3) The kinds of provision mentioned in subsection (1) are—’
Amendment 120, page 91, line 36, after ‘(a)’ insert ‘provision’.
Amendment 121, page 91, line 38, leave out
‘for specifying a limit on’
and insert ‘provision for restricting’.
Amendment 122, page 92, line 1, leave out ‘about discretionary terms (and’ and insert
‘provision about discretionary terms (which’.
Amendment 123, page 92, line 4, after ‘(d)’ insert ‘provision’.
Amendment 124, page 92, line 5, leave out ‘including’ and insert ‘which may include’.
Amendment 125, page 92, line 11, leave out paragraph (e) and insert—
‘(e) provision for requiring a licence holder to change the domestic tariff on which it supplies gas or electricity to a domestic customer who is on a closed tariff by—
(i) switching to a different domestic tariff for the time being offered by the licence holder, unless the customer objects, or
(ii) offering the customer, or inviting the customer to switch to, a different domestic tariff for the time being offered by the licence holder.’.
Amendment 126, page 92, line 17, at end insert—
‘( ) Any limit imposed by virtue of subsection (3)(b) on the number of tariffs, or tariffs of any category, that a licence holder may adopt must be greater than the number of standard domestic tariffs, or (as the case may be) standard domestic tariffs of that category, that the licence holder is required to adopt.’.
Amendment 127, page 92, line 38, at end insert—
‘( ) may make provision for determining when a licence holder is, or is not, to be regarded as offering to supply gas or electricity on a particular tariff (or as offering other terms in connection with domestic supply contracts) for the purpose of a relevant provision;
( ) may make provision for supplies (or proposed supplies) of gas or electricity to be regarded as being on the same tariff or different tariffs for the purpose of a relevant provision;’.
Amendment 128, page 93, line 17, at end insert—
‘“closed tariff” means a domestic tariff on which a licence holder—
(a) supplies gas or electricity to customers under existing domestic supply contracts, but
3 Jun 2013 : Column 1318
(b) no longer offers to supply gas or electricity to customers who are not already on the tariff;’.
Amendment 129, page 93, line 25, leave out from ‘tariff”’ to end of line 26 and insert
‘means the set of principal terms of a domestic supply contract (or proposed domestic supply contract);’.
Amendment 130, page 93, line 41, leave out from ‘period’ to end of line 42 and insert
‘to be determined by the licence holder, but
(b) may not include any term setting the amount of a charge or rate or otherwise specifying how it is to be determined.’.
Amendment 131, page 93, line 45, leave out ‘and’ and insert—
‘( ) a domestic customer is on a particular domestic tariff if gas or electricity is supplied to the customer on that tariff, and’.
Amendment 132, page 93, line 47, at end insert
‘(and references to adopting a tariff include references to doing either or both of them).’.
Amendment 133, page 94, line 1, leave out from second ‘of’ to end of line 3 and insert
‘domestic supply contracts which are the principal terms of such contracts.’.—(Michael Fallon.)
Financial provisions
Amendments made: 68, page 102, line 25, after ‘3’ insert ‘of Part 2’.
Amendment 134, page 102, line 26, leave out ‘a person who is’. —(Michael Fallon.)
Extent
Amendment made: 136, page 103, line 19, leave out from ‘(a)’ to ‘to’ in line 20 and insert
‘paragraph 22 (amendment of section 24A of the Nuclear Installations Act 1965 as it has effect in England and Wales and Scotland) extends’.—(Michael Fallon.)
Commencement
Amendment made: 69, page 103, line 41, leave out ‘120(1) (repeals)’ and insert ‘120(1), (4) and (5)’.—(Michael Fallon.)
Investment Contracts
Amendments made: 71, page 107, line 25, leave out from ‘paragraph 3)’ to the end of line 29.
Amendment 72, page 108, line 15, leave out from ‘paragraph 3)’ to the end of line 19.—(Michael Fallon.)
Amendment proposed: 9, page 108, line 24, at end insert—
‘( ) For the purposes of paragraphs 1 and 2, information is “confidential information” only if it constitutes a trade secret.’. —(Tom Greatrex.)
Question put, That the amendment be made.
3 Jun 2013 : Column 1319
The House divided:
Ayes 227, Noes 304.
Division No. 15]
[
7.47 pm
AYES
Abbott, Ms Diane
Abrahams, Debbie
Ainsworth, rh Mr Bob
Alexander, rh Mr Douglas
Alexander, Heidi
Ali, Rushanara
Allen, Mr Graham
Ashworth, Jonathan
Austin, Ian
Bailey, Mr Adrian
Bain, Mr William
Balls, rh Ed
Banks, Gordon
Barron, rh Mr Kevin
Begg, Dame Anne
Benn, rh Hilary
Benton, Mr Joe
Berger, Luciana
Betts, Mr Clive
Blackman-Woods, Roberta
Blears, rh Hazel
Blomfield, Paul
Bradshaw, rh Mr Ben
Brennan, Kevin
Brown, Lyn
Brown, rh Mr Nicholas
Brown, Mr Russell
Bryant, Chris
Byrne, rh Mr Liam
Campbell, Mr Alan
Campbell, Mr Ronnie
Caton, Martin
Champion, Sarah
Chapman, Jenny
Clark, Katy
Clarke, rh Mr Tom
Clwyd, rh Ann
Coaker, Vernon
Coffey, Ann
Connarty, Michael
Cooper, Rosie
Cooper, rh Yvette
Corbyn, Jeremy
Crausby, Mr David
Creagh, Mary
Creasy, Stella
Cruddas, Jon
Cryer, John
Cunningham, Alex
Cunningham, Mr Jim
Cunningham, Sir Tony
Curran, Margaret
Danczuk, Simon
David, Wayne
Davidson, Mr Ian
Davies, Geraint
De Piero, Gloria
Denham, rh Mr John
Dobbin, Jim
Dobson, rh Frank
Docherty, Thomas
Donohoe, Mr Brian H.
Doran, Mr Frank
Doughty, Stephen
Dowd, Jim
Dromey, Jack
Dugher, Michael
Durkan, Mark
Eagle, Ms Angela
Eagle, Maria
Efford, Clive
Elliott, Julie
Ellman, Mrs Louise
Engel, Natascha
Esterson, Bill
Evans, Chris
Farrelly, Paul
Field, rh Mr Frank
Fitzpatrick, Jim
Flello, Robert
Flint, rh Caroline
Flynn, Paul
Francis, Dr Hywel
Gardiner, Barry
Gilmore, Sheila
Glass, Pat
Glindon, Mrs Mary
Godsiff, Mr Roger
Goggins, rh Paul
Goldsmith, Zac
Goodman, Helen
Greatrex, Tom
Green, Kate
Greenwood, Lilian
Griffith, Nia
Gwynne, Andrew
Hain, rh Mr Peter
Hamilton, Mr David
Hamilton, Fabian
Hanson, rh Mr David
Harman, rh Ms Harriet
Harris, Mr Tom
Havard, Mr Dai
Healey, rh John
Hepburn, Mr Stephen
Hillier, Meg
Hilling, Julie
Hodge, rh Margaret
Hodgson, Mrs Sharon
Hopkins, Kelvin
Howarth, rh Mr George
Hunt, Tristram
Irranca-Davies, Huw
Jackson, Glenda
Jamieson, Cathy
Jarvis, Dan
Johnson, Diana
Jones, Graham
Jones, Helen
Jones, Mr Kevan
Jones, Susan Elan
Kaufman, rh Sir Gerald
Keeley, Barbara
Kendall, Liz
Lammy, rh Mr David
Lavery, Ian
Lazarowicz, Mark
Leslie, Chris
Lewell-Buck, Emma
Lewis, Mr Ivan
Llwyd, rh Mr Elfyn
Lucas, Caroline
Lucas, Ian
Mactaggart, Fiona
Malhotra, Seema
Marsden, Mr Gordon
McCabe, Steve
McCann, Mr Michael
McCarthy, Kerry
McClymont, Gregg
McDonagh, Siobhain
McDonald, Andy
McFadden, rh Mr Pat
McGovern, Alison
McGovern, Jim
McGuire, rh Mrs Anne
McKechin, Ann
McKenzie, Mr Iain
McKinnell, Catherine
Meacher, rh Mr Michael
Meale, Sir Alan
Mearns, Ian
Miller, Andrew
Morden, Jessica
Morrice, Graeme
(Livingston)
Morris, Grahame M.
(Easington)
Mudie, Mr George
Munn, Meg
Murphy, rh Mr Jim
Murphy, rh Paul
Murray, Ian
Nandy, Lisa
Nash, Pamela
O'Donnell, Fiona
Onwurah, Chi
Osborne, Sandra
Owen, Albert
Pearce, Teresa
Perkins, Toby
Phillipson, Bridget
Pound, Stephen
Qureshi, Yasmin
Raynsford, rh Mr Nick
Reckless, Mark
Reed, Mr Jamie
Reynolds, Emma
Reynolds, Jonathan
Riordan, Mrs Linda
Robertson, Angus
Robertson, John
Robinson, Mr Geoffrey
Rotheram, Steve
Roy, Mr Frank
Roy, Lindsay
Ruane, Chris
Ruddock, rh Dame Joan
Sarwar, Anas
Sawford, Andy
Seabeck, Alison
Sharma, Mr Virendra
Sheerman, Mr Barry
Shuker, Gavin
Simpson, David
Skinner, Mr Dennis
Slaughter, Mr Andy
Smith, rh Mr Andrew
Smith, Nick
Smith, Owen
Spellar, rh Mr John
Straw, rh Mr Jack
Stringer, Graham
Stuart, Ms Gisela
Sutcliffe, Mr Gerry
Tami, Mark
Thornberry, Emily
Timms, rh Stephen
Trickett, Jon
Turner, Karl
Twigg, Derek
Twigg, Stephen
Vaz, rh Keith
Vaz, Valerie
Walley, Joan
Watson, Mr Tom
Watts, Mr Dave
Weir, Mr Mike
Whiteford, Dr Eilidh
Whitehead, Dr Alan
Williamson, Chris
Wilson, Phil
Winnick, Mr David
Winterton, rh Ms Rosie
Wishart, Pete
Wood, Mike
Woodcock, John
Wright, David
Wright, Mr Iain
Tellers for the Ayes:
Tom Blenkinsop
and
Nic Dakin
NOES
Adams, Nigel
Afriyie, Adam
Aldous, Peter
Amess, Mr David
Andrew, Stuart
Arbuthnot, rh Mr James
Bacon, Mr Richard
Baker, Norman
Baker, Steve
Baldry, Sir Tony
Baldwin, Harriett
Barclay, Stephen
Barker, rh Gregory
Baron, Mr John
Barwell, Gavin
Bebb, Guto
Beith, rh Sir Alan
Bellingham, Mr Henry
Benyon, Richard
Berry, Jake
Bingham, Andrew
Binley, Mr Brian
Birtwistle, Gordon
Blackwood, Nicola
Blunt, Mr Crispin
Boles, Nick
Bone, Mr Peter
Bottomley, Sir Peter
Bradley, Karen
Brady, Mr Graham
Brake, rh Tom
Bray, Angie
Bridgen, Andrew
Brine, Steve
Brokenshire, James
Brooke, Annette
Browne, Mr Jeremy
Bruce, Fiona
Bruce, rh Sir Malcolm
Buckland, Mr Robert
Burley, Mr Aidan
Burns, Conor
Burrowes, Mr David
Burstow, rh Paul
Burt, Lorely
Byles, Dan
Cairns, Alun
Campbell, rh Sir Menzies
Carmichael, rh Mr Alistair
Carmichael, Neil
Carswell, Mr Douglas
Cash, Mr William
Chishti, Rehman
Clappison, Mr James
Clifton-Brown, Geoffrey
Coffey, Dr Thérèse
Collins, Damian
Colvile, Oliver
Cox, Mr Geoffrey
Crabb, Stephen
Crockart, Mike
Crouch, Tracey
Davey, rh Mr Edward
Davies, David T. C.
(Monmouth)
Davies, Glyn
Davies, Philip
Davis, rh Mr David
de Bois, Nick
Dinenage, Caroline
Djanogly, Mr Jonathan
Dorrell, rh Mr Stephen
Dorries, Nadine
Doyle-Price, Jackie
Duddridge, James
Duncan Smith, rh Mr Iain
Dunne, Mr Philip
Ellis, Michael
Ellison, Jane
Ellwood, Mr Tobias
Elphicke, Charlie
Evans, Graham
Evans, Jonathan
Evennett, Mr David
Fabricant, Michael
Fallon, rh Michael
Farron, Tim
Field, Mark
Foster, rh Mr Don
Fox, rh Dr Liam
Francois, rh Mr Mark
Freeman, George
Freer, Mike
Fullbrook, Lorraine
Fuller, Richard
Garnier, Sir Edward
Garnier, Mark
Gauke, Mr David
Gibb, Mr Nick
Gilbert, Stephen
Gillan, rh Mrs Cheryl
Glen, John
Goodwill, Mr Robert
Gove, rh Michael
Grant, Mrs Helen
Gray, Mr James
Grayling, rh Chris
Green, rh Damian
Greening, rh Justine
Grieve, rh Mr Dominic
Griffiths, Andrew
Gummer, Ben
Gyimah, Mr Sam
Halfon, Robert
Hames, Duncan
Hancock, Matthew
Hancock, Mr Mike
Hands, Greg
Harrington, Richard
Harris, Rebecca
Hart, Simon
Harvey, Sir Nick
Haselhurst, rh Sir Alan
Hayes, rh Mr John
Heald, Oliver
Heath, Mr David
Heaton-Harris, Chris
Hemming, John
Henderson, Gordon
Hinds, Damian
Hoban, Mr Mark
Hollingbery, George
Hollobone, Mr Philip
Holloway, Mr Adam
Hopkins, Kris
Horwood, Martin
Howarth, Sir Gerald
Howell, John
Hughes, rh Simon
Huppert, Dr Julian
Hurd, Mr Nick
Jackson, Mr Stewart
James, Margot
Javid, Sajid
Jenkin, Mr Bernard
Johnson, Gareth
Johnson, Joseph
Jones, Andrew
Jones, rh Mr David
Jones, Mr Marcus
Kawczynski, Daniel
Kelly, Chris
Kirby, Simon
Knight, rh Mr Greg
Kwarteng, Kwasi
Laing, Mrs Eleanor
Lamb, Norman
Lancaster, Mark
Lansley, rh Mr Andrew
Latham, Pauline
Laws, rh Mr David
Leadsom, Andrea
Lee, Jessica
Lee, Dr Phillip
Lefroy, Jeremy
Leslie, Charlotte
Lewis, Brandon
Lewis, Dr Julian
Liddell-Grainger, Mr Ian
Lidington, rh Mr David
Lilley, rh Mr Peter
Lloyd, Stephen
Lopresti, Jack
Lord, Jonathan
Loughton, Tim
Lumley, Karen
Macleod, Mary
Main, Mrs Anne
Maude, rh Mr Francis
May, rh Mrs Theresa
Maynard, Paul
McCartney, Karl
McIntosh, Miss Anne
McLoughlin, rh Mr Patrick
McPartland, Stephen
McVey, Esther
Metcalfe, Stephen
Miller, rh Maria
Mills, Nigel
Milton, Anne
Mitchell, rh Mr Andrew
Moore, rh Michael
Mordaunt, Penny
Morris, Anne Marie
Morris, David
Morris, James
Mosley, Stephen
Mowat, David
Mulholland, Greg
Munt, Tessa
Murray, Sheryll
Murrison, Dr Andrew
Neill, Robert
Newmark, Mr Brooks
Newton, Sarah
Nokes, Caroline
Norman, Jesse
Nuttall, Mr David
O'Brien, Mr Stephen
Offord, Dr Matthew
Ollerenshaw, Eric
Opperman, Guy
Paice, rh Sir James
Parish, Neil
Patel, Priti
Paterson, rh Mr Owen
Pawsey, Mark
Penning, Mike
Penrose, John
Percy, Andrew
Phillips, Stephen
Poulter, Dr Daniel
Prisk, Mr Mark
Pugh, John
Raab, Mr Dominic
Randall, rh Mr John
Redwood, rh Mr John
Rees-Mogg, Jacob
Reid, Mr Alan
Robathan, rh Mr Andrew
Robertson, rh Hugh
Robertson, Mr Laurence
Rogerson, Dan
Rosindell, Andrew
Rudd, Amber
Ruffley, Mr David
Russell, Sir Bob
Rutley, David
Sanders, Mr Adrian
Sandys, Laura
Scott, Mr Lee
Selous, Andrew
Shapps, rh Grant
Sharma, Alok
Shelbrooke, Alec
Shepherd, Sir Richard
Simmonds, Mark
Simpson, Mr Keith
Skidmore, Chris
Smith, Miss Chloe
Smith, Henry
Smith, Julian
Smith, Sir Robert
Soames, rh Nicholas
Soubry, Anna
Spelman, rh Mrs Caroline
Spencer, Mr Mark
Stanley, rh Sir John
Stephenson, Andrew
Stevenson, John
Stewart, Bob
Stewart, Iain
Streeter, Mr Gary
Stride, Mel
Stunell, rh Andrew
Sturdy, Julian
Swales, Ian
Swayne, rh Mr Desmond
Swinson, Jo
Swire, rh Mr Hugo
Syms, Mr Robert
Thornton, Mike
Thurso, John
Timpson, Mr Edward
Tomlinson, Justin
Truss, Elizabeth
Turner, Mr Andrew
Uppal, Paul
Vaizey, Mr Edward
Vickers, Martin
Walker, Mr Robin
Wallace, Mr Ben
Walter, Mr Robert
Ward, Mr David
Weatherley, Mike
Webb, Steve
Wharton, James
Wheeler, Heather
White, Chris
Whittaker, Craig
Whittingdale, Mr John
Wiggin, Bill
Williams, Mr Mark
Williams, Roger
Williams, Stephen
Williamson, Gavin
Willott, Jenny
Wilson, Mr Rob
Wollaston, Dr Sarah
Wright, Simon
Yeo, Mr Tim
Young, rh Sir George
Zahawi, Nadhim
Tellers for the Noes:
Mark Hunter
and
Nicky Morgan
Question accordingly negatived.
3 Jun 2013 : Column 1320
3 Jun 2013 : Column 1321
3 Jun 2013 : Column 1322
Amendments made: 73, page 109, line 24, leave out ‘may be designated’ and insert ‘is eligible’.
Amendment 74, page 109, line 29, at beginning insert
‘The Secretary of State may exercise the power to designate so that’.
Amendment 75, page 109, line 29, leave out ‘may have’ and insert ‘has’.
3 Jun 2013 : Column 1323
Amendment 76, page 109, line 29, at end insert
‘, but only if the Secretary of State considers it necessary for the purpose of ensuring that—
(a) liabilities under an investment contract are met,
(b) arrangements entered into for purposes connected to an investment contract continue to operate, or
(c) directions given to an investment contract counterparty continue to have effect.’.
Amendment 77, page 109, line 34, leave out ‘28 days’’ and insert ‘3 months’’.
Amendment 78, page 109, line 37, leave out ‘obligations’ and insert ‘liabilities’.
Amendment 79, page 110, line 38, at end insert—
‘(3A) In sub-paragraph (3)(a) “costs” means costs in connection with the performance of any function conferred by or by virtue of this Schedule.’.
Amendment 80, page 111, line 27, at end insert—
‘(9) The Secretary of State, an investment contract counterparty or a CFD counterparty may recover from an electricity supplier, as a civil debt due, any sum which—
(a) the electricity supplier is required by virtue of regulations to pay to the Secretary of State, the investment contract counterparty or the CFD counterparty (as the case may be), and
(b) has not been paid by the date on which it is required by virtue of regulations to be paid.’.
Amendment 81, page 111, line 31, at end insert—
‘(2) Provision made by virtue of this paragraph may—
(a) include provision for the person by whom sums are owed to calculate or determine, in accordance with such criteria as may be provided for by or under the regulations, amounts which are owed;
(b) provide for anything which is to be calculated or determined under the regulations to be calculated or determined by such persons, in accordance with such procedure and by reference to such matters and to the opinion of such persons, as may be specified in the regulations.’.
Amendment 82, page 111, line 43, leave out ‘obligations’ and insert ‘liabilities’.
Amendment 83, page 112, line 2, leave out ‘obligations’ and insert ‘liabilities’.
Amendment 84, page 112, line 3, at end insert—
‘(2A) In making provision by virtue of sub-paragraph (1) the Secretary of State must have regard to the principle that sums should be apportioned in proportion to the amounts which are owed.’.
Amendment 85, page 114, line 11, at end insert—
‘(1A) An investment contract counterparty and a CFD counterparty must exercise the functions conferred by or by virtue of this Schedule to ensure that it can meet its liabilities under any investment contract to which it is a party.’.
Amendment 86, page 114, line 30, at end insert—
‘(4) Regulations must include such provision as the Secretary of State considers necessary to ensure that an investment contract counterparty or a CFD counterparty can meet its liabilities under any investment contract to which it is a party.’.
Amendment 87, page 115, line 5, after ‘property,’ insert ‘or designated’.
Amendment 88, page 115, line 16, leave out
‘, to any extent considered appropriate by the Secretary of State,’.
Amendment 89, page 115, line 17, after ‘treated’ insert ‘to any extent’.
Amendment 90, page 115, line 18, at end insert—
3 Jun 2013 : Column 1324
‘(2A) Sub-paragraph (2B) applies from the beginning of the first day on which all of the following three conditions are met, namely—
(a) a definition of an “eligible generator” is in force by virtue of section 10(3) or the date is 1st January 2016 or later;
(b) a designation under section 7(1) has effect;
(c) provision required by section 9(1) to be made is in force.
(2B) The Secretary of State must in respect of each investment contract, within such period of time as the Secretary of State considers reasonable—
(a) make a transfer scheme by virtue of sub-paragraph (1)(a) or (c) to ensure the transfer of all rights and liabilities under the investment contract, and
(b) make provision under sub-paragraph (2) for the investment contract to be treated as a CFD for the purposes of all provision made by or by virtue of Chapter 2 of Part 2 of this Act.
(2C) But sub-paragraph (2B) does not apply to the extent that the Secretary of State considers it appropriate in all the circumstances of the case to disapply it.’.—(Michael Fallon.)
Inspectors
Amendments made: 137, page 139, line 5, leave out ‘not exceeding £20,000,’ and insert
‘(in England and Wales) or a fine not exceeding £20,000 (in Scotland or Northern Ireland),’.
Amendment 138, page 143, line 34, leave out ‘not exceeding £20,000,’ and insert
‘(in England and Wales) or a fine not exceeding £20,000 (in Scotland or Northern Ireland),’.
Amendment 139, page 144, line 5, after ‘to’ insert
‘—in England and Wales, a fine, or in Scotland or Northern Ireland’.
(i) in England and Wales, a fine, or
(ii) in Scotland or Northern Ireland’.
Amendment 140, page 144, line 13, after ‘to’ insert ‘—
(a) in England and Wales, a fine, or
(b) in Scotland or Northern Ireland,’.—(Michael Fallon.)
Disclosure of information
Amendments made: 141, page 147, line 29, leave out
‘not exceeding the statutory maximum’
‘(in England and Wales) or a fine not exceeding the statutory maximum (in Scotland or Northern Ireland)’.
Amendment 91, page 149, line 9, at end insert—
( ) the Natural Resources Body for Wales;’.—(Michael Fallon.)
Provisions relating to offences
Amendment made: 142, page 157, line 42, leave out ‘not exceeding £20,000,’ and insert
‘(in England and Wales) or a fine not exceeding £20,000 (in Scotland or Northern Ireland),’.—(Michael Fallon.)
3 Jun 2013 : Column 1325
Minor and consequential amendments relating to Part 3
Amendments made: 143, page 168, line 17, leave out from beginning to end of line 12 on page 171 and insert—
16 For section 1 substitute—
“1 Restriction of certain nuclear installations to licensed sites
(1) No person may use a site for the purpose of installing or operating—
(a) any nuclear reactor (other than a nuclear reactor comprised in a means of transport, whether by land, water or air), or
(b) any other installation of a prescribed kind,
unless a licence to do so has been granted in respect of the site by the appropriate national authority and is in force.
(2) Such a licence is referred to in this Act as a “nuclear site licence”.
(3) The only kinds of installation that may be prescribed under subsection (1)(b) are installations (other than nuclear reactors) designed or adapted for—
(a) producing or using atomic energy,
(i) is preparatory or ancillary to producing or using atomic energy, and
(ii) involves, or is capable of causing, the emission of ionising radiations, or
(c) storing, processing or disposing of—
(ii) bulk quantities of other radioactive matter which has been produced or irradiated in the course of the production or use of nuclear fuel.
(4) Regulations under subsection (1)(b) may make provision for exempting an installation from subsection (1).
(5) Regulations made by virtue of subsection (4)—
(a) may provide for any exemption to be conditional;
(b) may not result in an installation being exempt from subsection (1) unless the Secretary of State is satisfied that it is not a relevant installation (or, in the case of a conditional exemption, would not be a relevant installation if the prescribed conditions were satisfied).
(6) Before exercising any function under subsection (1)(b), (4) or (5) in or as regards Scotland, the Secretary of State must consult the Scottish Ministers.
(7) Any person who contravenes subsection (1) is guilty of an offence.
(8) A person convicted of an offence under subsection (7) in England and Wales or Scotland is liable—
(a) on conviction on indictment to imprisonment for a term not exceeding 2 years, or a fine, or both;
(b) on summary conviction to imprisonment for a term not exceeding 12 months, or a fine (in England and Wales) or a fine not exceeding £20,000 (in Scotland), or both.
(9) A person convicted of an offence under subsection (7) in Northern Ireland is liable—
(a) on conviction on indictment to imprisonment for a term not exceeding 5 years, or a fine, or both;
(b) on summary conviction to imprisonment for a term not exceeding 3 months, or a fine not exceeding the prescribed sum, or both.
(10) In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (general limit on magistrates’ court’s power to imprison), the reference to 12 months in subsection (8)(b), as it has effect in England and Wales, is to be read as a reference to 6 months.
3 Jun 2013 : Column 1326
(11) Subsection (1) is subject to section 47 of the Energy Act 2008 (prohibition in England and Wales and Northern Ireland on use of site in absence of approved funded decommissioning programme).”
17 For section 3 substitute—
“3 Grant and variation of nuclear site licences
(a) may be granted only to a body corporate;
(2) The appropriate national authority must consult the appropriate environment authority before granting a nuclear site licence.
(3) Two or more installations in the vicinity of one another may, if the appropriate national authority consider appropriate, be treated for the purposes of the grant of a nuclear site licence as being on the same site.
(4) Subject to subsection (8), where an application is made for a nuclear site licence, the appropriate national authority may direct the applicant to serve a notice on any public authority specified in the direction.
(5) For this purpose “public authority” includes—
(a) in relation to a site in England or Wales, a water undertaker;
(b) in relation to a site in Scotland, Scottish Water;
(c) in relation to a site in Northern Ireland, a water undertaker (within the meaning of the Water and Sewerage Services) (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)).
(a) state that the application has been made,
(b) give such particulars about the proposed use of the site under the licence as may be specified in the direction, and
(c) state that the body on whom it is served may make representations about the application to the appropriate national authority within three months of the date of service.
(7) Where a direction has been given under subsection (4), the appropriate national authority may not grant the licence unless it is satisfied that—
(a) three months have passed since the service of the last of the notices required by the direction, and
(b) the authority has considered any representations made in accordance with any of those notices.
(8) Subsection (4) does not apply in relation to an application in respect of a site for a generating station where—
(a) a consent under section 36 of the Electricity Act 1989 is required for the operation of the station (or would be required but for an order under the Planning Act 2008 granting development consent for the site), or
(b) a consent under Article 39 of the Electricity (Northern Ireland) Order 1992 is required for the operation of the station.
(9) A nuclear site licence may include provision about when section 19(1) is to start to apply in relation to the licensed site.
(10) But, if the licence relates to a site in England, Wales or Scotland, such a provision may be included only with the consent of the Secretary of State.
(11) Where a nuclear site licence includes such a provision, section 19(1) does not apply in relation to the site until—
(a) the time determined in accordance with the provision, or
(b) if earlier, the time when the site is first used for the operation of a nuclear installation after the grant of the licence.
(12) The appropriate national authority may from time to time vary a nuclear site licence by excluding from it any part of the licensed site—
3 Jun 2013 : Column 1327
(a) which the licensee no longer needs for any use requiring such a licence, and
(b) with respect to which the appropriate national authority is satisfied that there is no danger from ionising radiations from anything on that part of the site.
(13) The appropriate national authority must consult the appropriate environment authority before varying a nuclear site licence if the variation relates to or affects the creation, accumulation or disposal of radioactive waste.
(14) In subsection (13), “radioactive waste”—
(a) in relation to a site in England or Wales, has the same meaning as in the Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675);
(b) in relation to a site in Scotland or Northern Ireland, has the same meaning as in the Radioactive Substances Act 1993.”
18 For section 4 substitute—
“4 Attachment of conditions to licences
(1) The appropriate national authority—
(a) must, when it grants a nuclear site licence, attach to it such conditions as the authority considers necessary or desirable in the interests of safety, and
(b) may attach such conditions to it at any other time.
(2) For the purposes of subsection (1), “safety” in relation to a nuclear site includes—
(a) safety in normal circumstances, and
(b) safety in the event of any accident or other emergency on the site.
(3) Conditions that may be attached to a licence by virtue of subsection (1) may in particular include provision—
(a) for securing that an efficient system is maintained for detecting and recording the presence and intensity of any ionising radiations from time to time emitted from anything on the site or from anything discharged on or from the site;
(b) with respect to the design, siting, construction, installation, operation, modification and maintenance of any plant or other installation on, or to be installed on, the site;
(c) with respect to preparations for dealing with, and measures to be taken on the happening of, any accident or other emergency on the site;
(d) without prejudice to sections 13 and 16 of the Radioactive Substances Act 1993 or to the Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), with respect to the discharge of any substance on or from the site.
(4) The appropriate national authority may at any time attach to a nuclear site licence such conditions as the appropriate national authority may consider appropriate with respect to the handling, treatment and disposal of nuclear matter.
(5) The appropriate national authority may at any time vary or revoke any condition for the time being attached to a nuclear site licence by virtue of this section.
(6) The appropriate national authority must consult the appropriate environment authority before—
(a) attaching any condition to a nuclear site licence, or
(b) varying or revoking any condition attached to a nuclear site licence,
if the condition relates to or affects the creation, accumulation or disposal of radioactive waste.
(7) In subsection (6) “radioactive waste”—
(a) in relation to a site in England or Wales, has the same meaning as in the Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675);
3 Jun 2013 : Column 1328
(b) in relation to a site in Scotland or Northern Ireland, has the same meaning as in the Radioactive Substances Act 1993.
(8) Any power under this section to attach, vary or revoke a condition is exercisable in writing.
(9) The appropriate national authority must consider any representation which is—
(a) made to it by an organisation representing persons who have duties on a site in respect of which a nuclear site licence is in force, and
(b) relates to the exercise by the authority of any of its powers under this section in relation to the site.
(10) Where a condition attached to a nuclear site licence by virtue of this section is contravened, each of the following is guilty of an offence—
(b) any person having duties upon the site in question who committed the contravention.
(11) A person convicted of an offence under subsection (10) in England and Wales or Scotland is liable—
(a) on conviction on indictment to imprisonment for a term not exceeding 2 years, or a fine, or both;
(b) on summary conviction to imprisonment for a term not exceeding 12 months, or a fine (in England and Wales) or a fine not exceeding £20,000 (in Scotland), or both.
(12) A person convicted of an offence under subsection (10) in Northern Ireland is liable—
(a) on conviction on indictment to imprisonment for a term not exceeding 5 years, or a fine, or both;
(b) on summary conviction to imprisonment for a term not exceeding 3 months, or a fine not exceeding the prescribed sum, or both.
(13) In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (general limit on magistrates’ court’s power to imprison) the reference to 12 months in subsection (11)(b), as it has effect in England and Wales, is to be read as a reference to 6 months.”
19 For section 5 substitute—
“5 Revocation and surrender of licences
(1) A nuclear site licence may at any time be—
(a) revoked by the appropriate national authority, or
(b) surrendered by the licensee.
(2) The appropriate national authority must consult the appropriate environment authority before revoking a nuclear site licence.
(3) Subsections (4) to (6) apply where a nuclear site licence has been revoked or surrendered.
(4) If the appropriate national authority requires it to do so, the licensee must deliver up or account for the licence to such person as the appropriate national authority may direct.
(5) During the remainder of the period of the licensee’s responsibility the appropriate national authority may give the licensee such directions as the authority may consider appropriate for preventing, or giving warning of, any risk of—
by ionising radiations from anything remaining on the site.
(6) A nuclear safety inspector may direct the licensee to ensure that, during the remainder of the period of responsibility, notices indicating the limits of the site are kept posted on the site in the positions specified in the direction.
(7) For this purpose, “nuclear safety inspector” means an inspector appointed—
(a) by the ONR under Schedule 8 to the Energy Act 2013, in the case of a site in England, Wales or Scotland, or
(b) under section 24, in the case of a site in Northern Ireland.
3 Jun 2013 : Column 1329
(8) A licensee who contravenes any direction for the time being in force under subsection (5) or (6) is guilty of an offence.
(9) A person who without reasonable cause pulls down, injures or defaces any notice posted under subsection (6) is guilty of an offence.
(10) A person convicted of an offence under subsection (8) in England and Wales or Scotland is liable—
(a) on conviction on indictment to imprisonment for a term not exceeding 2 years, or a fine, or both;
(b) on summary conviction to imprisonment for a term not exceeding 12 months, or a fine (in England and Wales) or a fine not exceeding £20,000 (in Scotland), or both.
(11) A person convicted of an offence under subsection (8) in Northern Ireland is liable—
(a) on conviction on indictment, to imprisonment for a term not exceeding 12 months, or a fine, or both;
(b) on summary conviction, to imprisonment for a term not exceeding 3 months, or a fine not exceeding the prescribed sum, or both.
(12) A person convicted of an offence under subsection (9) is liable on summary conviction—
(a) in England and Wales or Scotland, to a fine not exceeding level 2 on the standard scale;
(b) in Northern Ireland, to a fine not exceeding level 1 on the standard scale.
(13) In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (general limit on magistrates’ court’s power to imprison), the reference to 12 months in subsection (10)(b), as it has effect in England and Wales, is to be read as a reference to 6 months.
(14) In this Act, “period of responsibility” in relation to the licensee under a nuclear site licence means, as respects the site in question or any part of it, the period—
(a) beginning with the grant of the licence, and
(b) ending with whichever of the dates in subsection (15) is the earliest,
except that it does not include any period during which section 19(1) does not apply in relation to the site.
(a) the date when the appropriate national authority gives notice in writing to the licensee that in the authority’s opinion there has ceased to be any danger from ionising radiations from anything on the site or, as the case may be, on the part of it in question;
(b) the date when a new nuclear site licence in respect of a site comprising the site in question or, as the case may be, that part of it, is granted (whether to the same licensee or to some other person);
(c) the date when the following conditions have both become satisfied—
(i) the site in question or, as the case may be, that part of it is used or occupied by or on behalf of the Crown, and
(ii) a nuclear site licence has ceased to be required in respect of that site or part.”
20 For section 6 substitute—
“6 Maintenance of list of licensed sites
(1) The appropriate authority must maintain a list showing every site in respect of which a nuclear site licence has been granted.
(a) need not show any site or part of a site in the case of which—
(i) no nuclear site licence is for the time being in force; and
(ii) 30 years have passed since the end of the last licensee’s period of responsibility;
(b) must include a map or maps showing the position and limits of each site shown in the list.