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Lord Triesman moved Amendment No. 191F:



"ISSUE OF GREEN CERTIFICATES IN NORTHERN IRELAND
(1) Article 54 of the Energy (Northern Ireland) Order 2003 (S.I. 2003/419 (N.I. 6)) (which contains provision corresponding to provision contained in section 32B of the 1989 Act) is amended as follows.
(2) After paragraph (2) insert—
"(2A) In paragraphs (1) and (2) 'Northern Ireland' does not include any part of the territorial sea of the United Kingdom.

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(2B) The provision that may be contained by virtue of this Article in an order under Article 52 includes—
(a) provision for the person to whom a certificate is to be issued to be determined either before or after the supply of the electricity to which it relates; and
(b) provision for a determination as to the person to whom a certificate is to be issued to be made in accordance with such arrangements as may be specified in or determined under the order.
(2C) In the case only of a certificate relating to electricity that has been acquired, or is required to be acquired, under a qualifying arrangement, the arrangements within paragraph (2B)(b) that may be specified in or determined under the order include arrangements—
(a) requiring the determination of the person to whom the certificate is to be issued to be made by reference to financial bids made in respect of the certificate or in respect of both the certificate and the electricity to which it relates; and
(b) requiring that person to make a payment, in accordance with his bid, to such person as may be specified in or determined under the order.
(2D) In the case only of a certificate relating to electricity that has been acquired, or is required to be acquired, under a qualifying arrangement, provision falling within paragraph (2B)(b) may require the relevant person—
(a) to make and implement the arrangements that are specified in or determined under the order; and
(b) to comply with directions given to him by the Authority for that purpose.
(2E) A person who receives a payment in accordance with provision made by virtue of paragraph (2C)(b) shall apply the money received in such manner as the Department may direct.
(2F) A direction under paragraph (2E) may require that the money received or part of that money be paid to the Department.
(2G) Part VI shall apply in relation to a requirement imposed by virtue of paragraph (2D) or (2E) on a person who is not an electricity licence holder as if he were an electricity licence holder."
(3) After paragraph (3) insert—
"(4) An order under Article 52 may confer on the Authority functions in Northern Ireland in relation to the issue of Great Britain certificates.
(5) In this Article—
'Great Britain certificates' means certificates that are or may be issued by the Gas and Electricity Markets Authority in accordance with provision included, by virtue of section 32B of the Electricity Act 1989, in an order under section 32 of that Act;
'qualifying arrangement' means an arrangement made pursuant to an order under Article 35 of the Electricity Order (or such an arrangement as modified or replaced by virtue of an order under Article 57 of this Order);
'relevant person' means, in relation to electricity that is acquired, or is required to be acquired, under a qualifying arrangement, the person who acquired it, or who is required to acquire it."
(4) The requirements of Article 52(6) of that Order (consultation before making an order) may be satisfied in the case of an order containing provision made by virtue of this section by consultation that took place wholly or partly before the commencement of this section.

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(5) This section extends to Northern Ireland only."

On Question, amendment agreed to.

Clause 109 [GEMA's power to act on behalf of Northern Ireland regulator]:

Lord Triesman moved Amendments Nos. 191G and 191H:


    Page 89, line 37, after "GEMA" insert "and the Northern Ireland Authority for Energy Regulation ("the Northern Ireland Authority")"


    Page 89, line 38, leave out from "arrangements" to second "for" in line 39 and insert "for GEMA to act on behalf of the Northern Ireland Authority"

On Question, amendments agreed to.

Lord Triesman moved Amendment No. 191J:


    Page 89, line 40, leave out "OFREG's" and insert "the 2003"

The noble Lord said: My Lords, this is a small amendment, as noble Lords may be delighted to know, which deletes the reference in subsection (2) of Clause 109 to Ofreg and replaces it with a reference to the Northern Ireland Authority. The result of this amendment is that subsection (2) of Clause 109 defines,


    "the 2003 renewables obligations functions",

as being those functions conferred on the Northern Ireland Authority under or for the purposes of Articles 52 to 55 of the Energy (Northern Ireland) Order 2003. This brings consistency of language to this part of the Bill, with the relevant Northern Ireland legislation. It is desirable to have clarity and consistency, and it is on that basis that I commend the amendment. I beg to move.

On Question, amendment agreed to.

Lord Triesman moved Amendment No. 191K:


    Page 90, line 1, leave out "OFREG's" and insert "the 2003"

On Question, amendment agreed to.

Lord Triesman moved Amendment No. 191L:


    Page 90, line 2, leave out "OFREG" and insert "the Northern Ireland Authority"

The noble Lord said: My Lords, the speed has almost caught me out. I have turned past the amendment; forgive me. I think that we have covered the amendment.

The Deputy Speaker (Lord Brougham and Vaux): My Lords, it stands on its own.

Lord Triesman: My Lords, I apologise. It is also a textual amendment that inserts "the Northern Ireland Authority" to replace "OFREG". Whether or not it stands on its own, it has exactly the same impact as previous amendments. I beg to move.

On Question, amendment agreed to.

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Lord Triesman moved Amendment No. 191M:


    After Clause 109, insert the following new clause—


"CONSULTATION IN RELATION TO NORTHERN IRELAND RENEWABLES ORDERS
(1) This section applies where the Department of Enterprise, Trade and Investment in Northern Ireland amends the provisions of Part 7 of the 2003 Order (renewables obligations for Northern Ireland suppliers) by way of an amending order to take account of amendments of the 1989 Act made by this Chapter.
(2) In the case of a renewables order containing provision made by virtue of the amending order, the requirements of Article 52(6) of the 2003 Order (consultation before making a renewables order) may be satisfied by consultation that took place wholly or partly before the amending order came into force (including consultation taking place before the commencement of this section).
(3) In this section—
"amending order" means an order under Article 56 of the 2003 Order;
"the 2003 Order" means the Energy (Northern Ireland) Order 2003 (S.I. 2003/419 (N.I. 6));
"renewables order" means an order under Article 52 of the 2003 Order.
(4) This section extends to Northern Ireland only."

The noble Lord said: My Lords, I shall speak to Amendments Nos. 191M and 191N. The first relates to the timing of consultations on a renewables obligation order for Northern Ireland, allowing the DETI to consult on the detail as soon as possible and, if necessary, before it has made the amending order that it needs to make to reflect the changes introduced to the Electricity Act by the Bill. The new clause extends to Northern Ireland only.

The second amendment, Amendment No. 191N, allows the DETI to modify energy licence conditions in relation to amendments made to the energy order. Its principal purpose is to ensure that some or all the proceeds of the sales of the Northern Ireland NFFO NIROCs can, if appropriate, be used to offset the cost of the Northern Ireland NFFO to Northern Ireland consumers. That is already the case in relation to funds from the sales of the Northern Ireland NFFO electricity itself. That power will be able to be used for funds that have not been directed to other renewable uses by the DETI.

The amendments are useful and will ease the implementation and administration of renewable energy policy in Northern Ireland. I beg to move.

On Question, amendment agreed to.

Lord Triesman moved Amendment No. 191N:


    After Clause 109, insert the following new clause—


"MODIFICATION OF CONDITIONS OF NORTHERN IRELAND ELECTRICITY LICENCES
(1) In Part 7 of the Energy (Northern Ireland) Order 2003 (S.I. 2003/419 (N.I. 6)) (renewable energy sources), after Article 58 insert—
"58A MODIFICATIONS OF LICENCES IN CONNECTION WITH ENERGY ACT 2004
(1) Where the Department or the Authority considers it necessary or expedient to do so in connection with—
(a) amendments of this Order made by section (Issue of green certificates in Northern Ireland) of the Energy Act 2004, or

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(b) provision made by an order under Article 56 to take account of amendments of the Electricity Act 1989 made by Chapter 3 of Part 2 of that Act of 2004,
it may modify the conditions of an electricity licence.
(2) The power to make modifications under this Article includes power to make incidental, consequential or transitional modifications.
(3) Before making a modification of a licence condition under this Article the Department shall consult the Authority and the licence holder.
(4) Before making a modification of a licence condition under this Article the Authority shall—
(a) consult the licence holder; and
(b) obtain the consent of the Department to the modification.
(5) Paragraphs (3) and (4)(a) may be satisfied by consultation—
(a) that, in the case of a modification within paragraph (1)(b), took place wholly or partly before the order in question comes into force; and
(b) that, in any case, took place wholly or partly before the commencement of this Article.
(6) Where the Department or the Authority makes any modifications under this Article it shall publish those modifications in such manner as it considers appropriate.
(7) The power conferred by virtue of paragraph (1)(a) may not be exercised after the end of the period of two years beginning with the commencement of this Article.
(8) The power conferred by virtue of paragraph (1)(b) may not be exercised in relation to an order under Article 56 after the end of the period of two years beginning with the day on which the order comes into force."
(2) This section extends to Northern Ireland only."

The noble Lord said: My Lords, I beg to move.


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