Energy Bill—
Amendments to be debated in the House of Lordscontinued

House of Lords

back to previous amendments

 

Clause 80

 

LORD HUNT OF KINGS HEATH

13Page 73, line 13, leave out from "(1)" to end of line 15 and insert "for "in each calendar year, beginning with 2004," substitute ", for each reporting period,"
 

LORD WHITTY

14Page 73, line 14, leave out from "2004,"" to end of line 15
 

VISCOUNT MONTGOMERY OF ALAMEIN

 

BARONESS BILLINGHAM

 

LORD LEE OF TRAFFORD

15Page 73, line 15, at end insert—
"(   )  in subsection (1) after paragraph (d) insert—
"(e)  investigating how much energy could be saved through the adoption of a daylight saving scheme.""
 

LORD WHITTY

16Page 73, leave out lines 17 to 38 and insert "paragraph (c)."
 

LORD HUNT OF KINGS HEATH

17Page 73, line 17, leave out from "(c)," to end of line 19
18Page 73, line 20, leave out "to (3), and" and insert "and (1C),
(   )  for subsections (2) and (3) substitute—
"(2)  "Reporting period", for the purposes of subsections (1) to (1AA), means—
(a)  the period beginning with 24th February 2008 and ending with 31st December 2008, and
(b)  each successive calendar year.
(3)  A sustainable energy report must be published during the period beginning with 1st January and ending with 31st October following the reporting period to which it relates ("the publication period").", and"
19Page 73, line 29, leave out sub-paragraph (ii)
20Page 73, leave out lines 32 to 38
 

After Clause 80

 

LORD JENKIN OF RODING

21Insert the following new Clause—
 "Electricity distribution
  "Charges relating to connections
(1)  Section 16A of the Electricity Act 1989 (c. 29) (procedure for requiring a connection) is amended as follows.
(2)  For subsection (3), substitute—
"(3)  The person requiring a connection shall also—
(a)  give the distributor such other information in relation to the required connection as the distributor may reasonably request; and
(b)  in relation to charges attributable to the costs of giving a notice under subsection (5), pay to the distributor amounts of such description, to such extent, and in such circumstances as may be prescribed by the Authority with the consent of the Secretary of State."
(3)  In subsection (5) for "any information" substitute "anything"."
 

LORD WHITTY

22Insert the following new Clause—
  "Energy Assistance Packages
(1)  The Secretary of State may make regulation prescribing that domestic gas or electricity suppliers ("the suppliers") or both or each gas and electricity supplier of a specified description, shall make available energy assistance packages to such gas and electricity customers as are prescribed by the Secretary of State.
(2)  The regulations shall—
(a)  set out group or groups of gas and electricity customers who are eligible for energy assistance packages; and
(b)  Supply gas or electricity or both at a reduced rate lower than any other rate available to other customers of that supplier until such time as their home has been brought up to the energy efficiency standard of Sap 81 or such other standard that the Secretary of State may reasonably consider will significantly protect vulnerable consumers from fuel poverty."
 

Clause 81

 

LORD DUBS

23Page 74, line 26, after "including" insert "financial and other"
24Page 74, line 44, leave out paragraph (k) and insert—
"(k)  provision requiring the holder of a licence, whether solely or in conjunction with one or more other licence holders, to enter (or refrain from entering) into an agreement of a specified kind, or with a specified person, or in relation to a specified area;"
 

After Clause 81

 

LORD CAMPBELL-SAVOURS

25Insert the following new Clause—
  "Display of information relating to tariffs
(1)  In exercising the powers contained in—
(a)  section 81(1) (power to amend licence conditions), and
(b)  section 81(3)(g) (power to require the holder of a licence to make arrangements in relation to the protection of consumers),
 the Secretary of State shall have regard to the desirability of establishing technical specifications for meters (under the provisions of section 81(3)(a)) which include specifications for the display on those meters of information to the consumer about tariffs for electricity and gas, and shall consult representatives of the gas and electricity supply industries prior to the establishment of such specifications.
(2)  Such specifications shall have regard to the desirability of displaying information about variable tariffs, in particular "rising block tariffs" as defined in subsection (3).
(3)  A "rising block tariff" is one in which there is a basic threshold price for electricity or gas and an additional percentage price premium applicable to each block of units about that threshold.
(4)  In exercising the powers contained in section 81(3)(g), the Secretary of State shall report to Parliament within 12 months of the coming into force of this section on the desirability of a national standard for such tariffs, covering the matters specified in subsection (5), in order to facilitate the development of a common technical specification for meters.
(5)  A national standard for rising block tariffs shall cover the following matters—
(a)  the number of units of gas or electricity to be provided by the supplier at the basic threshold price annually,
(b)  the number of units comprised in each subsequent block of units,
(c)  the additional price premium payable per unit, applicable to each block,
(d)  the calculation for the purposes of setting the minimum number of units to be supplied at the basic threshold price quarterly,
(e)  arrangements for the setting of standing charges.
(6)  Nothing in this Act permits the Secretary of State to determine the basic threshold price of electricity where a rising bloack tariff is in force."
 

After Clause 83

 

LORD CAMPBELL-SAVOURS

26Insert the following new Clause—
  "Smart meters: installation
(1)  The Secretary of State shall make regulations requiring the installation of smart meters for the supply of gas and electricity in all domestic hereditaments subject to the following provisions—
(a)  that within 18 months of the coming into force of this Act, the Secretary of State shall lay before Parliament a timetable for the introduction of smart meters;
(b)  that within 18 months of the coming into force of this Act, the Secretary of State shall lay before Parliament a draft of the proposals for regulations for the introduction of smart meters.
(2)  In this section, a "smart meter" means a gas or electricity meter with two way communication capabilities including a communication capability to display—
(a)  household usage on a daily basis;
(b)  total cost within a billing period of units concerned; and
17(c)  the cost per unit."
 

LORD TEVERSON

 

[As an amendment to amendment 26]

27Line 17, at end insert—
"(   )  The installation prescribed in subsection (1) must be implemented within 10 years of the passing of this Act."
 

LORD DUBS

28Insert the following new Clause—
  "Smart meters: consequential amendment
(1)  Section 7B of the Gas Act 1986 (c. 44) is amended as follows.
(2)  In paragraph (ii) of subsection (5)(b), omit the words "under section 7A above".
 

After Clause 89

 

LORD JENKIN OF RODING

29Insert the following new Clause—
  "Power to amend licence conditions etc: carbon dioxide emission targets and       fuel poverty
(1)  The Secretary of State may modify—
(a)  a condition of a particular electricity supply licence under section 6(1)(d) of the Electricity Act 1989 (c. 29);
(b)  the standard conditions incorporated in licences under those provisions by virtue of section 8A of that Act;
(c)  a condition of a particular gas supply licence under section 7A of the Gas Act 1986 (c. 44);
(d)  the standard conditions incorporated in licences under those provisions by virtue of section 8 of that Act;
(e)  a document maintained in accordance with the conditions of licences under section 6(1) of the Electricity Act 1989 or section 7 or 7A of the Gas Act 1986, or an agreement that gives effect to a document so maintained.
(2)  The Secretary of State may exercise the power in subsection (1) for the purpose of requiring the holder of a licence to promote measures, in respect of the group of customers defined in subsection (4), pursuant to any order made under Part 1 of the Gas Act or Part 1 of the Electricity Act 1989 that imposes an obligation on suppliers to achieve carbon dioxide emission reduction targets.
(3)  Modifications made by virtue of subsection (1) may include—
(a)  provision about the protection of consumers;
(b)  provision requiring the holder of the licence to enter (or refrain from entering) into an agreement of a specified kind, or with a specified person;
(c)  provision specifying, or enabling the determination of, a date from which a modification is to take effect.
(4)  In subsection (2) "the group of customers" means customers who are—
(a)  in receipt of income or disability benefits,
(b)  in receipt of tax or pension credits, or
(c)  aged 70 or over.
(5)  The Secretary of State shall, within 6 months of this Act receiving Royal Assent, lay before Parliament regulations making provision for the provision of information to licence holders enabling them to identify those of their customers who fall within the group defined in subsection (4), and provision about the use, sharing and protection of that information.
(6)  Regulations under subsection (5) shall make provision in relation to matters including, but not limited to—
(a)  disclosure to licence holders of specified information,
(b)  conditions relating to the security of information disclosed,
(c)  conditions relating to the use and sharing of such information.
(7)  Regulations under subsection (5) shall be made by statutory instrument and shall be subject to affirmative resolution of each House of Parliament."
 

After Clause 91

 

LORD JENKIN OF RODING

30Insert the following new Clause—
 "Regulatory functions: gas and electricity
  Guidance in relation to the Authority's functions
(1)  The Secretary of State must from time to time issue guidance to the Gas and Electricity Markets Authority about the exercise of its functions under the enactments specified in subsection (2).
(2)  Those enactments are—
(a)  Part 1 of the Gas Act 1986 (c. 44);
(b)  Part 1 of the Electricity Act 1989 (c. 29);
(c)  the Utilities Act 2000 (c. 27);
(d)  Parts 2 and 3 of the Energy Act 2004 (c. 20).
(3)  Guidance under this section must, in particular, be given with a view to the desirability of ensuring that the functions of the Gas and Electricity Markets Authority are exercised in the manner most likely to contribute to—
(a)  the security of energy supply in the United Kingdom; and
(b)  the mitigation of or adaptation to the consequences of climate change in the United Kingdom.
(4)  Guidance under this section may include—
(a)  any proposals of the Secretary of State for achieving the objectives mentioned in subsection (3); and
(b)  any indicative timetable that the Secretary of State considers should apply to the implementation of those proposals.
(5)  The Gas and Electricity Markets Authority, in carrying out its functions, must have regard to any guidance issued under this section.
(6)  Section 4AB of the Gas Act 1986 (guidance on social and environmental matters) and section 3B of the Electricity Act 1989 (guidance on social and environmental matters) are repealed."
31Insert the following new Clause—
  "Guidance in relation to the Authority's functions: supplemental
(1)  Before issuing or revising guidance under section (Guidance in relation to the Authority functions), the Secretary of State must consult—
(a)  the Gas and Electricity Markets Authority;
(b)  the Scottish Ministers;
(c)  the Welsh Ministers;
(d)  the Committee on Climate Change;
(e)  the National Consumer Council;
(f)  licence holders within the meaning of Part 1 of the Gas Act 1986 (c. 44) and Part 1 of the Electricity Act 1989 (c. 29);
(g)  such other persons as the Secretary of State considers it appropriate to consult in relation to the guidance.
(2)  A draft of any guidance that is proposed to be issued under section (Guidance in relation to the Authority's functions) must be laid before each House of Parliament.
(3)  Guidance must not be issued under section (Guidance in relation to the Authority's functions) until after the period of forty days beginning with—
(a)  the day on which the draft is laid before each House of Parliament; or
(b)  if the draft is laid before the House of Lords on one day and the House of Commons on another, the later of those two days.
(4)  If, before the end of that period, either House resolves that the guidance should not be issued, the Secretary of State must not issue it.
(5)  In reckoning any period of forty days for the purposes of subsection (3) or (4), no account shall be taken of any time during which—
(a)  Parliament is dissolved or prorogued; or
(b)  both Houses are adjourned for more than four days.
(6)  The Secretary of State must arrange for any guidance issued under section (Guidance in relation to the Authority's functions) to be published in such manner as the Secretary of State considers appropriate."
32Insert the following new Clause—
  "Directions in relation to the Authority's functions
(1)  Subject to subsection (2), the Secretary of State may give general or specific directions to the Gas and Electricity Markets Authority about the exercise of any of its functions under the enactments specified in section (Guidance in relation to the Authority's functions).
(2)  The Secretary of State may only give a direction to the Gas and Electricity Markets Authority under this section if it appears to the Secretary of State that it is necessary to do so in order to ensure that the Authority's exercise of its functions is or will be consistent with—
(a)  any current national policies announced by the Secretary of State in relation to the security of the United Kingdom's energy supply or the mitigation of or adaptation to the consequences of climate change in the United Kingdom; or
(b)  any current requirements of Community law or of the international obligations of the United Kingdom that are relevant in relation to those matters.
(3)  The Secretary of State must arrange for any direction under this section to be published as soon as is reasonably practicable after giving it and in such manner as the Secretary of State considers appropriate.
(4)  The Secretary of State—
(a)  may revoke any direction given under this section; and
(b)  must publish the fact that the direction has been revoked as soon as is reasonably practicable after the revocation.
(5)  The Gas and Electricity Markets Authority must comply with any directions of the Secretary of State in force under this section.
(6)  The Secretary of State's power to give directions under this section includes power to vary an existing direction."

 
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22 October 2008