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Energy Bill [HL]


Energy Bill [HL]
Part 1 — Energy efficiency
Chapter 1 — Green deal

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(a)   

may be exercised generally, only in relation to specified cases or subject

to exceptions (including provision for a case to be excepted only so long

as specified conditions are satisfied);

(b)   

may be exercised differently in different cases or circumstances;

(c)   

include a power to make incidental, consequential or transitional

5

modifications.

(3)   

Provision included in a licence by virtue of any of the powers—

(a)   

need not relate to the activities authorised by the licence;

(b)   

may make different provision for different cases.

(4)   

The Secretary of State must publish details of modifications under any of the

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powers as soon as reasonably practicable after the modifications are made.

(5)   

A modification under any of the powers of part of a standard condition of a

licence does not prevent any other part of the condition from continuing to be

regarded as a standard condition for the purposes of Part 1 of the Gas Act 1986

or Part 1 of the Electricity Act 1989.

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(6)   

Where the Secretary of State makes modifications under any of the powers of

the standard conditions of a licence of any type, the Gas and Electricity Markets

Authority must make the same modification of those standard conditions for

the purposes of their incorporation in licences of that type granted after that

time.

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Gas and electricity codes

21      

Recovering green deal payments: gas suppliers

(1)   

Schedule 2B to the Gas Act 1986 (the gas code) is amended as follows.

(2)   

In paragraph 6A(1) for paragraph (a) substitute—

“(a)   

the sum is owed to an authorised supplier—

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(i)   

in respect of the supply of gas to the premises on

which the meter is installed,

(ii)   

in respect of the provision of the meter, or

(iii)   

under a green deal plan (within the meaning of

section 1 of the Energy Act 2011) in respect of the

30

premises; or”.

(3)   

In paragraph 7(1) for paragraphs (a) and (b) substitute—

“(a)   

a demand in writing is made by a gas supplier for any of the

relevant payments to be made by a consumer; and

(b)   

the consumer does not make those payments within 28 days

35

after the making of the demand.”

(4)   

After paragraph 7(1) insert—

   “(1A)  

A payment is a relevant payment for the purposes of sub-paragraph

(1) if it is due to the gas supplier from the consumer—

(a)   

in respect of the supply of gas to any premises of the

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consumer (in this paragraph referred to as “the premises”); or

(b)   

under a green deal plan (within the meaning of section 1 of

the Energy Act 2011) in respect of the premises.”

 
 

Energy Bill [HL]
Part 1 — Energy efficiency
Chapter 1 — Green deal

16

 

(5)   

In each of paragraphs 7(4)(b) and (5) for “charges” substitute “payments”.

22      

Recovering green deal payments: electricity suppliers

(1)   

The Electricity Act 1989 is amended as follows.

(2)   

Paragraph 2 of Schedule 6 to the Electricity Act 1989 (the electricity code) is

amended as set out in subsections (3) to (5).

5

(3)   

In sub-paragraph (1) for the words from “paid” to “electricity meter” substitute

“made all the relevant payments”.

(4)   

After sub-paragraph (1) insert—

   “(1A)  

A payment is a relevant payment for the purposes of sub-paragraph

(1) if it is due from the customer to an electricity supplier—

10

(a)   

in respect of the supply of electricity to any premises or the

provision of an electricity meter; or

(b)   

under a green deal plan (within the meaning of section 1 of

the Energy Act 2011) in respect of the premises.”

(5)   

In sub-paragraph (3) for “payment of the charges due” substitute “the relevant

15

payments to be made”.

(6)   

In paragraph 12(2) of Schedule 7 (recovery through pre-payment meters) for

paragraph (a) substitute—

“(a)   

the sum is owed to an authorised supplier—

(i)   

in respect of the supply of electricity to the premises

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on which the meter is installed,

(ii)   

in respect of the provision of the meter, or

(iii)   

under a green deal plan (within the meaning of

section 1 of the Energy Act 2011) in respect of the

premises; or”.

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Modifying consumer credit legislation

23      

Exemption from Consumer Credit Act 1974 in relation to credit to business

debtors

(1)   

Section 16B of the Consumer Credit Act 1974 (exemption relating to

businesses) is amended as follows.

30

(2)   

After subsection (1) insert—

“(1A)   

This Act does not regulate a consumer credit agreement if—

(a)   

the credit provided by the creditor to the debtor by the

agreement does not exceed £25,000,

(b)   

the agreement is entered into by the debtor wholly for the

35

purposes of a business carried on, or intended to be carried on,

by the debtor, and

(c)   

the agreement is a green deal plan (within the meaning of

section 1 of the Energy Act 2011).”

(3)   

In subsection (2) after “If an agreement” insert “falling within subsection (1)”.

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Energy Bill [HL]
Part 1 — Energy efficiency
Chapter 1 — Green deal

17

 

(4)   

After subsection (3) insert—

“(3A)   

Subsections (2) and (3) also apply in relation to an agreement falling

within subsection (1A) but with the omission of the words “or

predominantly”.

24      

Energy suppliers not to be treated as carrying on ancillary credit business

5

In section 21 of the Consumer Credit Act 1974 (businesses needing an OFT

licence) after subsection (3) insert—

“(4)   

A relevant energy supplier acting in that capacity does not need a

licence to carry on an ancillary credit business so far as it comprises or

relates to debt-adjusting, debt-counselling, debt-collecting or debt

10

administration in relation to debts due under a green deal plan

associated with the supplier.

(5)   

A green deal plan is associated with a relevant energy supplier if the

payments under the plan are to be made to the supplier.

(6)   

In this section—

15

(a)   

“green deal plan” has the meaning given by section 1 of the

Energy Act 2011; and

(b)   

“relevant energy supplier” has the meaning given in regulations

made for the purposes of section 2(9) of that Act.”

25      

Duties to give debtors information and statements

20

(1)   

The Consumer Credit Act 1974 is amended as follows.

(2)   

In section 77 (duty to give information to debtor under fixed-sum credit

agreement) after subsection (2) insert—

“(2A)   

Subsection (2B) applies if the regulated agreement is a green deal plan

(within the meaning of section 1 of the Energy Act 2011).

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(2B)   

The duty imposed on the creditor by subsection (1) may be discharged

by another person acting on the creditor’s behalf.”

(3)   

In section 77A (statements to be provided in relation to fixed-sum credit

agreement) after subsection (2) insert—

“(2A)   

Subsection (2B) applies if the regulated agreement is a green deal plan

30

(within the meaning of section 1 of the Energy Act 2011).

(2B)   

Any duty imposed on the creditor by this section may be discharged by

another person acting on the creditor’s behalf.”

(4)   

In section 77B (statement of account to be provided on request in relation to

fixed-sum credit agreement) after subsection (7) insert—

35

“(7A)   

Subsection (7B) applies if the regulated agreement is a green deal plan

(within the meaning of section 1 of the Energy Act 2011).

(7B)   

The duty imposed on the creditor by this section may be discharged by

another person acting on the creditor’s behalf.”

 
 

Energy Bill [HL]
Part 1 — Energy efficiency
Chapter 1 — Green deal

18

 

26      

Exemption from requirement to give notice of sums in arrears

In section 86B of the Consumer Credit Act 1974 (requirement to give notice of

sums in arrears) for subsection (12) substitute—

“(12)   

In this section “applicable agreement” means an agreement which falls

within subsection (12A) or (12B).

5

(12A)   

An agreement falls within this subsection if—

(a)   

it is a regulated agreement for fixed-sum credit; and

(b)   

it is not—

(i)   

a non-commercial agreement;

(ii)   

a small agreement; or

10

(iii)   

a green deal plan (within the meaning of section 1 of the

Energy Act 2011).

(12B)   

An agreement falls within this subsection if—

(a)   

it is a regulated consumer hire agreement; and

(b)   

it is neither a non-commercial agreement nor a small

15

agreement.”

27      

Power to amend Consumer Credit Act 1974

(1)   

The Secretary of State may by order make such amendments to the Consumer

Credit Act 1974 as the Secretary of State considers appropriate in consequence

of provision made by or under this Chapter.

20

(2)   

Before exercising the power under subsection (1) the Secretary of State must

consult—

(a)   

the Office of Fair Trading, and

(b)   

such other persons as the Secretary of State considers appropriate.

Delegation of functions to public body

25

28      

Delegation and conferring of functions

(1)   

The Secretary of State may by order provide for the following functions

conferred on the Secretary of State to be exercisable instead by a public body

specified in the order—

(a)   

any function exercisable in connection with the scheme established by

30

the framework regulations;

(b)   

any function exercisable under the framework regulations by virtue of

section 6(4);

(c)   

any function under section 7(3)(b) of annexing a list to the code of

practice for the purposes of the scheme;

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(d)   

any function under regulations made under section 14.

(2)   

If the function of issuing a code of practice for the purposes of the scheme is

specified in an order by virtue of subsection (1)(a), the code must not be issued

unless the Secretary of State has approved it.

(3)   

The Secretary of State may by order make provision conferring administration

40

functions on—

(a)   

the Secretary of State;

 
 

Energy Bill [HL]
Part 1 — Energy efficiency
Chapter 1 — Green deal

19

 

(b)   

a public body specified in the order.

(4)   

For the purposes of subsection (3) administration functions are functions in

connection with the administration of any provision in licences under section

7 or 7A of the Gas Act 1986 or section 6(1)(c) or (d) of the Electricity Act 1989

made by virtue of section 15(3) of this Act.

5

(5)   

An order made by virtue of subsection (1) or (3)(b) may provide for—

(a)   

different functions to be exercisable by different public bodies;

(b)   

the same function to be exercisable by different public bodies in relation

to different areas.

(6)   

The Secretary of State may make payments to any public body specified in an

10

order made by virtue of subsection (1).

29      

Duty to report

(1)   

This section applies if the function under section 3(1)(a) is specified in an order

made by virtue of section 28(1)(a).

(2)   

The Secretary of State may make regulations requiring the body specified in

15

relation to that function in the order to—

(a)   

collect information on the specified matters, and

(b)   

provide the Secretary of State with a report on those matters at the

specified times.

(3)   

In subsection (2) “specified” means specified in the regulations.

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General

30      

Power of Secretary of State to deal with special circumstances

(1)   

The Secretary of State may by regulations make provision as to—

(a)   

the circumstances in which a bill payer’s liability to make green deal

payments to the relevant energy supplier is suspended or cancelled;

25

(b)   

the circumstances in which the suspension of any liability ends;

(c)   

the consequences of any suspension or cancellation;

(d)   

the circumstances in which the green deal provider may require the

early repayment of the whole or part of the total of the payments

outstanding under a green deal plan.

30

(2)   

The regulations may, in particular, include provision—

(a)   

as to the procedure to be followed for securing a suspension or

cancellation (including the payment of an administration fee calculated

in accordance with the regulations);

(b)   

as to how any payments due under a green deal plan during a period

35

of suspension are to be paid;

(c)   

as to the making of payments due under a green deal plan after a period

of suspension;

(d)   

as to the calculation of the amount payable on early repayment

(including a fee calculated in accordance with the regulations).

40

(3)   

For the purposes of this section—

 
 

Energy Bill [HL]
Part 1 — Energy efficiency
Chapter 1 — Green deal

20

 

(a)   

“bill payer” includes the person who would be the bill payer if the

supply from the relevant energy supplier were not temporarily

disconnected or the liability to make green deal payments were not

suspended, and

(b)   

payments are green deal payments if they are made under a green deal

5

plan.

31      

Appeals

(1)   

This section applies if provision is included in a scheme or regulations by

virtue of any of the following—

(a)   

section 3(3)(h) or (i);

10

(b)   

section 6(4);

(c)   

section 14.

(2)   

The Secretary of State must by regulations provide for a right of appeal to a

court or tribunal against any sanction imposed, or other action taken, by the

Secretary of State or a specified public body under the provision mentioned in

15

subsection (1).

(3)   

Regulations under this section may, in particular, include provision—

(a)   

as to the jurisdiction of the court or tribunal to which an appeal may be

made;

(b)   

as to the persons who may make an appeal;

20

(c)   

as to the grounds on which an appeal may be made;

(d)   

as to the procedure for making an appeal (including any fee which may

be payable);

(e)   

suspending the effect of a sanction or other action being appealed

against, pending determination of the appeal;

25

(f)   

as to the powers of the court or tribunal to which an appeal is made;

(g)   

as to how any sum payable in pursuance of a decision of the court or

tribunal is to be recoverable.

(4)   

The provision referred to in subsection (3)(f) includes provision conferring on

the court or tribunal to which an appeal is made power—

30

(a)   

to confirm the sanction imposed or action taken;

(b)   

to withdraw the sanction or action;

(c)   

to impose a different sanction or take different action;

(d)   

to remit the decision whether to confirm the sanction or other action, or

any matter relating to that decision, to the person who imposed the

35

sanction or took the action;

(e)   

to award costs.

(5)   

If the Secretary of State considers it appropriate for the purpose of, or in

consequence of, any provision falling within subsection (3)(a), (d), (f) or (g),

regulations under this section may revoke or amend any subordinate

40

legislation.

(6)   

In this section—

(a)   

“specified public body” means a public body specified in an order

made by virtue of section 28(1);

(b)   

“subordinate legislation” has the meaning given in section 21(1) of the

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Interpretation Act 1978.

 
 

 
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