Session 2010-11
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Energy Bill [HL]


AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE
[Supplementary to the Fifth Marshalled List]

After Clause 70

BARONESS SMITH OF BASILDON

LORD GRANTCHESTER

LORD DAVIES OF OLDHAM

33CA*

Insert the following new Clause—

“Disclosure of energy performance certificates in connection with sale or letting out

(1) This section applies where—

(a) a property, or a lease of a property, is to be sold; or

(b) a property is to be let out—

(i) under a tenancy or licence agreement; and

(ii) on the basis that the prospective tenant or licensee is to be liable for paying the energy bills for the property.

(2) The seller, prospective landlord or licensor must—

(a) obtain a valid energy performance certificate in accordance with energy performance regulations made under the Building Act 1984 or any succeeding energy performance legislation; and

(b) provide this certificate free of charge to any prospective buyer, tenant or licensee at the specified time.

(3) An obligation under subsection (2) may be discharged by an agent.

(4) For the purposes of subsection (2), a person becomes a prospective buyer, tenant or licensse in relation to a property when the person–

(a) requests any information about the property from the seller, prospective landlord, licensor or an agent for the purpose of deciding whether to buy or rent the property;

(b) makes a request to view the property for the purpose mentioned in paragraph (a); or

(c) makes an offer, whether oral or written, to buy or rent the property.

(5) For the purposes of subsection (2), an energy performance certificate is only valid if—

(a) the certificate relates to a period that is no more than one year from the time that the certificate was issued; and

(b) the person required to provide the certificate has no reasonable grounds to suspect that the energy performance information on the certificate is no longer accurate.

(6) For the purposes of this section—

(a) an agent is a person acting on behalf of a seller, prospective landlord or licensor in the sale or letting out of a property;

(b) specified time means the time specified in regulations made by the Secretary of State.”

Clause 75

BARONESS SMITH OF BASILDON

LORD GRANTCHESTER

LORD DAVIES OF OLDHAM

34ZA*

Page 55, line 22, after “electricity” insert “, including renewables and low-carbon generation”

34ZB*

Page 55, line 29, at end insert—

“( ) the impact of supply on consumer prices”

Clause 76

BARONESS SMITH OF BASILDON

LORD GRANTCHESTER

LORD DAVIES OF OLDHAM

34ZC*

Page 56, line 24, after “electricity” insert “, including renewables and low-carbon generation”

34ZD*

Page 56, line 31, at end insert—

“( ) the impact of supply on consumer prices”

Before Clause 78

BARONESS SMITH OF BASILDON

LORD GRANTCHESTER

LORD DAVIES OF OLDHAM

34AA*

Insert the following new Clause—

“Accidental petroleum releases: verification of financial costs

After section 3 of the Petroleum Act 1998 insert—

“3A Accidental petroleum releases: verification of financial costs

(1) At the time of applying for a licence under section 3, the applicant must provide the Secretary of State with information showing that the applicant has sufficient funds to compensate any damage caused, or loss suffered, as a result of petroleum being accidentally released during the operation of that licence.

(2) The information provided in subsection (1) must be approved as a true and accurate record of the financial affairs of that person by an independent and qualified auditor and must meet any other standards specified in regulations made by the Secretary of State.

(3) The Secretary of State must make regulations, in particular, to provide for the type of financial and supporting information to be provided under subsection (1).

(4) Before issuing a licence under section 3, the Secretary of State must be satisfied that—

(a) the applicant has provided a complete and accurate record of information required by this Act and any regulations made under this Act; and

(b) on reviewing that information, the applicant has sufficient funds to compensate for any damage caused, or loss suffered, as a result of petroleum being accidentally released during the operation of the licence.””

Clause 99

BARONESS SMITH OF BASILDON

LORD GRANTCHESTER

LORD DAVIES OF OLDHAM

36A*

Page 75, line 31, leave out subsection (2)

Clause 100

BARONESS SMITH OF BASILDON

LORD GRANTCHESTER

LORD DAVIES OF OLDHAM

The above-named Lords give notice of their intention to oppose the Question that Clause 100 stand part of the Bill.