Session 2010-11
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Energy Bill [HL]


AMENDMENTS
TO BE MOVED
ON REPORT

Clause 3

LORD MARLAND

Page 4, line 14, after “issuing” insert “, revision or revocation”

Page 5, line 22, at end insert—

“( ) In this Chapter references to a code of practice include references to a code of practice which has been revised by virtue of subsection (3)(d).”

Clause 7

LORD MARLAND

Page 8, leave out lines 5 to 9 and insert “any product installed in making the improvements—

(a) meets the standard specified in the code of practice in relation to the product or description of product, or

(b) is listed in a document which—

(i) is issued by the Secretary of State or a person authorised by the Secretary of State in connection with the code, and

(ii) is referred to in the code as listing the products which are to be taken as meeting the required standard.”

Page 8, line 9, at end insert—

“( ) In specifying the standard in relation to a product or description of product for the purposes of subsection (3)(a), the code of practice may make provision as to the testing and certification of the product or description of product.”

Page 8, line 11, at end insert—

“( ) In this section references to the code of practice are to the code of practice issued for the purposes of the scheme under the framework regulations.”

Clause 8

LORD MARLAND

Page 8, line 30, leave out “amended” and insert “updated”

Page 8, line 30, at end insert—

“( ) The reference in this section to securing that a document is updated includes a reference to securing that a document is replaced by a document of the same description.”

Clause 9

LORD MARLAND

Page 8, line 35, at end insert “or the 2010 Regulations”

Page 8, line 36, leave out from “The” to end of line 39 and insert “Secretary of State may by regulations make provision amending the 2007 Regulations or the 2010 Regulations or both (as the case may require) in connection with a document required to be produced or updated by virtue of section 8(4)(b) or (c)”

Page 8, line 40, leave out from “The” to end of line 4 on page 9 and insert “amendments made by virtue of subsection (2) may, in particular, include amendments for the purpose of requiring a document to contain additional or updated information in connection with the plan or the improvements installed under the plan”

Page 9, line 7, at end insert—

““the 2010 Regulations” means the Building Regulations 2010 (S.I. 2010/2214)”

Clause 10

LORD MARLAND

Page 9, line 12, leave out from “provision” to end of line 15 and insert “amending the 2008 Regulations in connection with a document required to be produced or updated by virtue of section 8(4)(b) or (c)”

Page 9, line 16, leave out from “The” to end of line 23 and insert “amendments made by virtue of subsection (2) may, in particular, include amendments for the purpose of requiring a document to contain additional or updated information in connection with the plan or the improvements installed under the plan”

Clause 11

LORD MARLAND

Page 9, line 29, leave out “amended” and insert “updated”

Page 9, line 29, at end insert—

“( ) Subsection (3) applies if one or more of the first, second or third conditions is met.”

Page 9, leave out line 30 and insert “The first condition is that—”

Page 9, line 33, after “Regulations” insert “or the 2010 Regulations”

Page 9, line 34, leave out from “the” to “information” in line 36 and insert “2007 Regulations or the 2010 Regulations or both by virtue of section 9(3) to require a document of that description to contain additional or updated”

Page 9, line 36, at end insert—

“(2A) The second condition is that—

(a) by virtue of section 8(4)(b) or (c), the framework regulations specify a document of a description which is required to be produced under the 2008 Regulations, and

(b) provision is made in the 2008 Regulations by virtue of section 10(3) to require a document of that description to contain additional or updated information.”

Page 9, line 36, at end insert—

“(2B) The third condition is that, by virtue of section 8(4)(b) or (c), the framework regulations specify a document of a description other than one falling within subsection (2) or (2A).”

Page 9, line 38, leave out paragraphs (a) and (b) and insert “as to the circumstances in which a document of a description falling within subsection (2), (2A) or (2B) (as the case may require) is required to be updated or further updated in accordance with provision made by the Secretary of State in the regulations”

Page 9, line 41, leave out subsections (4) to (7)

Page 10, line 16, leave out from “In” to second “the” and insert “subsection (2) “the 2007 Regulations” and “the 2010 Regulations” have”

Page 10, line 18, leave out from “In” to ““the” and insert “subsection (2A)”

Page 10, line 19, at end insert—

“( ) In this section references to a document being required to be updated or further updated include references to a document being required to be replaced by a document of the same description.”

After Clause 12

LORD MARLAND

Insert the following new Clause—

“Disclosure of green deal plan in connection with other transactions etc

(1) This section applies where—

(a) there is to be a transaction or other arrangement in respect of a green deal property (not falling within section 12(1)), and

(b) the transaction or arrangement is of a description specified in regulations made by the Secretary of State.

(2) The regulations may require a person of a description specified in the regulations to—

(a) obtain the document mentioned in section 8(4) or, if that provision has not yet been complied with, produce a document containing the same information in connection with the green deal plan as that document would have contained, and

(b) provide the document free of charge to a person of a description specified in the regulations at the time so specified.

(3) The regulations may provide for an obligation imposed on a person by virtue of subsection (2) to be discharged by a person acting on the person’s behalf.

(4) In this section the reference to a green deal property is to be read in accordance with section 12(5)(b).”

After Clause 13

LORD MARLAND

Insert the following new Clause—

“Acknowledgment of green deal plan in connection with other transactions etc

(1) This section applies where—

(a) there is to be a transaction or other arrangement in respect of a green deal property (not falling within section 13(1)), and

(b) the transaction or arrangement is of a description specified in regulations made under this subsection by the Secretary of State.

(2) Regulations under subsection (1) may require a person of a description specified in the regulations to secure, at a time and in a document so specified, that an acknowledgment is made by a person of a description so specified that—

(a) the bill payer at the property is liable to make payments under the green deal plan, and

(b) certain terms of that plan are binding on the bill payer.

(3) Where the green deal property is in England or Wales, regulations made by the Secretary of State under this subsection may provide for any acknowledgment required by virtue of subsection (2) to be in the form prescribed in the regulations under this subsection.

(4) Where the green deal property is in Scotland, regulations made by the Scottish Ministers under this subsection may provide for any acknowledgment required by virtue of subsection (2) to be in the form prescribed in the regulations under this subsection.

(5) In this section references to a green deal property are to be read in accordance with section 12(5)(b).”

Clause 14

LORD MARLAND

Page 11, line 38, at end insert “or imposed by virtue of regulations under section (Disclosure of green deal plan in connection with other transactions etc)”

Page 11, line 38, at end insert “or imposed by virtue of regulations under section (Acknowledgment of green deal plan in connection with other transactions etc)”

Page 12, line 7, after “licensor” insert “or another person”

Clause 20

LORD MARLAND

Page 15, line 2, leave out “This section applies” and insert “Subsections (2) to (6) apply”

Page 15, line 23, at end insert—

“(7) In section 33(1) of the Utilities Act 2000 (standard conditions of electricity licences)—

(a) after paragraph (d) omit “or”;

(b) after paragraph (e) insert “or

(f) under Chapter 1 of Part 1 of the Energy Act 2011.”

(8) In section 81(2) of the Utilities Act 2000 (standard conditions of gas licences)—

(a) for “2008 or” substitute “2008,”;

(b) after “2010” insert “or under Chapter 1 of Part 1 of the Energy Act 2011”.”

Page 15, line 23, at end insert—

“( ) Sections 4AA to 4B of the Gas Act 1986 (principal objective and general duties) apply in relation to the powers under sections 15 to 18 with respect to holders of licences under section 7 or 7A of that Act as they apply in relation to functions of the Secretary of State under Part 1 of that Act.

( ) Sections 3A to 3D of the Electricity Act 1989 (principal objective and general duties) apply in relation to the powers under sections 15 to 18 with respect to holders of licences under section 6(1)(c) or (d) of that Act as they apply in relation to functions of the Secretary of State under Part 1 of that Act.”

Clause 28

LORD MARLAND

Page 18, line 36, leave out paragraph (c)

Page 18, line 40, leave out from “(a),” to end of line 41 and insert “a draft of the code must be approved by the Secretary of State before the Secretary of State lays the draft before Parliament under section (Parliamentary procedure in relation to code of practice)(2)”

Page 18, line 41, at end insert—

“( ) If the function of revoking a code of practice issued for the purposes of the scheme is specified in an order by virtue of subsection (1)(a), the code must not be revoked without the approval of the Secretary of State.”

Clause 31

LORD MARLAND

Page 21, line 2, at end insert “and includes an instrument made under a Measure or Act of the National Assembly for Wales”

After Clause 32

LORD MARLAND

Insert the following new Clause—

“Parliamentary procedure in relation to code of practice

(1) This section makes further provision in relation to the issuing of any code of practice for the purposes of the scheme established by the framework regulations.

(2) Before the code is issued the Secretary of State must lay a draft of the code before Parliament.

(3) If, within the 40-day period, either House of Parliament resolves not to approve the draft, the code may not be issued.

(4) If no such resolution is made within that period, the code may be issued.

(5) The “40-day period”, in relation to a draft of a code, 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—

(a) Parliament is dissolved or prorogued, or

(b) both Houses are adjourned for more than 4 days.”

Clause 33

LORD MARLAND

Page 21, line 19, at beginning insert “regulations under section 2 or”

Page 21, line 20, leave out “11(6) or”

Page 21, line 20, at end insert “or (Acknowledgment of green deal plan in connection with other transactions etc)(4)”

Page 21, line 21, after “section” insert “(Disclosure of green deal plan in connection with other transactions etc),”

Page 21, line 21, after “section” insert “(Acknowledgment of green deal plan in connection with other transactions etc)(1),”

Page 21, line 22, after “section” insert “1, 2 or”

Page 21, line 35, at end insert—

“(7A) The Secretary of State must obtain the consent of the Welsh Ministers before making provision under section 31 amending or revoking—

(a) provision included in an instrument made under a Measure or Act of the National Assembly for Wales;

(b) any other subordinate legislation made by the Welsh Ministers (or the National Assembly for Wales established under the Government of Wales Act 1998).

(7B) Subsection (7A) does not apply to the extent that the Secretary of State is making incidental or consequential provision.”

Page 21, line 37, at end insert—

“( ) Subsection (8) does not apply to the extent that consent has been obtained under subsection (7A).”

Clause 35

LORD MARLAND

Page 22, line 12, at end insert “, or

“(iii) under a tenancy which is specified for the purposes of this subsection in an order made by the Secretary of State”

Clause 36

LORD MARLAND

Page 22, line 34, at end insert—

“( ) A review under this section may include a review of the energy efficiency of such properties which are not PR properties as the Secretary of State considers appropriate.”

Clause 39

LORD MARLAND

Page 25, line 45, at end insert “and includes an instrument made under a Measure or Act of the National Assembly for Wales”

Clause 42

LORD MARLAND

Page 28, line 22, at end insert “and includes an instrument made under a Measure or Act of the National Assembly for Wales”

Clause 45

LORD MARLAND

Page 30, line 41, at end insert “and includes an instrument made under a Measure or Act of the National Assembly for Wales”

Clause 46

LORD MARLAND

Page 31, line 7, leave out “this Chapter” and insert “section 37(7) or 43(6)”

Page 31, line 9, after “containing” insert “—

(a) an order under section 35(1)(a)(iii), or”

Page 31, line 11, at end insert—

“(5) The Secretary of State must obtain the consent of the Welsh Ministers before making provision under this Chapter amending or revoking—

(a) provision included in an instrument made under a Measure or Act of the National Assembly for Wales;

(b) any other subordinate legislation made by the Welsh Ministers (or the National Assembly for Wales established under the Government of Wales Act 1998).

(6) Subsection (5) does not apply to the extent that the Secretary of State is making incidental or consequential provision.

(7) The Secretary of State must consult the Welsh Ministers before making—

(a) domestic energy efficiency regulations, or

(b) tenants’ energy efficiency improvements regulations,

which apply in relation to domestic PR properties situated in Wales.

(8) Subsection (7) does not apply to the extent that consent has been obtained under subsection (5).”

Clause 61

LORD MARLAND

Page 40, line 23, at end insert—

“( ) In subsection (1) (power by order to impose an obligation to achieve a carbon emissions reduction target) for “the Authority” substitute “the Administrator”.

( ) After subsection (2) insert—

“(2A) In this section “the Administrator” means—

(a) the Authority; or

(b) if the order so provides, the Secretary of State or a specified body other than the Authority.”

( ) In subsection (3) for “the Authority” substitute “the Administrator”.

( ) In subsection (4) for “the Authority” substitute “(subject to any directions given under subsection (9B)) the Administrator”.”

Page 40, line 38, leave out “Authority” and insert “Administrator”

Page 41, line 17, at end insert—

“( ) in paragraph (d) for “the Authority” substitute “the Administrator”;”

Page 41, line 18, after “paragraph (e)” insert “—

( ) for “the Authority” substitute “the Administrator”;

( ) ”

Page 41, line 22, at end insert—

“( ) in paragraph (f) for “the Authority” substitute “the Administrator”;”

Page 41, line 24, leave out “Authority” and insert “Administrator”

Page 41, line 29, leave out “Authority” and insert “Administrator”

Page 41, line 32, leave out “Authority” and insert “Administrator”

Page 41, line 36, leave out “Authority” and insert “Administrator”

Page 41, line 42, leave out “Authority” and insert “Administrator”

Page 42, line 7, at end insert—

“( ) In subsection (6) for “the Authority” substitute “the Administrator”.

( ) After subsection (7) insert—

“(7A) The order may—

(a) make provision for any specified requirement contained in it to be treated as a relevant requirement for the purposes of this Part; or

(b) if it provides for the Administrator to be a person other than the Authority, make provision for and in connection with enabling the Administrator to enforce any requirement imposed by the order.

(7B) Provision made by virtue of paragraph (b) of subsection (7A) may, in particular, include provision corresponding to or applying (with or without modifications) any of sections 28 to 30F and section 38.”

( ) In subsection (8) omit paragraph (b).”

Page 42, line 9, leave out “Authority” and insert “Administrator”

Page 42, line 12, leave out “Authority” and insert “Administrator”

Page 42, leave out lines 26 and 27

Page 42, line 29, leave out “those”

Page 42, line 29, after “paragraphs” insert “(b), (ba) or (c) of subsection (5)”

Page 42, line 31, at end insert—

“(12B) If an order under this section provides for the Administrator to be a body other than the Authority, the Secretary of State may make payments to the body of such amounts as the Secretary of State considers appropriate.”

Page 42, line 34, at end insert—

“( ) The reference in subsection (12A) of section 33BC of the Gas Act 1986 to paragraph (c) of subsection (5) of that section includes a reference to paragraph (c) of subsection (5) of that section before its substitution by subsection (2) of this section.”

Clause 62

LORD MARLAND

Page 42, line 39, at end insert—

“( ) In subsection (1) (power by order to impose an obligation to achieve a carbon emissions reduction target) for “the Authority” substitute “the Administrator”.

( ) After subsection (2) insert—

“(2A) In this section “the Administrator” means—

(a) the Authority; or

(b) if the order so provides, the Secretary of State or a specified body other than the Authority.”

( ) In subsection (3) for “the Authority” substitute “the Administrator”.

( ) In subsection (4) for “the Authority” substitute “(subject to any directions given under subsection (9B)) the Administrator”.”

Page 43, line 10, leave out “Authority” and insert “Administrator”

Page 43, line 27, at end insert—

“( ) in paragraph (d) for “the Authority” substitute “the Administrator”;”

Page 43, line 28, after “paragraph (e)” insert “—

( ) for “the Authority” substitute “the Administrator”;

( ) ”

Page 43, line 32, at end insert—

“( ) in paragraph (f) for “the Authority” substitute “the Administrator”;”

Page 43, line 34, leave out “Authority” and insert “Administrator”

Page 43, line 39, leave out “Authority” and insert “Administrator”

Page 43, line 42, leave out “Authority” and insert “Administrator”

Page 43, line 46, leave out “Authority” and insert “Administrator”

Page 44, line 1, leave out “Authority” and insert “Administrator”

Page 44, line 15, at end insert—

“( ) In subsection (6) for “the Authority” substitute “the Administrator”.

( ) After subsection (7) insert—

“(7A) The order may—

(a) make provision for any specified requirement contained in it to be treated as a relevant requirement for the purposes of this Part; or

(b) if it provides for the Administrator to be a person other than the Authority, make provision for and in connection with enabling the Administrator to enforce any requirement imposed by the order.

(7B) Provision made by virtue of paragraph (b) of subsection (7A) may, in particular, include provision corresponding to or applying (with or without modifications) any of sections 25 to 28.”

( ) In subsection (8) omit paragraph (b).”

Page 44, line 17, leave out “Authority” and insert “Administrator”

Page 44, line 20, leave out “Authority” and insert “Administrator”

Page 44, leave out lines 34 and 35

Page 44, line 37, leave out “those”

Page 44, line 37, after “paragraphs” insert “(b), (ba) or (c) of subsection (5)”

Page 44, line 39, at end insert—

“(12B) If an order under this section provides for the Administrator to be a body other than the Authority, the Secretary of State may make payments to the body of such amounts as the Secretary of State considers appropriate.”

Page 44, line 42, at end insert—

“( ) The reference in subsection (12A) of section 41A of the Electricity Act 1989 to paragraph (c) of subsection (5) of that section includes a reference to paragraph (c) of subsection (5) of that section before its substitution by subsection (2) of this section.”

Clause 63

LORD MARLAND

Page 45, line 14, for “Authority” substitute “Administrator”

Page 45, line 17, at end insert—

“( ) “the Administrator” means—

(i) the Authority; or

(ii) if the order so provides, the Secretary of State or a specified body other than the Authority;”

Page 45, line 26, leave out “(12A)” and insert “(12B)”

Page 45, line 40, leave out “Authority” and insert “Administrator”

Clause 64

LORD MARLAND

Page 46, line 14, leave out “Authority” and insert “Administrator”

Page 46, line 17, at end insert—

“( ) “the Administrator” means—

(i) the Authority; or

(ii) if the order so provides, the Secretary of State or a specified body other than the Authority;”

Page 46, line 26, leave out “(12A)” and insert “(12B)”

Page 46, line 40, leave out “Authority” and insert “Administrator”

Clause 65

LORD MARLAND

Page 47, line 5, leave out “by the Authority of its functions” and insert “of the functions of the Administrator”

Page 47, line 21, leave out “the Authority to apportion”

Page 47, line 21, after “target” insert “to be apportioned”

Page 47, line 29, leave out “Authority” and insert “Administrator”

Clause 66

LORD MARLAND

Page 48, line 27, at end insert “; and

( ) any body other than the Authority that is for the time being the Administrator in relation to a carbon emissions reduction order or a home-heating cost reduction order”

Clause 67

LORD MARLAND

Leave out Clause 67

Clause 73

LORD MARLAND

Page 54, leave out lines 13 to 18 and insert “, in paragraph (f) (as inserted by section 20(7) of this Act), after “Part 1” insert “or section 72”.

( ) In section 81(2) of the Utilities Act 2000 (standard conditions of gas licences), after “Part 1” (as inserted by section 20(8) of this Act) insert “or section 72”.”

Before Clause 88

LORD MARLAND

Insert the following new Clause—

“Special administration under the Energy Act 2004

Amendment of section 166 of the Energy Act 2004

(1) Section 166 of the Energy Act 2004 (indemnities) is amended as follows.

(2) After subsection (3) insert—

“(3A) As soon as practicable after agreeing to indemnify persons under this section, the Secretary of State must lay a statement of the agreement before Parliament.”

(3) After subsection (6) insert—

“(6A) Where a sum has been paid out by the Secretary of State in consequence of an indemnity agreed to under this section, the Secretary of State must lay a statement relating to that sum before Parliament—

(a) as soon as practicable after the end of the financial year in which that sum is paid out; and

(b) (except where subsection (4) does not apply in the case of the sum) as soon as practicable after the end of each subsequent relevant financial year.

(6B) In relation to a sum paid out in consequence of an indemnity, a financial year is a relevant financial year for the purposes of subsection (6A) unless—

(a) before the beginning of that year, the whole of that sum has been repaid to the Secretary of State under subsection (4); and

(b) the company in question is not at any time during that year subject to liability to pay interest on amounts that became due under that subsection in respect of that sum.

Special administration under this Chapter”

Clause 92

LORD MARLAND

Page 72, line 31, at end insert—

“( ) In section 33(1) of the Utilities Act 2000 (standard conditions of licences under Part 1 of the Electricity Act 1989), after “72” (as inserted by section 73(6) of this Act) insert “or 92”.”

Page 72, line 34, at end insert—

“( ) Sections 4AA to 4B of the Gas Act 1986 (principal objective and general duties) apply in relation to the powers of the Secretary of State under this section with respect to holders of gas licences as they apply in relation to functions of the Secretary of State under Part 1 of that Act.

( ) Sections 3A to 3D of the Electricity Act 1989 (principal objective and general duties) apply in relation to the powers of the Secretary of State under this section with respect to holders of electricity licences as they apply in relation to functions of the Secretary of State under Part 1 of that Act.”

Page 72, line 35, leave out from “section” to end of line 37 and insert “—

(a) references to a gas licence are to a licence for the purposes of section 5 of the Gas Act 1986 (prohibition on unlicensed activities relating to gas), and

(b) references to an electricity licence are to a licence for the purposes of section 4 of the Electricity Act 1989 (prohibition on unlicensed activities relating to electricity)”

Clause 103

LORD MARLAND

Page 77, line 18, leave out “sections 9 and 11(2) to (4) and (8)” and insert “section 9”

Page 77, line 21, at end insert—

“( ) section (Acknowledgment of green deal plan in connection with other transactions etc)(3) (further provision made in regulations for acknowledgment of such a plan);”

Page 77, line 28, leave out “sections 10 and 11(5) to (7) and (9)” and insert “section 10”

Page 77, line 31, at end insert—

“( ) section (Acknowledgment of green deal plan in connection with other transactions etc)(4) (further provision made in regulations for acknowledgment of such a plan);”

Clause 104

LORD MARLAND

Page 78, line 7, leave out “sections 10 and 11(5) to (7) and (9)” and insert “section 10”

Page 78, line 10, at end insert—

“( ) section (Acknowledgment of green deal plan in connection with other transactions etc)(4) (further provision made in regulations for acknowledgment of such a plan);”

Page 78, line 22, leave out “88” and insert “(Amendment of section 166 of the Energy Act 2004)”

Page 78, line 35, leave out “, 8(1) and (5)(a)”

Page 78, line 35, after “11” insert “, 12(1), (2)(a), (3)(a) and (4)”

Page 78, line 38, leave out from “(except” to “paragraph)”

Page 78, line 39, after “12” insert “(2)(b), (3)(b) and (5)”

Schedule 1

LORD MARLAND

Page 80, line 11, leave out paragraph 3

Page 81, line 1, leave out paragraph (a)

Page 81, line 28, leave out paragraph 12 and insert—

“12 (1) Section 103 (overall carbon emissions reduction targets) is amended as follows.

(2) In subsection (1)—

(a) in the words before paragraph (a) for “by the Authority of its functions” substitute “of the functions of the Administrator”;

(b) in paragraph (b) omit “generators,”.

(3) In subsection (2)—

(a) in the words before paragraph (a) for “the Authority to apportion the target” substitute “the target to be apportioned”

(b) in paragraph (b) omit “electricity generators,”.

(4) In subsection (3) for “The Authority” substitute “The Administrator”.

(5) In subsection (4) omit “electricity generators,”.”