Session 2010-11
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Energy Bill [HL]


AMENDMENTS
TO BE MOVED
ON REPORT

Before Clause 1

BARONESS SMITH OF BASILDON

LORD GRANTCHESTER

LORD DAVIES OF OLDHAM

Insert the following new Clause—

“Purpose of this Part

(1) The principal purpose of this Part is to deliver energy savings from the domestic building stock, which will make commensurate contributions to—

(a) the achievement of the target contained in section 1(1) of the Climate Change Act 2008 and the carbon budget set for each budgetary period under Part 1 of the Climate Change Act 2008; and

(b) the elimination of fuel poverty by the target date required by section 2(2)(d) of the Warm Homes and Energy Conservation Act 2000.

(2) In performing functions, exercising powers and reviewing the effectiveness of the green deal under this Part, the Secretary of State must have regard to—

(a) the principal purpose set out in subsection (1); and

(b) the recommendations from time to time of the Committee on Climate Change where these are adopted by the Secretary of State.”

Clause 3

BARONESS SMITH OF BASILDON

LORD GRANTCHESTER

LORD DAVIES OF OLDHAM

Page 3, line 42, leave out “may” and insert “must”

Page 4, line 27, at end insert—

“( ) Regulations for fees payable under this section may establish a reduced fee for charities and social enterprises applying for initial or continued authorisation as green deal participants.”

Page 4, line 28, leave out “may” and insert “must”

Page 4, line 43, leave out “may” and insert “must”

Page 5, line 4, leave out “may” and insert “must”

Clause 4

BARONESS SMITH OF BASILDON

LORD GRANTCHESTER

LORD DAVIES OF OLDHAM

Page 5, line 24, at end insert—

“( ) An assessment made and provided under this section must clearly detail those energy efficiency improvements that qualify under the green deal.

( ) In making an assessment, the assessor must include all energy efficiency improvements options that qualify under the green deal.

( ) Nothing in this section prevents a green deal assessor from identifying energy efficiency improvements in their assessment that—

(a) sit outside the green deal; or

(b) collectively exceed the total amount qualifiable under a green deal plan, where this is clearly identified on the assessment.”

Page 5, line 33, at end insert “, and that person has disclosed (in writing and verbally) their connection and any potential conflict of interest between their functions as an assessor and their connection with any green deal installer or green deal provider to the improver and the bill payer”

Clause 6

BARONESS SMITH OF BASILDON

LORD GRANTCHESTER

LORD DAVIES OF OLDHAM

Page 7, line 42, at end insert—

“( ) Where consent to green deal improvements is sought by an improver, that consent shall not be unreasonably withheld.”

Clause 31

BARONESS SMITH OF BASILDON

LORD GRANTCHESTER

LORD DAVIES OF OLDHAM

Page 20, line 14, leave out “a court or tribunal” and insert “the High Court”

Page 20, line 18, leave out subsection (3)

Clause 33

BARONESS SMITH OF BASILDON

LORD GRANTCHESTER

LORD DAVIES OF OLDHAM

Page 21, line 37, at end insert—

“( ) Before making regulations or an order under this Chapter, the Secretary of State must report to Parliament with proposals on green deal apprenticeships.”

After Clause 33

BARONESS SMITH OF BASILDON

LORD GRANTCHESTER

LORD DAVIES OF OLDHAM

Insert the following new Clause—

“Annual report

(1) The Secretary of State must report annually to Parliament on the operation of the scheme, with particular reference to—

(a) the number of properties that have green deal plans; and

(b) the geographical uptake of the scheme across the country.

(2) The Secretary of State must lay a statement in either House within 60 days of—

(a) a resolution of either House of Parliament; or

(b) a recommendation of a committee of either House of Parliament, in respect of the annual report laid before Parliament under subsection (1).”

Clause 37

BARONESS SMITH OF BASILDON

LORD GRANTCHESTER

LORD DAVIES OF OLDHAM

Page 23, line 18, leave out subsection (1) and insert—

“( ) The power of the Secretary of State to make regulations under this section is exercisable only if the Secretary of State considers that the regulations—

(a) will improve the energy efficiency of the non-domestic PR properties to which the regulations relate; and

(b) will not materially decrease the number of properties available for rent.”

Page 24, line 21, leave out subsection (8)

Clause 40

BARONESS SMITH OF BASILDON

LORD GRANTCHESTER

LORD DAVIES OF OLDHAM

Page 26, line 4, leave out subsection (1) and insert—

“( ) The power of the Secretary of State to make regulations under this section is exercisable only if the Secretary of State considers that the regulations—

(a) will improve the energy efficiency of domestic PR properties to which the regulations relate; and

(b) will not materially decrease the number of properties available for rent.”

Page 26, line 36, leave out subsection (6)

Clause 43

BARONESS SMITH OF BASILDON

LORD GRANTCHESTER

LORD DAVIES OF OLDHAM

Page 28, line 26, leave out subsection (1) and insert—

“( ) The power of the Secretary of State to make regulations under this section is exercisable only if the Secretary of State considers that the regulations—

(a) will improve the energy efficiency of the non-domestic PR properties to which the regulations relate; and

(b) will not materially decrease the number of properties available for rent.”

Page 29, line 18, leave out subsection (7)

Clause 50

BARONESS SMITH OF BASILDON

LORD GRANTCHESTER

LORD DAVIES OF OLDHAM

Page 32, line 25, leave out subsection (1) and insert—

“( ) The power of the Secretary of State to make regulations under this section is exercisable only if the Secretary of State considers that the regulations—

(a) will improve the energy efficiency of the Scottish domestic PR properties to which the regulations relate; and

(b) will not materially decrease the number of properties available for rent.”

Page 33, line 29, leave out subsection (8)

Clause 53

BARONESS SMITH OF BASILDON

LORD GRANTCHESTER

LORD DAVIES OF OLDHAM

Page 35, line 13, leave out subsection (1) and insert—

“( ) The power of the Secretary of State to make regulations under this section is exercisable only if the Secretary of State considers that the regulations—

(a) will improve the energy efficiency of the Scottish domestic PR properties to which the regulations relate; and

(b) will not materially decrease the number of properties available for rent.”

Page 36, line 1, leave out subsection (6)

Clause 56

BARONESS SMITH OF BASILDON

LORD GRANTCHESTER

LORD DAVIES OF OLDHAM

Page 37, line 39, leave out subsection (1) and insert—

“( ) The power of the Secretary of State to make regulations under this section is exercisable only if the Secretary of State considers that the regulations—

(a) will improve the energy efficiency of the Scottish non-domestic PR properties to which the regulations relate; and

(b) will not materially decrease the number of properties available for rent.”

Page 38, line 31, leave out subsection (7)

Clause 61

BARONESS SMITH OF BASILDON

LORD GRANTCHESTER

LORD DAVIES OF OLDHAM

Page 40, line 23, at end insert—

“( ) In subsection (1) (promotion of the efficient use by consumers of gas) at the beginning insert—

“To assist with achieving the purpose in section 1 of the Energy Act 2011,””

Clause 62

BARONESS SMITH OF BASILDON

LORD GRANTCHESTER

LORD DAVIES OF OLDHAM

Page 42, line 39, at end insert—

“( ) In subsection (1) (promotion of reduction in carbon emissions: electricity generators, distributors and suppliers) at the beginning insert—

“To assist with achieving the purpose in section 1 of the Energy Act 2011,””

Before Clause 78

BARONESS SMITH OF BASILDON

LORD GRANTCHESTER

LORD DAVIES OF OLDHAM

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

(3) 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 informatin, 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.

(4) In this section “sufficient funds” includes any insurance able to be claimed by the licensee in the circumstances outlined in subsection (1).”