Session 2010-11
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Energy Bill [HL]


SECOND
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT

The amendments have been marshalled in accordance with the Order tabled for 1st March 2011, as follows—

Clauses 99 to 102
Schedule 3
Clauses 103 to 105

Before Clause 99

LORD WHITTY

167

, insert the following new Clause—

“Compensation where the Secretary of State requests termination of offshore lease or agreement to lease

(1) The Secretary of State shall make a scheme (in this section, an “early termination compensation scheme”) to have effect where—

(a) a lease granted or agreement to lease has been made by the Crown Estates for the purpose of construction and operation of a generating station powered by wind, wave or tidal energy, or of equipment for transmission of electricity at a site in United Kingdom territorial waters or the REZ;

(b) that lease or agreement to lease gives the landlord power to determine the lease or agreement where the Secretary of State so requests on the basis that the whole site, or any part of it, is required in connection with oil or gas works or rights; and

(c) the landlord proposes to determine the lease or agreement, as regards the whole site or any part of it, as a result of such a request.

(2) An early termination compensation scheme—

(a) must require the owner of, or person seeking to exploit, the oil or gas works or rights in question to pay compensation to the full extent of the loss which is likely to be incurred including the recovery of any wasted expenditure, loss of profits and any consequential loss suffered as a result of such works, by the lessee or holder of the agreement to lease as a result of the determination;

(b) may, subject to paragraph (a), make such provision as the Secretary of State considers appropriate for the computation of compensation;

(c) must make provision for the procedure applicable to the making and determination of claims, including provision for resolution of matters, in the event of disagreement, by an independent body;

(d) must provide for the Secretary of State, when satisfied that compensation as required by the scheme has been agreed or resolved, so to certify in writing; and

(e) may contain such other provision as the Secretary of State considers appropriate.

(3) The landlord must not determine the lease or agreement to lease until the Secretary of State has certified the determination in accordance with subsection (2)(d).

(4) Subsections (1), (2), (5), (6), (7)(b) and (8) of section 33 apply, with the necessary modifications, to an early termination compensation scheme.”

After Clause 99

LORD JUDD

LORD GREAVES

BARONESS SMITH OF BASILDON

LORD GRANTCHESTER

168

Insert the following new Clause—

“Bodies able to produce and supply renewable energy

Production and supply of renewable energy by National Park authorities and the Broads Authority

(1) Section 11 of the Local Government (Miscellaneous Provisions) Act 1976 (production and supply of heat etc. by local authorities) is amended as follows.

(2) After subsection (1) insert—

“(1A) In subsection (1) the definition of a “local authority” shall be understood to include the Broads Authority and National Park authorities when applied to subsection (1)(a), (b) and (d) (production of heat or electricity or both; establishment and operation of generating stations for production of heat or electricity or both; and use or sale of heat or electricity).”

(3) In subsection (3), after “a local authority” insert “including the Broads Authority and National Park authorities”.”

After Clause 101

LORD LEA OF CRONDALL

BARONESS SMITH OF BASILDON

LORD GRANTCHESTER

LORD DAVIES OF OLDHAM

169

Insert the following new Clause—

“PART 4A Energy revenues, taxes and subsidies: equitable price effects

Energy revenues, taxes and subsidies: equitable price effects

(1) The Treasury shall publish an annual financial abstract of all fiscal and quasi-fiscal instruments, including revenues, tax expenditures and subsidies, which relate to the supply of energy, including hydrocarbons.

(2) The Office for Budget Responsibility shall produce annual assessments, having regard to each carbon budgetary period specified under the Climate Change Act 2008, of the incidence on each sector of the economy, including—

(a) manufacturing and services;

(b) public and private transport, including—

(i) road travel (by bus and private vehicles),

(ii) rail and air travel (both personal and freight);

(c) home and industrial heating.

(3) The Office for National Statistics shall publish in easily assimilable form an assessment of how each fiscal instrument or market intervention affects consumers with different levels of income.

(4) Both assessments shall be tabled for discussion at a periodic forum of industry, trade unions, consumers and other stakeholders; and the forum shall publish its minutes and executive summaries of documentation shall be circulated widely.”

Clause 103

LORD MARLAND

170

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

171

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);”

172

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

173

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

174

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

175

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);”

176

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

177

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

178

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

179

Page 78, line 38, leave out “(except sub-paragraphs (1) and (5)(a) of that paragraph)”

180

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