Clause 13 - Powers for carrying out functions
Energy Bill [Lords]
10:30 am
Mr Stephen Timms (Minister of State (e-Commerce & Competitiveness), Department of Trade and Industry; East Ham, Labour)
I hope that I can provide the reassurance that the hon. Gentleman seeks. Clause 13(1) provides the NDA with all the general powers necessary to carry out its functions or which are incidental to so doing. The drafting is quite normal in that respect. Subsection (2) serves to identify specific powers, which might not be thought to fit within the general provision, to provide clarity. The amendments would reverse that arrangement by implying that the only powers the NDA has are those in subsection (2), which should be added to only by order, subject to affirmative resolution.
I accept that these are probing amendments, but I think the hon. Gentleman would agree that bodies established by legislation should be given the powers necessary to perform their functions in that legislation. We should not later have to introduce secondary legislation to allow the body to function. If the amendment were to be accepted without an order immediately being made, the NDA could operate a non-nuclear generating station such as Fellside under subsection (2)(a), but it could not do any of the routine things, such as leasing buildings and purchasing IT, that would be necessary for it to operate.
I hope that the hon. Gentleman is reassured by my explanation of subsection (1) and the more specific list in subsection (2), and that he withdraws the amendment.