Clause 105 - Amendments of 1989 Act consequential on Chapter 1 of Part 3
Energy Bill [Lords]
3:45 pm

Mr Andrew Stunell (Chief Whip; Hazel Grove, Liberal Democrat)

I seek clarification from the Minister, particularly in relation to subsection (5), which refers to the extra-territorial operation of the Act. Does the clause extend all criminal and civil law offences to the areas covered by the legislation or does it refer to the offences that are specifically provided for in the Bill—those related to the licensing of and trespassing in zones? I looked at the explanatory notes, but they are silent on the point. It would be helpful to the Committee to have a clear understanding of what the Minister is asking us to approve.

Mr Nigel Griffiths (Parliamentary Under-Secretary, Department of Trade and Industry; Edinburgh South, Labour)

I am consulting my notes on the nature of the proceedings. I understand that the clause amends the Electricity Act to give it extra-territorial application. Proceedings in England and Wales can be issued only with the consent of the Secretary of State, which is provided for in the Bill. In Scottish law, criminal proceedings may be brought only by the Lord Advocate as the head of the Crown Office, so there are no specific provisions for Scotland in the Electricity Act. As a result of chapter 1 of part 3 of the Bill, the provision has extra-territorial effect. I will certainly come back to the Committee with details of the severity of the penalties and the nature of the offences that the provisions cover.

Mr Andrew Stunell (Chief Whip; Hazel Grove, Liberal Democrat)

I thank the Minister for his remarks. I would find it helpful if he were able to advise the Committee—either in writing or during our later discussions—of the effect of the provision. It is not that I seek to obstruct it, but we should be clear in our minds precisely what we are approving when we agree to the clause.

Question put and agreed to.

Clause 105 ordered to stand part of the Bill.