Committee (2nd Day)

Part of Energy Bill [HL] – in the House of Lords at 4:01 pm on 9th September 2015.

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Relevant documents: 6th and 7th Reports from the Delegated Powers Committee, 4th Report from the Constitution Committee

Clauses 37 to 39 agreed.

Clause 40: Amount of financial penalty

Amendment 32

Moved by Lord Bourne of Aberystwyth

32: Clause 40, page 22, line 6, at end insert—

“( ) The OGA must lay any guidance issued under this section, and any revision of it, before each House of Parliament.”

Amendment 32 agreed.

Clause 40, as amended, agreed.

Clauses 41 to 56 agreed.

Amendment 33

Moved by Lord Bourne of Aberystwyth

33: After Clause 56, insert the following new Part—

““Part 2AInfrastructure

Requirements to provide information

(1) The Energy Act 2011 is amended as follows.

(2) In section 87 (powers to require information), after subsection (5) insert—

“(5A) A notice under subsection (1), (2) or (3) that imposes a requirement on a person must specify when the requirement is to be complied with.”

(3) After that section insert—

“87A Appeals against requirements to provide information

(1) Any person on whom a requirement is imposed by a notice under section 87(1), (2) or (3) may appeal against the notice to the Tribunal on the grounds that—

(a) the information required by the notice is not relevant to the exercise by the OGA of its functions under this Chapter, or

(b) the length of time given to comply with the notice is unreasonable.

(2) On an appeal under this section the Tribunal may—

(a) confirm, vary or cancel the notice, or

(b) remit the matter under appeal to the OGA for reconsideration with such directions (if any) as the Tribunal considers appropriate.

(3) In this section “the Tribunal” means the First-tier Tribunal.

87B Sanctions for failure to provide information

(1) A requirement imposed by a notice under section 87(1), (2) or (3) is to be treated for the purposes of Chapter 5 of Part 2 of the Energy Act 2016 (power of the OGA to impose sanctions) as a petroleum-related requirement.

(2) But the OGA may not give a revocation notice or an operator removal notice under that Chapter by virtue of this section.””