Clause 95 - Modifications of particular or standard conditions

Energy Bill [Lords] – in a Public Bill Committee at 5:15 pm on 16th June 2011.

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Photo of Charles Hendry Charles Hendry The Minister of State, Department of Energy and Climate Change 5:15 pm, 16th June 2011

I beg to move amendment 63, in clause 95, page 76, line 32, after ‘conditions of’, insert ‘generation, distribution and supply’.

Photo of David Crausby David Crausby Labour, Bolton North East

With this it will be convenient to discuss the following: Government amendments 64 and 65.

Government new clause 17—Amendment of section 137 of the Energy Act 2004.

Government amendment 80.

Photo of Charles Hendry Charles Hendry The Minister of State, Department of Energy and Climate Change

I am pleased that we have been able to make so much progress. These are technical amendments, which deal with the Secretary of State’s powers to amend transmission and interconnector licences. Clause 95 empowers the Secretary of State to amend gas and electricity licences in order to put in place a cost recovery mechanism should we ever need to use energy supply company administration. Government amendments 63, 64 and 65 will ensure that if interconnector licences are modified under this clause, the modifications form part of the standard conditions of those licences, which are provided for in section 146 of the Energy Act 2004.

Government new clause 17 ensures that if the standard conditions of transmission licences are modified under clause 95, or under any of the other powers to modify transmission licences contained in the Energy Acts of 2008 or 2010, those modifications are reflected in section 137 of the Energy Act 2004, which governs standard conditions of transmission licences. This amendment will, among other things, cover modifications to transmission licences made as a result of clause 71 of the Bill, which enables the Secretary of State to modify those licences for the purposes of the smart meter roll-out. Government amendment 80 adjusts the long title of the Bill to reflect this new clause.

Amendment 63 agreed to.

Amendments made: 64, in clause 95, page 76, line 35, after ‘conditions of’, insert ‘transporter, supply and shipping’.

Amendment 65, in clause 95, page 76, line 37, at end insert—

‘(11A) In section 146(5) of the Energy Act 2004 (standard conditions of interconnector licences under Part 1 of the Electricity Act 1989), for “or under this Act” substitute “, under this Act or under section 95 of the Energy Act 2011”.

(11B) In section 150(5) of the Energy Act 2004 (standard conditions of interconnector licences under Part 1 of the Gas Act 1986), for “or under this Act” substitute “, under this Act or under section 95 of the Energy Act 2011”.’.—(Charles Hendry.)

Clause 95, as amended, ordered to stand part of the Bill.

Clauses 96 to 100 ordered to stand part of the Bill.

Ordered, That further consideration be now adjourned. —(Mr Vara.)

Adjourned till Tuesday 21 June at half-past Ten o’clock.