HL Deb 21 June 2000 vol 614 cc413-8

.—(1) This paragraph applies to any matter—

  1. (a) being investigated by the Director General of Electricity Supply or a consumers committee under section 45 of the 1989 Act (investigation of enforcement matters) immediately before the repeal by this Act of that section;
  2. (b) being investigated by a consumers' committee under section 46 of the 1989 Act (duty of consumers' committees to investigate certain matters) immediately before the commencement of section 22(2) above.

(2) If the matter being investigated is a matter which appears to the Council to be a matter which is or amounts to a complaint to which section 46 of the 1989 Act (as substituted by section 22(2) above) applies, the Council shall treat the matter as if it were a complaint referred to it under that section.

(3) In any other case the Authority shall either—

  1. (a) agree with the Council that the Council is to investigate the matter under section 46A of the 1989 Act (as inserted by section 23(2) above); or
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  3. (b) make such further investigations of the matter, and take such action, as it considers appropriate.

(4) Where the Council or the Authority is required by virtue of sub-paragraph (2) or (3) to investigate a matter, it may treat anything done by the Director General of Electricity Supply or a consumers' committee in investigating that matter as if done for the purposes of its own investigation.

(5) The Director General of Electricity Supply and the consumers' committees shall give the Authority and the Council such information or assistance as may be necessary to enable them to carry out their functions under this paragraph.").

The noble Lord said: With the leave of the Committee, I shall move Amendments Nos. 314 to 317 together. I beg to move.

On Question, amendments agreed to.

Schedule 7, as amended, agreed to.

Schedule 8 [Repeals]:

Lord McIntosh of Haringey moved Amendments Nos. 318 to 349:

Page 128, line 12, column 3, leave out from first ("the") to the end of line 15 and insert—

("East Midlands Region Electricity Consumers' Committee, the Eastern Region Electricity Consumers' Committee, the Office of the Director General of Electricity Supply, the Gas Consumers' Council, the Office of the Director General of Gas Supply, the London Region Electricity Consumers' Committee, the Merseyside and North Wales Region Electricity Consumers' Committee, the Midlands Region Electricity Consumers' Committee, the North Eastern Region Electricity Consumers' Committee, the North Western Region Electricity Consumers' Committee, the North of Scotland Region Electricity Consumers' Committee, the South Eastern Region Electricity Consumers' Committee, the South of Scotland Region Electricity Consumers' Committee, the South Wales Region Electricity Consumers' Committee, the South Western Region Electricity Consumers' Committee and the Southern Region Electricity Consumers' Committee.")
Page 128, line 23, column 3, at beginning insert—
("In Part II of Schedule 1, the entry for the Gas Consumers' Council.")

Page 128, line 24, column 3, after ("the") insert ("Chairman of a consumers' committee appointed under section 2 of the Electricity Act 1989, the Chairman of the Gas Consumers' Council, the").

Page 128, line 28, column 3, at beginning insert—
("In Part II of Schedule 1, the entry for the Gas Consumers' Council.")
Page 128, line 29, column 3, after ("the") insert ("Chairman of a consumers' committee appointed under section 2 of the Electricity Act 1989, the").
Page 128, line 37, column 3, at end insert—
("In section 6A(1), the words "after consultation with the Director".")
Page 129, line 5, column 3, at end insert ("in the licence"").
Page 129, line 5, column 3, at end insert—
("In section 8(1), the words "and sections 23(2), 26(1A) and 27(2) below".")
Page 129, line 8, column 3, at end insert—
("In section 22A(1), in paragraph (b) the words "in that area" (in both places where they appear) and the word "and" preceding paragraph (c).")
Page 129, line 11, column 3, leave out ("the word "33BB"") and insert ("subsection (5)(aa) and (b), subsection (7A), the word "33BB" in subsection (8) and subsection (9)").
Page 129, line 12, column 3, at end insert—
("Section 30(2)(b) (and the word "or" preceding it).")
Page 129, line 13, column 3, leave out ("32") and insert ("31")
Page 129, line 24, column 3, after ("words") insert (""notifications and directions under").
Page 129, line 30, column 3, at end insert—
("Section 40.")
Page 129, line 30, column 3, at end insert—
("Section 41.")
Page 129, column 3, leave out lines 31 to 33 and insert—
("Section 42.")
Page 129, line 33, column 3, at end insert—
("In section 47(7), the words from "and the" to the end.")
Page 129, line 36, column 3, leave out ("Section 48(4).") and insert ("In section 48, subsections (3) and (4).").
Page 129, line 40, column 3, after ("2B,") insert ("paragraph 7(2) and").
Page 129, line 46, column 3, at end insert ("and paragraph 8(4), (5) and (6)").
Page 129, line 46, column 3, at end insert ("and in paragraph 8(8) the words from "but this" to the end").
Page 129, line 46, column 3, at end insert—
("In Schedule 3, paragraph 20.")
Page 129, line 46, column 3, at end insert—
("In Schedule 7, paragraph 15(2).")
Page 130, line 8, column 3, at end insert—
("In section 10(1)(a), the words "a public electricity supplier or".")
Page 130, line 13, column 3, at end insert—
("In section 25(5), paragraphs (b) and (c).")
Page 130, line 29, column 3, at end insert—
("Section 57.")
Page 130, line 29, column 3, at end insert—
("In section 64(1), the
definition of "private electricity supplier", the definition of "public electricity supplier" and the definition of "tariff customer".")
Page 130, line 32, column 3, at end insert—
("In Schedule 3, paragraph 21")
Page 130, line 32, column 3, at end insert—
("In Schedule 7, in paragraph 1(7) the words from "as if- to the end.")
Page 130, line 32, column 3, at end insert —
("In Schedule 7, in paragraph 5(3) the words "a public electricity supplier or by", in paragraph 6(1) the words "a public electricity supplier or", paragraph 6(5), paragraph 10(3) and in paragraph 13 the definition of "electricity supplier".")
Page 130, line 42, column 3, at end insert—
("Section 8(2).")

Page 130, column 3, leave out lines 46 and 47 and insert ("31, 32, 33, 36, 41, 42(1)(a) and (2)(a), 48, 49 and 50").

The noble Lord said: With the leave of the Committee, I beg to move Amendments Nos. 318 to 349 en bloc.

On Question, amendments agreed to.

Schedule 8, as amended, agreed to.

Clause 106 agreed to.

Clause 107 [Short title, commencement and extent]:

Lord Kingsland moved Amendment No. 350: Page 109, line 20, leave out ("Utilities") and insert ("Gas and Electricity").

The noble Lord said: This Bill originally contained four public utilities—gas, electricity, telecommunications and water. It now contains only two. In my submission, it would be more accurate to describe this Bill in your Lordships' House as the Gas and Electricity Bill. I beg to move.

Baroness Sharp of Guildford

I rise to say that on these Benches we have some sympathy with this amendment.

Lord McIntosh of Haringey

Everyone involved in the industry, consumer groups and other interest groups has become accustomed to the title "Utilities Bill". To change it would serve no purpose and would confuse some of those who have had the patience to pursue our debate. We estimate that to amend the short title consistently throughout the Bill a further 13 amendments would have to be moved in addition to the amendment to Clause 107 itself. We oppose this amendment.

Lord Kingsland

I am naturally disappointed by the Minister's reply. I am very tempted to divide the House but, on mature reflection, I shall ask the Minister to think further about his rather categoric answer.

Lord McIntosh of Haringey

No, I shall not think further about my categoric answer.

Lord Kingsland

Nevertheless, I still invite him to do so, because we shall return to this matter at Report stage. Meanwhile, I beg leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Lord McIntosh of Haringey moved Amendments Nos. 351 to 352: Page 109, line 21, after ("section") insert ("and section 67)"). Page 109, line 23, at end insert— ("(2A) An order under subsection (2) may contain transitional provisions and savings relating to the provisions being brought into force by the order.").

The noble Lord said: With the leave of the Committee, I beg to move Amendments Nos. 351 to 352 en bloc.

On Question, amendments agreed to.

Clause 107, as amended, agreed to.

House resumed: Bill reported with amendments.

House adjourned at twenty minutes before midnight.