HL Deb 15 July 2004 vol 663 cc1391-2 18 Page 95, line 29, at end insert— "(7) For the purposes of this section—

  1. the amount received by the Authority by way of discharge payments for a period falls short of the amount due in respect of that period, and
  2. the amount received by the Northern Ireland authority by way of discharge payments for a period falls short of the amount due in respect of that period,

if, and to the extent that, the Authority or (as the case may be) the Northern Ireland authority would have received more by way of discharge payments if every renewables obligation or (as the case may be) Northern Ireland obligation for that period, so far as it was not otherwise discharged, had been discharged by payment. (8) In this section— "discharge payment", in relation to a period. means—

  1. a payment by virtue of paragraph (a) of subsection (1) for discharging (in whole or in part) an electricity supplier's renewables obligation for that period;
  2. so much of a payment by virtue of paragraph (b) of that subsection for securing that such an obligation is treated as discharged to any extent as does not exceed the payment that would have discharged that obligation to the same extent if it had been made before the day mentioned in that paragraph; or
  3. so much of any payment to the Northern Ireland authority as corresponds, in relation to a Northern Ireland obligation for that period, to anything falling within paragraph (a) or (b) above;

"Northern Ireland obligation" means a renewables obligation of a Northern Ireland supplier under Article 52 of the Energy (Northern Ireland ) Order 2003 (S.I. 2003/419 (N.I. 6)); "the relevant period"—

  1. in relation to a shortfall in amounts received by the Authority by way of discharge payments for a period, means that period; and
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  2. in relation to a shortfall in amounts received by the Northern Ireland authority by way of discharge payments for a period, means any period that includes the whole or a part of that period.""

Lord Whitty

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 18.

Moved, that the House do agree with the Commons in their Amendment No. 18.—(Lord Whitty.)

On Question, Motion agreed to.