Utilities Bill — Licence enforcement — 27 Jul 2000

Lords amendment agreed to.

Lords amendments Nos. 13 to 54 agreed to.

Lords amendment: No. 55, in page 24, line 3, leave out

(", after consultation with the Authority,").

I beg to move, That this House agrees with the Lords in the said amendment.

Mr. Deputy Speaker (Sir Alan Haselhurst):

With this it will be convenient to discuss Lords amendments Nos. 56 to 69, 102 to 106, 108 to 118, 121 to 124, 164, 165, 167, 169 to 171, 176, 177, 179, 182, 188, 198, 199, 204, 213 to 216, 218, 223, 224, 230, 231, 236 and 244.

to the affairs of a particular individual or body of persons

those likely to be affected.

Before making an order . . . the Secretary of State shall give notice . . . and shall consider any representations which are duly made in respect of the proposals and not withdrawn.

where, in consequence of a reference under section 12(1A), the Commission modifies under subsection (4)(b) the standard conditions of licences of any type, the Authority may make such incidental and consequential modifications as it considers necessary or expedient.

such incidental and consequential modifications as it considers necessary.

Lords amendment agreed to.

Lords amendments Nos. 56 to 69 agreed to.

Lords amendment: No. 70, in page 49, leave out lines 18 to 21 and insert--

("(b) a person ("the initial contributor") has made a payment to the distributor in respect of those expenses, the line or plant having been provided for the purpose of making a connection to any premises or distribution system as required by that person."").

A recent Offer study found that these generally range from approximately £9.50 to £27.50 per annum, although one company had a negative charge of around £4.50. The median surcharge is between £14 and £15 per annum.

any terms restricting any liability of the distributor for--

economic loss resulting from negligence which it is reasonable in all the circumstances for that person to be required to accept.

reasonable in all the circumstances for that person to be required to accept.

Lords amendment agreed to.

Lords amendment No. 71 agreed to.

Lords amendment: No. 72, in page 54, line 42, leave out subsection (6) and insert--

("(6) Subsection (3) shall cease to have effect.").

I beg to move, That this House agrees with the Lords in the said amendment.

Mr. Deputy Speaker:

With this it will be convenient to discuss Lords amendments Nos. 79 to 94, 98 to 100, 125, 138 to 140, 142, 173, 175, 186, 191, 222 and 238.

for any such sum to be adjusted from time to time for inflation by a method specified in the order . . .

including such a scale or index or such data in a form not current when the order was made, but in a subsequent form attributable to revision or any other cause and taking effect afterwards . . .

in a form not current when the order was made

Lords amendment agreed to.

Lords amendment: No. 73, in page 55, line 31, at end insert--

("( ) The Authority shall not impose a penalty on a licence holder under subsection (1) where it is satisfied that the most appropriate way of proceeding is under the Competition Act 1998.")

I beg to move, That this House agrees with the Lords in the said amendment.

Mr. Deputy Speaker:

With this it will be convenient to discuss Lords amendments Nos. 74 and amendments (a), (b) and (c) thereto, 75 and amendment (b) thereto, and 76 to 78, 126 and 127, amendments (a), (b) and (c) thereto, and 128, amendment (b) thereto and 129 to 131, 183, 201, 219, 220 and 237.

It being Seven o'clock, the debate stood adjourned.

Motion made, and Question put forthwith, pursuant to Standing Order No. 15 (Exempted business) and Order of 25th October 1999,

That, at this day's sitting, the Utilities Bill and the Postal Services Bill may be proceeded with, though opposed, until any hour.-- [Mr. Pope.]

Question agreed to.

Lords amendments again considered.

Question again proposed, That the House agrees with the Lords in the said amendment.

Lords amendment agreed to.

Lords amendment: No. 74, in page 56, line 39, at end insert--

("(6A) No penalty imposed by the Authority under this section may exceed 10 per cent. of the turnover of the licence holder (determined in accordance with provisions specified in an order made by the Secretary of State).

(6B) An order under subsection (6A) shall not be made unless a draft of the instrument containing it has been laid before and approved by a resolution of each House of Parliament.")

Amendment proposed to the Lords amendment: (c), leave out from "holder" to end and insert--

Question put, That the amendment to the Lords amendment be made:--

The House divided: Ayes 120, Noes 257.

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