Energy Bill [HL] — 20 Apr 2004 at 21:57
moved Amendment No. 18:
After Clause 122, insert the following new clause-
"COMPLIANCE WITH SECTIONS 32 TO 32C OF THE 1989 ACT
(1) In section 25 of the 1989 Act (orders for securing compliance), in subsection (8), in the definition of "relevant requirement" for "32C" substitute "32D".
(2) In sections 32A(4) and 32A(7) of that Act (orders under section 32: supplementary), (which relate to information powers and other functions of GEMA), at end insert "or to any obligation arising under section 32D".
(3) After section 32C of the 1989 Act, insert-
"32D Prevention and remedying of default in compliance with sections 32 to 32C
(1) An order under section 32 may provide that an electricity supplier must pay such a sum to the Authority, corresponding to the supply of a given amount of electricity by the supplier in a particular period, as may be-
(a) necessary to make good in aggregate so much of any unrecovered default in the payments referred to in section 32C(1) (payment as alternative to complying with order under section 32) by other suppliers in previous periods as may be determined by or under the order; and
(b) determined by the Authority and published at least so long before the start of that period as may be specified in the order;
(2) Any sums received under subsection (1) shall be paid by the Authority to electricity suppliers in accordance with a system of allocation specified in the order.
(3) The system of allocation specified in the order may provide for payments to specified categories of electricity supplier only.
(4) Where the Secretary of State is satisfied that it would be proportionate to do so, and that competition in the supply of electricity would not in consequence be unduly distorted, the order may also make provision as to the form and extent of any measures which a supplier is to take for the purpose of securing its discharge of the renewables obligation.
(5) Without prejudice to the generality of subsection (4), such provision may-
(a) apply only to so much of the obligation as may be determined by or under the order;
(b) include a requirement on electricity suppliers to deposit from time to time with the Authority sums of money, certificates issued under section 32B (green certificates), or other financial security; and
(c) authorise the payment of interest by the Authority on any sums so deposited.
(6) The order may provide that any figures necessary to make or provide for the derivation of any calculation under this section can be estimated by the Authority or the Secretary of State.
(7) This section is without prejudice to the enforcement powers available to the Authority in relation to any provision of section 32 (obligation in connection with electricity from renewable sources) to 32D that is a relevant requirement within the meaning of section 25(8).""
On Question, Whether the said amendment (No. 18) shall be agreed to?
Their Lordships divided: Contents, 38; Not-Contents, 68.
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