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Energy Bill [HL]

My Lords, this is a probing amendment. It may help the Minister to know that I am just seeking some clarification because I was puzzled. In an earlier debate, the noble Lord, Lord Jenkin of Roding, referred to the complexity of some of the legislation. We have to go back to previous legislation and previous Energy Acts to understand the Bill before us today. I did that. Section 46 of the Energy Act 2008 relates to the approval of funded decommissioning programmes and the Section 48 referred to here is about the modification of such funded decommissioning programmes. I do not understand why it is necessary—and if it is necessary, it seems rather a Henry VIII clause—to insert into Section 48 of the Energy Act that: ““When approving a”” funded decommissioning, "““programme the Secretary of State may agree to exercise, or not to exercise, the section 48 power … in a particular manner … within a particular period””." What on earth does that mean? If the Minister can enlighten me, I will be very grateful. The reset of the clause goes on in the same way. It seems unnecessary because if you read Section 48 of the 2008 Act, those powers seem to be available already. ““In a particular manner”” and ““within a particular period”” are very wide and do not make much sense to enable the reader of this legislation to understand why the Minister thinks we need to insert in legislation that seems already clear to me ““in a particular manner”” and ““within a particular period””. If he is able to enlighten me, I will be very grateful.