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Energy Bill [HL]

5: Clause 3 Page 5, line 12, at end insert ““; (f) withdraw authorisation from a body authorised for the purposes of subsection (1)(a) as a body whose members are authorised to act as green deal participants”” 6: Clause 8 page 8, line 32, leave out from ““takes”” to ““in”” in line 33 and insert ““one or more of the following actions as required by the framework regulations”” 7: Clause 12 page 10, line 29, after ““must”” insert ““, in relation to the document, or each document, required to be produced or updated as mentioned in section 8(4)”” 8: Clause 12 page 10, line 30, leave out from ““document”” to ““has”” and insert ““or, if the requirement to produce or update the document”” 9: Clause 13 page 11, line 19, leave out from ““obtain”” to ““has”” and insert ““a document required to be produced or updated as mentioned in section 8(4) or, if the requirement to produce or update such a document”” 10: Clause 17 page 14, line 3, at end insert— ““(3A) Provision made by virtue of subsection (2)(b) which falls within subsection (3)(c) may include provision requiring the holder of the licence, where a bill payer has failed to pay a sum due under an energy bill, to remit a proportion of any payment received to a green deal provider.”” 11: Clause 17 page 14, line 21, at end insert ““or nominated by a green deal provider”” 12: Clause 19 page 15, line 15, leave out from ““for”” to end of line 17 and insert ““one or both of the following two purposes only. (2A) The first purpose is the purpose of requiring, at specified times, the holder of the licence to provide bill payers with specified information in connection with their green deal plans. (2B) The second purpose is the purpose of requiring the holder of the licence to disclose on request specified information about the payment of energy bills by a person who is, or is to be, the bill payer for a property in respect of which there is, or is proposed to be, a green deal plan. (2C) The only persons to whom the licence holder may be required to disclose information by virtue of subsection (2B) are— (a) where there is a green deal plan, the green deal provider under the plan; (b) where there is proposed to be a green deal plan, a person who is authorised under the framework regulations to act as a green deal provider. (2D) The licence holder may be required to disclose the information requested only where— (a) the green deal provider or authorised person states that the request is made for purposes connected with the green deal plan or proposed green deal plan; (b) the green deal provider or authorised person provides evidence that the bill payer has consented to— (i) disclosure of the information to that provider or person for those purposes, and (ii) onward disclosure of the disclosed information to and by other persons for those purposes; (c) the information relates to a time within the 5 years immediately preceding the request; and (d) the licence holder has the information.”” 13: Clause 19 page 15, line 18, after ““power”” insert ““under subsection (1)”” 14: Clause 19 page 15, line 19, leave out ““form”” and insert ““manner or form, or subject to specified requirements or restrictions”” 15: Clause 19 page 15, line 19, at end insert— ““(4) Conditions included in a licence under section 7A(1) of the Gas Act 1986 by virtue of the power under subsection (1) and the purpose mentioned in subsection (2B) may do any of the things authorised by section 7B(5)(a)(i) or (iii) of that Act (which applies to the power of the Gas and Electricity Markets Authority with respect to licence conditions under section 7B(4)(a)). (5) Conditions included in a licence under section 6(1)(d) of the Electricity Act 1989 by virtue of the power under subsection (1) and the purpose mentioned in subsection (2B) may do any of the things authorised by section 7(3)(a) or (c) or (4) of that Act (which applies to the power of the Gas and Electricity Markets Authority with respect to licence conditions under section 7(1)(a)).”” 16: Clause 21 page 16, line 9, leave out subsection (2) 17: After Clause 28, insert the following new Clause— ““Early repayment of green deal finance (1) The Consumer Credit Act 1974 is amended as follows. (2) After section 95A (compensatory amount to creditor in relation to early repayment) insert— ““95B Compensatory amount: green deal finance (1) This section applies where— (a) a regulated consumer credit agreement provides for the rate of interest on the credit to be fixed for a period of time (““the fixed rate period””), (b) the agreement is a green deal plan (within the meaning of section 1 of the Energy Act 2011) which is of a duration specified for the purposes of this section in regulations, and (c) under section 94 the debtor discharges all or part of his indebtedness during the fixed rate period. (2) The creditor may claim an amount equal to the cost which the creditor has incurred as a result only of the debtor’s indebtedness being discharged during the fixed rate period if— (a) the amount of the payment under section 94 is not paid from the proceeds of a contract of payment protection insurance, and (b) such other conditions as may be specified for the purposes of this section in regulations are satisfied. (3) The amount in subsection (2)— (a) must be fair, (b) must be objectively justified, (c) must be calculated by the creditor in accordance with provision made for the purposes of this section in regulations, and (d) must not exceed the total amount of interest that would have been paid by the debtor under the agreement in the period from the date on which the debtor makes the payment under section 94 to the date fixed by the agreement for the discharge of the indebtedness of the debtor. (4) If a creditor could claim under either section 95A or this section, the creditor may choose under which section to claim.”” (3) In section 94 (right to complete payments ahead of time)— (a) in subsection (1) after ““section 95A(2)”” insert ““or section 95B(2)””; (b) in subsection (5) after ““section 95A(2)”” insert ““or section 95B(2)””. (4) In subsection (2)(c) of section 97A (duty to give information on partial repayment) after ““section 95A(2)”” insert ““or section 95B(2)””.”” Amendments 5 to 17 agreed. Amendment 18 Moved by