Moved by
Lord Callanan
41: Clause 99, page 90, line 10, leave out from “use” to end of line 15 and insert “relevant infrastructure (whether existing or proposed)”
Member's explanatory statement
This amendment and Lord Callanan’s amendment at page 91 line 6 revise the definition of “relevant infrastructure” for the purposes of Clause 99.
42: Clause 99, page 90, line 19, leave out subsection (3)
Member's explanatory statement
This amendment and Lord Callanan’s amendment at page 90 line 21 and first amendment at page 90 line 25 revise and clarify the description of the power conferred by subsection (1).
43: Clause 99, page 90, leave out line 21 and insert “Without prejudice to the generality of subsection (1), regulations under that subsection may amend, revoke or replace or make provision similar or corresponding to—”
Member's explanatory statement
See the explanatory note for Lord Callanan’s amendment at page 90 line 19.
44: Clause 99, page 90, line 25, at end insert—
“(4A) Regulations under subsection (1)—
(a) may confer functions (including discretions) on any person;
(b) may confer jurisdiction on a court or tribunal;
(c) may create criminal offences or impose civil penalties;
(d) may make other provision about enforcement;
(e) must provide for any offences created by the regulations to be triable —
(i) only summarily, or
(ii) either summarily or on indictment.”
Member's explanatory statement
See the explanatory note for Lord Callanan’s amendment at page 90 line 19.
45: Clause 99, page 90, line 25, at end insert—
“(4B) Where regulations under subsection (1) impose a civil penalty, they must also provide for a right of appeal against the imposition of the penalty.”
Member's explanatory statement
This amendment provides that regulations under Clause 99(1) that contain provision imposing a civil penalty must also include provision for a right of appeal against the imposition of the penalty.
46: Clause 99, page 90, line 28, leave out “economic regulator” and insert “GEMA”
Member's explanatory statement
This amendment ensures that the correct defined term is used for the Gas and Electricity Markets Authority.
47: Clause 99, page 91, line 6, at end insert—
“(7) In this section “relevant infrastructure” means—
(a) a site for the geological storage of carbon dioxide that is situated in a regulated place, or
(b) a pipeline, situated in a regulated place, which is used or intended to be used to convey carbon dioxide to a site falling within paragraph (a),
and any associated installations, apparatus or works.
(8) For the purposes of this section a site or pipeline is situated in a “regulated place” if it is situated—
(a) in the United Kingdom, or
(b) in, under or over—
(i) the internal waters of the United Kingdom,
(ii) the territorial sea adjacent to United Kingdom, or
(iii) waters in a Gas Importation and Storage Zone (within the meaning given by section 1 of the Energy Act 2008).
(9) In this section “geological storage” has the same meaning as in Part 1 (see section 55).”
Member's explanatory statement
See Lord Callanan’s amendment at page 90, line 10.