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Amendments to the Water Bill [HL]

Water Bill [HL]


AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE


 

Before Clause 1

 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

Insert the following new Clause—
  "Duty to conserve water resources
  The Secretary of State shall take all necessary steps to encourage the efficient use of water by all users and consumers."
 

Clause 1

 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

Page 2, line 9, after "days" insert "in any period of twelve calendar months"
 

Clause 2

 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

Page 2, line 42, at end insert—
"(   )  Any new impoundment work that is subject to the drainage consent process and contains less than 25,000 cubic metres of water and is operated so as to collect water in time of flood or in the months of January, February and March in any calendar year shall be exempt from this section."
 

Clause 3

 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

Page 4, line 39, leave out "otherwise" and insert "in relation to England"
Page 4, line 45, leave out from "means" to ", and" in line 47 and insert "the occupier of the land upon which the impounded water is held or is being discharged or the person operating the impounding machinery"
 

Clause 5

 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

Page 6, line 21, column 1, leave out—
  "A supply reservoir of the authority's"
Page 6, line 21, column 2, leave out—
  "A water system of the authority's with which that reservoir is connected."
Page 7, leave out lines 1 to 6
Page 7, line 11, leave out from "system" to "but" in line 12
 

Clause 6

 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

Page 7, line 39, leave out "the"
Page 7, line 39, leave out "of the occupier's household"
Page 7, line 43, leave out "of his household"
Page 7, line 43, leave out "the"
Page 8, line 10, at end insert "provided that such well or borehole does not impinge upon pre-existing licensed abstraction producing potable water"
 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

Page 8, line 27, at end insert—
"(   )  Any such intention on the part of the Secretary of State shall be advertised in the appropriate places and be made no sooner than six months after the placing of such an advertisement."
 

Clause 7

 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

Page 9, line 12, after "board" insert "or from an adjacent main river under the provisions of a current Water Level Management Plan"
Page 9, line 33, at end insert—
"(d)  flooding to domestic or commercial property"
Page 10, line 7, leave out "warping"
 

Clause 8

 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

Page 11, line 28, leave out second "that" and insert "this"
 

Clause 11

 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

Page 14, line 9, at end insert—
"(   )  he has a water efficiency programme which is regarded by the Agency as encouraging best use of the water resource."
 

Clause 13

 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

Page 15, line 16, at end insert—
"(   )  the willingness of the applicant to have regard to efficiency and sustainability in their use of water;
(   )  the likely effect of any abstraction on social management."
 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

Page 16, line 23, leave out lines 23 and 24
 

Clause 14

 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

Page 16, line 32, after "publish" insert "on its website"
Page 16, line 36, after first "way" insert "to be reviewed regularly by the Secretary of State"
 

Clause 17

 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

Page 20, line 26, leave out "four" and insert "seven"
 

Clause 18

 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

Page 21, line 20, at end insert—
"(f)  details of how the existence of a register will be made known to potential registrees."
 

Clause 19

 

THE BARONESS O'CATHAIN
THE BARONESS BYFORD

Page 22, line 21, at end insert—
"(5B)  In determining the period that a licence under this Chapter shall remain in force, the Agency shall take into account the following—
(a)  the life-expectancy of any associated infrastructure works (existing and prospective); and
(b)  the costs of those works (actual and projected), and the period over which those costs may reasonably be expected to have to be recovered."
 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

Page 22, line 23, at end insert—
"(   )  Every licence under this Chapter shall be subject to a duty to use the water abstracted in an efficient manner, so as to further water conservation."
 

Clause 20

 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

Page 22, line 28, leave out "whose term exceeded twelve months but"
 

THE BARONESS O'CATHAIN
THE BARONESS BYFORD

Page 23, line 15, at end insert—
"(5)  There shall be a presumption that any licence in respect of which the conditions of this section are met shall be renewed unless the Agency is able to show that revocation is necessary in order to protect any waters or underground strata, or any flora or fauna dependent on them, from serious damage."
 

Clause 23

 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

Page 28, line 25, leave out "four" and insert "seven"
 

Clause 25

 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

Page 30, line 34, leave out subsection (2)
 

THE BARONESS O'CATHAIN
THE BARONESS BYFORD

Page 30, line 34, at end insert—
"(2A)  After subsection (4) insert—
    "(   )  Subsection (4) above shall not apply while the possibility of the abstraction of water under the licence constitutes part of—
    (a)  any water resource management scheme maintained under section 20, 20A or 20B above; or
    (b)  any drought plan maintained under section 39B above.""
 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

Page 31, leave out lines 5 to 11 and insert "the variation is made no sooner than the end of the period of four years beginning with the date on which the licence took effect."
 

Before Clause 28

 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

Insert the following new Clause—
  "General provisions with respect to water
(1)  In section 6(2)(b) of the Environment Act 1995 (c. 25), at end insert "in particular the efficient use of water by all abstractors"."
 

Clause 28

 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

Page 32, line 40, leave out lines 40 and 41
 

Schedule 1

 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

Page 121, line 26, leave out "misbehaviour" and insert "inappropriate behaviour"
 

Clause 34

 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

Page 37, line 37, at end insert "and parties with whom the undertakers enter into a contractual relationship"
Page 38, line 13, at end insert—
"(   )  to pay regard to each others' duties of care to society, the environment and the economy;"
 

Schedule 2

 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

Page 124, line 21, leave out "misbehaviour" and insert "inappropriate behaviour"
Page 124, line 25, leave out "misbehaviour" and insert "inappropriate behaviour"
 

Clause 36

 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

Page 39, line 37, at end insert "and any water company holding a licence"
 

Clause 37

 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

Page 41, line 14, at end insert—
"(   )  The Council shall, as soon as is practicable after the end of each financial year, make to the Secretary of State a report (the "annual report" for that year) on—
(a)  its activities during the year;
(b)  the progress of the forward work programme for that year; and
(c)  such other matters as the Secretary of State may from time to time require."
 

Clause 38

 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

Page 42, line 1, at end insert "in a sustainable manner"
Page 42, line 13, leave out "protect the" and insert "ensure the best sustainable use of the water resource in the"
Page 42, line 15, at end insert—
"(   )  The Secretary of State shall define water poverty as those households spending over three per cent of their income on water charges."
Page 42, line 21, at end insert—
"(   )  students in full time education;"
 

THE BARONESS O'CATHAIN
THE BARONESS BYFORD

Page 42, line 46, at end insert—
"(2F)  In performing the duty under subsection (2A)(c) above the Secretary of State or, as the case may be, the Authority shall—
(a)  act in accordance with the current direction issued under section 5A(6) below;
(b)  have regard to the long term interests of consumers;
(c)  without prejudice to the generality of the foregoing, ensure that appointed companies are able to fund on reasonable terms all required investment programmes and the long term maintenance of their assets;
(d)  apply to all appointed companies all determinations and conclusions of the Competition Commission (including all methodologies adopted by the Commission) which relate to any such company."
 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

Page 43, line 26, at end insert—
"(   )  to have regard to the Water Framework Directive and proposals for Water Framework Directive-related programmes when taking pricing decisions."

 
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©Parliamentary copyright 2003
21 March 2003