Water Bill [HL]—
Amendments to be debated in the House of Lordscontinued

House of Lords

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Clause 40

 

THE BARONESS O'CATHAIN
THE BARONESS BYFORD

Page 46, line 16, after "research" insert "and the appraisal"
Page 46, line 27, after "for" insert—
"(a)"  
Page 46, line 29, at end insert "and
(b)  a quantitative economic and statistical appraisal of the costs and benefits of his proposals to be carried out."
Page 46, line 29, at end insert—
"(7A)  The Secretary of State shall not proceed with any proposal for the making of regulations under subsection (4) above where it is apparent from the appraisal made under subsection (7)(b) above that the financial impact of the regulations would outweigh their benefit."
 

Clause 41

 

THE BARONESS O'CATHAIN
THE BARONESS BYFORD

Page 47, line 46, after "research" insert "and the appraisal"
Page 48, line 10, after "for" insert—
"(a)"  
Page 48, line 12, at end insert "and
(b)  a quantitative economic and statistical appraisal of the costs and benefits of his proposals to be carried out."
Page 48, line 12, at end insert—
"(7A)  The Secretary of State shall not proceed with any proposal for the making of regulations under subsection (4) above where it is apparent from the appraisal made under subsection (7)(b) above that the financial impact of the regulations would outweigh their benefit."
 

Clause 42

 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

Page 49, leave out lines 13 to 35 and insert—
    "(   )  Subject to subsection (7) below, in the exercise of its function under this section, the Council shall have regard to the need for excluding from such proposals, advice, information and views, so far as practicable—
    (a)  any matter which relates to the affairs of an individual, where the publication of that matter would or might, in the opinion of the Council, seriously and prejudicially affect the interests of that individual; and
    (b)  any matter which relates specifically to the affairs of a particular body of persons, whether corporate or unincorporate, where publication of that matter would or might, in the opinion of the Council, seriously and prejudicially affect the interests of that body."
Page 49, line 45, leave out first "to" and insert "and"
Page 50, leave out from beginning of line 25 to end of line 3 on page 51 and insert—
"(   )  In publishing such advice or information, the Council shall have regard to the need for excluding from it, so far as that is practicable—
(a)  any matter which relates to the affairs of an individual, where the publication of that matter would or might, in the opinion of the Council, seriously and prejudicially affect the interests of that individual; and
(b)  any matter which relates specifically to the affairs of a particular body of persons, whether corporate or unincorporate, where publication of that matter would or might, in the opinion of the Council, seriously and prejudicially affect the interests of that body."
 

Clause 43

 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

Page 51, line 27, at end insert "or a licensed water supplier"
Page 51, line 29, after "may" insert "reasonably"
Page 51, leave out lines 31 and 32
Page 51, line 31, leave out "not"
Page 51, line 35, at end insert—
"(   )  Subject to subsection (3), the Council may enforce any direction made under subsection (1) above."
Page 52, leave out lines 7 to 28 and insert—
"(   )  In publishing a notice under subsection (1) above, the Council shall have regard to the need for excluding from such notice, so far as it is practicable—
(a)  any matter which relates to the affairs of an individual, where the publication of that matter would or might, in the opinion of the Council, seriously or prejudicially affect the interests of that individual; and
(b)  any matter which relates specifically to the affairs of a particular body of persons, whether corporate or unincorporate, where publication of the matter would or might, in the opinion of the Council, seriously and prejudicially affect the interests of that body."
Page 53, leave out lines 24 to 46
 

Clause 44

 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

Page 54, leave out lines 7 to 9
Page 54, leave out lines 22 to 24
Page 54, leave out lines 32 and 33
 

Clause 45

 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

Page 54, leave out lines 38 to 40 and insert—
"(1)  This section applies to a complaint which any person ("the complainant") has against a "relevant company" (being a company which is a relevant undertaker or a licensed water supplier) in relation to any matter connected with the functions of that relevant company as a relevant undertaker or licensed water supplier."
Page 55, line 4, leave out "subsection (9) below" and insert "subsections (2A) or (9) below"
Page 55, line 4, at end insert—
"(2A)  Where the investigation of a complaint falling within subsection (1) above shows that the relevant company has in any matter relating to its functions—
(a)  failed adequately to consult the complainant, before or in the course of discharging its functions, about the manner in which they are discharged; or
(b)  by acting unreasonably or is at fault in the manner of its discharge of its functions, has caused the complainant to suffer loss or damage or to be subjected to inconvenience,
  the Council may direct the relevant company to pay to the complainant an amount, not exceeding #5,000, in respect of that failure, loss, damage, or inconvenience.
(2B)  The Council shall not under subsection (2A) above direct a relevant company to pay any amount to a complainant in respect of any loss, damage or inconvenience for which compensation is recoverable under any other enactment except in so far as it appears to it appropriate to do so by reason of any failure of the amount of any such compensation to reflect the fact that it was not reasonable for the relevant company to cause the complainant to sustain the loss or damage or to be subjected to the inconvenience.
(2C)  The relevant company may, by giving notice to the Authority and its consumer, appeal to the Authority against a direction made under subsection (2A) above on the grounds that it is unreasonable to make a direction or it is unreasonable to make a direction to pay the amount which the relevant company has been directed to pay.
(2D)  On receipt of any such notice, the Authority shall—
(a)  request from the Council a statement of reasons why the direction was made and why it was made for the amount for which it was made; and
(b)  invite the relevant company and the consumer to submit evidence and representation, and thereafter the Authority may, if it considers that the direction is unreasonable, either quash the direction or increase or decrease the amount of the payment (but so that it shall not exceed #5,000).
(2E)  A person to whom any amount is required, in pursuance of a direction under this section, to be paid by a relevant company shall be entitled to recover that amount from that relevant company by virtue of this section.
(2F)  The Secretary of State may by regulations substitute a different amount for the time being specified in subsection (2A) and (2C) above."
Page 55, leave out lines 14 to 20 and insert—
"(5)  Where it appears to the Council that the complaint relates to a matter which constitutes or might constitute an offence committed by a relevant company in its capacity as a water undertaker or a licensed water supplier, the Council shall refer the matter—
(a)  to the Assembly, if the matter relates to a relevant company which supplies water wholly or mainly to premises situated in Wales; or
(b)  to the Secretary of State, if the matter relates to any other company."
Page 55, line 24, leave out "shall" and insert "may"
Page 55, line 25, at end insert "or set a level of compensation payable to the complainant by the undertaker"
Page 55, line 32, leave out "undertaker" and insert "company"
Page 55, line 33, leave out "undertaker" and insert "company"
Page 55, line 41, leave out "undertaker" and insert "company"
Page 56, line 1, leave out "undertaker" and insert "company"
 

Clause 46

 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

Page 56, line 26, leave out from first "consumers" to end of line 27
Page 57, line 21, leave out "in pursuance of subsection (6)(c) or (7)(c) above"
Page 57, line 25, leave out "(6)(c) or (7)(c)" and insert "(5)"
 

After Clause 53

 

THE BARONESS O'CATHAIN
THE BARONESS BYFORD

Insert the following new Clause—
  "Rules for the award of costs or expenses
  After paragraph 7 of Schedule 7A to the Competition Act 1998 there is inserted—
"(8)  Rules shall make provision in the case of references under the authority of section 12 of the WIA—
(a)  for the award of costs or expenses, including any allowances payable to persons in connection with their attendance before the Competition Commission;
(b)  for taxing or otherwise settling any costs or expenses directed to be paid by the Competition Commission and for the enforcement of any such direction.
(9)  In making provision for the matters in paragraph 8 the rules shall set out the principles to be followed for the award of costs or expenses and for taxing or otherwise settling such costs or expenses.""
 

Clause 59

 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH
THE EARL OF MAR AND KELLIE

Page 73, line 10, after "measures;" insert—
"(   )  the recreational purposes to which areas of open water, within the undertaker's control, may be used to the benefit of the public;"
 

After Schedule 6

 

THE BARONESS O'CATHAIN
THE BARONESS BYFORD

Insert the following new Schedule—
 "SCHEDULE 6A
 Regulatory Appeals
      After Schedule 15 to the WIA there is inserted—
 "SCHEDULE 16
 Regulatory Appeals
 PART I
 RESERVOIRS ACT 1975
Legislative ProvisionDescriptionDecision-Makers
Section 12AFlood PlansSecretary of State
The Assembly
Environment Agency
 PART II
 WATER RESOURCES ACT 1991
Legislative ProvisionDescriptionDecision-Makers
Section 20BWater Resource
Management Schemes
Secretary of State
Section 61Deprivation of the right to compensation in relation to abstraction licencesSecretary of State
 PART III
 WATER INDUSTRY ACT 1991
Legislative ProvisionDescriptionDecision-Makers
Section 21Final Enforcement OrdersSecretary of State
The Assembly
The Authority
Section 22EFinancial PenaltiesSecretary of State
The Assembly
The Authority
Sections 27C to 27J, 29, 29A, 192B, 201 and 206To the extent that such provisions relate to the public disclosure of informationThe Council
The Authority
Sections 37B and 37CWater Resource
Management Plans
Secretary of State
Water Undertakers
Sections 39B and 39CDrought PlansSecretary of State
Water Undertaker
Section 101ARural SewerageEnvironment Agency
Sections 132 and 133(6)Special Category EffluentEnvironment Agency
 PART IV
 WATER ACT 2003
Legislative ProvisionDescriptionDecision-Makers
Section 27Deprivation of right to compensation in relation to abstraction licencesSecretary of State

""
 

Clause 95

 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

Page 119, line 14, at end insert—
"(   )  Within 12 months of Royal Assent, the Secretary of State shall lay before Parliament a report on the state of the water legislation, together with a timetable for a consolidation programme covering the water legislation and a draft consolidation bill covering this Act and previous related Acts."

 
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21 March 2003