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

House of Lords

back to previous amendments

 

Clause 40

 

THE BARONESS O'CATHAIN
THE BARONESS BYFORD

107Page 46, line 16, after "research" insert "and the appraisal"
 

THE BARONESS BYFORD
THE DUKE OF MONTROSE
THE LORD DIXON-SMITH

108*Page 46, line 22, after "undertakers" insert "or licensed suppliers"
 

THE BARONESS O'CATHAIN
THE BARONESS BYFORD

109Page 46, line 27, after "for" insert—
"(a)"  
110Page 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."
111Page 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."
 

THE BARONESS BYFORD
THE DUKE OF MONTROSE
THE LORD DIXON-SMITH

112*Page 46, line 34, at end insert—
"(   )  every licensed water supplier to which the regulations will apply;"
 

Clause 41

 

THE BARONESS O'CATHAIN
THE BARONESS BYFORD

113Page 47, line 46, after "research" insert "and the appraisal"
114Page 48, line 10, after "for" insert—
    "(a)"  
115Page 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."
116Page 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 BYFORD
THE DUKE OF MONTROSE

117*Page 48, line 31, at beginning insert "households containing"
118*Page 48, line 32, at beginning insert "households containing"
119*Page 48, line 33, at beginning insert "households containing"
120*Page 48, line 34, leave out "individuals residing" and insert "households"
 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

121Page 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."
 

THE BARONESS BYFORD
THE DUKE OF MONTROSE
THE LORD DIXON-SMITH

122*Page 49, leave out lines 33 to 35
 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

123Page 49, line 45, leave out first "to" and insert "and"
124Page 50, line 25, leave out from beginning 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."
 

THE BARONESS BYFORD
THE DUKE OF MONTROSE
THE LORD DIXON-SMITH

125*Page 51, leave out lines 1 to 3
 

Clause 43

 

THE BARONESS BYFORD
THE DUKE OF MONTROSE
THE LORD DIXON-SMITH

126*Page 51, line 26, at end insert "; or
(c)  a company holding a licence under Chapter 1A of this Part"
 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

127Page 51, line 27, at end insert "or a licensed water supplier"
128Page 51, line 29, after "may" insert "reasonably"
 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH
THE BARONESS BYFORD
THE DUKE OF MONTROSE

129Page 51, leave out lines 31 and 32
 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

130Page 51, line 31, leave out "not"
131Page 51, line 35, at end insert—
    "(   )  Subject to subsection (3) above, the Council may enforce any direction made under subsection (1) above."
132Page 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."
 

THE BARONESS BYFORD
THE DUKE OF MONTROSE
THE LORD DIXON-SMITH

133*Page 52, line 25, at end insert—
  "except where the Authority is the body which has failed to supply information, and in which case the Council shall have regard to advice from the Secretary of State as to the application of subsection (3)(c) above"
134*Page 52, leave out lines 26 to 28
135*Page 52, line 44, after "the" insert "relevant portfolio holder in the"
136*Page 53, line 11, at end insert—
"(   )  The Council may publish the reason for any failure to supply information requested under subsection (1) above."
 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

137Page 53, leave out lines 24 to 46
 

THE BARONESS BYFORD
THE DUKE OF MONTROSE
THE LORD DIXON-SMITH

138*Page 53, line 41, at end insert—
"(   )  The duty of the Authority to comply with an order under this section shall be enforceable by the Secretary of State under section 18 above."
 

Clause 44

 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH
THE BARONESS BYFORD
THE DUKE OF MONTROSE

139Page 54, leave out lines 7 to 9
140Page 54, leave out lines 22 to 24
141Page 54, line 32, leave out subsection (3)
 

Clause 45

 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

142Page 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."
143Page 55, line 4, after "subsection" insert "(2A) or"
144Page 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 subsections (2A) and (2C) above."
145Page 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."
146Page 55, line 24, leave out "shall" and insert "may"
147Page 55, line 25, at end insert "or set a level of compensation payable to the complainant by the undertaker"
148Page 55, line 32, leave out "undertaker" and insert "company"
149Page 55, line 33, leave out "undertaker" and insert "company"
150Page 55, line 41, leave out "undertaker" and insert "company"
 

THE BARONESS BYFORD
THE DUKE OF MONTROSE
THE LORD DIXON-SMITH

151*Page 55, line 44, after "Authority" insert "and"
 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

152Page 56, line 1, leave out "undertaker" and insert "company"
 

THE BARONESS BYFORD
THE DUKE OF MONTROSE
THE LORD DIXON-SMITH

153*Page 56, line 19, leave out subsection (2)
 

Clause 46

 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH
THE BARONESS BYFORD
THE DUKE OF MONTROSE

154Page 56, line 26, leave out from first "consumers" to end of line 27
 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

155Page 56, line 41, leave out from beginning to end of line 19 on page 57 and insert—
    "(   )  In the exercise of its powers under this section, the Council shall have regard to the need for excluding from such a report, 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 the matter would or might, in the opinion of the Council, seriously and prejudicially affect the interests of that body."
156Page 57, line 21, leave out "in pursuance of subsection (6)(c) or (7)(c) above"
157Page 57, line 25, leave out "(6)(c) or (7)(c)" and insert "(5)"

 
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©Parliamentary copyright 2003
26 March 2003