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Amendments to the Water Bill [HL]

Water Bill [HL]


THIRD
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE


      The amendments have been marshalled in accordance with the Instruction of 17th March 2003, as follows—

Clauses 19 to 33
Schedule 1
Clause 34
Schedule 2
Clause 35
Schedule 3
Clauses 36 to 54
Schedule 4
Schedule 8
Clauses 55 to 78
Schedules 5 and 6
Clauses 79 to 93
Schedule 7
Schedule 9
Clauses 94 to 97

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 19

 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

56Page 22, line 21, 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."
 

THE LORD BEAUMONT OF WHITLEY

57Page 22, line 23, at end insert—
"(6)  All licences which were hitherto expressed under section 46(5) of the WRA as remaining in force until revoked, shall from 15th July 2012 state—
(a)  the date on which they take effect, and
(b)  the date on which they expire."
 

Clause 20

 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

58Page 22, line 28, leave out "whose term exceeded twelve months but"
59Page 22, line 32, leave out from third "the" to ", a" in line 34 and insert "period of three months after serving a notice on the holder of the licence stating that the expiry date has passed"
 

THE BARONESS O'CATHAIN
THE BARONESS BYFORD
THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

60Page 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."
 

THE LORD SUTHERLAND OF HOUNDWOOD

61Page 23, line 15, at end insert—
"(   )  In the event of an application under this section for a new licence to abstract water to prevent interference with any mining, quarrying or engineering operations (whether underground or surface), or to prevent damage to works resulting from any such operations (de-watering abstraction), the conditions in subsection (2) are varied in that the reference to abstraction taking place from the same point as the abstraction licence by the expiring licence refers to the abstraction point as being any point within the area which has the benefit of planning permission for the mining, quarrying or engineering operations.
(   )  In all other respects the requirement at subsection (2) above remain the same."
 

Clause 23

 

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

62Page 28, leave out lines 1 and 2
 

THE LORD WHITTY

63Page 28, line 20, after "shall" insert ", if the old licence was a full licence,"
 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

64Page 28, line 25, leave out "four" and insert "seven"
 

Clause 24

 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

65Page 29, line 31, after ""abstractor")" insert ", such abstraction being subject to licence,"
 

Clause 25

 

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

66Page 30, line 34, leave out subsection (2)
 

THE BARONESS O'CATHAIN
THE BARONESS BYFORD

67Page 30, line 34, at end insert—
"(2A)  After subsection (4) there is inserted—
"(   )  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

68Page 31, line 3, leave out "conditions" and insert "condition"
69Page 31, line 3, leave out "are" and insert "is"
70Page 31, line 4, leave out "Those conditions are" and insert "The condition is"
71Page 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."
 

Clause 26

 

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

72Page 31, line 33, at end insert—
"(   )  the holder of licence A has been informed of the extra efficiencies which would accompany the granting of licence B, has been given 60 working days to devise a means of matching them and thereafter has been unable to convince the Agency of their viability"
 

Clause 27

 

THE LORD BEAUMONT OF WHITLEY

73Page 32, line 9, leave out paragraph (c)
 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

 The above-named Lords give notice of their intention to oppose the Question that Clause 27 stand part of the Bill.
 

Before Clause 28

 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

74Insert the following new Clause—
  "General provisions with respect to water
  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

75Page 32, leave out lines 40 and 41
 

Clause 30

 

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

76Page 35, leave out lines 27 to 31
 

Schedule 1

 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

77Page 121, line 26, leave out "misbehaviour" and insert "inappropriate behaviour"
 

Clause 34

 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

77APage 37, line 10, after "undertakers" insert "and licenced water suppliers"
77BPage 37, line 13, at end insert "and licensed water suppliers"
77CPage 37, line 15, after "undertaker" insert "and licensed water supplier"
77DPage 37, line 18, at end insert—
"(6A)  The Secretary of State shall by direction provide for the allocation to a committee specified in the direction of any licensed water supplier not included in any direction made pursuant to subsection (5) above."
77EPage 37, line 21, after "undertakers" insert "and licensed water suppliers"
77FPage 37, line 23, after "undertaker" insert "and licensed water supplier"
77GPage 37, line 25, after "undertaker" insert "and licensed water supplier"
78Page 37, line 26, at end insert—
"(   )  Without prejudice to subsections (2) to (4), before—
(a)  making a modification to the conditions of an appointment pursuant to section 13 of this Act;
(b)  making a reference to the Competition Commission pursuant to section 14 of this Act;
(c)  giving any approval pursuant to section 143(6) of this Act;
(d)  making any decision which falls within paragraphs (a), (b) or (e) of section 195A of this Act; or
(e)  making any proposal to a relevant undertaker limiting its charges for the supply of water, the provision of sewerage services or the reception, treatment or disposal of trade effluent,
  the Authority, the Secretary of State or the Assembly, as the case may be, shall consult the Council, and shall take into account any views expressed by the Council."
78APage 37, line 32, after "undertakers" insert "and licensed water suppliers"
79Page 37, line 37, at end insert "and parties with whom the undertakers enter into a contractual relationship"
79APage 37, line 42, leave out "(unless the context otherwise requires)"
80Page 38, line 14, at end insert—
  "and to pay regard to each others' duties of care to society, the environment and the economy"
 

Schedule 2

 

THE LORD LIVSEY OF TALGARTH
THE BARONESS MILLER OF CHILTHORNE DOMER

81Page 124, line 14, at end insert "; or
(c)  reside in a rural area and have a direct relationship with rural interests"
 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

82Page 124, line 14, at end insert—
"(   )  In appointing persons under this paragraph the Secretary of State and the Assembly shall have regard to the desirability of including among the members one or more persons who have knowledge or experience of the agricultural or horticultural use of water."
83Page 124, line 21, leave out "misbehaviour" and insert "inappropriate behaviour"
84Page 124, line 25, leave out "misbehaviour" and insert "inappropriate behaviour"
 

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

85Page 127, line 1, after "State" insert ", from money collected from the companies holding appointments,"
 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

85APage 127, line 5, after "undertaker" insert "or a licensed supplier"
85BPage 128, line 9, at end insert "or licensed water suppliers"
85CPage 128, line 12, after "undertaker" insert "or a licensed water supplier"
85DPage 128, line 15, after "undertakers" insert "and licensed water suppliers"
 

Clause 36

86[Withdrawn]
 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

86APage 39, line 20, at end insert—
"(   )  The granting of a licence to a water supplier may require the payment by the licence holder of sums relating to any of the expenses mentioned in subsection (3)."
 

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

87Page 39, line 37, at end insert "and any water supplier holding a licence"
 

Clause 37

 

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

88Page 40, line 5, leave out "Before section 193" and insert "After section 192"
89Page 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

90Page 42, line 1, at end insert "in a sustainable manner"
 

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

90APage 42, line 1, at end insert "in the context of best management of the national water resource"
 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

91Page 42, line 13, leave out "protect the" and insert "ensure the best sustainable use of the water resource in the"
92Page 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."
 

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

92APage 42, leave out line 16 to 26
 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

93Page 42, line 21, after "areas;" insert—
"(   )  students in full time education;"
 

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

94Page 42, line 45, leave out "that power or the performance of that duty" and insert "those powers or the performance of those duties"
 

THE BARONESS O'CATHAIN
THE BARONESS BYFORD

95Page 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 BYFORD
THE DUKE OF MONTROSE
THE LORD DIXON-SMITH

96Page 43, leave out lines 24 to 26
 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

97Page 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;"
 

THE BARONESS O'CATHAIN
THE BARONESS BYFORD
THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

98Page 43, line 27, at end insert—
"(4)  In performing their duties under this Act, the Secretary of State, the Assembly and the Authority shall also have regard to the following—
(a)  the principles under which regulatory activities should be transparent, accountable, proportionate, consistent and targeted only at cases in which action is needed;
(b)  the desirability of promoting and facilitating the development and use of effective forms of self-regulation;
(c)  any other principles appearing to them to represent the best regulatory practice;
(d)  the desirability of encouraging investment and innovation in the water industry; and
(e)  the opinions of consumers and members of the public."
 

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

98APage 43, leave out line 30

 
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©Parliamentary copyright 2003
2 April 2003