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

House of Lords

back to previous amendments

 

Clause 47

 

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

158Page 59, line 9, leave out "(1) or"
159Page 59, line 48, after "two" insert "calendar"
160Page 60, line 20, leave out "10%" and insert "1%"
161Page 61, line 4, leave out from "failure" to end of line 10
161A*Page 62, line 26, after "interest" insert ", at bank rate plus 1%,"
 

Clause 48

 

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

161B*Page 63, line 7, leave out subsection (2)
161C*Page 63, line 15, leave out subsection (3)
 

After Clause 53

 

THE BARONESS O'CATHAIN
THE BARONESS BYFORD

162Insert 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.""
 

THE LORD BORRIE

162A*Insert the following new Clause—
  "Determination references under section 12 of the WIA No. 2
  In section 12 of the WIA after subsection (3) there is inserted—
    "(3C)(a)  For the purposes of subsection (3)(b)(ii) the principles there referred to shall permit, but not require, the Competition Commission, in re-determining any disputed price limit which a relevant undertaker had required the Director to refer to it, to include in that re-determination any allowance for all or part of that relevant undertaker's costs.
    (b)  In paragraph (a) above "relevant undertaker's costs" means—
    (i)  the costs which it incurred in preparing for and pursuing its case before the Commission; and
    (ii)  any costs (whether of the Director or the Commission) which are to be recovered from that relevant undertaker under or by virtue of any condition of its appointment."."
 

Schedule 4

 

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

162B*Page 132, leave out lines 4 to 6
162C*Page 132, leave out lines 36 to 40
 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

163Page 134, line 46, after "Authority;" insert—
"(   )  the Consumer Council for Water;"
164Page 136, line 24, at end insert—
"(   )  on the Consumer Council for Water;"
165Page 140, line 18, at end insert "; and
(v)  the Consumer Council for Water"
166Page 141, line 10, at end insert "; and
(v)  the Consumer Council for Water"
 

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

166A*Page 141, line 43, at end insert—
    "(   )  the modifications are such that no holder of a water supply licence will cause, by virtue of those modifications, any disadvantage to any water undertaker"
166B*Page 143, line 23, after "it" insert "and put it into the public domain"
166C*Page 143, leave out lines 30 to 36
166D*Page 147, line 7 after "Assembly;" insert—
    "(iii)  each relevant licence holder;"
166E*Page 147, leave out lines 9 and 10
166F*Page 147, leave out lines 22 to 32
166G*Page 147, line 47, leave out from "modifications" to end of line 2 on page 148
 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

167Page 148, line 34, at end insert "; and
(iv)  the Consumer Council for Water"
 

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

167A*Page 149, line 18, leave out from beginning to end of line 12 on page 151
 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

168Page 150, line 37, at end insert "; and
(vi)  the Consumer Council for Water"
 

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

168ZA*Page 151, line 13, leave out from beginning to end of line 38 on page 152
 

THE LORD WHITTY

168APage 162, line 36, leave out first "supply" and insert "introduction"
168BPage 163, line 14, leave out from "that" to end of line 16 and insert "an introduction designated under this section as a strategic supply no longer constitutes such a supply, it shall cancel its designation."
168CPage 163, line 18, leave out "a supply" and insert "an introduction"
168DPage 163, line 24, leave out "a supply" and insert "an introduction"
168EPage 163, line 25, leave out second "supply" and insert "introduction"
168FPage 163, line 28, at end insert—
    "66GGDesignation of collective strategic supply
    (1)  Subsection (2) below applies if at any time the Authority determines that two or more introductions of water—
    (a)  which are made by a licensed water supplier; and
    (b)  which a water undertaker is required to permit under section 66B or 66C above in accordance with agreements under section 66D above,
      constitute a collective strategic supply of water.
    (2)  The Authority shall designate the introductions as a collective strategic supply.
    (3)  Subsection (4) below applies if—
    (a)  a water undertaker requests the Authority to make a determination that two or more introductions of water constitute a collective strategic supply for the purposes of subsection (1) above, or
    (b)  the Authority otherwise proposes to make a determination that two or more introductions of water constitute a collective strategic supply for the purposes of that subsection.
    (4)  The Authority shall give notice of the request or proposed determination to—
    (a)  the Secretary of State;
    (b)  the Assembly;
    (c)  the Environment Agency;
    (d)  the other party or parties, or the parties, to the agreements under section 66D above; and
    (e)  such other persons (if any) as the Authority thinks it appropriate to notify.
    (5)  Any such notice shall specify the time (not being less than twenty-eight days from the date on which the notice was given) within which representations or objections with respect to the request or proposed determination may be made.
    (6)  The Authority shall consider any representations or objections which are duly made and not withdrawn.
    (7)  If the Authority determines that introductions designated under this section as a collective strategic supply no longer constitute such a supply, it shall cancel their designation.
    (8)  If the Authority proposes to make a determination under subsection (7) above that introductions no longer constitute a collective strategic supply, it shall give notice of the proposed determination to the persons specified in paragraphs (a) to (d) of subsection (4) above.
    (9)  Subsection (5) above applies to a notice under subsection (8) above as it applies to a notice under subsection (4) above (and subsection (6) above applies accordingly).
    (10)  For the purposes of this section, introductions of water are a collective strategic supply if, without those introductions being made, there is a substantial risk that the water undertaker would be unable to maintain supplies to its own customers as well as supplying the customers of the licensed water supplier in question with water for domestic purposes."
 

Schedule 8

 

THE LORD WHITTY

168GPage 183, line 21, after "introduction" insert "or introductions"
168HPage 183, line 30, after "introduction" insert "or introductions"
168JPage 183, line 42, after "below" insert "or the introductions of water by it which are so permitted are designated as a collective strategic supply under section 66GG below"
168KPage 184, line 42, at end insert—
"(   )      Section 27 (general duty of Authority to keep matters under review) is amended as follows.
(   )      In subsection (1), for the words from "water" to the end there is substituted—
    "(a)  water undertakers or sewerage undertakers carry out functions; and
    (b)  licensed water suppliers carry on activities authorised by their licences."
(   )      In subsection (2)—
(a)  after paragraph (a) there is inserted—
    "(aa)  the carrying on by companies holding licences under Chapter 1A of this Part of the activities authorised by their licences; or"; and
(b)  in paragraph (b), for "such company" there is substituted "company mentioned in paragraph (a) or (aa) above".
(   )      In subsection (4), at the end of paragraph (b) there is inserted "or
    (c)  the activities authorised by retail licences or combined licences; or
    (d)  the carrying on of any such activities by a company holding any such licence.""
168LPage 184, line 42, at end insert—
"(   )      Section 39A (information to be given to customers about overall performance) is amended as follows.
(   )      In subsection (1), after "customers" there is inserted ", and, if the direction so specifies, licensed water suppliers using the undertaker's supply system for the purpose of supplying water to the premises of customers or those customers,".
(   )      After subsection (2) there is inserted—
    "(2A)      The licensed water suppliers referred to in subsection (1) above shall, if the Authority so directs, pass on the information about the matters mentioned in that subsection to their customers.
    (2B)      In subsection (1) above, the reference to the water undertaker's supply system shall be construed in accordance with section 17B(5) above."
(   )      In subsection (3), after "undertaker" there is inserted "or licensed water supplier"."
168MPage 187, line 41, at end insert—
    "(   )      Where a duty is imposed by this section in respect of any premises, any breach of the duty which causes the owner or occupier of the premises to sustain loss or damage shall be actionable at the suit of that owner or occupier; but, in any proceedings brought against a water undertaker in pursuance of this subsection, it shall be a defence for the undertaker to show that it took all reasonable steps and exercised all due diligence to avoid the breach."
168NPage 192, line 13, leave out "licensed water supplier which provides" and insert "water undertaker whose supply system is used for the purpose of a licensed water supplier making"
168PPage 192, leave out lines 20 and 21
168QPage 192, line 22, leave out second "that" and insert "the"
168RPage 192, line 32, leave out "that" and insert "the"
168SPage 192, line 45, leave out "(1A)(a)" and insert "(1A)"
168TPage 193, line 2, at end insert—
"(   )      Section 78 (local authority's functions in relation to undertaker's supplies) is amended as follows.
(   )      In subsection (1)(a), after "undertaker" there is inserted ", or by a licensed water supplier using that undertaker's supply system,".
(   )      After subsection (2), there is inserted—
    "(3)      In subsection (1)(a) above, the reference to the water undertaker's supply system shall be construed in accordance with section 17B(5) above.""
168UPage 193, line 2, at end insert—
"(   )      Section 86 (enforcement of water quality) is amended as follows.
(   )      In subsection (1)(b), for "by a water undertaker" there is substituted "using a water undertaker's supply system".
(   )      In subsection (2)(a)(i), for the words from "by" to "above" there is substituted "or a licensed water supplier by or under any of sections 68, 69 or 79 above or imposed on a relevant person (as defined in subsection (1A) of section 70 above) by or under that section".
(   )      In subsection (3), after "undertaker" there is inserted ", licensed water supplier or other relevant person (as defined in section 70(1A) above)".
(   )      In subsection (4), for paragraph (c) there is substituted—
    "(c)  at any reasonable time require—
    (i)  any water undertaker or licensed water supplier to supply him with copies of, or extracts from, the contents of any records kept for the purpose of complying with any duty or other requirement imposed on that undertaker or supplier by or under any of sections 68, 69 or 79 above; or
    (ii)  any relevant person (as defined in subsection (1A) of section 70 above) to supply him with copies of, or extracts from, the contents of any records kept for the purpose of complying with any duty or other requirement imposed on that person by or under that section."
(   )      In subsection (6), after "undertaker" there is inserted ", licensed water supplier or other relevant person"."
168VPage 194, line 27, at end insert—
      "In section 148 (restriction for charging for metering works), in subsection (2), after paragraph (c) there is inserted—
    "(cc)  any sums which it is entitled to recover under an agreement under section 66D above;"."
168WPage 194, line 39, at end insert—
      "In section 163 (power to fit stopcocks), in subsection (1), after "the undertaker" there is inserted "or a licensed water supplier.""
168XPage 195, line 22, at end insert "or 66GG"
168YPage 198, line 16, after "introduction" insert "or introductions"
168ZPage 198, line 27, after "introduction" insert "or introductions"

 
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1 April 2003