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

House of Lords

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Before Clause 55

 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

169Insert the following new Clause—
  "Health and safety
(1)  The Secretary of State and the Water Services Regulation Authority shall consult the Health and Safety Executive about all safety issues which may be relevant to the carrying out of any of their respective functions under Part I of the WIA.
(2)  The Secretary of State and the Water Services Regulation Authority shall, in carrying out their respective functions under Part I of the WIA, take into account any advice given by the Health and Safety Executive about any safety issue (whether or not in response to consultation under subsection (1)).
(3)  For the purpose of this section a safety issue is anything concerning the abstraction, storage, treatment or conveyance through pipes of water, or the storage, treatment or conveyance through pipes of sewage or trade effluent, which may affect the health and safety of—
(a)  members of the public, or
(b)  persons employed in connection with the above-mentioned activities.
(4)  Sections 2 and 2A of the WIA and subsections (1) to (3) above do not apply in relation to anything done by the Water Services Regulation Authority—
(a)  in the exercise of functions relating to the determination of disputes, or
(b)  in the exercise of functions under section 31(4A) of the WIA.
(5)  The Water Services Regulation Authority may, nevertheless, when exercising any function under section 31(4A) of the WIA, have regard to any matter in respect of which a duty is imposed by section 2 or 2A of the WIA or subsections (1) to (3) above if it is a matter to which the Director General of Fair Trading could have regard when exercising that function.
(6)  The duties imposed by sections 2 and 2A of the WIA and subsections (1) to (3) above do not affect the obligation of the Secretary of State or the Water Services Regulation Authority to perform or comply with any other duty or requirement (whether arising under this Act or another enactment, by virtue of any Community obligation or otherwise)."
170Insert the following new Clause—
  "Water conservation duty for all public bodies
  It is the duty of—
(a)  any Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975 (c. 26));
(b)  any government department; and
(c)  the National Assembly for Wales;
  in carrying out his or its functions, to have regard, so far as is consistent with the proper exercise of those functions, to the purpose of furthering the conservation of water."
 

Clause 59

 

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

171Page 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;"
 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

171APage 73, line 12, at end insert—
"(e)  the environmental implications of the supply of the quantities of water required to meet those obligations."
 

After Clause 59

 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

171B*Insert the following new Clause—
  "Water conservation duty for all public bodies
  It is the duty of—
(a)  any Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975);
(b)  any Government department;
(c)  the National Assembly for Wales;
(d)  a person holding an office—
(i)  under the Crown;
(ii)  created or continued in existence by a public general Act of Parliament,
  the remuneration in respect of which is paid out of money provided by Parliament;
(e)  a statutory undertaker (meaning the persons referred to in section 262(1), (3) and (6) of the Town and Country Planning Act 1990); and
(f)  any other public body of any description,
  in carrying out his or its functions to have regard, so far as is consistent with the proper exercise of those functions, to the purpose of furthering the conservation of water."
 

Clause 60

 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

172Page 77, line 11, at end insert—
    "(   )  It shall be the duty of each abstractor to produce a drought plan."
172APage 77, line 31, at end insert—
"(e)  the environmental implementation implications of the supply of the quantities of water required to meet those obligations."
 

Clause 63

 

THE LORD LIVSEY OF TALGARTH

173Page 80, line 18, leave out from "State" to end of line 19 and insert "shall continue to consult local flood defence committees in conjunction with regional flood defence committees before any statutory instrument is laid before Parliament or the Assembly to revoke a local flood defence scheme"
 

After Clause 63

 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

174Insert the following new Clause—
  "Reorganisation of regional flood defence committees
(1)  Section 15 of the Environment Act 1995 (c. 25) (composition of regional flood defence committess) is amended as follows.
(2)  After subsection (5) there is inserted—
    "(5A)  Where the Secretary of State has revoked any local flood defence scheme under section 18A of this Act, in appointing members of retained or new regional flood defence committees, the Secretary of State shall have regard to the desirability of appointing persons who have knowledge and experience of flood defence in the local areas of those committees.""
 

Clause 64

 

THE LORD LIVSEY OF TALGARTH

175Page 81, line 12, at end insert "; or
    (e)  retain local flood defence committees for river systems to operate in conjunction with regional flood defence committees.""
176Page 81, line 12, at end insert—
"(   )  After sub-paragraph (2) there is inserted—
    "(2A)  The Agency shall assume responsibility for the management of all non-main river streams from local authorities.
    (2B)  The Agency shall consult with the local flood defence committee on all aspects of local management of a river system."."
 

After Clause 68

 

THE LORD LIVSEY OF TALGARTH
THE BARONESS MILLER OF CHILTHORNE DOMER

177Insert the following new Clause—
  "Freshwater fisheries
  The Agency shall have the power to promote the development of ecologically sustainable fresh water fisheries."
 

Clause 69

 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

178Page 83, line 21, at end insert—
"(   )  in subsection (1) of section 1 (ambit of Act and interpretation) after "for navigations" there is inserted "and shall not include any reservoir which it is established poses negligible risk to public safety","
 

Clause 72

 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

179Page 85, line 16, after "may" insert "after consultation with all interested parties"
 

THE EARL PEEL

179APage 85, line 17, after first "a" insert "large, raised"
 

Clause 76

 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

180Page 88, line 20, at end insert—
"(   )  The Secretary of State shall require appliances using water to be labelled so as to be clear to the purchaser the volume of water they may expect the appliance to require in order to fulfil the purpose for which it is purchased."
 

Clause 78

 

THE LORD WHITTY

181Page 90, leave out lines 39 to 42
 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

 The above-named Lords give notice of their intention to oppose the Question that Clause 78 stand part of the Bill.
 

After Schedule 6

 

THE BARONESS O'CATHAIN
THE BARONESS BYFORD

182Insert the following new Schedule—
 "SCHEDULE 6A
Regulatory appeals
      After Schedule 15 to the WIA there is inserted—
 "SCHEDULE 16
Regulatory appeals

 PART 1
  Reservoirs Act 1975

Legislative provisionDescriptionDecision-makers
Section 12AFlood plansSecretary of State
The Assembly
Environment Agency

 PART 2
 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
licences
Secretary of State

 PART 3
 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 206
To the extent that such
provisions relate to the
public disclosure of
information
The 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 4
 Water Act 2003

Legislative provisionDescriptionDecision-makers
Section 27Deprivation of right to
compensation in
relation to abstraction
licences
Secretary of State""
 After Clause 80
 

THE LORD HASKEL

183Insert the following new Clause—
  "Discharge consents: removing restrictions on review
(1)  Schedule 10 to the WRA is amended as follows.
(2)  In paragraph 7(2), the words "Subject to such restrictions on the exercise of the power conferred by this sub-paragraph as are imposed under paragraph 8 below," are omitted.
(3)  In paragraph 7(4), the words ", subject to such restrictions on the exercise of the power conferred by virtue of paragraph (c) above as are imposed under paragraph 8 below," are omitted.
(4)  Paragraphs 7(5) and (6) are omitted.
(5)  Paragraph 8 is omitted.
(6)  After paragraph 7(1) there is inserted—
    "(1A)  Where any consent given under paragraph 3 or 6 above authorises a discharge—
    (a)  of any substances defined as a priority substance by Directive 2000/60/EC; or
    (b)  into any controlled waters which do not meet the definition of "good surface water status" set out in Directive 2000/60/EC,
      the Agency shall review such consent and the conditions (if any) to which the consent is subject at least once in every period of four years beginning with the day on which the consent takes effect or, if applicable, the day on which any previous review under this paragraph was concluded.".
(7)  In paragraph 7(3) after "a review under sub-paragraph (1)", there is inserted "or (1A)"."
 

Clause 82

 

THE LORD LIVSEY OF TALGARTH
THE BARONESS MILLER OF CHILTHORNE DOMER

184Page 96, line 2, at end insert—
"(ab)  after subsection (1) there is inserted—
    "(   )  The Agency shall continue to monitor water quality and chemical and bacterial pollution, through water sampling, and is empowered to act to enforce compliance at the source and advise alternatives where chemical processes impact upon discharges.""

 
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1 April 2003