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 55

 

THE LORD LIVSEY OF TALGARTH
THE BARONESS MILLER OF CHILTHORNE DOMER

170ZAPage 71, line 1, leave out "may" and insert "shall"
170ZBPage 71, line 3, leave out from "Wales" to end of line 7
170ZCPage 71, line 11, at end insert—
"(   )  The Drinking Water Inspector shall establish independent laboratory facilities for testing water quality for consumers in each region of England and Wales."
 

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

170APage 71, line 12, leave out subsection (7)
 

Clause 56

 

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

170BPage 72, line 15, at end insert "only in the circumstances that the person has failed to comply with subsection (2A) above"
 

Clause 57

 

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

 The above-named Lords give notice of their intention to oppose the Question that Clause 57 stand part of the Bill.
 

Clause 58

 

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

 The above-named Lords give notice of their intention to oppose the Question that Clause 58 stand part of the Bill.
 

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."
 

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

171AAPage 73, line 41, at end insert "; and
    (e)  any county council or metropolitan authority which has jurisdiction in all or part of the undertaker's area"
 

After Clause 59

 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

171BInsert 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."
 

THE BARONESS O'CATHAIN

171CInsert the following new Clause—
  "Restriction on undertakers' power to require fixing of charges by reference to volume
  In section 144B of the WIA (restriction on undertakers' power to require fixing of charges by reference to volume), in subsection (1)(c), after "prescribed" insert "by the Secretary of State following an application by the Environment Agency"."
 

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."
 

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

172ZAPage 77, line 25, leave out from "sources" to end of line 27
 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

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."
 

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

172BPage 77, line 41, leave out "three" and insert "five"
 

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."."
 

Clause 65

 

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

176APage 81, line 27, leave out subsection (1)
 

Clause 66

 

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

176BPage 82, leave out lines 36 to 42
 

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 74

 

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

179BPage 87, line 8, leave out subsection (3)
 

Clause 75

 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

179CPage 87, leave out lines 28 to 33
 

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."
 

After Clause 76

 

THE BARONESS MILLER OF CHILTHORNE DOMER

180AInsert the following new Clause—
  "General interpretation: discrete waters
  In subsection (1) (discrete waters) of section 221 of the WRA (general interpretation) for paragraph (b) there is substituted—
"(b)  any which are constructed for the sole purpose of water storage;"."

 
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9 April 2003