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Amendments to the Water Bill [HL]

Water Bill [HL]


AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE
[Supplementary to the Revised Marshalled List]


 

Schedule 4

 

THE LORD WHITTY

Page 162, line 36, leave out first "supply" and insert "introduction"
Page 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."
Page 163, line 18, leave out "a supply" and insert "an introduction"
Page 163, line 24, leave out "a supply" and insert "an introduction"
Page 163, line 25, leave out second "supply" and insert "introduction"
Page 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(6)  The Authority shall consider any representations or objections which are duly made and not withdrawn.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

Page 183, line 21, after "introduction" insert "or introductions"
Page 183, line 30, after "introduction" insert "or introductions"
Page 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"
Page 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.""
Page 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"."
Page 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."
Page 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"
Page 192, leave out lines 20 and 21
Page 192, line 22, leave out second "that" and insert "the"
Page 192, line 32, leave out "that" and insert "the"
Page 192, line 45, leave out "(1A)(a)" and insert "(1A)"
Page 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.""
Page 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"."
Page 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;"."
Page 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.""
Page 195, line 22, at end insert "or 66GG"
Page 198, line 16, after "introduction" insert "or introductions"
Page 198, line 27, after "introduction" insert "or introductions"
 

After Clause 91

 

THE BARONESS O'CATHAIN

Insert the following new Clause—
"Liability of owners etc. for charges in prescribed cases
(1)  In section 144 of the WIA (liability of occupiers etc. for charges) in subsection (1), after "of this section" insert "and of section 144AA below"
(2)  After section 144 of the WIA there is inserted—
(2)  Liability of owners etc. for charges in prescribed cases
(1)  In respect of any premises of a class prescribed for the purposes of this section, section 144 above shall take effect as if for the references throughout that section to the occupier, or the occupation of premises there, were substituted references to the owner or the ownership of such premises.
(2)  Regulations made for the purposes of subsection (1) above may provide—
(a)  that in relation to any premises of such a prescribed class as may be specified, subsection (1) above shall have effect as if for the references to owners and ownership of such premises there were substituted a reference to such persons and such rights as may be prescribed;
(b)  that persons of such a class as may be specified shall be excluded from the application of such Regulations notwithstanding that they are in relation to premises of a prescribed class the owner or such other person specified under paragraph (a) above;
(c)  that the owner or occupier of any premises of a class prescribed pursuant to subsection (1) above which are supplied with water or provided with sewerage services by a relevant undertaker in the course of carrying out its functions shall, when requested in writing to do so by the undertaker, provide the undertaker with such information as may be prescribed concerning the ownership or occupation of those premises;
(d)  that such statutory undertakers or public bodies as may be specified shall, when requested in writing to do so by the undertaker, provide the undertaker with such information as may be prescribed concerning the current or former ownership or occupation of any premises of a class prescribed pursuant to subsection (1) above which are or have been supplied with water or provided with sewerage services by a relevant undertaker in the course of carrying out its functions.""

 
 
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©Parliamentary copyright 2003
28 March 2003