House of Lords portcullis
House of Lords
Session 2002 - 03
Internet Publications
Other Bills before Parliament

Water Bill [HL]


Water Bill [HL]
Schedule 7 — Minor and consequential amendments
Part 1 — Abstraction and impounding

    174

 

  5        In section 57 (emergency variation of licences for spray irrigation purposes),

in subsection (3), for “neither discrete waters nor inland waters comprised in

an order under section 33 above” there is substituted “not discrete waters”.

  6        In section 61 (compensation for licence modified on direction of Secretary of

State), in subsection (1), for “55” there is substituted “56”.

5

  7        In section 66 (inland waters owned or managed by British Waterways

Board), subsection (2)(a) is omitted.

  8       (1)      Section 67 (ecclesiastical property) is amended as follows.

          (2)      In subsections (1) and (2), after “Where the relevant land belongs to a

benefice” there is inserted “or (in the case of a licence under this Chapter to

10

abstract water) where it is a benefice which has a right of access to the

relevant land”.

          (3)      In subsection (8), in the definition of “the relevant land”, for paragraph (a)

there is substituted—

                    “(a)                      the land to which an applicant for a licence to abstract water

15

is required by section 35 above to have a right of access;”.

  9        In section 71 (modification of local enactments), in subsection (4), “33,” is

omitted.

  10       In section 125 (specific exemptions from water resources charges),

subsection (2) is omitted.

20

  11       For Schedule 6 (which relates to the making of orders providing for

exemption from restrictions on abstraction) there is substituted—

“SCHEDULE 6

Sections 27A(4) and 39B(7)

 

Orders relating to abstraction of small quantities and compulsory

registration of protected rights

25

Notice of draft order

          1                (1)               An application to the Secretary of State for an order under section

27A(1) or 39B(3) of this Act (an “order”) shall be accompanied by

a draft of the proposed order.

                           (2)               Before submitting a draft order to the Secretary of State, the

30

Agency shall publish a notice—

                      (a)                     stating the general effect of the draft order;

                      (b)                     specifying the place where a copy of the draft order, and of

any relevant map or plan, may be inspected by any person

free of charge at all reasonable times during the period of

35

twenty-eight days beginning with the date of first

publication of the date; and

                      (c)                     stating that any person may within that period, by notice

to the Secretary of State, object to the making of the order.

                           (3)               A notice under this paragraph shall be published either—

40

                      (a)                     at least once in each of two successive weeks, in one or

more newspapers circulating in the area to which the draft

order relates; or

 

 

Water Bill [HL]
Schedule 7 — Minor and consequential amendments
Part 1 — Abstraction and impounding

    175

 

                      (b)                     in any other manner which, in any particular case, may be

certified by the Secretary of State to be expedient in that

case.

                           (4)               Not later than the date on which the notice is first published in

pursuance of sub-paragraph (2) above, the Agency shall serve a

5

copy of the notice on—

                      (a)                     every local authority (in its capacity as the local planning

authority), joint planning board or National Park authority

whose area consists of, includes or is included in the area

to which the draft order relates;

10

                      (b)                     any relevant water undertaker;

                      (c)                     any internal drainage board—

                             (i)                            whose district consists of, includes or is included in

the area to which the draft order relates;

                             (ii)                           from whose district water is discharged into any

15

relevant source of supply; or

                             (iii)                          into whose district water is discharged from any

relevant source of supply;

                      (d)                     any navigation authority, harbour authority or

conservancy authority having functions in relation to—

20

                             (i)                            any relevant source of supply; or

                             (ii)                           any related inland waters;

                      (e)                     if a relevant source of supply or related inland waters are

tidal waters in relation to which there is no such navigation

authority, harbour authority or conservancy authority, the

25

Secretary of State for Transport;

                      (f)                     any person authorised by a licence under Part 1 of the

Electricity Act 1989 to generate electricity who is (in that

capacity) the holder of a licence to abstract water under

Chapter 2 of Part 2 of this Act from—

30

                             (i)                            any relevant source of supply; or

                             (ii)                           any related inland waters;

                      (g)                     English Nature, if the area to which the order relates is or

includes England, or part of it;

                      (h)                     the Countryside Council for Wales, if the area to which the

35

order relates is or includes Wales, or part of it; and

                      (i)                     the Broads Authority (established under the Norfolk and

Suffolk Broads Act 1988), if the area to which the order

relates is or includes the Broads (as defined in that Act), or

part of it.

40

                           (5)               Where an application for an order is made, the Agency shall also

publish a notice in the London Gazette—

                      (a)                     stating that the draft order has been submitted to the

Secretary of State;

                      (b)                     naming the areas of each of the authorities or boards in

45

respect of which a copy of the notice is required to be

served under sub-paragraph (4)(a) above;

                      (c)                     specifying a place where a copy of the draft order and of

any relevant map or plan may be inspected; and

 

 

Water Bill [HL]
Schedule 7 — Minor and consequential amendments
Part 1 — Abstraction and impounding

    176

 

                      (d)                     where the notice required by sub-paragraph (2) above is

published in a newspaper, giving the name of the

newspaper and the date of an issue containing the notice.

                           (6)               In this paragraph—

                      (a)                     where a draft order makes provision generally (rather than

5

for a specified geographical area), references to the area to

which the order relates are to the whole area (whether

England, Wales or both of them) in relation to which the

order is applied;

                      (b)                     references to a National Park authority are to a National

10

Park authority established under Part 3 of the 1995 Act;

                      (c)                     a “relevant source of supply”, in relation to a draft order,

means—

                             (i)                            if the draft order relates only to particular sources

of supply (or a class of them) in an area, any of

15

those sources of supply (or any source of supply in

that class) in that area;

                             (ii)                           otherwise, any source of supply in the area to

which the draft order relates;

                      (d)                     a “relevant water undertaker”, in relation to a draft order,

20

means a water undertaker which is the holder of a licence

to abstract water under Chapter 2 of Part 2 of this Act

from—

                             (i)                            a relevant source of supply; or

                             (ii)                           a source of supply which is related to a relevant

25

source of supply;

                      (e)                     for the purposes of paragraph (d) above, a source of supply

(the “related source”) is related to a relevant source of

supply if it appears to the Agency that, having regard to

the extent to which the level or flow of water in the related

30

source depends on the level or flow of the waters in the

relevant source of supply, the ability of the water

undertaker to abstract water from the related source in

accordance with its licence may be substantially affected as

a result of the draft order;

35

                      (f)                     “related inland waters” are inland waters the level or flow

of which may, in the Agency’s opinion, be affected by

changes in the level or flow of the waters in a relevant

source of supply.

Duty to provide copy of draft order

40

          2                 Where an application for an order is made, the Agency shall, at the

request of any person, furnish him with a copy of the draft order

on payment of such charge as the Agency thinks reasonable.

Making of order

          3                (1)               Where an application for an order is made, the Secretary of State

45

may make the order either in the form of the draft or in that form

as altered in such manner as he thinks fit.

                           (2)               Where the Secretary of State—

 

 

Water Bill [HL]
Schedule 7 — Minor and consequential amendments
Part 1 — Abstraction and impounding

    177

 

                      (a)                     proposes to make any alteration of an order before making

it; and

                      (b)                     considers that any persons are likely to be adversely

affected by it,

                                             the Agency shall give and publish such additional notices, in such

5

manner, as the Secretary of State may require.

                           (3)               Sub-paragraph (4) below shall apply if before the end of—

                      (a)                     the period of twenty-eight days referred to in sub-

paragraph (2)(b) of paragraph 1 above;

                      (b)                     the period of twenty-five days from the publication in the

10

London Gazette of the notice under sub-paragraph (5) of

that paragraph; or

                      (c)                     any period specified in notices under sub-paragraph (2)

above,

                                             notice of an objection is received by the Secretary of State from any

15

person on whom a notice is required by this Schedule to be served,

from any other person appearing to the Secretary of State to be

affected by the order (either as prepared in draft or as proposed to

be altered) or, in a case where the Secretary of State directed the

Agency to apply for the order, from the Agency.

20

                           (4)               Where this sub-paragraph applies and the objection in question is

not withdrawn, the Secretary of State, before making the order,

may take such steps as he sees fit and, in particular, may—

                      (a)                     cause a local inquiry to be held; or

                      (b)                     afford to the objector and to the Agency an opportunity of

25

appearing before, and being heard by, a person appointed

by the Secretary of State for the purpose.

                           (5)               Where—

                      (a)                     the order (whether as prepared in draft or as proposed to

be altered) relates to any tidal water situated in Wales (or

30

in area of the sea adjoining either the coast of Wales or an

area of sea forming part of Wales); and

                      (b)                     no navigation authority, harbour authority or conservancy

authority has functions in relation to that tidal water,

                                             the Secretary of State shall not make the order except with the

35

approval of the Secretary of State for Transport.

Notice and inspection of final order

          4                (1)               Where an order is made under section 27A(1) or 39B(3) of this Act,

whether in the form of the draft proposed by the Agency or with

alterations, the Secretary of State shall give notice to the Agency—

40

                      (a)                     stating that the order has been made, either without

alteration or with alterations specified in the notice; and

                      (b)                     specifying the date (not being earlier than twenty-eight

days after the date of the notice under this paragraph) on

which the order shall have effect;

45

                                             and the Agency shall forthwith publish the notice.

 

 

Water Bill [HL]
Schedule 7 — Minor and consequential amendments
Part 2 — New regulatory arrangements, etc

    178

 

                           (2)               The Agency shall keep a copy of every order made under section

27A(1) or 39B(3) of this Act available at its offices for inspection by

the public, free of charge, at all reasonable times.”

Part 2

New regulatory arrangements, etc

5

Public Records Act 1958 (c. 51)

  12       In Schedule 1 to the Public Records Act 1958 (definition of public records),

at the appropriate place in Part 2 of the Table at the end of paragraph 3 there

is inserted—

          “Consumer Council for Water.”

10

Public Bodies (Admission to Meetings) Act 1960 (c. 67)

  13       In the Schedule to the Public Bodies (Admission to Meetings) Act 1960

(bodies to which Act applies), for paragraph 1(k) there is substituted—

          “(k)                                   regional committees of the Consumer Council for Water

established under section 27A of the Water Industry Act 1991.”

15

Parliamentary Commissioner Act 1967 (c. 13)

  14       In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments

and authorities subject to investigation)—

              (a)             there is inserted at the appropriate places—

                 “Consumer Council for Water.”

20

                 “Water Services Regulation Authority.”, and

              (b)             the entry relating to the Office of the Director General of Water

Services is omitted.

Superannuation Act 1972 (c. 11)

  15       In Schedule 1 to the Superannuation Act 1972, in the list of “Other Bodies”

25

there is inserted at the appropriate place—

          “The Consumer Council for Water.”

House of Commons Disqualification Act 1975 (c. 24)

  16      (1)      Schedule 1 to the House of Commons Disqualification Act 1975 is amended

as follows.

30

          (2)      In Part 2 (bodies of which all members are disqualified), there is inserted at

the appropriate places—

          “The Consumer Council for Water, and each regional committee of the

Council established under section 27A of the Water Industry Act

1991.”

35

          “The Water Services Regulation Authority.”

          (3)      In Part 3 (other disqualifying offices), the entries relating to the following are

omitted—

 

 

Water Bill [HL]
Schedule 7 — Minor and consequential amendments
Part 2 — New regulatory arrangements, etc

    179

 

              (a)             the Chairman of a customer service committee maintained under

section 28 of the Water Industry Act 1991, and

              (b)             the Director General of Water Services.

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

  17      (1)      Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 is

5

amended as follows.

          (2)      In Part 2 (bodies of which all members are disqualified), there is inserted at

the appropriate places—

          “The Consumer Council for Water, and each regional committee of the

Council established under section 27A of the Water Industry Act

10

1991.”

          “The Water Services Regulation Authority.”

          (3)      In Part 3 (other disqualifying offices), the entries relating to the following are

omitted—

              (a)             the Chairman of a customer service committee maintained under

15

section 28 of the Water Industry Act 1991, and

              (b)             the Director General of Water Services.

Race Relations Act 1976 (c. 74)

  18       In Part 2 of Schedule 1A to the Race Relations Act 1976 (bodies and other

persons subject to general statutory duty), for the entry relating to a

20

Customer Service Committee maintained under section 28 of the Water

Industry Act 1991 there is substituted—

                                                        “The Consumer Council for Water.”

Telecommunications Act 1984 (c. 12)

  19       In the Telecommunications Act 1984, in section 101 (restriction on disclosure

25

of information)—

              (a)             in subsection (2)(b), for “the Director General of Water Services”

there is substituted “the Water Services Regulation Authority”,

              (b)             in subsection (3)(j), at the end there is inserted “, or the Water Act

2003”.

30

Airports Act 1986 (c. 31)

  20       In the Airports Act 1986, in section 74 (restriction on disclosure of

information)—

              (a)             in subsection (2)(a), for “the Director General of Water Services”

there is substituted “the Water Services Regulation Authority”,

35

              (b)             in subsection (3)(k), at the end there is inserted “, or the Water Act

2003”.

Company Directors Disqualification Act 1986 (c. 46)

  21       In section 9E of the Company Directors Disqualification Act 1986

(interpretation for the purposes of sections 9A to 9D of that Act), in

40

 

 

Water Bill [HL]
Schedule 7 — Minor and consequential amendments
Part 2 — New regulatory arrangements, etc

    180

 

subsection (2), for paragraph (c) there is substituted—

                    “(c)                      the Water Services Regulation Authority;”.

Water Act 1989 (c. 15)

  22      (1)      The Water Act 1989 is amended as follows.

          (2)      In section 174 (general restrictions on disclosure of information)—

5

              (a)             in subsection (2)—

                    (i)                   in paragraph (a)—

                           (a)                          for “the Director” there is substituted “the Water

Services Regulation Authority, the Consumer

Council for Water”,

10

                           (b)                          for “or the Environment Act 1995” there is substituted

“, the Environment Act 1995 or the Water Act 2003”,

                    (ii)                  in paragraph (c), for “or of any arrangements” to the end

there is substituted “or section 27H of the Water Industry Act

1991”,

15

                    (iii)                 in paragraph (j), after “1995” there is inserted “, the Water Act

2003”,

              (b)             in subsection (4)(a)—

                    (i)                   for “the Director” there is substituted “the Water Services

Regulation Authority”,

20

                    (ii)                  for “a customer service committee” there is substituted “the

Consumer Council for Water (or any regional committee of

that Council established under section 27A of the Water

Industry Act 1991)”.

          (3)      In section 185 (powers to make regulations), in subsection (2), paragraph (a)

25

is omitted.

Water Industry Act 1991 (c. 56)

  23      (1)      The WIA is amended as follows.

          (2)      In section 35 (construction of merger provisions), whose insertion into the

WIA is provided for by section 70(1) of the Enterprise Act 2002 (c. 40), in

30

subsection (1), in the definition of “water enterprise”, for “water undertaker”

there is substituted “relevant undertaker”.

          (3)      In section 86A(2)(a) and 116A(2)(a) (procedures for dealing with

complaints), for “customer service committee” there is substituted “regional

committee”.

35

          (4)      In section 181 (complaints with respect to the exercise of works powers on

private land), in subsection (2)(c), for “the appropriate customer service

committee” there is substituted “the Council”.

          (5)      In section 206 (restrictions on disclosure of information)—

              (a)             in subsection (3)—

40

                    (i)                   in paragraph (a), before “, the Competition Commission”

there is inserted “, the Council”,

                    (ii)                  in that paragraph, for “or regulations under section 2 of the

Pollution Prevention and Control Act 1999” there is

 

 

 
previous section contents continue
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 2003
Revised 30 April 2003