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Amendments to the Water Bill [HL]

Water Bill [HL]


AMENDMENTS
TO BE MOVED
ON REPORT


 

Clause 20

 

THE LORD SUTHERLAND OF HOUNDWOOD

Page 23, leave out lines 10 and 11
 

After Clause 20

 

THE LORD SUTHERLAND OF HOUNDWOOD

Insert the following new Clause—
  "Commencement and expiry of licences
  After section 46 of the WRA there is inserted—
"46BCommencement and expiry of licences
(1)  A licence granted under this Chapter to abstract water—
(a)  to prevent interference with any mining, quarrying or engineering operations (whether underground or surface); or
(b)  to prevent damage to works resulting from such operations ("de-watering abstractions");
  shall be stated to take effect and to expire simultaneously with any planning permission or any extension or amendment to any planning permission granted for such mining, quarrying or engineering operations instead of a specific date, or dates, in the licence for the de-watering abstraction itself.
(2)  In all other respects, reference in this Chapter to the date on which a licence is stated to take effect and on which it expires is to be taken, insofar as a licence for de-watering abstractions is concerned, refers to the commencement and expiry dates comprised in any planning permission authorising the mining, quarrying or engineering operations relevant to the de-watering abstraction.""
 

Clause 24

 

THE BARONESS O'CATHAIN
THE BARONESS BYFORD
THE LORD DIXON-SMITH

Page 30, line 28, at end insert—
"(8)  It shall be a defence to proceedings brought under this section that the abstractor was abstracting the water in accordance with the provisions of a licence granted under this Chapter.""
 

Clause 25

 

THE BARONESS O'CATHAIN
THE BARONESS BYFORD
THE LORD DIXON-SMITH

Page 31, line 24, at end insert—
"(4C)  Whenever the Secretary of State determines that compensation should not be paid under this section in respect of the variation of a licence on the grounds set out in subsection (4A) above, the holder of the licence may dispute the determination by referring the dispute to the arbitration of a single arbitrator.
(4D)  When a dispute is referred to arbitration under subsection (4C) above—
(a)  the arbitrator shall take into account any representations that the Secretary of State, the Environment Agency or the Authority may wish to submit to him; and
(b)  in making his award the arbitrator may confirm, revoke or vary the whole of the Secretary of State's determination, or any part of the determination whether the reference relates to that part of the determination or not."
 

THE LORD SUTHERLAND OF HOUNDWOOD

Page 31, line 28, at end insert—
"(   )  Subsections (3) and (4), and (4A) and (4B) (as inserted by subsection (3) above) of section 61 of the WRA shall not apply in the case of abstraction of water to prevent interference with any mining, quarrying or engineering operations (whether underground or surface) or to prevent interference or damage to works resulting from any such operations."
 

Clause 27

 

THE BARONESS O'CATHAIN
THE BARONESS BYFORD
THE LORD DIXON-SMITH

Page 32, line 28, at end insert—
"(3)  Whenever the Secretary of State determines under this section that compensation should not be paid under section 61 of the WRA in respect of the revocation or variation of a licence, the holder of the licence may dispute the determination by referring the dispute to the arbitration of a single arbitrator.
(4)  When a dispute is referred to arbitration under subsection (3) above—
(a)  the arbitrator shall take into account any representations that the Secretary of State, the Environment Agency or the Authority may wish to submit to him; and
(b)  in making his award the arbitrator may confirm, revoke or vary the whole of the Secretary of State's determination, or any part of the determination whether the reference relates to that part of the determination or not."
 

After Clause 30

 

THE BARONESS O'CATHAIN
THE BARONESS BYFORD
THE LORD DIXON-SMITH

Insert the following new Clause—
  "Appeals against enforcement orders
(1)  Section 21 of the WIA (validity of enforcement orders) is amended as follows.
(2)  At the end of paragraph (a) of subsection (1), there is omitted the word "or".
(3)  After paragraph (b) of subsection (1), there is added—
"(c)  that the making or confirmation of the order was based on an error of law or fact; or
(d)  that in the circumstances of the case, the making or confirmation of the order was not reasonable."
(4)  For subsection (2) there is substituted—
"(2)  On any such application, the High Court may, if satisfied that any of the grounds set out in subsection (1) above are proved—
(a)  quash the order or any provision of the order; or
(b)  vary the whole of the order, or any part of the order whether the application relates to that part of the order or not.""
 

Clause 36

 

THE BARONESS O'CATHAIN
THE BARONESS BYFORD
THE LORD DIXON-SMITH

Page 39, line 27, at beginning insert "Subject to subsection (2A) below,"
Page 39, line 30, at end insert—
"(2A)  The total payment that may be required of any company pursuant to section 11(1)(c) of the WIA and under this section shall not be increased by more than the amount by which that company is permitted to increase its regulated prices under its appointment."
 

After Clause 39

 

THE BARONESS O'CATHAIN
THE BARONESS BYFORD
THE LORD DIXON-SMITH

Insert the following new Clause—
  "Regulatory methodology
  After section 2 of the WIA there is inserted—
"2CRegulatory methodology
(1)  The Authority shall prepare and publish a statement of policy with respect to its determination of charges in periodic reviews and interim determinations under all or any of the instruments of appointment of companies as relevant undertakers made by virtue of Part II of this Act.
(2)  The Authority's statement of policy under this section shall include a statement of its policy with regard to the following matters—
(a)  the carrying out of its duties under this Act insofar as they relate to its determination of charges;
(b)  the matters to be taken into account and the methodologies to be applied in its determination of charges; and
(c)  the extent to which the performance of functions by persons with powers and duties conferred or imposed by or under this Act or any other enactment are relevant to its determination of charges.
(3)  The Authority shall determine charges in periodic reviews and interim determinations under a company's instrument of appointment as a relevant undertaker on the basis of the most recently published statement of policy.
(4)  The Authority may revise its statement of policy and where it does so shall publish the revised statement.
(5)  Publication under this section shall be in such manner as the Authority considers appropriate for the purpose of bringing the matters contained in the statement of policy to the attention of persons likely to be affected by them and shall not be made less than twelve months before a periodic review.
(6)  When preparing or revising its statement of policy under this section, the Authority shall consult relevant undertakers and such other persons as it considers appropriate, subject to the requirements of subsection (7) below.
(7)  For the purposes of subsection (6) above—
(a)  consultation shall be by way of written notice given by the Authority not less than six months prior to the publication of the statement of policy which it is preparing or revising;
(b)  such notice shall state—
(i)  the matters which the Authority proposes to publish in its statement of policy and its reasons for including them in the statement; and
(ii)  a period of not less than three months within which that person may give written notice of objection with respect to the matters referred to in the notice; and
(c)  the Authority shall give each person a reasonable opportunity to make oral representations to it on the matters referred to in the notice.
(8)  The Authority shall not issue or publish a statement of policy unless—
(a)  no notice of objection to the policy is given to the Authority within the time period specified in its notice under subsection(7); or
(b)  if one or more relevant undertakers gives notice of objection to the Authority within that time—
(i)  the proportion (expressed as a percentage) of the relevant undertakers who have given notice of objection is less than such percentage as may be prescribed; and
(ii)  the percentage given by subsection (9) is less than such percentage as may be prescribed.
(9)  The percentage given by this subsection is the proportion (expressed as a percentage) of the relevant undertakers who have given notice of objection, weighted according to their market share in such manner as may be prescribed.
(10)  If the conditions referred to in subsection (8) are not met, the Authority shall (within three months of its receipt of the first or only notice of objection) refer the policy to the Competition Commission for review.
(11)  Where a reference is made to the Competition Commission under this section, it shall be the duty of the Competition Commission to determine whether the policy which is the subject of the reference operates in a manner best calculated to fulfil the duties of the Authority arising under this Act.
(12)  Where a reference is made to the Competition Commission under this section, the Authority shall not prepare or revise its statement of policy other than on the basis of the determinations of the Competition Commission.
(13)  The Secretary of State may by regulations make such provision as he considers appropriate for regulating the procedure to be followed with respect to any reference to the Competition Commission under this section.
(14)  Without prejudice to the generality of the power conferred by subsection (13) above, regulations under that subsection may, in relation to any such reference, apply (with or without modifications) the provisions of any enactment relating to the references to the Competition Commission under the provisions of this Act, the Fair Trading Act 1973 (c. 41) or the Competition Act 1998 (c. 41).""
Insert the following new Clause—
  "Licence modifications
  In section 14 of the WIA, after subsection (1) there is inserted—
"(1A)  Where a company has requested the Authority to modify the conditions of its appointment and the Authority has not consented to making the modifications, the Authority shall make to the Competition Commission a reference which is so framed as to require the Competition Commission to investigate and report on the questions in subsection (1).
(1B)  Before making a reference under subsection (1) or (1A), the Authority shall give notice of the matters specified in the reference to the company to whose conditions of appointment the modification relates and shall take into account any representations or objections which are duly made and not withdrawn.
(1C)  Notice under subsection (1B) shall be in writing and shall specify a period of not less than 28 days from the date of receipt of the notice within which representations or objections with respect to the matters proposed to be specified in the reference may be made.""
 

Clause 40

 

THE BARONESS O'CATHAIN
THE BARONESS BYFORD
THE LORD DIXON-SMITH

Page 46, line 30, after "research" insert "and regulatory impact assessment"
Page 46, leave out lines 40 to 43 and insert—
"(7)  Before giving notice under subsection (5)(a) above, the Secretary of State shall arrange for—
(a)  such research as he considers appropriate with a view to discovering the views of a representative sample of persons likely to be affected; and
(b)  a regulatory impact assessment of his proposals to be carried out for the purpose of assessing the likely quantitative and qualitative environmental, public health, economic and social impacts of his proposals."
Page 46, line 43, at end insert—
"(7A)  The Secretary of State shall not proceed with any proposal for the making of regulations under subsection (4) above where it is apparent from the regulatory impact assessment carried out under subsection (7)(b) above that the adverse effects of the regulations would outweigh their benefit."
 

Clause 41

 

THE BARONESS O'CATHAIN
THE BARONESS BYFORD
THE LORD DIXON-SMITH

Page 48, line 13, after "research" insert "and regulatory impact assessment"
Page 48, leave out lines 23 to 26 and insert—
"(7)  Before giving notice under subsection (5)(a) above, the Secretary of State shall arrange for—
(a)  such research as he considers appropriate with a view to discovering the views of a representative sample of persons likely to be affected; and
(b)  a regulatory impact assessment of his proposals to be carried out for the purpose of assessing the likely quantitative and qualitative environmental, public health, economic and social impacts of his proposals."
Page 48, line 26, at end insert—
"(7A)  The Secretary of State shall not proceed with any proposal for the making of regulations under subsection (4) above where it is apparent from the regulatory impact assessment carried out under subsection (7)(b) above that the adverse effects of the regulations would outweigh their benefit."

 
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©Parliamentary copyright 2003
4 June 2003