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

House of Lords

back to previous amendments

 

Clause 47

 

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

Page 62, line 16, at end insert—
"(aa)  that the imposition of the penalty was based on an error of law or fact;
(ab)  that the amount of the penalty was unreasonable;"
 

Clause 91

 

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

Page 113, line 42, at end insert—
"(2A)  For paragraph (b) of subsection (2) there is substituted—
"(b)  to discharge directly or indirectly—
(i)  foul water into a sewer provided for surface water; or
(ii)  except with the approval of the undertaker, surface water into a sewer provided for foul water; or"."
Page 113, line 43, leave out subsection (3) and insert—
"(3)  For subsection (4) there is substituted—
"(4)  At any time within 21 days after a sewerage undertaker receives a notice under subsection (3) above, the undertaker may by notice to the person who gave the notice—
(a)  refuse to permit the communication to be made, if it appears to the undertaker that the mode of construction or condition of the drain or sewer—
(i)  does not satisfy the standards reasonably required by the undertaker; or
(ii)  is such that the making of the communication would be prejudicial to the undertaker's sewerage system; or
(b)  where the drain or sewer which it is sought to communicate with the public sewer is to be used for the draining of surface water, refuse permission for the communication to be made, or grant permission for the communiction subject to such conditions as it thinks fit, subject to taking into account the considerations set out in subsection (4A) below.
(4A)  Under subsection (4)(b) above, a sewerage undertaker may only refuse permission for a communication to be made, or grant permission for the communication subject to conditions, where it has reasonable grounds for considering that—
(a)  it is feasible for an alternative method of drainage to be provided, utilised, maintained and kept in repair—
(i)  which does not involve communication with the public sewer; but
(ii)  which may include the provision of a lateral drain or sewer by any of the means provided for in this Chapter;
(b)  this is justifiable taking into account the relative cost to the applicant of—
(i)  providing the alternative method of drainage referred to in paragraph (a) above; or
(ii)  requisitioning a lateral drain or sewer under sections 98 to 101B above for communication with the public sewer of the undertaker;
(c)  where communication of the drains or sewer with the public sewer might contribute towards one or more of the following—
(i)  the overloading of the public sewer or the sewerage system of which it forms part, and the consequential overflowing of its contents and the flooding of adjoining property or land;
(ii)  the overloading of any sewage disposal works forming part of or connected with the system, so adversely affecting such work's capacity to treat or dispose of sewage in compliance with any statutory requirement or consent applicable to it;
(iii)  increased flows in and resulting overflows and discharges from combined foul and surface water sewers which may have adverse effects on the aquatic environment; or
(iv)  the pollution of inland waters, the flooding of property or land, or the impairment of river or drainage systems, whether or not arising from the matters described in paragraphs (i), (ii) or (iii) above.""
Page 114, line 9, leave out subsection (5) and insert—
"(5)  For subsection (6) there is substituted—
"(6)  Any question arising under subsections (3) to (5A) above between a sewerage undertaker and a person proposing to make a communication as to—
(a)  the reasonableness of the undertaker's refusal to permit a connection to be made, or the reasonableness of the conditions on which the undertaker is prepared to permit a communication to be made; or
(b)  as to the reasonableness of any requirement under subsection (5) or (5A) above,
  may, on the application of that person, be determined by the Authority under section 30A above (and accordingly section 105 above shall not apply to any requirement under subsection (5A) above).
(6A)  In making a determination under subsection (6)(a) above, the Director shall consult and take into account the views of the Environment Agency and any affected riparian owners.""
Page 114, line 13, at end insert—
"(5A)  For subsection (9) there is substituted—
"(9)  In this section—
(a)  "factory" has the same meaning as in the Factories Act 1961 (c. 34);
(b)  "inland waters" has the same meaning as in the Water Resources Act 1991 (c. 57);
(c)  "sewer provided for surface water" and "sewer provided for foul water" excludes any sewer provided for the combined drainage of both surface and foul water.""
 

After Clause 91

 

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

Insert the following new Clause—
  "Disputes over duty to provide sewers
(1)  Section 101A of the WIA (further duty to provide sewers) is amended as follows.
(2)  In subsections (7) to (10), wherever the words "Environment Agency" appear, there is substituted "Secretary of State".
Insert the following new Clause—
  "Liability of owners etc for charges in prescribed cases
(1)  In section 144 of the WIA (relating to the liability of occupiers for charges), in subsection (1), after "of this section" there is inserted "and of section 144AA below".
(2)  After section 144 of the WIA there is inserted—
"144AALiability 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 ownership of such premises.
(2)  Regulations made for the purposes of subsection (1) above may also modify or extend the application of that subsection in one or more of the following respects by providing that—
(a)  in relation to any specified types of premises within the class of premises prescribed for the purposes of subsection (1) above, for the references to the owners and ownership of such specified premises, there shall be substituted references to such other categories of persons and to such rights as may be prescribed by the regulations;
(b)  specified classes of persons who are—
(i)  owners of classes of premises prescribed for the purposes of subsection (1) above, or
(ii)  within those categories of persons prescribed for the purposes of subsection (2)(a) above,
  shall be excluded from the application of the regulations;
(c)  the owner or occupier of any premises of a class prescribed for the purposes of subsection (1) above which are provided with any service 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)  such statutory undertakers or public bodies as may be prescribed shall, when requested in writing to do so by a relevant 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 for the purposes of subsection (1) above which are or have been provided with any service by the undertaker in the course of carrying out its functions.""
 

Schedule 7

 

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

Page 181, line 48, at end insert—
"(   )      In Schedule 4A—
(a)  for paragraph 1(2)(a) there is substituted—
"(a)  a private dwelling-house constituting the whole or any part of household premises,";
(b)  at the end of paragraph 1 there is added—
"(3)  In this paragraph, "household premises" shall have the same meaning as in section 17C of this Act.""
 

Clause 94

 

THE LORD SUTHERLAND OF HOUNDWOOD

Page 118, line 7, at end insert—
"(   )  Any person who—
(a)  before the coming into force of any provision of this Act was not required under Chapter 2 of Part 2 of the WRA to have a licence in respect of any abstraction, but
(b)  following the coming into force of this Act does require such a licence in respect of that abstraction,
  shall make an application for the licence within two years of the coming into force of section 7 of this Act, and the licence will be deemed to be granted on the terms of the application until the final and lawful determination of the application."
 

Clause 95

 

THE LORD SUTHERLAND OF HOUNDWOOD

Page 118, line 30, at end insert—
"(d)  at the coming into force of section 7, was carrying out the abstraction of water—
(i)  to prevent interference with any mining, quarrying or engineering operations (whether underground or surface);
(ii)  to prevent damage to works resulting from any such operations; or
(iii)  was contemplating carrying out such abstraction in pursuance of planning permission for the winning and working of minerals extant at that date"

 
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4 June 2003