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Amendments to the Water Bill [HL]

Water Bill [HL]


AMENDMENTS
TO BE MOVED
ON REPORT


 

Clause 34

 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

Page 38, line 39, at end insert—
"(   )  Without prejudice to subsections (2) to (4) above, before—
(a)  making a modification to the conditions of an appointment pursuant to section 13 of this Act;
(b)  making a reference to the Competition Commission pursuant to section 14 of this Act;
(c)  giving any approval pursuant to section 143(6) of this Act;
(d)  making any decision which falls within paragraphs (a), (b) or (e) of section 195A of this Act; or
(e)  making any proposal to a relevant undertaker limiting its charges for the supply of water, the provision of sewerage services or the reception, treatment or disposal of trade effluent,
  the Authority, the Secretary of State or the Assembly, as the case may be, shall consult the Council, and shall take into account any views expressed by the Council."
 

Clause 42

 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

Page 49, line 29, leave out from beginning to end of line 6 on page 50 and insert—
"(   )  Subject to subsection (7) below, in the exercise of its function under this section, the Council shall have regard to the need for excluding from such proposals, advice, information and views, so far as practicable—
(a)  any matter which relates to the affairs of an individual, where the publication of that matter would or might, in the opinion of the Council, seriously and prejudicially affect the interests of that individual; and
(b)  any matter which relates specifically to the affairs of a particular body of persons, whether corporate or unincorporate, where publication of that matter would or might, in the opinion of the Council, seriously and prejudicially affect the interests of that body."
Page 50, line 43, leave out from beginning to end of line 18 on page 51 and insert—
"(   )  In publishing such advice or information, the Council shall have regard to the need for excluding from it, so far as that is practicable—
(a)  any matter which relates to the affairs of an individual, where the publication of that matter would or might, in the opinion of the Council, seriously and prejudicially affect the interests of that individual; and
(b)  any matter which relates specifically to the affairs of a particular body of persons, whether corporate or unincorporate, where publication of that matter would or might, in the opinion of the Council, seriously and prejudicially affect the interests of that body."
 

Clause 43

 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

Page 52, line 2, after "may" insert "reasonably"
Page 52, line 8, at end insert—
"(   )  Subject to subsection (3) above, the Council may enforce any direction made under subsection (1) above."
Page 52, line 19, leave out from beginning to end of line 40 and insert—
"(   )  In publishing a notice under subsection (1) above, the Council shall have regard to the need for excluding from such notice, so far as that is practicable—
(a)  any matter which relates to the affairs of an individual, where the publication of that matter would or might, in the opinion of the Council, seriously and prejudicially affect the interests of that individual; and
(b)  any matter which relates specifically to the affairs of a particular body of persons, whether corporate or unincorporate, where publication of the matter would or might, in the opinion of the Council, seriously and prejudicially affect the interests of that body."
Page 53, line 34, leave out from beginning to end of line 12 on page 54
 

Clause 45

 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

Page 55, line 6, leave out from "a" to end of line 7 and insert "relevant company" (being a company which is a relevant undertaker or a licensed water supplier) in relation to any matter connected with the functions of that relevant company as a relevant undertaker or licensed water supplier"
Page 55, line 13, after "subsection" insert "(2A) or"
Page 55, line 13, at end insert—
"(2A)  Where the investigation of a complaint falling within subsection (1) above shows that the relevant company has in any matter relating to its functions—
(a)  failed adequately to consult the complainant, before or in the course of discharging its functions, about the manner in which they are discharged; or
(b)  by acting unreasonably in the manner of its discharge of its functions, has caused the complainant to suffer loss or damage or to be subjected to inconvenience,
 the Council may direct the relevant company to pay to the complainant an amount, not exceeding #5,000, in respect of that failure, loss, damage or inconvenience.
(2B)  The Council shall not under subsection (2A) above direct a relevant company to pay any amount to a complainant in respect of any loss, damage or inconvenience for which compensation is recoverable under any other enactment except in so far as it appears to it appropriate to do so by reason of any failure of the amount of any such compensation to reflect the fact that it was not reasonable for the relevant company to cause the complainant to sustain the loss or damage or to be subjected to the inconvenience.
(2C)  The relevant company may, by giving notice to the Authority and its customer, appeal to the Authority against a direction made under subsection (2A) above on the grounds that it is unreasonable to make a direction or it is unreasonable to make a direction to pay the amount which the relevant company has been directed to pay.
(2D)  On receipt of any such notice, the Authority shall—
(a)  request from the Council a statement of reasons why the direction was made and why it was made for the amount for which it was made; and
(b)  invite the relevant company and the customer to submit evidence and representations, and thereafter the Authority may, if it considers that the direction is unreasonable, either quash the direction or increase or decrease the amount of the payment (but so that it shall not exceed #5,000).
(2E)  A person to whom any amount is required, in pursuance of a direction under this section, to be paid by a relevant company shall be entitled to recover that amount from that relevant company by virtue of this section.
(2F)  The Secretary of State may by regulations substitute a different amount for the amount for the time being specified in subsections (2A) and (2C) above."
 

Clause 46

 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

Page 57, line 6, leave out from beginning to end of line 29 and insert—
"(   )  In the exercise of its power under this section, the Council shall have regard to the need for excluding from such report, so far as that is practicable—
(a)  any matter which refers to an individual, where the publication of that matter would, or might in the opinion of the Council, seriously and prejudicially affect the interests of that individual; and
(b)  any matter which relates specifically to the affairs of a particular body of persons, whether corporate or unincorporate, where publication of that matter would or might, in the opinion of the Council, seriously and prejudicially affect the interests of that body."
Page 57, line 31, leave out "in pursuance of subsection (6)(c) or (7)(c) above"
Page 57, line 35, leave out "(6)(c) or (7)(c)" and insert "(5)"
 

Schedule 4

 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

Page 133, line 45, leave out "50" and insert "10"
Page 134, line 42, after "Authority;" insert—
"(   )  the Consumer Council for Water;"
Page 136, line 19, at end insert—
"(   )  on the Consumer Council for Water;"
Page 138, line 15, at end insert—
"(d)  where any standard condition provides for the promulgation of any code or other document imposing obligations on licensed water suppliers or affecting their conduct, for the Council to be consulted in the preparation of that code or other document; and
(e)  for the directors, or some of them, or other representatives of each licensed water supplier to meet, at such intervals as may be specified, the committee of the Council to which the supplier has been allocated."
Page 140, line 10, at end insert "; and
(v)  the Consumer Council for Water"
Page 141, line 2, at end insert "; and
(v)  the Consumer Council for Water"
Page 143, line 24, at end insert "; and
(v)  the Consumer Council for Water"
Page 148, line 26, at end insert "; and
(iv)  the Consumer Council for Water"
Page 150, line 26, at end insert "; and
(vi)  the Consumer Council for Water"
 

Clause 64

 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

Page 81, line 25, at end insert—
"(   )  Subsections (1) to (4) above shall have effect until December 2007 and thereafter—
(i)  regional flood defence committees are abolished and section 14 of the Environment Act 1995 (c. 25) is repealed;
(ii)  the Secretary of State shall by order establish a river basin management committee in place of each regional flood defence committee which ceased to exist by virtue of subsection (1);
(iii)  the timescale for the establishment of river basin management committees shall be in accordance with Article 14 of the Water Framework Directive;
(iv)  each river basin management committee shall comprise—
(i)  elected local authority members from the local authorities which are located in part or entirely within the river basin covered by the committee, who shall be in a majority on the committee; and
(ii)  other members who the Secretary of State considers offer substantial local knowledge on issues within the competence of the committee;
(v)  each river basin management committee shall inherit all of the powers and duties of the regional flood defence committee which it replaced;
(vi)  each river basin management committee shall develop policies and a river basin management plan in consultation with the Environment Agency;
(vii)  each river basin management committee may, where the size of the river basin requires it, and after consultation with the Secretary of State, establish such sub-basin management committees as it considers appropriate;
(viii)  schedule 4 to the Environment Act 1995 is amended as provided for in subsections (2) to (4), and shall have effect as if references to "regional flood defence committee" or any variant thereof were to "river basin management committee" or the appropriate variant."

 
 
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©Parliamentary copyright 2003
10 June 2003