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

House of Lords

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Clause 27

 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

33Page 32, line 21, leave out paragraph (c)
 

THE BARONESS BYFORD
THE LORD DIXON-SMITH
THE DUKE OF MONTROSE

34Page 32, line 26, at end insert "; and
(   )  the licence holder has been informed of the nature of this serious damage and allowed a minimum of six months to devise a means of reducing it to the point where it is no longer serious."
 

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

35Page 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."
 

Before Clause 28

 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

36Insert the following new Clause—
  "General provisions with respect to water
  In section 6(2)(b) of the Environment Act 1995 (c. 25), at end insert "in particular the efficient use of water by all abstractors"."
 

After Clause 30

 

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

37Insert 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.""
 

Before Schedule 1

 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

38Insert the following new Schedule—
 

"SCHEDULE A1
DEFINITIONS

 1      The following definitions shall be adopted for the purpose of this Act and shall supersede all previous definitions in the Environment Act 1995 (c. 25), the Water Resources Act 1991 (c. 57) and the Water Industry Act 1991 (c. 56)—
        "surface water" means inland waters, except groundwater; transitional waters and coastal waters, except in respect of chemical status for which it shall also include territorial waters;
       "groundwater" means all water which is below the surface of the ground in the saturation zone and in direct contact with the ground or subsoil;
       "inland water" means all standing or flowing water on the surface of the land, and all groundwater on the landward side of the baseline from which the breadth of territorial waters is measured;
       "river" means a body of inland water flowing for the most part on the surface of the land but which may flow underground for part of its course;
       "lake" means a body of standing inland surface water;
       "transitional waters" are bodies of surface water in the vicinity of river mouths which are partly saline in character as a result of their proximity to coastal waters but which are substantially influenced by freshwater flows;
       "coastal water" means surface water on the landward side of a line, every point of which is at a distance of one nautical mile on the seaward side from the nearest point of the baseline from which the breadth of territorial waters is measured, extending where appropriate up to the outer limit of transitional waters;
       "artificial water body" means a body of surface water created by human activity;
       "heavily modified water body" means a body of surface water which as a result of physical alterations by human activity is substantially changed in character, as designated by the member State in accordance with the provisions of Annex II of the Water Framework Directive;
       "body of surface water" means a discrete and significant element of surface water such as a lake, a reservoir, a stream, river or canal, part of a stream, river or canal, a transitional water or a stretch of coastal water;
       "aquifer" means a subsurface layer or layers of rock or other geological strata of sufficient porosity and permeability to allow either a significant flow of groundwater or the abstraction of significant quantities of groundwater;
       "body of groundwater" means a distinct volume of groundwater with an aquifer or aquifers;
       "river basin" means the area of land from which all surface run-off flows through a sequence of streams, rivers and, possibly, lakes into the sea at a single river mouth, estuary or delta;
       "sub-basin" means the area of land from which all surface run-off flows through a series of streams, rivers and, possibly, lakes to a particular point in a water course (normally a lake or a river confluence);
       "river basin district" means the area of land and sea, made up of one or more neighbouring river basins together with their associated groundwaters and coastal waters, which is identified under Article 3(1) of the Water Framework Directive as the main unit for management of river basins;
       "competent authority" means an authority or authorities identified under Article 3(2) or 3(3) of the Water Framework Directive;
       "surface water status" is the general expression of the status of a body of surface water, determined by the poorer of its ecological status and its chemical status;
       "good surface water status" means the status achieved by a surface water body when both its ecological status and its chemical status are at least `good';
       "groundwater status" is the general expression of the status of a body of groundwater, determined by the poorer of its quantitative status and its chemical status;
       "good groundwater status" means the status achieved by a groundwater body when both its quantitative status and its chemical status are at least `good';
       "ecological status" is an expression of the quality of the structure and functioning of aquatic ecosystems associated with surface waters, classified in accordance with Annex V of the Water Framework Directive;
       "good ecological status" is the status of a body of surface water, so classified in accordance with Annex V of the Water Framework Directive;
       "good ecological potential" is the status of a heavily modified or an artificial body of water, so classified in accordance with the relevant provisions of Annex V of the Water Framework Directive;
       "good surface water chemical status" means the chemical status required to meet the environmental objectives for surface waters established in Article 4(1)(a) of the Water Framework Directive, that is the chemical status achieved by a body of surface water in which concentrations of pollutants do not exceed the environmental quality standards established in Annex IX and under Article 16(7) of the Water Framework Directive, and under other relevant European Community legislation setting environmental quality standards at a Community level;
       "good groundwater chemical status" is the chemical status of a body of groundwater which meets all the conditions set out in table 2.3.2 of Annex V of the Water Framework Directive;
       "quantitative status" is an expression of the degree to which a body of groundwater is affected by direct and indirect abstractions;
       "available groundwater resource" means the long-term annual rate of overall recharge of the body of groundwater less the long-term annual rate of flow required to achieve the ecological quality objectives for associated surface waters specified under Article 4 of the Water Framework Directive, to avoid any significant diminution in the ecological status of such waters and to avoid any significant damage to associated terrestrial ecosystems;
       "good quantitative status" is the status defined in table 2.1.2 of Annex V of the Water Framework Directive;
       "hazardous substances" means substances or groups that are toxic, persistent and liable to bio-accumulate, and other substances or groups of substances which give rise to an equivalent level of concern;
       "priority substances" means substances or groups of substances identified in accordance with Article 16(2) and listed in Annex X of the Water Framework Directive. Among these substances there are `priority hazardous substances' which means substances indentified in accordance with Article 16(3) and (6) of the Water Framework Directive for which measures have to be taken in accordance with Article 16(1) and (8) of the Water Framework Directive;
       "pollutant" means any substance liable to cause pollution, in particular those listed in Annex VIII of the Water Framework Directive;
       "direct discharge to groundwater" means discharge of pollutants into groundwater without percolation throughout the soil or subsoil;
       "pollution" means the direct or indirect introduction, as a result of human activity, of substances or heat into the air, water or land which may be harmful to human health or the quality of aquatic ecosystems or terrestrial ecosystems directly depending on aquatic ecosystems, which result in damage to material property, or which impair or interfere with amenities and other legitimate uses of the environment;
       "environmental objectives" means the objectives set out in Article 4 of the Water Framework Directive;
       "environmental quality standard" means the concentration of a particular pollutant or groups of pollutants in water, sediment or biota which should not be exceeded in order to protect human health and the environment;
       "combined approach" means the control of discharges and emissions into surface waters according to the approach set out in Article 10 of the Water Framework Directive;
       "water intended for human consumption" has the same meaning as under Directive 80/778/EEC of the European Parliament and of the Council, as amended by Directive 98/83/EC;
       "water services" means all services which provide, for households, public institutions or any economic activity—
(a)  abstraction, impoundment, storage, treatment and distribution of surface water or groundwater;
(b)  waste-water collection and treatment facilities which subsequently discharge into surface water.
       "water use" means water services together with any other activity identified under Article 5 of the Water Framework Directive. This concept applies for the purposes of Article 1 and of the economic analysis carried out according to Article 5 and Annex III, point (b) of the Water Framework Directive;
       "emission limit values", subject to paragraph 2 to 4, means the mass, expressed in terms of certain specified parameters, concentration or level of an emission (or both), which may not be exceeded during any one or more periods of time;
       "emission controls", subject to paragraph 5, are controls requiring a specific emission limitation, for instance an emission limit value, or otherwise specifying limits or conditions on the effects, nature of other characteristics of an emission or operating conditions which affect emissions.
 2      Emission limit values may also be laid down for certain groups, families or categories of substances, in particular those identified under Article 16 of the Water Framework Directive.
 3      The emission limit values for substances shall normally apply at the point where the emissions leave the installation, dilution being disregarded when determining them.
 4      With regard to indirect releases into water, the effect of a waste-water treatment plant may be taken into account when determining the emission limit values of the installations involved, provided that an equivalent level is guaranteed for protection of the environment as a whole and provided that this does not lead to higher levels of pollution in the environment.
 5      Use of the term "emission control" in this Act in respect of the provisions of any other European Parliament and Council Directive other than the Water Framework Directive shall not be held as reinterpreting those provisions in any respect."
 

Clause 34

 

THE BARONESS BYFORD
THE LORD DIXON-SMITH
THE DUKE OF MONTROSE

39Page 37, line 35, at beginning insert "regional"
40Page 37, leave out lines 36 and 37
41Page 38, line 3, at end insert—
    "(   )  After the end of the period mentioned in subsection (6) above the Council may—
    (a)  establish such committees on a non-regional basis as it considers appropriate;
    (b)  allocate a licensed water supplier to any regional or non-regional committee as it considers appropriate."
 

THE LORD WHITTY

42*Page 38, line 10, leave out "(unless the context otherwise requires)"
 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

43Page 38, line 15, at end insert—
    "(13)  The Council shall exercise and perform its powers and duties so as to contribute to the achievement of sustainable development."
44Page 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 paragraph (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."
 

Schedule 2

 

THE BARONESS BYFORD
THE LORD DIXON-SMITH
THE DUKE OF MONTROSE

45Page 124, leave out lines 9 to 12 and insert "a representative of each of the four groups listed in section 27C."
 

Clause 36

 

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

46Page 39, line 27, at beginning insert "Subject to subsection (2A) below,"
 

THE BARONESS BYFORD
THE LORD DIXON-SMITH
THE DUKE OF MONTROSE

47Page 39, line 30, at end insert—
"(   )  The granting of a licence to a water supplier may require the payment by the licence holder of sums relating to any of the expenses mentioned in subsection (3)."
 

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

48Page 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."
 

THE BARONESS BYFORD
THE LORD DIXON-SMITH
THE DUKE OF MONTROSE

49Page 40, line 3, at end insert "and any water supplier holding a licence"
 

Clause 38

 

THE BARONESS BYFORD
THE LORD DIXON-SMITH
THE DUKE OF MONTROSE

50Page 43, line 8, at end insert—
"(   )  any interests of consumers in relation to the possible effects of effective competition over an extended period of up to twelve years,"
51Page 43, leave out lines 37 to 39
 

THE LORD WHITTY

52*Page 43, line 40, at end insert—
"(4)  In exercising any of the powers or performing any of the duties mentioned in subsection (1) above in accordance with the preceding provisions of this section, the Secretary of State and the Authority shall have regard to the principles of best regulatory practice (including the principles under which regulatory activities should be transparent, accountable, proportionate, consistent and targeted only at cases in which action is needed).""
 

THE BARONESS BYFORD
THE LORD DIXON-SMITH
THE DUKE OF MONTROSE

53Page 43, line 40, at end insert—
    "(4)  In performing their duties under this Act, the Secretary of State, the Assembly and the Authority shall also have regard to the following—
    (a)  the principles under which regulatory activities should be transparent, accountable, proportionate, consistent and targeted only at cases where action is needed;
    (b)  the desirability of promoting and facilitating the development and use of effective forms of self-regulation;
    (c)  any other principles appearing to them to represent the best regulatory practice;
    (d)  the desirability of encouraging investment and innovation in the water industry;
    (e)  the need to ensure that appointed companies are able to fund on reasonable terms all required investment programmes;
    (f)  the need to apply to all appointed companies all determinations and conclusions of the Competition Commission (including all methodologies adopted by the Commission) which relate to any such company.""
 

THE LORD WHITTY

54*Page 43, line 48, leave out "(unless the context otherwise requires)"
55Page 44, line 9, leave out ", 66G" and insert "to 66H"

 
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11 June 2003