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

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Schedule 8

 

THE LORD WHITTY

142Page 184, line 36, at end insert—
"(   )      Section 174 of the Water Act 1989 (c. 15) (general restrictions on disclosure of information) is amended as follows.
(   )      In paragraph (b) of subsection (2), for "or a sewerage undertaker" there is substituted ", sewerage undertaker or company holding a licence under Chapter 1A of Part 2 of the Water Industry Act 1991".
(   )      In paragraph (c) of that subsection, for "203(1) or (2)" there is substituted "203(1), (1A), (2) or (2A)".
(   )      In subsection (6)(a), after "sewerage undertaker" there is inserted ", or with the carrying on by a company holding a licence under Chapter 1A of Part 2 of the Water Industry Act 1991 of activities under its licence,"."
 

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

143Page 187, line 16, leave out sub-paragraph (4)
144Page 190, line 37, leave out paragraph 15
145Page 191, line 39, after "water;" insert—
    "(   )  the water undertaker is aware of the cessation of supply;"
 

THE LORD WHITTY

146Page 198, line 14, leave out "or" and insert "and"
147Page 198, line 25, leave out first "or" and insert "and"
148Page 200, line 29, at end insert—
"(   )      Section 162 (works in connection with metering) is amended as follows.
(   )      In subsection (1A), in paragraph (a) at the end there is inserted "or".
(   )      In that subsection, after paragraph (c) there is inserted "or
    (d)  a licensed water supplier supplies water to those premises using the undertaker's supply system."
(   )      After that subsection there is inserted—
    "(1B)      In subsection (1A)(d) above, the reference to the supply system of a water undertaker shall be construed in accordance with section 17B(5) above.""
149Page 200, line 31, at end insert—
"(   )      Section 175 (offence of tampering with meter) is amended as follows.
(   )      In subsection (1)(a), after "undertaker" there is inserted "or licensed water supplier".
(   )      In subsection (2), for the words from "consent" to the end there is substituted "appropriate consent".
(   )      After that subsection there is inserted—
    "(3)      In subsection (2) above, the "appropriate consent" means—
    (a)  if the meter is used by one relevant undertaker, the consent of that undertaker;
    (b)  if the meter is used by one licensed water supplier, the consent of that supplier;
    (c)  if the meter is used by two or more of the following persons—
    (i)  a relevant undertaker;
    (ii)  a licensed water supplier,
    the consent of each of those persons.
    (4)      In subsection (3) above, references to the consent of a relevant undertaker are references to consent under section 176 below.""
150Page 203, line 11, at end insert—
"(   )      In that subsection, in paragraph (c), for "203(1) or (2)" there is substituted "203(1), (1A), (2) or (2A)"."
151Page 205, line 38, at end insert—
"(   )      The WRA is amended as follows.
(   )      In section 203 (exchange of information with respect to pollution incidents etc)—
(a)  after subsection (1) there is inserted—
    "(1A)  It shall be the duty of the Agency to provide a licensed water supplier with all such information to which this section applies as is in the possession of the Agency and is reasonably requested by the supplier for purposes connected with the carrying on of activities under its licence.";
(b)  after subsection (2) there is inserted—
    "(2A)  It shall be the duty of every licensed water supplier to provide the Agency with all such information to which this section applies as is in the possession of the supplier and is reasonably requested by the Agency for purposes connected with the carrying out of any of its functions.";
(c)  for subsection (3) there is substituted—
    "(3)  Information provided to a water undertaker, to a licensed water supplier or to the Agency under subsection (1), (1A), (2) or (2A) above shall be provided in such form and in such manner and at such times as the undertaker, the supplier or the Agency, as the case may be, may reasonably require.";
(d)  in subsection (4)—
(i)  for "subsection (1) or (2)" there is inserted "subsection (1), (1A), (2) or (2A)"; and
(ii)  after "undertaker" there is inserted ", to a licensed water supplier";
(e)  in subsection (5), for "a water undertaker under subsection (2) above shall" there is substituted—
    "(a)  a water undertaker under subsection (2) above; or
    (b)  a licensed water supplier under subsection (2A) above,
    shall"; and
    (f)  after subsection (7) there is inserted—
      "(8)  Any reference in this section to a licensed water supplier is a reference to a company holding a licence under Chapter 1A of Part 2 of the Water Industry Act 1991."
    (   )      In section 204 (restriction on disclosure of information)—
    (a)  in paragraph (b) of subsection (2), for "or sewerage undertaker" there is substituted ", sewerage undertaker or company holding a licence under Chapter 1A of Part 2 of the Water Industry Act 1991";
    (b)  in paragraph (c) of that subsection, for "203(1) or (2)" there is substituted "203(1), (1A), (2) or (2A)"; and
    (c)  in subsection (4)(a), after "sewerage undertaker" there is inserted ", or with the carrying on by a company holding a licence under Chapter 1A of Part 2 of the Water Industry Act 1991 of activities under its licence,"."
    152Page 206, leave out lines 14 and 15 and insert—
      ""(aa)  a qualifying licensed water supplier within the meaning of subsection (6) of section 23 of the Water Industry Act 1991 (meaning and effect of special administration order),""
     

    Clause 59

     

    THE LORD WHITTY

    153*Page 74, line 32, leave out "and"
    154*Page 74, line 39, at end insert "; and
    (c)  send a copy of the published draft plan and accompanying statement to such persons (if any) as may be prescribed."
     

    After Clause 59

     

    THE BARONESS MILLER OF CHILTHORNE DOMER
    THE LORD LIVSEY OF TALGARTH

    155Insert the following new Clause—
     

    "WATER CONSERVATION

      Water conservation duty for all public bodies
      It is the duty of—
    (a)  any Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975 (c. 26));
    (b)  any government department;
    (c)  the National Assembly for Wales;
    (d)  a person holding office—
    (i)  under the Crown;
    (ii)  created or continued in existence by a public general Act of Parliament; or
    (iii)  the remuneration in respect of which is paid out of money provided by Parliament;
    (e)  a statutory undertaker (meaning the persons referred to in section 262(1), (3) and (6) of the Town and Country Planning Act 1990 (c. 8)); and
    (f)  any other public body of any description;
      in carrying out his or its functions, to have regard, so far as is consistent with the proper exercise of those functions, to the purpose of furthering the conservation of water."
     

    THE BARONESS O'CATHAIN
    THE BARONESS BYFORD

    156Insert the following new Clause—
      "
      In section 144B of the WIA, in subsection (1)(c) after "prescribed" there shall be inserted "by the Secretary of State, on application by a water undertaker or the Environment Agency,"."
     

    After Clause 61

     

    THE BARONESS O'CATHAIN
    THE BARONESS BYFORD

    157Insert the following new Clause—
      "Water resource management plans and drought plans: implementation
      After section 39A of the WIA there is inserted—
      "39D
        In carrying out their respective functions, the Environment Agency and the Authority shall—
      (a)  take into account the requirements of—
      (i)  all water resource management plans prepared in accordance with sections 37A and 37D above, and
      (ii)  all drought plans prepared in accordance with sections 39B and 39C above; and
      (b)  in that regard co-ordinate the exercise of their respective functions.""
     

    Clause 64

     

    THE BARONESS MILLER OF CHILTHORNE DOMER
    THE LORD LIVSEY OF TALGARTH

    158*Page 81, line 25, at end insert—
    "(5)  Subsections (1) to (4) above shall have effect until December 2007.
    (6)  On 1 December 2007 section 14 (regional flood defence committees) of the Environment Act 1995 shall be repealed.
    (7)  From 1 December 2007 the Secretary of State shall, by order, establish a river basin management committee in place of each regional flood defence committee which will cease to exist under subsection (5).
    (8)  The timescale for the establishment of river basin management committees under subsection (7) shall be in accordance with Article 14 of the Water Framework Directive.
    (9)  Each river basin management committee shall include—
    (a)  elected local authority members from the local authorities which are located in part or entirely within the river basin covered by the committee; and
    (b)  other members whom the Secretary of State considers to offer substantial local knowledge on issues within the competence of the committee.
    (10)  Each river basin management committee shall inherit all of the powers and duties of the regional flood defence committee it shall replace.
    (11)  Each river basin management committee shall develop policies and a river basin management plan in consultation with the Environment Agency.
    (12)  Each river basin management committee may, where the size of the river basin so necessitates, and after consulting the Secretary of State, establish such sub-basin management committees as it considers appropriate.
    (13)  From 1 December 2007 the amendments made in subsections (2) to (4) to Schedule 4 to the Environment Act 1995 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."
     

    After Clause 64

     

    THE LORD LIVSEY OF TALGARTH
    THE BARONESS MILLER OF CHILTHORNE DOMER

    159Insert the following new Clause—
      "Non-main rivers
      River basin management committees shall have the power to direct—
    (a)  the Environment Agency to carry out non-main river management schemes; and
    (b)  that adequate funds be provided to the Environment Agency to carry out non-main river management schemes to agreed standards."
     

    After Clause 67

     

    THE LORD WHITTY

    160Insert the following new Clause—
      "Efficient use of water resources
      In section 6 of the Environment Act 1995 (c. 25) (general provisions with respect to water), in subsection (2)(b), after "Wales" there is inserted "(including the efficient use of those resources)"."

 
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©Parliamentary copyright 2003
11 June 2003