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

House of Lords

back to previous amendments

 

Clause 72

 

THE LORD WHITTY

161Page 85, line 17, after first "a" insert "large raised"
 

Clause 73

 

THE LORD WHITTY

162Page 86, line 34, after "reservoir" insert "(whether a large raised reservoir or not, as the case may be)"
 

After Clause 76

 

THE LORD LIVSEY OF TALGARTH
THE BARONESS MILLER OF CHILTHORNE DOMER

163Insert the following new Clause—
  "Sustainable conservation of water resources
  The Environment Agency shall continuously monitor water resources in England and Wales to ensure—
(a)  that all water resources are ecologically sustainable;
(b)  high levels of water quality;
(c)  that water quality consistently improves over time;
(d)  that compensatory river flows can sustain a river system;
(e)  that volumes of water in lakes and reservoirs comply with agreed pre-determined levels;
(f)  that oxygen and acidity levels meet agreed parameters;
(g)  that fresh water fisheries can sustain the renewal of fish populations;
(h)  that actions and targets are laid down as a result of river basin management plans agreed with river basin management committees."
 

Clause 85

 

THE LORD WHITTY

164Page 101, line 6, at end insert—
"(   )  The prohibition imposed on a water undertaker by subsection (11) above shall be enforceable under section 18 above by the Authority."
 

Clause 86

 

THE LORD LIVSEY OF TALGARTH
THE BARONESS MILLER OF CHILTHORNE DOMER

165Page 105, line 31, at end insert—
"(5)  After consultation with any such bodies as appropriate the Secretary of State shall publish a protocol for unadopted sewers."
 

Clause 88

 

THE LORD WHITTY

166Page 108, line 43, leave out subsection (8) and insert—
"(8)  The substitution by subsection (7) of section 101 of the WIA does not apply in respect of requirements notified under section 98 of the WIA before subsection (7) comes into force."
 

Clause 91

 

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

167Page 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"."
168Page 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 communication 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.""
169Page 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)  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.""
170Page 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

171Insert 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"."
172Insert 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.""
     

    Clause 93

     

    THE LORD WHITTY

    173Page 117, line 19, after "enactments" insert "and instrument"
    174Page 117, line 19, after "repealed" insert "or revoked"
     

    Schedule 7

     

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

    175Page 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.""
     

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

    176Page 184, line 19, at end insert—
     

    "Metropolis Water Act 1852 (c. 84)

          Section 1 of the Metropolis Water Act 1852 (restriction on sources of supply of water to London) shall cease to have effect."
     

    Schedule 9

     

    THE LORD WHITTY

    177Page 206, line 21, column 2, at beginning insert—
      "In section 21(9), the words from "in that subsection" to the end."
    178*Page 207, leave out line 9
    179*Page 207, leave out line 13
     

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

    180Page 207, line 26, at end insert—
      "Metropolis Water Act 1852(c. 84)Section 1."
     

    THE LORD WHITTY

    181Page 208, column 2, leave out lines 32 to 34
    182Page 208, line 46, at end insert—
      "National Assembly for Wales (Transfer of Functions) Order 1999 (SI 1999/672)In Schedule 1, in the entry relating to the WIA—         (a)   
     

    Clause 94

     

    THE LORD SUTHERLAND OF HOUNDWOOD

    183Page 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."

 
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©Parliamentary copyright 2003
11 June 2003