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

House of Lords

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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 92

     

    THE LORD EVANS OF TEMPLE GUITING

    172APage 116, line 42, at end insert—
    "(g)  the function of the Secretary of State under section 16A(5)(a);","
     

    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."
    178Page 207, leave out line 9
    179Page 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."
     

    Clause 95

     

    THE LORD WHITTY

    184Page 118, line 19, after second "the" insert "Environment"
     

    THE LORD SUTHERLAND OF HOUNDWOOD

    185Page 118, line 30, at end insert ", and
    (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"
     

    THE LORD WHITTY

    186Page 118, line 32, after second "the" insert "Water Services Regulation"
     

    After Clause 96

     

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

    187Insert the following new Clause—
      "Consolidation of water-related legislation
      Within one year of the date that this Act receives Royal Assent, the Secretary of State shall publish a draft Bill for consultation, consolidating the legislation relating to water."
     

    In the Title

     

    THE LORD WHITTY

    188*Line 11, after "England;" insert "to repeal section 1 of the Metropolis Water Act 1852;"

 
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23 June 2003