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

House of Lords

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Clause 51

 

THE BARONESS BYFORD
THE LORD DIXON-SMITH

Page 64, line 33, leave out subsection (2)
 

After Clause 59

 

THE BARONESS O'CATHAIN

Insert the following new Clause—
  "Restriction on undertakers' power to require fixing of charges by reference to volume
  In section 144B of the WIA (restriction on undertakers' power to require fixing of charges by reference to volume), in subsection (1)(c), after "prescribed" there is inserted—
  "by—
(i)  the Secretary of State, or
(ii)  the Secretary of State on application by a water undertaker; or
(iii)  the Secretary of State on application by the Environment Agency"."
 

Clause 62

 

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

Page 75, line 7, at end insert "which shall not be less than 25 years"
Page 75, line 7, at end insert—
(c)  any other matters which he considers appropriate"
 

Clause 97

 

THE LORD WHITTY

Page 118, line 2, at end insert—
"(   )  in the paragraph relating to functions under section 67, for paragraphs (a) and (b) there is substituted—
    "(a)  for the making of regulations concerning water supplied using the supply system of a water undertaker, the function is transferred in relation to the supply system of any water undertaker whose area is wholly or mainly in Wales;
    (b)  for the making of regulations concerning water supplied other than using the supply system of a water undertaker, the function is transferred in relation to Wales.","
    Page 118, line 44, at end insert—
    "(   )  in the paragraph relating to Article 2(c), at the end there is inserted "or any licensed water supplier using the supply system of any such water undertaker." "
     

    Clause 99

     

    THE LORD WHITTY

    Page 120, line 15, leave out second "the" and insert "an"
    Page 120, line 18, leave out "is hereby revoked" and insert "shall cease to have effect (so far as it applies to that abstraction)"
    Page 120, line 19, leave out subsection (3) and insert—
    "(3)  Subject to subsection (4), the person who was the holder of a full licence which ceases (or ceases in part) to have effect by virtue of subsection (2), and who had been taken in consequence of that licence (or that part of the licence) to have a right to abstract water by virtue of section 48(1) of the WRA, shall be taken to continue to have that right for the purposes of Chapter 2 of Part 2 of the WRA."
    Page 120, line 22, leave out subsection (4) and insert—
    "(4)  A person shall cease to be taken to continue to have the right mentioned in subsection (3), for the purposes mentioned there, if during a period of—
    (a)  four years, or
    (b)  if the abstractions authorised under the licence (or relevant part of the licence) were abstractions planned to be carried out at intervals of more than four years, or for emergency purposes only, such longer period as the Agency may determine on the application of the person,
      he does not carry out any such abstraction as would have been authorised by the licence (or relevant part of the licence) if it had still been in force."
     

    Clause 100

     

    THE LORD WHITTY

    Page 121, line 16, at end insert—
      "or who is a person who falls within subsection (3A).
    (3A)  A person falls within this subsection if he satisfies the Environment Agency of the following—
    (a)  that the nature of his operations, or proposed operations, requires him to make plans about the abstraction of water,
    (b)  that before the coming into force of any provision of this Act he would not have required a licence under Chapter 2 of Part 2 of the WRA in respect of any such abstraction for which he had reasonably planned (or, if there has already been such an abstraction, he did not require such a licence in respect of it),
    (c)  that following the coming into force of any such provision he does require such a licence in respect of it, and
    (d)  that he has suffered loss or damage as a result of his having been—
    (i)  refused a licence under Chapter 2 of Part 2 of the WRA in respect of that abstraction, or
    (ii)  granted such a licence, but in respect of an abstraction of more limited extent than he had reasonably applied for,
      and he applies for compensation before any deadline provided for in the regulations under subsection (1)."
     

    THE BARONESS BYFORD
    THE LORD DIXON-SMITH

    Page 121, line 35, 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"
     

    Schedule 4

     

    THE BARONESS BYFORD
    THE LORD DIXON-SMITH

    Page 139, line 37, at end insert—
    "(c)  conditions requiring the payment by the licence holder of sums relating to any of the expenses mentioned in section 39(3) of the Water Act 2003."
     

    Schedule 7

     

    THE LORD WHITTY

    Page 177, line 20, at end insert—
           "In section 206 (making of false statements etc), in subsection (1), after "Act" there is inserted "or of section 5, 6 or 12 of the Water Act 2003".
           In section 217 (criminal liabilities of directors and other third parties), in subsection (1), after "this Act" there is inserted "or under section 6 of the Water Act 2003".
           In section 222 (Crown application), as substituted by paragraph 2(4) of Schedule 21 to the Environment Act 1995 (c.25), after subsection (10) there is added—
      "(11)  This section shall apply in relation to sections 5, 6 and 12 of the Water Act 2003 as it applies in relation to the provisions of this Act." "
      Page 181, line 3, at end insert—
       

      "Environment Act 1995 (c. 25)

             In section 6 of the Environment Act 1995, after subsection (3) there is inserted—
        "(3A)  Subsection (3) above shall apply to—
        (a)  sections 5 and 6 of the Water Act 2003; and
        (b)  such of the related water resources provisions as apply in relation to those sections by virtue of section [Application of certain water resources provisions to this Act](2) of the Water Act 2003,
          as it applies to the provisions referred to in that subsection.""

 
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8 July 2003