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

House of Lords

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Clause 23

 

THE LORD WHITTY

24Page 25, leave out lines 13 and 14
25Page 25, line 15, leave out "such notices" and insert "notices of appeal under subsection (1C) above"
 

Clause 27

 

THE BARONESS BYFORD
THE LORD DIXON-SMITH

26Page 32, line 28, at end insert—
"(   )  After subsection (4) there is inserted—
"(   )  Subsection (4) above shall not apply while the possibility of the abstraction of water under the licence constitutes part of—
(a)  any water resource management scheme maintained under section 20, 20A or 20B above; or
(b)  any drought plan maintained under section 39B above.""
 

Clause 29

 

THE LORD WHITTY

27Page 33, line 25, leave out from "protect" to end of line 26 and insert "from serious damage—
(i)  any inland waters,
(ii)  any water contained in underground strata,
(iii)  any underground strata themselves,
  or any flora or fauna dependent on any of them."
28Page 33, line 28, at end insert—
"(   )  Expressions used in sub-paragraphs (i), (ii) and (iii) of subsection (1)(d) are to be construed in accordance with section 221 of the WRA, and "waters", in relation to a lake, pond, river or watercourse which is for the time being dry, includes its bottom, channel or bed."
 

After Clause 34

 

THE BARONESS BYFORD
THE LORD DIXON-SMITH

29Insert the following new Clause—
  "Refusal to supply
(1)  Any water undertaker may refuse to supply water for new domestic, commercial or industrial developments where the daily water requirement would exceed one megalitre of water for the whole development.
(2)  Any water undertaker may refuse to supply water for an expansion of a domestic, commercial or industrial development where the daily water requirement would exceed one megalitre for the whole expansion or bring the daily requirement above two megalitres for the whole complex."
 

After Clause 35

 

THE LORD WHITTY

30Insert the following new Clause—
  "Application of certain water resources provisions to this Act
(1)  The relevant WRA provisions apply to (or in relation to) the following sections of this Act (the "applicable sections") as they apply to (or in relation to) Part 2 or, as the case may be, Chapter 2 of Part 2 of the WRA—
(a)  section 5(existing impounding works),
(b)  section 6(existing impounding works: works notices), and
(c)  section 12(orders under section 33 of the WRA, etc).
(2)  Accordingly, in the relevant WRA provisions—
(a)  references to Part 2 of, or to Chapter 2 of Part 2 of, the WRA are to be read as if the applicable sections were included in that Part or that Chapter,
(b)  references to the related water resources provisions are to be read as if those provisions meant, in relation to the applicable sections, the relevant WRA provisions other than section 222 of the WRA, and
(c)  references to the Secretary of State are to be read as references to the appropriate authority (as defined, in each case, in the applicable section in question).
(3)  The "relevant WRA provisions" are the following provisions of the WRA—
(a)  section 120 (contributions between the Agency and certain other authorities),
(b)  section 158 (works agreements for water resources purposes),
(c)  section 201 (power to require information in respect of water resources functions), as substituted by section 70 of this Act,
(d)  section 216 (enforcement: powers and duties),
(e)  section 222 (Crown application), as in force immediately before the substitution made by paragraph 2(4) of Schedule 21 to the Environment Act 1995 (c.25) and for so long as the substituted section 222 does not apply to Part 2 of the WRA.
(4)  Section 220 of the WRA (provisions relating to service of documents) applies to documents required or authorised by virtue of any of the applicable sections to be served on any person as it applies to documents required or authorised to be served by virtue of the WRA.
(5)  References in the WRA to the functions (generally) of the Environment Agency are to be read as including the Agency's functions under the applicable sections."
 

Clause 37

 

THE LORD WHITTY

31*Page 39, line 20, at end insert—
"(   )  In the exercise of its functions the Council shall have regard, where relevant, to any benefits to consumers from the achievement of sustainable development."
 

After Clause 41

 

THE BARONESS BYFORD
THE LORD DIXON-SMITH

32Insert the following new Clause—
  "Coordinated regulation
  After section 5 of the WIA there is inserted—
 "Part 1A
 Coordinated regulation
  Coordinated regulation
(1)  In this section the Agency, the Authority, the Chief Inspector of Drinking Water and (if separately appointed) the Chief Inspector of Drinking Water for Wales and the Consumer Council for Water shall together be referred to as "the regulators".
(2)  The Secretary of State, the Assembly and the regulators shall consult and cooperate with one another in those matters which affect the water industry and where there is or may be an overlapping or conflicting interest.""
 

Clause 45

 

THE LORD WHITTY

33*Page 53, line 9, at end insert—
  "Duty to consult Council
(1)  It shall be the duty of the Authority to consult the Council in relation to the exercise of each of its functions, except where—
(a)  the Council has indicated to the Authority (whether specifically or generally) that it does not wish to be consulted; or
(b)  the Authority considers that it would be clearly inappropriate to consult the Council.
(2)  That duty is in addition to any duty on the Authority to consult the Council which is provided for elsewhere."
 

Clause 46

 

THE LORD WHITTY

34Page 53, leave out lines 26 and 27
 

Clause 51

 

THE BARONESS BYFORD
THE LORD DIXON-SMITH

35Page 64, line 33, leave out subsection (2)
 

After Clause 53

 

THE LORD WHITTY

36*Insert the following new Clause—
  "Cooperation between water regulators
(1)  This section imposes duties on each of the following—
(a)  the Secretary of State,
(b)  the Assembly,
(c)  the Environment Agency, and
(d)  the Water Services Regulation Authority.
(2)  It is the duty of each of those mentioned in subsection (1) to make arrangements with each of the others with a view to promoting, in the case of each pair of them—
(a)  co-operation and the exchange of information between them, and
(b)  consistency of treatment of matters which affect both of them.
(3)  That duty relates only—
(a)  in the case of the Water Services Regulation Authority, to its functions under the WIA relating to the regulation of water and sewerage undertakers and licensed water suppliers,
(b)  in the case of the Secretary of State and the Assembly, to their functions of the description referred to in paragraph (a), and to their functions under the WIA relating to the quality of water supplied by water undertakers and licensed water suppliers,
(c)  in the case of the Environment Agency, to its functions concerning water resources and water pollution so far as they relate to water and sewerage undertakers and licensed water suppliers.
(4)  As soon as practicable after agreement is reached on any arrangements required by this section, the parties must prepare a memorandum setting them out.
(5)  The parties to any such arrangements must keep them under review.
(6)  As soon as practicable after agreement is reached on any changes to arrangements under this section, the parties must revise their memorandum.
(7)  Parties to arrangements required by this section must send a copy of their memorandum (and any revised memorandum) to each person mentioned in subsection (1) who is not a party to the arrangements set out in it.
(8)  The Secretary of State must lay before each House of Parliament a copy of every memorandum (and revised memorandum) under this section."
 

Clause 55

 

THE LORD WHITTY

37*Page 68, line 4, at end insert—
"(   )  For the purposes of subsection (3) above, where—
(a)  the question or matter referred to the Commission concerns the review of a price control imposed on the company holding the appointment; and
(b)  the Commission is to decide to what extent it is reasonable to take into account in its determination costs incurred or borne by the company in connection with the reference,
  the Commission shall also have regard to the extent to which, in its view, its determination is likely to support the company's (rather than the Authority's) claims in relation to the question or matter referred to it."
 

After Clause 59

 

THE BARONESS O'CATHAIN

38Insert 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;
(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

39Page 75, line 7, at end insert "which shall not be less than 25 years"
40Page 75, line 7, at end insert—
(c)  any other matters which he considers appropriate"
 

After Clause 81

 

THE LORD WHITTY

41Insert the following new Clause—
  "Water conservation by public authorities
(1)  In exercising its functions and conducting its affairs, each public authority shall take into account, where relevant, the desirability of conserving water supplied to premises.
(2)  In subsection (1), "public authority" means any of the following—
(a)  a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975 (c. 26)),
(b)  a Government department,
(c)  the Assembly,
(d)  a local authority (within the meaning of section 270(1) of the Local Government Act 1972 (c. 70)),
(e)  a person holding an office—
(i)  under the Crown,
(ii)  created or continued in existence by a public general Act, or
(iii)  the remuneration in respect of which is paid out of money provided by Parliament,
(f)  a statutory undertaker (being any person who, by virtue of section 262 of the Town and Country Planning Act 1990 (c. 8) is a statutory undertaker for any purpose), and
(g)  any other public body of any description."

 
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9 July 2003