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

House of Lords

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Clause 89

 

THE LORD WHITTY

42Page 99, line 29, leave out "an agreement under section 51A below" and insert "this Chapter"
 

Clause 90

 

THE LORD WHITTY

43Page 102, leave out lines 1 to 3 and insert—
"(   )  Subsection (1) above shall not apply in the case of water mains or service pipes which are to be used (in whole or in part) for the purpose of supplying water other than for domestic purposes, but—
(a)  nothing in this section shall prevent a water undertaker from agreeing apart from this section to declare any such water main or service pipe (or a part of it, as specified in the agreement) to be vested in the undertaker; and
(b)  such a declaration shall take effect as a declaration made under this Chapter."
44Page 102, line 5, after "pipe" insert "to which subsection (1) above applies"
45Page 103, leave out lines 36 to 41
46Page 105, line 28, at end insert—
"51DProhibition on connection without adoption
(1)  Where a person (other than a water undertaker) constructs a water main or service pipe which is to be used, in whole or in part, for supplying water for domestic or food production purposes, no water undertaker may permit that water main or service pipe to become connected with its supply system unless it vests (to the relevant extent) in a water undertaker.
(2)  In subsection (1) above, "the relevant extent" means the extent specified in the agreement for the vesting in the undertaker of the water main or service pipe in question.
(3)  The prohibition imposed on a water undertaker by subsection (1) above shall be enforceable under section 18 above by the Authority."
47Page 105, line 30, leave out "51C" and insert "51D"
48Page 105, line 39, leave out "mentioned in subsection (2) above" and insert "specified for those purposes in the relevant vesting agreement."
49Page 105, line 44, leave out "51A(11)" and insert "51D(1)"
50Page 106, line 5, leave out "51A(11)" and insert "51D(1)"
51Page 106, line 25, leave out "under section 51A above"
52Page 106, line 30, leave out "under section 51A above" and insert "to make such a declaration."
53Page 106, line 34, leave out "51D(3)" and insert "51E(3)"
 

Clause 91

 

THE LORD LIVSEY OF TALGARTH
THE BARONESS MILLER OF CHILTHORNE DOMER

54Page 108, line 19, at end insert—
"(5)  The Secretary of State shall, within 2 years of the coming into force of this section, make regulations providing that the ownership of private sewers connected to the public system shall be transferred to sewerage undertakers or local authorities.
(6)  Regulations may not be made under subsection (5) unless a draft of the statutory instrument containing the regulations has been laid before and approved by a resolution of both Houses of Parliament."
 

Clause 97

 

THE LORD WHITTY

55Page 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.","
56Page 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

57Page 120, line 15, leave out second "the" and insert "an"
58Page 120, line 18, leave out "is hereby revoked" and insert "shall cease to have effect (so far as it applies to that abstraction)"
59Page 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."
60Page 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

61Page 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

62Page 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 LORD WHITTY

63Page 139, line 2, leave out "to (4)" and insert "and (3)"
 

THE BARONESS BYFORD
THE LORD DIXON-SMITH

64Page 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."
 

THE LORD WHITTY

65Page 144, line 24, after "share" insert "at such time and"
66Page 171, leave out line 43 and insert "first day on which all of the provisions of this Schedule and Schedule 8 are in force."
 

Schedule 7

 

THE LORD WHITTY

67Page 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.""
68Page 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.""
 

Schedule 8

 

THE LORD WHITTY

69Page 197, leave out lines 29 to 33
70Page 209, line 24, leave out paragraph 51 and insert—
"(1)      Section 219 (general interpretation) is amended as follows.
(2)      In subsection (1)—
(a)  in paragraph (a) of the definition of "customer or potential customer", at the end there is inserted "(other than a licensed water supplier)",
(b)  in the definition of "water main"—
(i)  after "water undertaker" there is inserted "or licensed water supplier", and
(ii)  after "of the undertaker" there is inserted "or supplier", and
(c)  in the appropriate place there is inserted—
  ""licensed water supplier" shall be construed in       accordance with section 17B(9) above;".
(3)      After subsection (4) there is inserted—
"(4A)      In this Act, unless otherwise stated, references to the supply system of a water undertaker are to the water mains and other pipes which it is the undertaker's duty to develop and maintain by virtue of section 37 above.""

 
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9 July 2003