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Water Bill [HL]

COMMONS AMENDMENTS

[The page and line refer to Bill 149 as first printed for the Commons.]

Clause 1

1

Page 1, line 4, leave out Clause 1

Clause 2

2

Page 1, line 7, leave out Clause 2

Clause 3

3

Page 2, leave out lines 39 and 40 and insert—

 

“(i)   

transferring water to another source of supply; or

 

(ii)   

transferring water to the same source of supply, but at

 

another point, in the course of dewatering activities in

 

connection with mining, quarrying, engineering, building

 

or other operations (whether underground or on the

 

surface),

 

   

in either case without intervening use (a “transfer licence”);”

Clause 4

4

Page 4, line 7, leave out “ “relevant” and insert “ “the relevant”

Clause 5

5

Page 4, line 38, leave out paragraph (a)

6

Page 4, line 40, leave out “such notices” and insert “notices of appeal under

 

subsection (4)”

7

Page 5, line 28, leave out “otherwise,” and insert “in relation to England,”

Clause 9

8

Page 10, leave out lines 36 to 39

 
HL Bill 12053/2

 

(  2  )

 

Clause 12

9

Page 14, line 26, leave out “be taken to continue” and insert “continue to be taken”

Clause 17

10

Page 19, line 38, at end insert “or a transfer licence”

11

Page 19, line 40, leave out “full licence” and insert “licence of the same type”

Clause 19

12

Page 21, line 13, leave out “is taken to continue” and insert “continues to be taken”

13

Page 21, line 16, leave out “(subject to subsection (11) of that section)”

14

Page 21, line 18, leave out “is taken to continue” and insert “continues to be taken”

15

Page 21, line 21, leave out “is taken to continue” and insert “continues to be taken”

16

Page 21, line 29, leave out “that quantity or, if lower,”

17

Page 21, leave out lines 31 to 37 and insert—

 

“(3)   

The maximum quantity is the lower of the following—

 

(a)   

twenty cubic metres;

 

(b)   

if, by virtue of an order under section 27A(1) above, section 27(1)

 

above has, or has ever had, effect in relation to the source of supply

 

and point of abstraction in question as if it referred to a quantity

 

lower than twenty cubic metres, that lower quantity (or, if more

 

than one, the lowest of them).”

18

Page 22, line 8, leave out “other provision mentioned in” and insert “provision

 

mentioned in paragraph (a), (c), (d), (e) or (f) of”

19

Page 22, line 19, leave out “be taken to continue” and insert “continue to be taken”

20

Page 22, line 22, leave out “be taken to continue” and insert “continue to be taken”

21

Page 22, line 35, after “or”, insert “abstractions”

22

Page 22, line 38, leave out “subsection (8)” and insert “subsections (8) and (9)”

Clause 21

23

Page 24, line 4, leave out “(4)” and insert “(4A)”

24

Page 24, line 24, at end insert—

 

“(4A)   

In subsection (7), for “or by different means” there is substituted “, by

 

different means or for different purposes”.”

Clause 25

25

Page 28, line 32, after “licence”, insert “other than a temporary licence”

26

Page 29, line 8, leave out “it is proposed he be permitted” and insert “he proposes”

27

Page 29, line 11, leave out “it is proposed he be permitted” and insert “he proposes”

28

Page 29, line 12, leave out from “which” to “abstract” in line 13 and insert “those


 

(  3  )

 
 

persons referred to in paragraph (a) above who would require a new licence

 

granted under subsection (5) below would”

29

Page 29, line 17, leave out “those persons would be permitted to” and insert “that

 

the persons referred to in paragraph (a) above would”

30

Page 30, line 23, leave out “of four years” and insert “mentioned in subsection

 

(11A) below”

31

Page 30, line 27, at end insert—

 

“(11A)   

The period referred to in subsection (11)(a) above is—

 

(a)   

four years; or

 

(b)   

if the abstractions authorised under the old licence were

 

abstractions planned to be carried out at intervals of more than four

 

years, or abstractions for emergency purposes only, such longer

 

period as the Agency may determine on the application of the

 

person in question.”

32

Page 30, line 29, leave out from “treated” to end of line 32 and insert—

 

“(a)   

as if it had been granted at the time the old licence was granted; and

 

(b)   

as if it and any other new licence granted by virtue of the relevant

 

apportionment notice had been granted in place of the old licence.”

Clause 26

33

Page 32, line 2, leave out second “loss or damage”

34

Page 32, line 3, after “and”, insert “is loss or damage”

Clause 29

35

Page 34, line 4, after “WRA”, insert “(which provide for the Secretary of State to

 

direct the Environment Agency to revoke or vary a licence in certain

 

circumstances)”

Clause 33

36

Page 37, line 41, leave out Clause 33

Clause 38

37

Page 41, leave out lines 4 to 6 and insert—

 

“( )   

The Council shall exercise and perform its powers and duties in the manner

 

which it considers is best calculated to contribute to the achievement of

 

sustainable development.”

38

Page 41, line 13, after “or”, insert “by”

Clause 42

39

Page 47, line 5, after “or”, insert “by”

40

Page 47, line 22, leave out “(3)” and insert “(4)”

41

Page 47, line 24, leave out “(3)” and insert “(4)”


 

(  4  )

42

Page 47, line 26, leave out “(3)” and insert “(4)”

Clause 47

43

Page 57, line 36, leave out “such”

Clause 50

44

Page 60, line 14, leave out “Office of Fair Trading” and insert “OFT”

Clause 57

45

Page 71, line 8, leave out “14A and 14B” and insert “16A and 16B”

Clause 58

46

Page 74, line 32, leave out “has been” and insert “is”

47

Page 74, line 35, leave out from “which” to “within” in line 36 and insert “such a

 

direction may be given”

Clause 60

48

Page 75, line 37, at end insert—

 

“( )   

Any such proceedings by the Assembly may be instituted and carried on in

 

the name of the Chief Inspector of Drinking Water for Wales, if there is one

 

(or, if subsection (1B)(b) above applies, in the name of the Chief Inspector

 

of Drinking Water).”

49

Page 76, leave out lines 3 to 5

Clause 61

50

Page 76, line 28, leave out from “until” to end of line 30 and insert “an indemnity

 

with respect to the arrangements has been given by virtue of section 90 below—

 

(a)   

to the water undertaker; and

 

(b)   

to any licensed water supplier which is entitled to one.”

51

Page 77, leave out lines 3 to 6

52

Page 77, line 10, leave out “The terms may, for example,” and insert “Those terms

 

shall”

53

Page 77, line 11, leave out from “requiring” to end of line 12 and insert “the relevant

 

authority to meet the reasonable capital and operating costs incurred by the water

 

undertaker in giving effect to the arrangements;”

54

Page 77, line 20, at end insert—

 

“(8A)   

If two or more relevant authorities request a particular water undertaker to

 

enter into arrangements in respect of adjoining areas—

 

(a)   

the authorities shall co-operate with each other so as to secure that

 

the arrangements (taken together) are operable and efficient; and

 

(b)   

if suitable terms are not agreed for all the arrangements, a

 

combined reference may be made by the relevant authorities under


 

(  5  )

 
 

section 87A below to enable the terms of each set of arrangements

 

to be determined so that they are consistent.

 

(8B)   

If a relevant authority requests a water undertaker to vary arrangements,

 

the authority shall co-operate with any relevant authority for an adjoining

 

area which has entered into arrangements with the same water undertaker

 

so as to secure that following the variation the arrangements (taken

 

together) will be operable and efficient.

 

(8C)   

If suitable terms are not agreed for a variation mentioned in subsection

 

(8B), a combined reference may be made by the relevant authorities under

 

section 87A below to enable the terms of the variation to be determined so

 

that (following the variation) both sets of arrangements are consistent.”

55

Page 77, line 20, at end insert—

 

“(8D)   

Before carrying out the consultation required by subsection (1) of section 89

 

below in relation to a step mentioned in paragraph (a), (b) or (c) of

 

subsection (2) of that section, a relevant authority shall consult the water

 

undertaker in question as to whether the arrangements which would result

 

from taking that step would be operable and efficient (or, where it is

 

proposed to terminate the arrangements, as to whether it would be

 

reasonably practicable to do so).”

56

Page 77, leave out lines 21 to 27

57

Page 77, line 27, at end insert—

 

“87ZA 

Target concentration of fluoride

 

(1)   

Arrangements under section 87(1) above shall include provision for

 

securing that, so far as reasonably practicable, the concentration of fluoride

 

in the water supplied to premises in the specified area is maintained at the

 

general target concentration of one milligram per litre.

 

(2)   

But the arrangements may provide for the concentration in the specified

 

area (or any part of it) to be lower than that if the relevant authority

 

considers that it is not reasonably practicable to achieve the general target

 

concentration in the specified area (or that part of it).

 

(3)   

Any such lower concentration must still be as high as is reasonably

 

practicable in the circumstances.

 

(4)   

If, in relation to any area (“area A”), an order under section 88A(1) below

 

specifies a general target concentration lower than that for which any

 

arrangements effective there provide (or, by the previous operation of this

 

subsection, are taken to provide), the arrangements shall have effect from

 

the coming into force of the order as if they provided for the general target

 

concentration specified in the order (subject to the operation again of

 

subsections (2) and (3) above).

 

(5)   

If the result of the operation of subsection (4) above in relation to

 

arrangements in area A is that in an area adjoining area A (“area B”) it is not

 

reasonably practicable to maintain the concentration of fluoride in the

 

water supplied by virtue of arrangements made in area B with the same

 

water undertaker, the order shall be taken to extend also to area B so far as


 

(  6  )

 
 

those arrangements are concerned, and subsection (4) above shall apply

 

accordingly.

 

(6)   

An order under section 88A(1) below which in relation to any area specifies

 

a general target concentration higher than that for which any arrangements

 

effective there provide (or are taken to provide by virtue of subsection (4)

 

or (5) above) does not have effect to increase the concentration for which

 

the arrangements provide (or are taken to provide).

 

(7)   

In this section, “specified area” means the area specified in arrangements

 

under section 87(1) above.”

58

Page 77, line 30, leave out from “agree” to end of line 31 and insert “—

 

(a)   

the terms of arrangements requested by the relevant authority

 

pursuant to subsection (1) of section 87 above; or

 

(b)   

a variation in the terms of those arrangements following a request

 

by the relevant authority pursuant to subsection (7)(c) of that

 

section.”

59

Page 77, line 32, after “England”, insert “(except where subsection (3A) below

 

applies)”

60

Page 77, line 35, leave out from “State” to end of line 36 and insert “may—

 

(i)   

determine the terms of the arrangements as he sees fit; or

 

(ii)   

refer the matter for determination by such other person as

 

he considers appropriate; and”

61

Page 77, line 37, after “State”, insert “or, as the case may be, the other person”

62

Page 77, line 38, after “Wales”, insert “(except where subsection (3A) below

 

applies)”

63

Page 77, line 45, at end insert—

 

“(3A)   

Where the Assembly is one of the relevant authorities which has made a

 

combined reference under section 87(8A)(b) or (8C) above—

 

(a)   

the terms of the arrangements shall be determined by a person

 

appointed by the Secretary of State and the Assembly acting jointly;

 

and

 

(b)   

the determination of that person shall be final.”

64

Page 79, line 3, at end insert—

 

“( )   

But (except where it is reasonably practicable to terminate the

 

arrangements separately), arrangements to which section 87(8A)(a) or (b)

 

applied may only be terminated by the relevant authorities acting jointly.””

65

Page 79, line 8, leave out “Secretary of State” and insert “appropriate authority”

66

Page 79, line 9, leave out “87(5)” and insert “87ZA(1)”

67

Page 79, line 15, after “made”, insert “by the Secretary of State (or by the Secretary

 

of State and the Assembly acting jointly)”

68

Page 79, line 16, at end insert—

 

“(4)   

In subsection (1) above “appropriate authority”—

 

(a)   

in relation to an area which is partly in England and partly in Wales,

 

means the Secretary of State and the Assembly acting jointly;


 

(  7  )

 
 

(b)   

in relation to an area which is wholly in England, means the

 

Secretary of State; and

 

(c)   

in relation to an area which is wholly in Wales, means the

 

Assembly.

 

(5)   

An order amending or revoking an order under subsection (1) above made

 

by virtue of subsection (4)(a) above must also be made by the Secretary of

 

State and the Assembly acting jointly.””

69

Page 79, line 22, leave out “Secretary of State” and insert “appropriate authority”

70

Page 79, line 23, leave out “any prescribed requirements” and insert “the

 

requirements set out in regulations made by the appropriate authority”

71

Page 79, line 33, leave out from beginning to “requirements” in line 36 and insert—

 

“( )   

Regulations—

 

(a)   

under paragraph (a) of subsection (1) above shall include provision

 

about the process which relevant authorities are to follow for the

 

purposes of that paragraph;

 

(b)   

under paragraph (b) of that subsection shall include provision

 

about the”

72

Page 79, line 41, leave out from beginning to end of line 2 on page 80 and insert “if

 

the appropriate authority so directs by an instrument in writing (and such a

 

direction may apply either generally or in relation to a particular proposal).”

73

Page 80, line 2, at end insert—

 

“( )   

In this section “appropriate authority”—

 

(a)   

in a case where two or more relevant authorities (one of which is the

 

Assembly) propose to request a particular water undertaker to take

 

a step mentioned in subsection (2)(a), (b) or (c) in respect of

 

arrangements in adjoining areas, means the Secretary of State and

 

the Assembly acting jointly;

 

(b)   

in relation to England (except in a case to which paragraph (a)

 

applies), means the Secretary of State; and

 

(c)   

in relation to Wales (except in a case to which paragraph (a)

 

applies), means the Assembly.””

74

Page 80, line 9, at end insert—

 

“(1A)   

The Secretary of State may also, with the consent of the Treasury, agree to

 

indemnify any licensed water supplier in respect of liabilities which it may

 

incur—

 

(a)   

in supplying water to which fluoride has been added by a water

 

undertaker by virtue of any such arrangements;

 

(b)   

(if the licensee is introducing water into the water undertaker’s

 

supply system) in complying with any obligation imposed on it by

 

the undertaker in consequence of the arrangements.”

75

Page 80, line 13, after “(1), insert “or (1A)”

76

Page 80, line 15, at end insert—


 
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