Select Committee on Delegated Powers and Regulatory Reform Twelfth Report


ANNEX A: LIST OF CLAUSES CONTAINING DELEGATED (STATUTORY INSTRUMENT) POWERS IN THE WATER BILL [HL]

Clause Number TitleSubject Procedure for exercise
6 (new section 27A(1)) Rights to abstract small quantities Power to set a different threshold in a specified area, a particular class of inland waters or underground strata, or a class of such waters or strata within a specified area. Negative SI
8 (new section 199A(6)) Appeals against conservation notices Power to prescribe the manner in which notices of appeal against conservation notices are to be made, the timescale within which appeal has to be made and the manner in which appeals are to be dealt with. Negative SI
9 (new section 33A(1)) Power to provide for further exemptions Power to exempt specified abstractions and impounding works from the need for a licence. Negative SI
10 (new section 33(1)) Orders under s.33 of the WRA, etc Power to revoke exemption orders (orders that remove the normal requirement for abstraction licensing from any source of supply). Negative SI
10 (new section 36A(1)) Orders under s.33 of the WRA, etc Power to require an applicant for one type of abstraction licence to apply instead for another type or to group several related applications together. Negative SI
14 (new sections 37(6) and 37A) Publication of application for licence Modification of existing powers to enable the procedural regulations to specify the circumstances in which publication is dispensed with. Negative SI
21Modification of impounding licences Power to prescribe appeal procedure. Negative SI
22 (new section 59D(1)) Proposals for modification at instance of Agency or Secretary of State Extend an existing power to govern the provisions to be contained in apportioned licences. Negative SI
30 (new section 25A(7) & (9)) Enforcement notices, and related procedures and offences Power to issue an enforcement notice where abstraction or impounding takes place without a licence or does not comply with the terms of a licence, and give directions to the Agency on how this power should be exercised. Negative SI
39 (new section 2A(1) Guidance to Authority on social and environmental matters Power to issue guidance to the Authority to have regard to the Government's social and environmental policies. Negative SI equivalent
40Standards of performance in relation to water supply Extend the existing powers to allow the Secretary of State and the National Assembly to initiate proposals for new service standards as well as the Authority. Negative SI
41Standards of performance in relation to sewerage services Extend the existing powers to allow the Secretary of State and the National Assembly to initiate proposals for new service standards as well as the Authority. Negative SI
43 (new section 27K(1) & (3) Provision of information to the Council Power to define categories of information which can be refused to the Council; the circumstances in which there can be a refusal; the categories of information and circumstances in which the Council may in turn refuse requests for information; and enable disputes to be heard by a person other than the Authority. Negative SI
47 (new section 22A(1)) Financial penaltiesPower to define turnover for the purposes of penalties imposed on a water company for contravening any condition of its appointment or failing to meet a required standard of performance. Negative SI
52Determination references under section 12 of the WIA Modification of administrative procedure for existing power related to the Competition Commission and determination of conditions of appointment. Negative SI
63 (new section 18A(2) Revocation of local flood defence schemes Power to revoke any local flood defence scheme, as well as supplementary purposes, such as altering the number of members of the regional flood defence committee. Negative SI
64Regional flood defence committees Power to establish a new regional flood defence committee or to abolish a regional flood defence committee. Negative SI
66Information Power to restrict the information which the Environment Agency may require and to determine the form in which information is to be required. Negative SI
80Transfer of discharge consents Power to make provision about the information required if discharge consents are to be transferred from one consent-holder to another. Negative SI
81Trade effluent consents Power to make orders to clarify the trade effluent consenting regime: whether discharges to sewers resulting from different types of activity need to be regulated by the sewerage undertakers. Negative SI
95Powers to make further supplementary, consequential and transitional

provision, etc

Power to make regulations to deal with consequential changes to primary or secondary legislation as a result of the Bill. Negative SI
96Regulations and orders General provision specifying that the order and regulation-making powers in the Act are exercisable by statutory instrument and the manner in which such powers may be exercised. Negative SI
97Interpretation, commencement, short title, and extent Power to commence the powers in the Bill. Clause 96 specifies that these must be negative SIs where the order contains provision amending or repealing any enactment. Negative SI in some cases
Sch.4 (new section 17B)) Licensing of water suppliers Power to define whether a person has his home in (part of) the premises; and to define what factors can be taken into account in determining the principal use of the premises if they are mixed in function. Negative SI
Sch.4 (new section 17D)) Licensing of water suppliers Power to alter the definition of 'entering into a new undertaking' as this applies to a licensed water supplier entering into a contract with a customer under section. Negative SI
Sch.4 (new section 17D)) Licensing of water suppliers Power to modify the eligibility consumption threshold for customers of licensees. Affirmative SI
Sch.4 (new section 17F)) Licensing of water suppliers Power to prescribe the manner, timing and form of application for water supply licences, as well as the procedures for refusal of the application. Negative SI
Sch.4 (new section 17J)) Licensing of water suppliers Power to make an order regarding modification of the water suppliers' licence standard conditions. Affirmative SI
Sch.4 (new section 66H)) Licensing of water suppliers Power to prescribe exceptions to the criminal offences created by Section 66H, which include supply of water to a customer's premises if the supplier is not a water undertaker or a licensed supplier acting outside its licence conditions. Negative SI
Sch.4 (new section 66I)) Licensing of water suppliers Power to prescribe exceptions to criminal offence created by Section 66I, which includes the introduction of water into the undertaker's network other than by the undertaker itself. Negative SI
Sch.4 (new section 66J)) Licensing of water suppliers Power to grant exemptions from the offences of unauthorised supply of water, and unauthorised introduction of water. Negative SI
Sch.4 (new section 66K)) Licensing of water suppliers Power to revoke or vary an order by which an exemption has been issued under section 66J. Negative SI
Sch.8, paragraph 16 Licensing of water suppliers: minor & consequential Extends to licensed water suppliers the current power to make regulations to require a water undertaker to take steps to comply with its water quality duties. Negative SI
Sch.8, paragraph 19 Licensing of water suppliers: minor & consequential Extends to licensed water suppliers existing power to make regulations to ensure water is not contaminated or wasted and water fittings are suitable. Negative SI



 
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