Session 2013 - 14
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Other Bills before Parliament


 
 

Public Bill Committee: 3 December 2013                  

83

 

Water Bill, continued

 
 

(ii)    

the propriety and regularity in the operation of the FR Scheme,

 

    

and for a report on any such examination to be laid before Parliament;

 

(g)    

provide that for the purposes of an examination under paragraph (f)—

 

(i)    

the Comptroller and Auditor General is to have a right of access

 

at all reasonable times to any of the documents relating to the FR

 

Scheme, and

 

(ii)    

a person who holds or has control of any of those documents is

 

to give the Comptroller and Auditor General any assistance,

 

information or explanation which the Comptroller and Auditor

 

General requires in relation to any of those documents.

 

(5)    

Regulations under subsection (1) may—

 

(a)    

require the FR Scheme administrator to designate an individual of a

 

description specified in the regulations as the responsible officer of the

 

FR Scheme;

 

(b)    

provide for the responsible officer to have such responsibilities in respect

 

of—

 

(i)    

the FR Scheme’s finances,

 

(ii)    

the FR Scheme’s accounts,

 

(iii)    

accountability to Parliament for the economy, efficiency and

 

effectiveness with which the FR Scheme uses resources in

 

discharging its functions;

 

(iv)    

accountability to Parliament for propriety and regularity in the

 

operation of the FR Scheme, and

 

(v)    

examinations and reports under subsection (4)(f),

 

    

as are specified in the regulations.

 

(6)    

Regulations under subsection (1) may make provision about the disclosure of

 

information required for the purposes of the FR Scheme and may, in particular—

 

(a)    

as regards information which is held for council tax purposes by the

 

Valuation Office of Her Majesty’s Revenue and Customs, make

 

provision—

 

(i)    

for the supply of such information to the FR Scheme

 

administrator, to relevant insurers and to such other persons as

 

may be specified in the regulations;

 

(ii)    

for any such supply to be subject to such conditions as may be

 

specified in the regulations;

 

(iii)    

making it an offence for a person to fail to comply with any such

 

condition, subject to any defence specified in the regulations;

 

(b)    

require relevant insurers to supply to the FR Scheme administrator such

 

information as it may request in relation to insurance policies issued by

 

them.

 

(7)    

Regulations under subsection (1) may provide for the supply by the FR Scheme

 

administrator of information held by it in connection with the FR Scheme to—

 

(a)    

the Environment Agency,

 

(b)    

the Scottish Environment Protection Agency,

 

(c)    

the Natural Resources Body for Wales,

 

(d)    

the Department of Agriculture and Rural Development in Northern

 

Ireland, or

 

(e)    

such other body as may be specified in the regulations.

 

(8)    

Regulations under subsection (1) may provide for the supply by the FR Scheme

 

administrator of information held by it in connection with the FR Scheme to the

 

Secretary of State for purposes relating to government accounting.


 
 

Public Bill Committee: 3 December 2013                  

84

 

Water Bill, continued

 
 

(9)    

Subsections (2) to (8) are not exhaustive of what may be done under subsection

 

(1).

 

(10)    

In this section, “the FR Scheme’s accounts” means the accounts for a financial

 

year of the FR Scheme prepared by the FR Scheme administrator in respect of the

 

FR Scheme.’.

 


 

Replacement of the scheme or administrator

 

Dan Rogerson

 

NC5

 

To move the following Clause:—

 

‘(1)    

Where regulations under section (The Flood Reinsurance Scheme) replace the FR

 

Scheme by revoking a designation and making a new designation, the regulations

 

may make such provision as the Secretary of State thinks fit in connection with

 

the replacement of the old FR scheme with the new FR scheme.

 

(2)    

Where regulations under section (Scheme administrator) replace the FR Scheme

 

administrator by revoking a designation and making a new designation, the

 

regulations may make provision for the transfer of property, rights and liabilities

 

relating to the FR Scheme from the old administrator to the new administrator.’.

 


 

Disclosure of information: preparatory purposes

 

Dan Rogerson

 

NC6

 

To move the following Clause:—

 

‘(1)    

The Secretary of State may by regulations make provision about the disclosure of

 

HMRC council tax information in connection with such scheme as may be

 

established and designated in accordance with section (The Flood Reinsurance

 

Scheme).

 

(2)    

In this section “HMRC council tax information” means information which is held

 

for council tax purposes by the Valuation Office of Her Majesty’s Revenue and

 

Customs.

 

(3)    

Regulations under subsection (1) may, in particular, make provision—

 

(a)    

for the supply of HMRC council tax information to such persons, or

 

descriptions of persons, as may be specified in the regulations;

 

(b)    

for any such supply to be subject to such conditions as may be specified

 

in the regulations,

 

(c)    

making it an offence for a person to fail to comply with any such

 

condition, subject to any defence specified in the regulations;


 
 

Public Bill Committee: 3 December 2013                  

85

 

Water Bill, continued

 
 

(d)    

about the destruction, in such circumstances as may be specified in the

 

regulations, of records of any HMRC council tax information obtained

 

by virtue of the regulations.’.

 


 

Flood insurance obligations

 

Dan Rogerson

 

NC7

 

To move the following Clause:—

 

‘(1)    

The Secretary of State may by regulations require a relevant insurer to issue in a

 

prescribed period insurance policies that provide cover against a prescribed

 

description of risk for a prescribed number of registered premises.

 

(2)    

The regulations may prescribe different numbers of registered premises for

 

different descriptions of risk.

 

(3)    

The descriptions of risks that may be prescribed are those relating to the effects

 

of flooding.

 

(4)    

The regulations may provide for a prescribed number relating to a relevant insurer

 

to be determined by reference to factors that include in particular—

 

(a)    

a target number (see section (Flood insurance obligations: target

 

number));

 

(b)    

the relevant insurer’s share of insurance business of a prescribed

 

description.

 

(5)    

The regulations may—

 

(a)    

make provision about determining the size of a relevant insurer’s share

 

of insurance business of a prescribed description;

 

(b)    

provide for a relevant insurer to be exempt from the obligation described

 

in subsection (1) in prescribed circumstances, whether wholly or so far as

 

regards a particular description of risk, including circumstances relating

 

to the amount of insurance business done by the relevant insurer;

 

(c)    

make provision about the circumstances in which a relevant insurer

 

ceases to be subject to the obligation described in subsection (1), whether

 

wholly or so far as regards a particular description of risk;

 

(d)    

make provision about the cases in which issuing an insurance policy is

 

not to count towards discharging an obligation imposed on a relevant

 

insurer by the regulations, including cases in which an insurance policy

 

is not to count because of the content of its terms;

 

(e)    

make provision for allowing an insurance policy issued by another

 

insurer to count towards the discharge of an obligation to issue a number

 

of insurance policies imposed on a relevant insurer by the regulations;

 

(f)    

make provision about determining the number of registered premises for

 

which a relevant insurer has issued insurance policies, including

 

provision for varying, by reference to the risk band applicable to the

 

particular registered premises, the extent to which insuring those

 

premises counts in determining that number.

 

(6)    

Provision under subsection (5)(a) may require an insurer, in determining the

 

insurer’s share of insurance business of a prescribed description, to use

 

information about that insurance business held by—

 

(a)    

the Secretary of State,

 

(b)    

a person acting on behalf of the Secretary of State, or


 
 

Public Bill Committee: 3 December 2013                  

86

 

Water Bill, continued

 
 

(c)    

the FCA.

 

(7)    

Subsection (5)(e) is not to be taken as requiring a change in the person who is the

 

insurer in relation to an insurance policy.

 

(8)    

Regulations under this section may include provision in respect of cases where an

 

insurer has not provided such information as is required by regulations under

 

section (Flood insurance obligations: information) including—

 

(a)    

provision for determining whether the insurer is a relevant insurer,

 

(b)    

provision for determining whether an exemption applies, and

 

(c)    

provision for determining what share of insurance business of a

 

prescribed description the insurer is to be treated as having.

 

(9)    

Before making regulations under this section, the Secretary of State must consult

 

such persons as the Secretary of State considers appropriate.

 

(10)    

In this section “prescribed” means specified in or determined in accordance with

 

regulations under this section.’.

 


 

Flood insurance obligations: target number

 

Dan Rogerson

 

NC8

 

To move the following Clause:—

 

‘(1)    

The Secretary of State may, from time to time, by regulations prescribe a number

 

to be a target number for the purposes of regulations under section (Flood

 

insurance obligations).

 

(2)    

A target number is the number of registered premises to be covered against a

 

prescribed description of risk by insurance policies issued in a prescribed period

 

by those relevant insurers upon whom obligations are imposed by regulations

 

under section (Flood insurance obligations).

 

(3)    

The regulations may prescribe different target numbers for different descriptions

 

of risk.

 

(4)    

The regulations may in particular provide for a target number to be expressed as

 

a percentage of the number of registered premises.

 

(5)    

The regulations may, at any one time, prescribe target numbers for two or more

 

consecutive prescribed periods.

 

(6)    

In this section “prescribed” means specified in or determined in accordance with

 

regulations under this section.’.

 


 

Flood insurance obligations: information

 

Dan Rogerson

 

NC9

 

To move the following Clause:—

 

‘(1)    

The Secretary of State may by regulations make provision about—

 

(a)    

the provision of information, and


 
 

Public Bill Committee: 3 December 2013                  

87

 

Water Bill, continued

 
 

(b)    

the production of documents,

 

    

by insurers for the purposes of regulations under section (Flood insurance

 

obligations).

 

(2)    

The regulations may in particular require an insurer to provide information of a

 

prescribed description or produce documents of a prescribed description for the

 

purpose of showing, in relation to a prescribed period—

 

(a)    

whether or not an insurer is a relevant insurer;

 

(b)    

whether or not an exemption applies (see section (Flood insurance

 

obligations)(5)(b)).

 

(3)    

The regulations may in particular require an insurer to provide information or

 

produce documents about—

 

(a)    

the insurance policies issued by it in a prescribed period that provide

 

cover against prescribed descriptions of risk;

 

(b)    

the value of the insurance policies so issued;

 

(c)    

insurance policies so issued that do not remain in force to the end of the

 

period of cover;

 

(d)    

the value of such insurance policies.

 

(4)    

The regulations may provide for information to be provided or documents to be

 

produced to the Secretary of State or a person acting on behalf of the Secretary of

 

State.

 

(5)    

The regulations may make provision—

 

(a)    

about the time within which information must be provided or documents

 

produced;

 

(b)    

about the form in which information is to be provided;

 

(c)    

about the place where documents are to be produced;

 

(d)    

requiring information to be verified in a prescribed manner;

 

(e)    

requiring documents to be authenticated in a prescribed manner.

 

(6)    

The regulations may make provision about—

 

(a)    

the persons to whom, and the purposes for which, information supplied

 

by an insurer may be disclosed;

 

(b)    

the publication of information by the Secretary of State about the amount

 

of insurance business of a prescribed description done by insurers, taken

 

together.

 

(7)    

In this section “prescribed” means specified in or determined in accordance with

 

regulations under this section.’.

 


 

Flood insurance obligations: further provision

 

Dan Rogerson

 

NC10

 

To move the following Clause:—

 

‘(1)    

The Secretary of State may by regulations make provision for and in connection

 

with enforcing compliance with obligations imposed by regulations under section

 

(Flood insurance obligations: information).

 

(2)    

The regulations may in particular include—


 
 

Public Bill Committee: 3 December 2013                  

88

 

Water Bill, continued

 
 

(a)    

provision about the sanctions, including civil penalties, that may be

 

imposed by the Secretary of State or a person acting on behalf of the

 

Secretary of State for non-compliance with the obligations;

 

(b)    

provision about the procedure to be followed when imposing a sanction;

 

(c)    

provision about the recovery of costs incurred in connection with

 

imposing a sanction up to the time of its imposition;

 

(d)    

provision enabling an appeal to the First-tier Tribunal against the

 

imposition of a sanction or a requirement to pay costs.

 

(3)    

Provision under subsection (2)(a) may in particular include—

 

(a)    

provision for civil penalties of a fixed amount;

 

(b)    

provision for further amounts to be payable by way of civil penalty where

 

an insurer continues to fail to comply with the obligation in question;

 

(c)    

provision about how a civil penalty or an amount of costs may be

 

recovered.

 

(4)    

Provision under subsection (2)(d) may include provision as to the grounds on

 

which an appeal may be made.’.

 


 

Register of premises subject to greater flood risk

 

Dan Rogerson

 

NC11

 

To move the following Clause:—

 

‘(1)    

The Secretary of State may by regulations provide for the creation and

 

maintenance of a register of household premises in the United Kingdom that are

 

subject to greater flood risk for the purposes of regulations under section (Flood

 

insurance obligations).

 

(2)    

The regulations may provide for the levels of flood risk to which premises are

 

subject to be divided into two or more bands (“risk bands”), and may prescribe

 

the upper and lower limits of each band.

 

(3)    

The regulations may provide for the register to specify the level of flood risk to

 

which particular household premises are subject by specifying the risk band

 

applicable to the premises.

 

(4)    

The regulations may provide for premises of a description specified in the

 

regulations to be excluded from the register, and the premises excluded may

 

include in particular premises where construction is completed on or after a date

 

specified in the regulations.

 

(5)    

The regulations may—

 

(a)    

specify the information to be contained in the register;

 

(b)    

make provision about access to the information contained in the register;

 

(c)    

provide for the publication of the register in whole or in part;

 

(d)    

provide for the disclosure of information contained in the register;

 

(e)    

provide for notification if premises are entered in, or omitted from, the

 

register.

 

(6)    

Regulations made under subsection (5)(d) may provide for—

 

(a)    

the persons to whom information or any description of information

 

contained in the register may be disclosed,


 
 

Public Bill Committee: 3 December 2013                  

89

 

Water Bill, continued

 
 

(b)    

the imposition of conditions on persons to whom information contained

 

in the register is disclosed, including conditions limiting further

 

disclosure;

 

(c)    

penalties for non-compliance with conditions imposed under paragraph

 

(b).

 

(7)    

The regulations may require applications for premises to be entered in the register

 

to be made by or on behalf of a person who has the qualifying interest in the

 

premises.

 

(8)    

The regulations may provide for premises to be omitted from the register at the

 

request of a person who has the qualifying interest in the premises.

 

(9)    

Before making regulations under this section the Secretary of State must

 

consult—

 

(a)    

the Welsh Ministers;

 

(b)    

the Scottish Ministers;

 

(c)    

the Department of Agriculture and Rural Development in Northern

 

Ireland.’.

 


 

The register: further provision

 

Dan Rogerson

 

NC12

 

To move the following Clause:—

 

‘(1)    

Regulations under section (Register of premises subject to greater flood risk) may

 

provide for a relevant body to carry out functions in connection with—

 

(a)    

the creation and maintenance of the register;

 

(b)    

giving access to information contained in the register;

 

(c)    

publication of the register;

 

(d)    

disclosure of information contained in the register;

 

(e)    

notification when premises are entered in, or omitted from, the register.

 

(2)    

The following are relevant bodies for the purposes of this Part—

 

(a)    

the Environment Agency;

 

(b)    

the Scottish Environment Protection Agency, in relation to Scotland;

 

(c)    

the Natural Resources Body for Wales, in relation to Wales;

 

(d)    

the Department of Agriculture and Rural Development in Northern

 

Ireland, in relation to Northern Ireland.

 

(3)    

The regulations may provide for the Environment Agency—

 

(a)    

to coordinate the carrying out of functions conferred or imposed under

 

subsection (1);

 

(b)    

to promote consistency in the carrying out of those functions.

 

(4)    

The regulations may—

 

(a)    

require the relevant bodies to cooperate with each other as regards the

 

functions conferred or imposed on any of them under subsection (1);

 

(b)    

require the relevant bodies (other than the Environment Agency) to

 

cooperate with the Environment Agency as regards the carrying out of

 

functions conferred or imposed on the Environment Agency under

 

subsection (3).


 
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Revised 3 December 2013