House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

157

House of Commons

Notices of Amendments

given on

Thursday 5 December 2013

For other Amendment(s) see the following page(s):

Water Bill Committee 122-55

Public Bill Committee

Water Bill

Dan Rogerson

143

Clause  21,  page  55,  leave out line 26.

Dan Rogerson

144

Clause  36,  page  72,  leave out lines 4 and 5 and insert ‘when making rules to which the

guidance relates (as well as to any guidance relating to those rules issued under another

provision of this Act).’.

Dan Rogerson

145

Clause  36,  page  72,  line  5,  at end insert—

‘( )
If—

(a)
the Minister issues guidance under this section in respect of rules made

under a particular provision, and

(b)
the Authority, having regard to that guidance, considers that it is

appropriate to revise rules made by it under that provision,


the Authority must issue revised rules under that provision.’.

Dan Rogerson

146

Clause  39,  page  77,  line  15,  at end insert—

‘( )
References in this section to provision made by or under this Part include

references to provision made under section 52 or 53 in connection with this Part.’.

Dan Rogerson

147

Clause  53,  page  91,  line  5,  at end insert—

Notices of Amendments: 5 December 2013
158

Water Bill, continued

‘(2)
Subsection (1) does not apply if or to the extent that subsection (3) or (4) applies.

(3)
If a provision of this Act is brought into force to any extent by the Welsh

Ministers acting alone under section 56(3), the Welsh Ministers may by order

made by statutory instrument make such transitional, transitory or saving

provision as the Welsh Ministers consider appropriate in connection with the

coming into force of so much of that provision as is so brought into force.

(4)
If a provision of this Act is brought into force to any extent by the Secretary of

State and the Welsh Ministers acting jointly under section 56(3), the Secretary of

State and the Welsh Ministers may, acting jointly, by order made by statutory

instrument make such transitional, transitory or saving provision as they,

together, consider appropriate in connection with the coming into force of so

much of that provision as is so brought into force.’.

Dan Rogerson

148

Clause  56,  page  91,  line  28,  at end insert—

‘(aa)
section 13;’.

Dan Rogerson

149

Clause  56,  page  91,  line  28,  at end insert—

‘(ab)
section 15;’.

Dan Rogerson

150

Clause  56,  page  91,  line  28,  at end insert—

‘(ac)
section 21;’.

Dan Rogerson

151

Clause  56,  page  91,  line  29,  at end insert ‘, so far as relating to water undertakers

whose areas are wholly or mainly in England;’.

Dan Rogerson

152

Clause  56,  page  91,  line  29,  at end insert—

‘(ba)
section 25(3);’.

Dan Rogerson

153

Clause  56,  page  91,  line  29,  at end insert—

‘(bb)
sections 26 to 28;’.

Dan Rogerson

154

Clause  56,  page  91,  line  30,  at end insert—

‘(ca)
section 32(1) and (2);’.

Dan Rogerson

155

Clause  56,  page  91,  line  30,  at end insert—

‘(cb)
sections 33 and 34;’.

Notices of Amendments: 5 December 2013
159

Water Bill, continued

Dan Rogerson

156

Clause  56,  page  91,  line  31,  at end insert—

‘(da)
section 43;’.

Dan Rogerson

157

Clause  56,  page  91,  line  31,  at end insert—

‘(db)
sections 44 and 45 and Schedule 8;’.

Dan Rogerson

158

Clause  56,  page  91,  line  31,  at end insert—

‘(dc)
section 46;’.

Dan Rogerson

159

Clause  56,  page  91,  line  31,  at end insert—

‘(dd)
sections 48 to 50;’.

Dan Rogerson

160

Clause  56,  page  91,  line  31,  at end insert—

‘(de)
section 51 and Schedule 10;’.

Dan Rogerson

161

Clause  56,  page  91,  line  36,  leave out subsections (3) to (7) and insert—

‘(3)
The remaining provisions of this Act come into force on such day as the

appropriate authority may by order appoint.

(4)
Different days may be appointed for different purposes.

(5)
Except as stated in the table in Schedule (Commencement orders: appropriate

authority), the appropriate authority for the purposes of subsection (3) is the

Secretary of State.’.

Dan Rogerson

162

Schedule  7,  page  155,  line  42,  leave out from beginning to end of line 16 on page

156 and insert—

    ‘( )
In subsection (1)—

(a)
for “the following provisions of this section” there is substituted

“subsections (1A) to (6)”;

(b)
after “cut off a supply of water to any premises,” there is inserted “if

subsection (1ZA) or (1ZB) applies.

“(1ZA)
This subsection applies”.

      ( )
After the subsection (1ZA) so formed there is inserted—

“(1ZB)
This subsection applies if a water supply licensee requests the

undertaker to disconnect the service pipe or otherwise cut off the

supply of water to the premises.

Notices of Amendments: 5 December 2013
160

Water Bill, continued

(1ZC)
A water supply licensee may make a request under subsection (1ZB)

only if—

(a)
the occupier of the premises is liable under an agreement with

the licensee to pay charges to the licensee in respect of the

supply of water to the premises,

(b)
the licensee has served notice on the occupier requiring

payment of charges due,

(c)
the occupier has failed to pay the charges before the end of the

period of seven days beginning with the day after the notice

was served, and

(d)
that period has expired.”

      ( )
In subsection (2)—

(a)
in paragraph (a), for “subsection (1)” there is substituted “subsection

(1ZA)”;

(b)
in the words following paragraph (b), for “that subsection” there is

substituted “subsection (1)”.

      ( )
After subsection (2) there is inserted—

“(2A)
Where—

(a)
a water supply licensee has served a notice for the purposes of

subsection (1ZC)(b) on a person, and

(b)
within the period of seven days mentioned in subsection

(1ZC)(c), the person serves a counter-notice on the licensee

stating that he disputes his liability to pay the charges in

question,


the licensee may not make a request under subsection (1ZB) in relation

to the premises except at a time when that person is the occupier of the

premises and those charges are enforceable against that person in a

manner specified in subsection (3).

      ( )
In subsection (3)—

(a)
after “subsection (2)” there is inserted “or (2A)”;

(b)
in paragraph (a), after “the undertaker” there is inserted “or, as the case

may be, the licensee”;

(c)
in paragraph (b), after “the undertaker” there is inserted “or, as the case

may be, the licensee”.’.

Dan Rogerson

163

Schedule  7,  page  156,  line  27,  at end insert—

    ‘( )
In subsection (5)—

(a)
in paragraph (b)—

(i)
after “those premises” there is inserted “(“the primary

premises”)”;

(ii)
after “other premises” there is inserted “(“the secondary

premises”)”;

(b)
in the words after paragraph (b)—

(i)
for “those other premises” there is substituted “the secondary

premises”;

(ii)
for “the premises in relation to which the charges are due”

there is substituted “the primary premises”;

(iii)
for “the other premises” there is substituted “the secondary

premises”.

Notices of Amendments: 5 December 2013
161

Water Bill, continued

      ( )
After subsection (5) there is inserted—

“(6)
The undertaker may not cut off the supply to the secondary premises

in reliance on subsection (5) if—

(a)
in a case where the undertaker is exercising the power in

subsection (1) because charges are due to it, the secondary

premises are supplied by a person other than the undertaker;

(b)
in a case where the undertaker is exercising the power in

subsection (1) because of a request for disconnection under

subsection (1ZB), the secondary premises are supplied by a

person other than the licensee which made that request.”’.

Dan Rogerson

164

Schedule  7,  page  162,  line  18,  at end insert—

‘( )
in the definition of “protected land”, in paragraph (b), for “section 218”

there is substituted “section 217”.’.

Dan Rogerson

165

Schedule  7,  page  162,  line  30,  at end insert—

‘The National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672)

‘92A
In Schedule 1 to the National Assembly for Wales (Transfer of Functions)

Order 1999, in the entry relating to the Water Industry Act 1991—

(a)
for “licensed water suppliers” there is substituted “water supply

licensees”;

(b)
for “licensed water supplier”, in each place those words occur, there is

substituted “water supply licensee.’.

Dan Rogerson

NS1

To move the following Schedule:—

‘Commencement orders: appropriate authority

1
In relation to the sections and Schedules listed in the first column of this table,

the appropriate authority for the purposes of section 56(3) is as listed in the

second column (see paragraph 3 as regards interpretation of terms used in the

table)—

Section or Schedule
Appropriate authority

Section 5 and Schedule 5
The Welsh Ministers (but see

paragraph 2).

Section 7
The Scottish Ministers.

Section 8
The Minister, as defined in subsection

(7) of section 40H of the Water

Industry Act 1991 (as inserted by

section 8).

Section 9
The Minister, as defined in subsection

(7) of section 110I of the Water

Industry Act 1991 (as inserted by

section 9).

Section 10 to 12
The Secretary of State, in relation to

wholly or mainly English undertakers.

The Welsh Ministers, in relation to

wholly or mainly Welsh undertakers.

Sections 16 to 20
The Secretary of State, in relation to

wholly or mainly English undertakers.

The Welsh Ministers, in relation to

wholly or mainly Welsh undertakers.

Section 22
The Welsh Ministers, in relation to

wholly or mainly Welsh undertakers

(see section 56(2)(b) as regards

commencement in relation to wholly

or mainly English undertakers).

Section 23
The Secretary of State, in relation to

wholly or mainly English undertakers.

The Welsh Ministers, in relation to

wholly or mainly Welsh undertakers.

Section 24
The Secretary of State, in relation to—

(a)
the insertion of section 2A of

the Water Industry Act 1991

by subsection (1) of section

24, and

(b)
the amendments made by

subsections (2) and (3) of

section 24 so far as relating to

section 2A.

The Welsh Ministers, in relation to—

(a)
the insertion of section 2B of

the Water Industry Act 1991

by subsection (1) of section

24, and

(b)
the amendments made by

subsections (2) and (3) of

section 24 so far as relating to

section 2B.

Section 36
The Secretary of State, in relation to

wholly or mainly English undertakers.

The Welsh Ministers, in relation to

wholly or mainly Welsh undertakers.

Section 37
The Secretary of State, in relation to

the power to make an order under

section 207E of the Water Industry Act

1991 (as inserted by section 37) in

respect of adjudication functions

exercisable as regards—

(a)
wholly or mainly English

undertakers, or

(b)
wholly or mainly English

licensees.

The Welsh Ministers, in relation to the

power to make an order under section

207E of the Water Industry Act

1991(as inserted by section 37) in

respect of adjudication functions

exercisable as regards—

(a)
wholly or mainly Welsh

undertakers, or

(b)
wholly or mainly Welsh

licensees.

Section 38(1)
The Secretary of State, in relation to

the power of the Secretary of State to

make an order under section 86ZA of

the Water Industry Act 1991 (as

inserted by section 38).

The Welsh Ministers, in relation to the

power of the Welsh Ministers to make

an order under section 86ZA of the

Water Industry Act 1991 (as inserted

by section 38).

Section 38(2)(a)
The Welsh Ministers.

Section (Disputes about the provision
The Welsh Ministers.

of public sewers: premises in Wales)

Section (Consumer redress)
The Secretary of State—

(a)
in relation to wholly or mainly

English undertakers,

(b)
in relation to water supply

licensees so far as their

licences relate to the use of the

supply systems of wholly or

mainly English water

undertakers, or

(c)
in relation to sewerage

licensees so far as their

licences relate to the use of the

sewerage systems of wholly or

mainly English sewerage

undertakers.

The Welsh Ministers—

(a)
in relation to wholly or mainly

Welsh undertakers,

(b)
in relation to water supply

licensees so far as their

licences relate to the use of the

supply systems of wholly or

mainly Welsh water

undertakers, or

(c)
in relation to sewerage

licensees so far as their

licences relate to the use of the

sewerage systems of wholly or

mainly Welsh sewerage

undertakers.

Section 42
The Secretary of State, in relation to

the main river map for England.

The Welsh Ministers, in relation to the

main river map for Wales.

Notices of Amendments: 5 December 2013
162

Water Bill, continued

Notices of Amendments: 5 December 2013
163

Water Bill, continued



© Parliamentary copyright	Revised 6 December 2013