House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Public Bill Committee: 5 December 2013
119

Water Bill, continued

(b)
costs that might have been incurred in providing such a sewer, drain or

sewage disposal works.

(2C)
The rules may also make provision as to—

(a)
the amount of security that may be required by a sewerage undertaker for

the purposes of any charges imposed by the sewerage undertaker under a

section 104 agreement;

(b)
the type of security that may be required;

(c)
the payment of interest on a sum deposited with a sewerage undertaker

by way of security.’.

Dan Rogerson

21

Clause  11,  page  38,  line  29,  leave out ‘A code’ and insert ‘The rules’.

Dan Rogerson

90

Clause  11,  page  38,  line  31,  leave out ‘review’ and insert ‘revise’.

Dan Rogerson

91

Clause  11,  page  38,  line  32,  at end insert—

‘( )
The Authority must issue revised rules if—

(a)
guidance is issued under section 105ZH, and

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

appropriate to revise the rules.’.

Dan Rogerson

92

Clause  11,  page  38,  line  38,  leave out ‘any’ and insert ‘the’.

Dan Rogerson

22

Clause  11,  page  39,  line  1,  at end insert—

‘( )
The Authority must specify the period (“the consultation period”) within which

the relevant persons may make representations about the proposed rules.’.

Dan Rogerson

23

Clause  11,  page  39,  line  3,  at end insert—

‘(4)
Before rules under section 105ZF prepared by the Authority are issued, the

Minister may direct the Authority not to issue the rules.

(5)
In subsection (4) “the Minister” means—

(a)
the Secretary of State, so far as the rules relate to section 104 agreements

for the vesting of sewers, drains or sewage disposal works in sewerage

undertakers whose areas are wholly or mainly in England;

(b)
the Welsh Ministers, so far as the rules relate to section 104 agreements

for the vesting of sewers, drains or sewage disposal works in sewerage

undertakers whose areas are wholly or mainly in Wales.

(6)
A direction under subsection (4) must be given within the period of 28 days

beginning with the day after the end of the consultation period, and rules may not

be issued before that period of 28 days has expired.’.

Public Bill Committee: 5 December 2013
120

Water Bill, continued

Dan Rogerson

24

Clause  11,  page  39,  line  3,  at end insert—

‘( )
This section is subject to section 105ZGA.

             105ZGA Rules under section 105ZF: minor or urgent revisions

(1)
This section applies if the Authority proposes to issue revised rules under section

105ZF and, in the view of the Authority, the revision or each of the revisions

proposed to be made is—

(a)
a revision for which consultation is unnecessary, or

(b)
a revision that it is necessary or desirable to make without delay.

(2)
Section 105ZG does not apply to the proposed revised rules.

(3)
Before issuing the revised rules, the Authority must give notice to the Minister of

its intention to issue revised rules.

(4)
Before the revised rules are issued, the Minister may direct the Authority not to

issue the revised rules.

(5)
A direction under subsection (4) must be given within the period of 14 days

beginning with the day after the day on which notice is given under subsection

(3), and the Authority may not issue the revised rules in question before—

(a)
that period of 14 days expires, or

(b)
the Minister notifies the Authority that no direction under subsection (4)

will be given in relation to the revised rules,


whichever is the sooner.

(6)
Once the Authority has issued the revised rules, it must give notice as soon as

reasonably practicable of—

(a)
the issuing of the revised rules, and

(b)
as regards each revision contained in them, whether in the view of the

Authority the revision falls within paragraph (a) or (b) of subsection (1).

(7)
Notice under subsection (6) is to be given to such persons as the Authority

considers appropriate.

(8)
Unless the Authority gives notice that a revision in revised rules is in the view of

the Authority a revision falling within subsection (1)(a), the revision ceases to

have effect at the end of the period of six months beginning with the day after that

on which the revised rules are issued.

(9)
In this section “the Minister” has the meaning given by section 105ZG.’.

Dan Rogerson

25

Clause  11,  page  39,  leave out lines 20 to 24 and insert—

‘(7)
In this section “the Minister” means—

(a)
the Secretary of State, so far as the guidance is as to the content of rules

relating to section 104 agreements for the vesting of sewers, drains or

sewage disposal works in sewerage undertakers whose areas are wholly

or mainly in England;

(b)
the Welsh Ministers, so far as the guidance is as to the content of rules

relating to section 104 agreements for the vesting of sewers, drains or

sewage disposal works in sewerage undertakers whose areas are wholly

or mainly in Wales.’.

Public Bill Committee: 5 December 2013
121

Water Bill, continued

Thomas Docherty

133

Clause  12,  page  40,  line  11,  after ‘Ministers’, insert ‘and the Canal and River

Trust,’.

Dan Rogerson

26

Clause  12,  page  40,  line  15,  at end insert—

‘(d)
make provision excepting water supply agreements of such description

as the regulations may specify from the effect of—

(i)
any provision of the regulations, or

(ii)
any provision of the codes or rules made under the regulations.’.

Dan Rogerson

27

Clause  12,  page  40,  line  26,  at end insert—

‘(4)
Nothing in provision made under this Chapter affects a water supply agreement

made before any regulations under this section first come into force.’.

Dan Rogerson

28

Clause  12,  page  41,  line  33,  leave out ‘subsection’ and insert ‘subsections (2A)

and’.

Dan Rogerson

29

Clause  12,  page  41,  line  45,  leave out ‘to require rules to be revised or’.

Dan Rogerson

30

Clause  12,  page  41,  line  46,  leave out ‘or revised’.

Dan Rogerson

31

Clause  12,  page  41,  line  46,  at end insert—

‘(2A)
Regulations conferring a power on the Minister as described in subsection (1)(f)

must provide that—

(a)
if the power is exercised to impose a requirement in respect of

agreements for such supplies of water as are referred to in paragraph (a)

or (b) of the definition of “the Minister” in section 66M(3), it may not be

exercised again in respect of such supplies of water as are referred to in

that paragraph, and

(b)
if the power to impose a requirement in respect of agreements for such

supplies of water as are referred to in paragraph (a) or (b) of the definition

of “the Minister” in section 66M(3) is not exercised on the first occasion

on which it may be so exercised, it may not be exercised in respect of

such agreements as are referred to in that paragraph on a later occasion.’.

Public Bill Committee: 5 December 2013
122

Water Bill, continued

Thomas Docherty

134

Clause  12,  page  42,  line  21,  at end insert—

‘(ca)
the Canal and River Trust,’.

Thomas Docherty

135

Clause  16,  page  47,  line  36,  at end insert—

‘(i)
make provision for section [Billing information: affordability].

Thomas Docherty

138

Clause  16,  page  47,  line  36,  at end insert—

‘(i)
make provision about the rates of charges to household premises and

non-household premises.’.

Dan Rogerson

93

Clause  16,  page  48,  line  11,  leave out ‘review the’ and insert ‘revise’.

Dan Rogerson

94

Clause  16,  page  48,  line  12,  at end insert—

‘( )
The Authority must issue revised rules if—

(a)
guidance is issued under section 143D, and

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

appropriate to revise the rules.’.

Dan Rogerson

32

Clause  16,  page  48,  line  34,  leave out from ‘rules’ to end of line 35.

Dan Rogerson

33

Clause  16,  page  49,  line  2,  at end insert—

‘( )
This section is subject to section 143CA.

             143CA Rules under section 143B: minor or urgent revisions

(1)
This section applies if the Authority proposes to issue revised rules under section

143B and, in the view of the Authority, the revision or each of the revisions

proposed to be made is—

(a)
a revision for which consultation is unnecessary, or

(b)
a revision that it is necessary or desirable to make without delay.

(2)
Section 143C does not apply to the proposed revised rules.

(3)
Before issuing the revised rules, the Authority must give notice to the Minister of

its intention to issue revised rules.

(4)
Before the revised rules are issued, the Minister may direct the Authority not to

issue the revised rules.

Public Bill Committee: 5 December 2013
123

Water Bill, continued

(5)
A direction under subsection (4) must be given within the period of 14 days

beginning with the day after the day on which notice is given under subsection

(3), and the Authority may not issue the revised rules in question before—

(a)
that period of 14 days expires, or

(b)
the Minister notifies the Authority that no direction under subsection (4)

will be given in relation to the revised rules,


whichever is the sooner.

(6)
Once the Authority has issued the revised rules, it must give notice as soon as

reasonably practicable of—

(a)
the issuing of the revised rules, and

(b)
as regards each revision contained in them, whether in the view of the

Authority the revision falls within paragraph (a) or (b) of subsection (1).

(7)
Notice under subsection (6) is to be given to such persons as the Authority

considers appropriate.

(8)
Unless the Authority gives notice that a revision in revised rules is in the view of

the Authority a revision falling within subsection (1)(a), the revision ceases to

have effect at the end of the period of six months beginning with the day after that

on which the revised rules are issued.

(9)
In this section “the Minister” has the meaning given by section 143C.’.

Dan Rogerson

95

Clause  16,  page  49,  line  4,  leave out ‘must’ and insert ‘may’.

Dan Rogerson

96

Clause  17,  page  50,  line  8,  at end insert—

‘( )
make provision about publication of the charges that may be

imposed.’.

Dan Rogerson

97

Clause  17,  page  50,  line  47,  leave out ‘review’ and insert ‘revise’.

Dan Rogerson

98

Clause  17,  page  50,  line  48,  at end insert—

‘( )
The Authority must issue revised rules if—

(a)
guidance is issued under section 144ZC, and

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

appropriate to revise the rules.’.

Dan Rogerson

34

Clause  17,  page  51,  line  20,  leave out from ‘rules’ to end of line 21.

Public Bill Committee: 5 December 2013
124

Water Bill, continued

Dan Rogerson

35

Clause  17,  page  51,  line  32,  at end insert—

‘( )
This section is subject to section 144ZBA.

             144ZBA Rules under section 144ZA: minor or urgent revisions

(1)
This section applies if the Authority proposes to issue revised rules under section

144ZA and, in the view of the Authority, the revision or each of the revisions

proposed to be made is—

(a)
a revision for which consultation is unnecessary, or

(b)
a revision that it is necessary or desirable to make without delay.

(2)
Section 144ZB does not apply to the proposed revised rules.

(3)
Before issuing the revised rules, the Authority must give notice to the Minister of

its intention to issue revised rules.

(4)
Before the revised rules are issued, the Minister may direct the Authority not to

issue the revised rules.

(5)
A direction under subsection (4) must be given within the period of 14 days

beginning with the day after the day on which notice is given under subsection

(3), and the Authority may not issue the revised rules in question before—

(a)
that period of 14 days expires, or

(b)
the Minister notifies the Authority that no direction under subsection (4)

will be given in relation to the revised rules,


whichever is the sooner.

(6)
Once the Authority has issued the revised rules, it must give notice as soon as

reasonably practicable of—

(a)
the issuing of the revised rules, and

(b)
as regards each revision contained in them, whether in the view of the

Authority the revision falls within paragraph (a) or (b) of subsection (1).

(7)
Notice under subsection (6) is to be given to such persons as the Authority

considers appropriate.

(8)
Unless the Authority gives notice that a revision in revised rules is in the view of

the Authority a revision falling within subsection (1)(a), the revision ceases to

have effect at the end of the period of six months beginning with the day after that

on which the revised rules are issued.

(9)
In this section “the Minister” has the meaning given by section 144ZB.’.

Dan Rogerson

36

Clause  19,  page  54,  line  39,  leave out from ‘after’ to end of line 40 and insert

‘“expenses incurred by it in” there is inserted “, or charges imposed by it for,”.’.

Thomas Docherty

140

Clause  23,  page  56,  line  36,  at beginning insert ‘(1)’.

Public Bill Committee: 5 December 2013
125

Water Bill, continued

Thomas Docherty

141

Clause  23,  page  57,  line  2,  at end insert—

‘(2)
In that subsection, after paragraph (e) there is inserted—

“(f)
to secure the provision of services by licensed water suppliers

and licensed sewerage suppliers in a manner that is not

detrimental to the exercise of the functions referred to in

subsection (2A)(b) above.”.’.

Member’s explanatory statement

Provides reforms to wholesalers with regards the improvement of water efficiency.

Thomas Docherty

131

Page  56,  line  35,  leave out Clause 23.

Thomas Docherty

136

Clause  24,  page  57,  line  6,  leave out ‘may from time to time’ and insert ‘must’.

Thomas Docherty

137

Clause  24,  page  57,  line  6,  leave out ‘a’ and insert ‘an annual’.

Thomas Docherty

139

Clause  24,  page  57,  line  8,  at end insert—

‘(1A)
Following the publication of a statement under subsection (1) the Secretary of

State may instruct the Authority to conduct a review of pricing of water.’.

Dan Rogerson

99

Clause  24,  page  57,  line  23,  leave out ‘and’ and insert—

‘(fa)
the NRBW, and’.

Dan Rogerson

100

Clause  24,  page  58,  line  19,  leave out ‘and’ and insert—

‘(fa)
the Environment Agency, and’.

Dan Rogerson

101

Clause  27,  page  60,  line  28,  leave out ‘and’ and insert—

‘(da)
the NRBW, and’.



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