House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Public Bill Committee: 5 December 2013
133

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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;

(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—

Public Bill Committee: 5 December 2013
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(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

(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.’.

Public Bill Committee: 5 December 2013
135

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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

(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.

Public Bill Committee: 5 December 2013
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(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—

(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.’.

Public Bill Committee: 5 December 2013
137

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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,

(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.’.

Public Bill Committee: 5 December 2013
138

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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).

(5)
Regulations under section (Register of premises subject to greater flood risk) may

provide for the Commissioners for Her Majesty’s Revenue and Customs, or a

person authorised by them, to disclose information held for council tax purposes

by the Valuation Office to—

(a)
the Environment Agency, or

(b)
the Natural Resources Body for Wales,


for use in identifying premises to be excluded from the register by reference to

the date of completion of construction (see section (Register of premises subject

to greater flood risk)(4)).

(6)
The regulations may include provision restricting the use or further disclosure of

information disclosed under subsection (5).’.

Public Bill Committee: 5 December 2013
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The register: reviews and appeals

Dan Rogerson

NC13

To move the following Clause:—

‘(1)
Regulations under section (Register of premises subject to greater flood risk) may

make provision for a person with the qualifying interest in particular premises—

(a)
to request a review of a decision by a relevant body that the premises are

not eligible to be entered in the register;

(b)
to appeal against a decision by a relevant body that the premises are not

eligible to be entered in the register to—

(i)
the sheriff, in relation to Scotland,

(ii)
the Water Appeals Commission for Northern Ireland, in relation

to Northern Ireland, or

(iii)
the First-tier Tribunal, in any other case.

(2)
For “relevant body”, see section (The register: further provision)(2).’.

The register: expenses of relevant bodies

Dan Rogerson

NC14

To move the following Clause:—

‘(1)
The Secretary of State may, with the consent of the Treasury, by regulations

provide for a levy to be payable to the Secretary of State by relevant insurers.

(2)
The regulations may—

(a)
specify the rate of the levy or the method by which it is to be calculated;

(b)
make provision as to the times when, and the manner in which, payments

are to be made in respect of the levy.

(3)
The regulations may in particular make provision for determining the amount of

the levy by reference to the qualifying expenses of the relevant bodies and the

Secretary of State.

(4)
The regulations may make provision for amounts payable by way of levy under

the regulations to be recoverable summarily (or in Scotland recoverable) as a civil

debt.

(5)
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.

(6)
In this section “qualifying expenses” means—

(a)
in relation to a relevant body, such proportion of the expenses of the

relevant body as the Secretary of State considers reasonable having

regard to the functions exercisable by that body under regulations under

section (Register of premises subject to greater flood risk);



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