House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Public Bill Committee: 5 December 2013
147

Water Bill, continued

(b)
a body none of whose members is a member of the NRBW or the

NRBW’s staff.’.

Primary duty of sustainable development

Roger Williams

nc23

To move the following Clause:—

‘(1)
Section 2(3)(e) of the Water Industry Act 1991 is omitted.

(2)
In section 2(2A) of the Water Industry Act 1991, there is inserted—

“(e)
to contribute to the achievement of sustainable development”.’.

Consumer redress

Dan Rogerson

NC24

To move the following Clause:—

‘(1)
The Water Services Regulation Authority may modify the conditions of—

(a)
a pre-commencement appointment of a water or sewerage undertaker, or

(b)
a pre-commencement water supply licence,


so as to include conditions relating to the provision of a consumer redress scheme.

(2)
In subsection (1)—

(a)
“pre-commencement appointment of a water or sewerage undertaker”

means an appointment of a company under Chapter 1 of Part 2 of the

Water Industry Act 1991 to be a water or sewerage undertaker which is

made before the day on which this section comes into force, and

(b)
“pre-commencement water supply licence” means a licence under

Chapter 1A of Part 2 of the Water Industry Act 1991 granted before that

day.

(3)
In this section, “consumer redress scheme” means a scheme or other

arrangements for unresolved complaints to be investigated and determined by an

independent person.

(4)
The conditions that may under subsection (1) be included in an appointment or

licence include in particular conditions requiring the company holding the

appointment or the person holding the licence—

(a)
to secure the provision of a consumer redress scheme, or

(b)
to secure the provision of a consumer redress scheme which is of a

description specified in the conditions or which meets requirements so

specified.

(5)
Where under subsection (1) the Authority modifies conditions of an appointment

or licence, it may make such incidental or consequential modifications of other

conditions of the appointment or, as the case may be, other conditions of the

licence as it considers necessary or expedient.

Public Bill Committee: 5 December 2013
148

Water Bill, continued

(6)
The power of the Authority under subsection (1) to modify the conditions of an

appointment or licence may not be exercised after the end of the period of two

years beginning with the day on which this section comes into force.

(7)
Before making a modification under this section the Authority must consult—

(a)
the company holding the appointment or the person holding the licence;

(b)
the Secretary of State;

(c)
the Welsh Ministers;

(d)
the Consumer Council for Water;

(e)
such other persons as the Authority thinks it appropriate to consult.

(8)
The Minister may direct the Authority not to make a modification that it proposes

to make under this section; and the Authority must comply with such a direction.

(9)
In subsection (8) “the Minister” means—

(a)
the Secretary of State, in relation to—

(i)
a water or sewerage undertaker whose area is wholly or mainly

in England;

(ii)
a person who holds a licence under Chapter 1A of Part 2 of the

Water Industry Act 1991;

(b)
the Welsh Ministers, in relation to a water or sewerage undertaker whose

area is wholly or mainly in Wales.’.

Exit from the non-household retail market

Thomas Docherty

NC25

To move the following Clause:—

‘A company granted a water supply licence under section 17A of the Water

Industry Act 1991, prior to Royal Assent of this Act, may choose to provide to—

(a)
the retail market, or

(b)
the wholesale market

only.’.

Member’s explanatory statement

Enables water companies to exit the retail market.

Separation of retail and wholesale activities

Thomas Docherty

NC26

To move the following Clause:—

‘A company granted a water supply licence under section 17A of the Water

Industry Act 1991, prior to Royal Assent of this Act, must establish separate legal

identities for its—

(a)
retail activities, and

Public Bill Committee: 5 December 2013
149

Water Bill, continued

(b)
wholesale activities

within one year of Royal Assent of this Act.’.

Member’s explanatory statement

Requires the wholesale and retail arms of the water companies to be separate legal entities, within

a year of Royal Assent.

Abstraction reform

Thomas Docherty

NC27

To move the following Clause:—

‘(1)
The Secretary of State may by order (the “commencement order”) appoint a day

on which section 1 is to come into force.

(2)
The Secretary of State may only make an order under subsection (1) if—

(a)
new primary legislation on the licensing of abstraction has been passed;

and

(b)
five years has expired since the passage of any legislation under

paragraph (a).’.

Member’s explanatory statement

The Secretary of State may not implement upstream reform as set out in the Water Bill, until new

primary legislation on the licensing of abstraction has been passed, and five years has expired to

allow for its implementation.

Standardised terms and conditions for new entrants

Thomas Docherty

NC28

To move the following Clause:—

‘Any company granted a water supply licence under section 17A of the Water

Industry Act 1991, following Royal Assent of this Act, must be—

(a)
offered comparable terms and conditions as any company granted a water

supply licence prior to Royal Assent of this Act; and

(b)
all terms and conditions must be subject to scrutiny by the regulator.’.

Member’s explanatory statement

Ofwat would require each wholesaler to produce standardised terms and conditions for new

entrants.

Public Bill Committee: 5 December 2013
150

Water Bill, continued

Billing information: affordability

Thomas Docherty

NC29

To move the following Clause:—

‘Any company providing water services to a residential household must include

on its bills—

(a)
details of any tariffs provided by that company;

(b)
a recommendation of the lowest possible tariff for each residential

household; and

(c)
information regarding eligibility criteria and how to make an application

for assistance under Water Sure.’.

Member’s explanatory statement

Water companies are required to provide information regarding all tariffs and all affordability

schemes alongside customer water bills.

National Affordability Scheme

Thomas Docherty

NC30

To move the following Clause:—

‘(1)
The Secretary of State must, by order, introduce a National Affordability Scheme

for water.

(2)
The National Affordability Scheme must include an eligibility criteria,

determined by the Secretary of State, in consultation with—

(a)
the Water Services Regulation Authority; and

(b)
the Consumer Council for Water.

(3)
An order under this section—

(a)
shall be made by statutory instrument, and

(b)
may not be made unless a draft of the order has been laid before and

approved by resolution of each House of Parliament.’.

Member’s explanatory statement

The Secretary of State is required to bring forward a National Affordability Scheme, with an

eligibility criteria prescribed by the Secretary of State in the form of a statutory instrument, subject

to the approval of both Houses.

Oversight of charges

Thomas Docherty

NC31

To move the following Clause:—

‘In section 2 of the Water Industry Act 1991 (general duties with respect of the

water industry), after subsection (2C) there is inserted—



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