House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Public Bill Committee: 5 December 2013
151

Water Bill, continued

“(2CA)
For the purposes of subsection (2A)(a) above the Secretary of State or, as

the case may be, the Authority shall have regard to the rates of charges

to—

(a)
household premises; and

(b)
non-household premises.”.’.

Member’s explanatory statement

Ofwat are required to consider the rates of charges to household and non-household premises.

Primary duty of sustainable development

Thomas Docherty

NC32

To move the following Clause:—

‘(1)
Section 2 of the Water Industry Act 1991 (General duties with respect to water

industry) is amended as follows.

(2)
In subsection (2A)—

(a)
omit the “and” at the end of paragraph (c);

(b)
after paragraph (d) insert “; and

(e)
to contribute to the achievement of sustainable

development.”.

(3)
In subsection (3) omit paragraph (e).’.

Member’s explanatory statement

Elevate Ofwat’s sustainable development duty from a secondary duty to a primary duty.

Duties of undertakers to furnish the Secretary of State with information: annual review

Thomas Docherty

NC33

To move the following Clause:—

‘(1)
Section 202 of the Water Industry Act 1991 (duties of undertakers to furnish the

Secretary of State with information) is amended as follows.

(2)
After subsection (1A) there is inserted—

“(1B)
Any company with a duty under subsections (1) and (1A) must furnish

the Secretary of State and the Authority with an annual review which

provides information about—

(a)
their performance;

(b)
the total amount of investment;

(c)
their taxation structure;

(d)
their corporate structure; and

(e)
the total amount of dividends paid to shareholders.

Public Bill Committee: 5 December 2013
152

Water Bill, continued

(1C)
Information under subsection (1B) must be provided prior to the

publication of the annual statement of the Secretary of State under section

2A.”.’.

Member’s explanatory statement

Water companies are required to provide information annually to the Secretary of State regarding

their performance, investment, taxation structure, corporate structure and total amount of

dividends paid to shareholders.

Consumer redress

Thomas Docherty

NC34

To move the following Clause:—

‘(1)
Section 29 of the Water Industry Act 1991 (Consumer complaints) is amended as

follows.

(2)
After subsection (11) there is inserted—

“(11A)
Following the production of a report under subsection (10), the Council

will have the right to—

(a)
be consulted on a water company’s charging scheme, and any

changes to it, and

(b)
investigate and resolve matters as it sees fit.”.’.

Member’s explanatory statement

Enables the Consumer Council for Water to be consulted on the charging schemes of water

companies and, if necessary, to investigate and resolve customer complaints.

Onshore oil or gas activities—effect on water environment

Roger Williams

nc35


To move the following Clause:—

‘In Part 1 of Schedule 5 of the Environmental Permitting (England and Wales)

Regulations 2010 there shall be inserted after paragraph 13 the following—

“Onshore oil or gas activities—effect on water environment

13A(1)
Without prejudice to the operation of Regulation 35(2) and paragraph

5(1)(d) of Schedule 10 and of Regulation 35(2) and paragraph 7(j) of

Schedule 20, the regulator shall refuse an application for the grant or

variation of an environmental permit or for the transfer in whole or in

part of an environmental permit if—

(a)
the regulated facility to which the application for or transfer of

the environmental permit relates is to be carried on as part of

an onshore oil or gas activity; and

Public Bill Committee: 5 December 2013
153

Water Bill, continued

(b)
the regulator is not satisfied that the applicant or the proposed

transferee has made or will make adequate financial provision

for preventing or mitigating pollution of the water

environment, by ensuring all of the following—

(i)
operation of the regulated facility in accordance with

the environmental permit;

(ii)
compliance with any enforcement notice or

suspension notice or prohibition notice or mining

waste facility closure notice or landfill closure notice

which may be served on the applicant or transferee by

the regulator under these Regulations;

(iii)
compliance with any order of the High Court which

may be obtained against the applicant or transferee

under Regulation 42 for the purpose of securing

compliance with any of the notices listed in sub-

paragraph (ii).

(iv)
compliance with any order of any court issued under

Regulation 44 against the applicant or transferee; and

(v)
recovery by the regulator of its costs upon any

exercise of its power against the applicant or

transferee under Regulation 57;

(c)
for the purpose of this paragraph ‘onshore oil or gas activity’

means any activity for the purpose of exploration for or

extraction of onshore oil and gas;

(d)
for the purpose of this paragraph ‘adequate provision by way

of financial security’ means financial provision which is

sufficient in value, secure and available when required.”.’.

Exit from the non-household retail market (No. 2)

Thomas Docherty

nc36


To move the following Clause:—

‘A company appointed to be a water undertaker under section 6 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.

Public Bill Committee: 5 December 2013
154

Water Bill, continued

Order of the House [25 November 2013]

That the following provisions shall apply to the Water Bill:

Committal

1.
The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

2.
Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on Tuesday 17 December 2013.

3.
The Public Bill Committee shall have leave to sit twice on the first day on

which it meets.

Consideration and Third Reading

4.
Proceedings on Consideration shall (so far as not previously concluded) be

brought to a conclusion one hour before the moment of interruption on the

day on which those proceedings are commenced.

5.
Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption on that day.

6.
Standing Order No. 83B (Programming committees) shall not apply to

proceedings on consideration and Third Reading.

Other proceedings

7.
Any other proceedings on the Bill (including any proceedings on

consideration of any message from the Lords) may be programmed.

Order of the Committee [3 December 2013]

That—

(1)
the Committee shall (in addition to its first meeting at 8.55 am on Tuesday 3

December) meet—

(a)
at 2.00 pm on Tuesday 3 December;

(b)
at 1.00 pm on Thursday 5 December;

(c)
at 8.55 am and 1.30 pm on Tuesday 10 December;

(d)
at 11.30 am and 2.00 pm on Thursday 12 December;

(e)
at 8.55 am and 2.00 pm on Tuesday 17 December;

(2)
the Committee shall hear oral evidence in accordance with the following

Table:

      TABLE

Date
Time
Witness

Tuesday 3
Until no later
Water Services Regulation

December
than 10.15 am
Authority (Ofwat)

Water Industry Commission for

Scotland

Water UK

Business Stream

Tuesday 3
Until no later
Consumer Council for Water

December
than 11.25 am
Dr Peter Kenway, Director, New

Policy Institute and co-author of

The Water Industry: a case to

answer

Tuesday 3
Until no later
Association of British Insurers

December
than 3.15 pm
National Flood Forum

British Insurance Brokers’

Association

Council of Mortgage Lenders

Tuesday 3
Until no later
Environment Agency

December
than 3.35 pm

Tuesday 3
Until no later
Blueprint for Water Coalition

December
than 4.05 pm
Chartered Institution of Water and

Environmental Management

Tuesday 3
Until no later
Department for Environment,

December
than 4.50 pm
Food and Rural Affairs

Public Bill Committee: 5 December 2013
155

Water Bill, continued

(3)
proceedings on consideration of the Bill in Committee shall be taken in the

following order: Clause 1; Schedules 1 and 2; Clauses 2 to 4; Schedules 3 and

4; Clause 5; Schedule 5; Clauses 6 to 35; Schedule 6; Clauses 36 to 40;

Schedule 7; Clauses 41 to 44; Schedule 8; Clauses 45 to 50; Schedule 9;

Clause 51; Schedule 10; Clauses 52 to 57; new Clauses; new Schedules;

remaining proceedings on the Bill; and

(4)
the proceedings shall (so far as not previously concluded) be brought to a

conclusion at 5.00 pm on Tuesday 17 December.



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