Session 2013 - 14
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217

 

House of Commons

 
 

Notices of Amendments

 

given on

 

Tuesday 10 December 2013

 

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

 

Water Bill Committee 180-216

 

Public Bill Committee


 

Water Bill

 

Interim duty: water supply

 

Dan Rogerson

 

NC42

 

To move the following Clause:—

 

‘For section 63AC of the Water Industry Act 1991 (interim duty of water

 

undertaker: domestic and non-domestic supply) there is substituted—

 

“63AC

 Interim duty: domestic and non-domestic supply

 

(1)    

This section applies where—

 

(a)    

a water supply licensee (“the previous licensee”) ceases to

 

supply any premises with water, and

 

(b)    

the owner or occupier of the premises has not notified the water

 

undertaker in whose area the premises are that—

 

(i)    

he has made arrangements for the continuation of the

 

supply of water to the premises, or

 

(ii)    

he intends any supply of water to the premises to cease.

 

(2)    

It is to be the duty of the water undertaker to continue the supply of water

 

to the premises which was made by the previous licensee.

 

(3)    

But the Authority may give a direction to an eligible water supply

 

licensee (“an interim licensee”) providing that it is to be the duty of that

 

licensee to continue the supply instead.

 

(4)    

An “eligible water supply licensee” is a water supply licensee with a

 

retail authorisation or a restricted retail authorisation who has elected to

 

be an eligible water supply licensee for the purposes of this section in

 

accordance with the code issued under section 63AF.


 
 

Notices of Amendments: 10 December 2013                  

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Water Bill, continued

 
 

(5)    

If the Authority proposes to give a direction under subsection (3) to an

 

eligible water supply licensee—

 

(a)    

the Authority must give notice of the proposed direction to the

 

licensee, and

 

(b)    

the licensee may, in accordance with the code issued under

 

section 63AF, temporarily suspend the election made by the

 

licensee as mentioned in subsection (4), so that the proposed

 

direction cannot be given to the licensee.

 

(6)    

Where a supply is made by an undertaker under subsection (2)—

 

(a)    

the charges payable in respect of the supply are to be fixed from

 

time to time by a charges scheme under section 143, and

 

(b)    

subject to subsection (12), the supply is to be made until—

 

(i)    

a supply is made by an interim licensee by virtue of a

 

direction under subsection (3),

 

(ii)    

a supply is made by a water supply licensee following

 

the service of a notice under section 63AA or 63AB;

 

(iii)    

a supply is made under section 52 or 55, or

 

(iv)    

a notice is served by the undertaker on the owner or

 

occupier of the premises stating that the supply is to be

 

discontinued (subject to subsection (8)),

 

    

whichever is the earlier.

 

(7)    

Where a supply is made by an interim licensee by virtue of a direction

 

given under subsection (3)—

 

(a)    

the supply by the interim licensee is to be treated as having begun

 

on the date on which the previous licensee ceased to supply the

 

premises,

 

(b)    

the terms and conditions in accordance with which the supply is

 

to be made are to be—

 

(i)    

those provided for by a scheme made under section

 

63AE, or

 

(ii)    

such other terms and conditions as may be agreed

 

between the interim licensee and the owner or occupier

 

of the premises, and

 

(c)    

subject to subsection (12), the supply is to be made until it is

 

discontinued in accordance with the terms and conditions

 

mentioned in paragraph (b).

 

(8)    

A notice under subsection (6)(b)(iv) may not be served before the end of

 

the period of three months beginning with the day on which the supply

 

by the previous licensee ceased.

 

(9)    

Subsections (10) and (11) apply if, within a period of three months

 

beginning with the date on which the previous licensee ceased to supply

 

the premises with water, the owner or occupier of the premises serves

 

notice—

 

(a)    

under section 63AA or 63AB, on the water undertaker

 

continuing the supply under subsection (2), or

 

(b)    

in accordance with the terms and conditions mentioned in

 

subsection (7)(b), on the interim licensee continuing the supply

 

by virtue of a direction given under subsection (3),


 
 

Notices of Amendments: 10 December 2013                  

219

 

Water Bill, continued

 
 

    

that instead another water supply licensee (“the new licensee”) is to

 

continue the supply of water to the premises which was made by the

 

previous licensee.

 

(10)    

The notice must—

 

(a)    

specify the time from which the new licensee is to continue the

 

supply in question, and

 

(b)    

be served in accordance with the code issued under section

 

63AF.

 

(11)    

In the case of a notice served as mentioned in subsection (9)(a), the

 

supply by the new licensee is to be treated as having begun on the date on

 

which the previous licensee ceased to supply the premises.

 

(12)    

Supplies of water under this section are subject to sections 60 to 63.

 

63AD  

 Interim duty: supplementary

 

(1)    

A water undertaker is not required by virtue of section 63AC to provide

 

a supply of water to any premises if the provision of the supply would—

 

(a)    

require the undertaker, in order to meet all its existing

 

obligations to supply water for domestic or other purposes,

 

together with its probable future obligations to supply buildings

 

and parts of buildings with water for domestic purposes, to incur

 

unreasonable expenditure in carrying out works, or

 

(b)    

otherwise put at risk its ability to meet any of the existing or

 

probable future obligations mentioned in paragraph (a).

 

(2)    

The Authority may determine, in a case referred to it by the owner or

 

occupier of the premises in question, whether the condition in subsection

 

(1) is satisfied in relation to a water undertaker.

 

(3)    

Before the Authority determines whether that condition is satisfied, it

 

must consult—

 

(a)    

the Secretary of State, in the case of a water undertaker whose

 

area is wholly or mainly in England;

 

(b)    

the Welsh Ministers, in the case of a water undertaker whose area

 

is wholly or mainly in Wales.

 

(4)    

The supply of water to any premises by a water undertaker under section

 

63AC does not prevent a proposed supply to those premises by that

 

undertaker under section 55 from being regarded as a new supply for the

 

purposes of that section.

 

(5)    

Where a duty is imposed by section 63AC(2), or by virtue of a direction

 

given under section 63AC(3), in respect of any premises, any breach of

 

the duty which causes the owner or occupier of the premises to sustain

 

loss or damage is actionable at the suit of that owner or occupier.

 

(6)    

But in any proceedings brought against a water undertaker or water

 

supply licensee in pursuance of subsection (5), it is a defence for the

 

undertaker or licensee to show that the undertaker or, as the case may be,

 

the licensee took all reasonable steps and exercised all due diligence to

 

avoid the breach.

 

63AE  

 Interim licensees: schemes for terms and conditions

 

(1)    

A person who is an eligible water supply licensee for the purposes of

 

section 63AC must make, and from time to time revise, a scheme


 
 

Notices of Amendments: 10 December 2013                  

220

 

Water Bill, continued

 
 

containing the terms and conditions which, in the absence of agreed

 

terms and conditions, are to apply to a supply of water made by the

 

licensee by virtue of a direction given under section 63AC(3).

 

(2)    

A scheme under this section may make different provision for different

 

purposes, or for different areas.

 

(3)    

As soon as practicable after a water supply licensee makes or revises a

 

scheme under this section the licensee is to—

 

(a)    

publish the scheme, or revised scheme, on the licensee’s website,

 

and

 

(b)    

send a copy of the scheme, or revised scheme, to the Authority.

 

(4)    

The Authority may give a direction that terms and conditions applying to

 

a supply of water in accordance with a scheme under this section must be

 

modified as specified in the direction.

 

(5)    

A direction under subsection (4) may apply—

 

(a)    

generally to terms and conditions applying in accordance with a

 

scheme under this section, or

 

(b)    

to terms and conditions so applying in any particular case.

 

(6)    

It is the duty of a water supply licensee to comply with a direction under

 

subsection (4), and this duty is enforceable under section 18.

 

63AF  

 Interim duty: code

 

(1)    

The Authority must issue a code in relation to—

 

(a)    

supplies of water under section 63AC, and

 

(b)    

its power of direction under section 63AC(3) (power to direct

 

that eligible water supply licensee makes interim supply).

 

(2)    

The code may, in particular, make provision about—

 

(a)    

the procedure for electing to be an eligible water supply licensee

 

for the purposes of section 63AC;

 

(b)    

the procedure for temporarily suspending such an election under

 

section 63AC(5)(b);

 

(c)    

the circumstances in which the Authority’s power of direction

 

under section 63AC(3) or 63AE(4) may or may not be exercised;

 

(d)    

how the Authority will determine the date on which a water

 

supply licensee ceased to supply premises with water for the

 

purposes of section 63AC;

 

(e)    

terms and conditions contained in schemes made under section

 

63AE;

 

(f)    

eligible water supply licensees informing owners or occupiers of

 

premises of their schemes for terms and conditions made under

 

section 63AE, before agreeing any terms and conditions as

 

mentioned in section 63AC(7)(b)(ii);

 

(g)    

the giving of notices as mentioned in section 63AC(9) (that a

 

new licensee is to continue the supply of water made by the

 

previous licensee) including, in particular, provision about—

 

(i)    

the earliest time that a notice may specify as the time

 

from which a new licensee is to continue the supply of

 

water made by a previous licensee;

 

(ii)    

the procedure for serving a notice.


 
 

Notices of Amendments: 10 December 2013                  

221

 

Water Bill, continued

 
 

(3)    

If the Authority considers that a water supply licensee is not acting as

 

required by provision contained in a code as mentioned in subsection

 

(2)(e) or (f), the Authority may give the licensee a direction to do, or not

 

to do, a particular thing specified in the direction.

 

(4)    

It is the duty of a water supply licensee to comply with a direction under

 

subsection (3), and this duty is enforceable under section 18.

 

(5)    

The Authority must from time to time review the code and, if appropriate,

 

issue a revised code.

 

(6)    

References in section 63AC to the code issued under this section are to

 

the code issued under this section that has effect at the time in question.”’.

 

Interim duty: sewerage services

 

Dan Rogerson

 

NC43

 

To move the following Clause:—

 

‘After section 110I of the Water Industry Act 1991 (as inserted by section 9) there

 

is inserted—

 

“Provision of sewerage services by sewerage licensees etc

 

110J  

 Provision by sewerage licensee

 

(1)    

The owner or occupier of any premises may serve a notice on a sewerage

 

undertaker—

 

(a)    

informing the undertaker that sewerage services to the premises

 

are to be provided by a sewerage licensee, and

 

(b)    

specifying the time after which the undertaker will no longer be

 

required to provide sewerage services to the premises.

 

(2)    

Where the charges for the sewerage services provided by the undertaker

 

are, under Chapter 1 of Part 5 of this Act, fixed in relation to the premises

 

by reference to volume, the time specified in the notice is to fall at least

 

two working days after the notice is served.

 

(3)    

In this section a reference to two working days is a reference to a period

 

of 48 hours calculated after disregarding any time falling on—

 

(a)    

a Saturday or Sunday, or

 

(b)    

Christmas Day, Good Friday or any day which is a bank holiday

 

in England and Wales under the Banking and Financial Dealings

 

Act 1971.

 

110K  

 Interim duty: sewerage undertakers and sewerage licensees

 

(1)    

This section applies where—

 

(a)    

a sewerage licensee (“the previous licensee”) ceases to provide

 

sewerage services to any premises, and

 

(b)    

the owner or occupier of the premises has not notified the

 

sewerage undertaker in whose area the premises are that—

 

(i)    

he has made arrangements for the continuation of the

 

provision of sewerage services to the premises, or


 
 

Notices of Amendments: 10 December 2013                  

222

 

Water Bill, continued

 
 

(ii)    

he intends any provision of sewerage services to the

 

premises to cease.

 

(2)    

It is to be the duty of the sewerage undertaker to continue to provide the

 

sewerage services to the premises which were provided by the previous

 

licensee.

 

(3)    

But the Authority may give a direction to an eligible sewerage licensee

 

(“an interim licensee”) providing that it is to be the duty of that licensee

 

to provide the sewerage services instead.

 

(4)    

An “eligible sewerage licensee” is a sewerage licensee with a retail

 

authorisation who has elected to be an eligible sewerage licensee for the

 

purposes of this section in accordance with the code issued under section

 

110N.

 

(5)    

If the Authority proposes to give a direction under subsection (3) to an

 

eligible sewerage licensee—

 

(a)    

the Authority must give notice of the proposed direction to the

 

licensee, and

 

(b)    

the licensee may, in accordance with the code issued under

 

section 110N, temporarily suspend the election made by the

 

licensee as mentioned in subsection (4), so that the proposed

 

direction cannot be given to the licensee.

 

(6)    

Where sewerage services are provided by an undertaker under subsection

 

(2)—

 

(a)    

the charges payable in respect of the provision of the services are

 

to be fixed from time to time by a charges scheme under section

 

143, and

 

(b)    

the services are to be provided until—

 

(i)    

services are provided by an interim licensee by virtue of

 

a direction under subsection (3), or

 

(ii)    

services are provided by a sewerage licensee following

 

the service of a notice under section 110J,

 

    

whichever is the earlier.

 

(7)    

Where sewerage services are provided by an interim licensee by virtue of

 

a direction given under subsection (3)—

 

(a)    

the provision of services by the interim licensee is to be treated

 

as having begun on the date on which the previous licensee

 

ceased to provide services to the premises,

 

(b)    

the terms and conditions in accordance with which the services

 

are to be provided are to be—

 

(i)    

those provided for by a scheme made under section

 

110M, or

 

(ii)    

such other terms and conditions as may be agreed

 

between the interim licensee and the owner or occupier

 

of the premises, and

 

(c)    

the services are to be provided until they are discontinued in

 

accordance with the terms and conditions mentioned in

 

paragraph (b).

 

(8)    

Subsections (9) and (10) apply if, within a period of three months

 

beginning with the date on which the previous licensee ceased to provide


 
 

Notices of Amendments: 10 December 2013                  

223

 

Water Bill, continued

 
 

sewerage services to the premises, the owner or occupier of the premises

 

serves notice—

 

(a)    

under section 110J, on the sewerage undertaker continuing the

 

provision of services under subsection (2), or

 

(b)    

in accordance with the terms and conditions mentioned in

 

subsection (7)(b), on the interim licensee continuing the

 

provision of services by virtue of a direction given under

 

subsection (3),

 

    

that instead another sewerage licensee (“the new licensee”) is to continue

 

the provision of the services to the premises which were provided by the

 

previous licensee.

 

(9)    

The notice must—

 

(a)    

specify the time from which the new licensee is to continue the

 

provision of the services in question, and

 

(b)    

be served in accordance with the code issued under section

 

110N.

 

(10)    

In the case of a notice served as mentioned in subsection (8)(a), the

 

provision of services by the new licensee is to be treated as having begun

 

on the date on which the previous licensee ceased to provide services to

 

the premises.

 

110L  

 Interim duty: supplementary

 

(1)    

Where a duty is imposed by section 110K(2), or by virtue of a direction

 

given under section 110K(3), in respect of any premises, any breach of

 

the duty which causes the owner or occupier of the premises to sustain

 

loss or damage is actionable at the suit of that owner or occupier.

 

(2)    

But in any proceedings brought against a sewerage undertaker or

 

sewerage licensee in pursuance of subsection (1), it is a defence for the

 

undertaker or licensee to show that the undertaker or, as the case may be,

 

the licensee took all reasonable steps and exercised all due diligence to

 

avoid the breach.

 

110M  

 Interim licensees: schemes for terms and conditions

 

(1)    

A person who is an eligible sewerage licensee for the purposes of section

 

110K must make, and from time to time revise, a scheme containing the

 

terms and conditions which, in the absence of agreed terms and

 

conditions, are to apply to the provision of sewerage services by the

 

licensee by virtue of a direction given under section 110K(3).

 

(2)    

A scheme under this section may make different provision for different

 

purposes, or for different areas.

 

(3)    

As soon as practicable after a sewerage licensee makes or revises a

 

scheme under this section the licensee is to—

 

(a)    

publish the scheme, or revised scheme, on the licensee’s website,

 

and

 

(b)    

send a copy of the scheme, or revised scheme, to the Authority.

 

(4)    

The Authority may give a direction that terms and conditions applying to

 

the provision of sewerage services in accordance with a scheme under

 

this section must be modified as specified in the direction.

 

(5)    

A direction under subsection (4) may apply—


 
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