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| |
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| | (a) | for “the NRBW” there is substituted “the Welsh Ministers”; |
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| | (b) | at the end there is inserted “, or such person as the Welsh Ministers may |
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| | from time to time appoint as the appropriate person in relation to such |
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| | |
| | (7) | After subsection (11) there is inserted— |
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| | “(12) | A person may be appointed as the appropriate person under subsection |
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| | (11)(b) only if the person is independent of the NRBW. |
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| | (13) | A person is independent of the NRBW for the purposes of subsection |
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| | |
| | (a) | an individual who is not a member of the NRBW or the NRBW’s |
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| | |
| | (b) | a body none of whose members is a member of the NRBW or the |
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| | |
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| | Primary duty of sustainable development |
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| |
| | |
| To move the following Clause:— |
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| | ‘(1) | Section 2(3)(e) of the Water Industry Act 1991 is omitted. |
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| | (2) | In section 2(2A) of the Water Industry Act 1991, there is inserted— |
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| | “(e) | to contribute to the achievement of sustainable development”.’. |
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| |
| | |
| |
| | |
| To move the following Clause:— |
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| | ‘(1) | The Water Services Regulation Authority may modify the conditions of— |
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| | (a) | a pre-commencement appointment of a water or sewerage undertaker, or |
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| | (b) | a pre-commencement water supply licence, |
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| | | so as to include conditions relating to the provision of a consumer redress scheme. |
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| | |
| | (a) | “pre-commencement appointment of a water or sewerage undertaker” |
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| | means an appointment of a company under Chapter 1 of Part 2 of the |
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| | Water Industry Act 1991 to be a water or sewerage undertaker which is |
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| | made before the day on which this section comes into force, and |
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| | (b) | “pre-commencement water supply licence” means a licence under |
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| | Chapter 1A of Part 2 of the Water Industry Act 1991 granted before that |
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| | |
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| |
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| | (3) | In this section, “consumer redress scheme” means a scheme or other |
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| | arrangements for unresolved complaints to be investigated and determined by an |
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| | |
| | (4) | The conditions that may under subsection (1) be included in an appointment or |
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| | licence include in particular conditions requiring the company holding the |
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| | appointment or the person holding the licence— |
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| | (a) | to secure the provision of a consumer redress scheme, or |
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| | (b) | to secure the provision of a consumer redress scheme which is of a |
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| | description specified in the conditions or which meets requirements so |
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| | |
| | (5) | Where under subsection (1) the Authority modifies conditions of an appointment |
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| | or licence, it may make such incidental or consequential modifications of other |
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| | conditions of the appointment or, as the case may be, other conditions of the |
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| | licence as it considers necessary or expedient. |
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| | (6) | The power of the Authority under subsection (1) to modify the conditions of an |
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| | appointment or licence may not be exercised after the end of the period of two |
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| | years beginning with the day on which this section comes into force. |
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| | (7) | Before making a modification under this section the Authority must consult— |
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| | (a) | the company holding the appointment or the person holding the licence; |
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| | (b) | the Secretary of State; |
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| | |
| | (d) | the Consumer Council for Water; |
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| | (e) | such other persons as the Authority thinks it appropriate to consult. |
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| | (8) | The Minister may direct the Authority not to make a modification that it proposes |
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| | to make under this section; and the Authority must comply with such a direction. |
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| | (9) | In subsection (8) “the Minister” means— |
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| | (a) | the Secretary of State, in relation to— |
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| | (i) | a water or sewerage undertaker whose area is wholly or mainly |
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| | |
| | (ii) | a person who holds a licence under Chapter 1A of Part 2 of the |
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| | |
| | (b) | the Welsh Ministers, in relation to a water or sewerage undertaker whose |
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| | area is wholly or mainly in Wales.’. |
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| |
| | Exit from the non-household retail market |
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| |
| | |
| To move the following Clause:— |
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| | ‘A company granted a water supply licence under section 17A of the Water |
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| | Industry Act 1991, prior to Royal Assent of this Act, may choose to provide to— |
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| | (a) | the retail market, or |
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| | |
| | |
| | Member’s explanatory statement
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| |
| |
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| | Enables water companies to exit the retail market. |
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| |
| | Separation of retail and wholesale activities |
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| |
| | |
| To move the following Clause:— |
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| | ‘A company granted a water supply licence under section 17A of the Water |
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| | Industry Act 1991, prior to Royal Assent of this Act, must establish separate legal |
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| | |
| | (a) | retail activities, and |
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| | |
| | within one year of Royal Assent of this Act.’. |
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| | Member’s explanatory statement
|
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| | Requires the wholesale and retail arms of the water companies to be separate legal entities, within |
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| | |
| |
| | |
| |
| | |
| To move the following Clause:— |
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| | ‘(1) | The Secretary of State may by order (the “commencement order”) appoint a day |
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| | on which section 1 is to come into force. |
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| | (2) | The Secretary of State may only make an order under subsection (1) if— |
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| | (a) | new primary legislation on the licensing of abstraction has been passed; |
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| | |
| | (b) | five years has expired since the passage of any legislation under |
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| | |
| | Member’s explanatory statement
|
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| | The Secretary of State may not implement upstream reform as set out in the Water Bill, until new |
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| | primary legislation on the licensing of abstraction has been passed, and five years has expired to |
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| | allow for its implementation. |
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| |
| | Standardised terms and conditions for new entrants |
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| |
| | |
| To move the following Clause:— |
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| |
| |
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| | ‘Any company granted a water supply licence under section 17A of the Water |
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| | Industry Act 1991, following Royal Assent of this Act, must be— |
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| | (a) | offered comparable terms and conditions as any company granted a water |
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| | supply licence prior to Royal Assent of this Act; and |
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| | (b) | all terms and conditions must be subject to scrutiny by the regulator.’. |
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| | Member’s explanatory statement
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| | Ofwat would require each wholesaler to produce standardised terms and conditions for new |
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| | |
| |
| | Billing information: affordability |
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| |
| | |
| To move the following Clause:— |
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| | ‘Any company providing water services to a residential household must include |
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| | |
| | (a) | details of any tariffs provided by that company; |
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| | (b) | a recommendation of the lowest possible tariff for each residential |
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| | |
| | (c) | information regarding eligibility criteria and how to make an application |
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| | for assistance under Water Sure.’. |
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| | Member’s explanatory statement
|
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| | Water companies are required to provide information regarding all tariffs and all affordability |
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| | schemes alongside customer water bills. |
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| |
| | National Affordability Scheme |
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| |
| | |
| To move the following Clause:— |
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| | ‘(1) | The Secretary of State must, by order, introduce a National Affordability Scheme |
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| | |
| | (2) | The National Affordability Scheme must include an eligibility criteria, |
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| | determined by the Secretary of State, in consultation with— |
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| | (a) | the Water Services Regulation Authority; and |
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| | (b) | the Consumer Council for Water. |
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| | (3) | An order under this section— |
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| | (a) | shall be made by statutory instrument, and |
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| | (b) | may not be made unless a draft of the order has been laid before and |
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| | approved by resolution of each House of Parliament.’. |
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| | Member’s explanatory statement
|
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| | The Secretary of State is required to bring forward a National Affordability Scheme, with an |
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| | eligibility criteria prescribed by the Secretary of State in the form of a statutory instrument, subject |
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| |
| |
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| | to the approval of both Houses. |
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| |
| | |
| |
| | |
| To move the following Clause:— |
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| | ‘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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| | “(2CA) | For the purposes of subsection (2A)(a) above the Secretary of State or, as |
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| | the case may be, the Authority shall have regard to the rates of charges |
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| | |
| | (a) | household premises; and |
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| | (b) | non-household premises.”.’. |
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| | Member’s explanatory statement
|
|
| | Ofwat are required to consider the rates of charges to household and non-household premises. |
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| |
| | Primary duty of sustainable development |
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| |
| | |
| 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. |
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| | |
| | (a) | omit the “and” at the end of paragraph (c); |
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| | (b) | after paragraph (d) insert “; and |
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| | (e) | to contribute to the achievement of sustainable |
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| | |
| | (3) | In subsection (3) omit paragraph (e).’. |
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| | Member’s explanatory statement
|
|
| | Elevate Ofwat’s sustainable development duty from a secondary duty to a primary duty. |
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| |
| | Duties of undertakers to furnish the Secretary of State with information: annual review |
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| |
| | |
| To move the following Clause:— |
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|
|
| |
| |
|
| | ‘(1) | Section 202 of the Water Industry Act 1991 (duties of undertakers to furnish the |
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| | Secretary of State with information) is amended as follows. |
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| | (2) | After subsection (1A) there is inserted— |
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| | “(1B) | Any company with a duty under subsections (1) and (1A) must furnish |
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| | the Secretary of State and the Authority with an annual review which |
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| | provides information about— |
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| | |
| | (b) | the total amount of investment; |
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| | (c) | their taxation structure; |
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| | (d) | their corporate structure; and |
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| | (e) | the total amount of dividends paid to shareholders. |
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| | (1C) | Information under subsection (1B) must be provided prior to the |
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| | publication of the annual statement of the Secretary of State under section |
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| | |
| | Member’s explanatory statement
|
|
| | Water companies are required to provide information annually to the Secretary of State regarding |
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| | their performance, investment, taxation structure, corporate structure and total amount of |
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| | dividends paid to shareholders. |
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| |
| | |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | Section 29 of the Water Industry Act 1991 (Consumer complaints) is amended as |
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| | |
| | (2) | After subsection (11) there is inserted— |
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| | “(11A) | Following the production of a report under subsection (10), the Council |
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| | |
| | (a) | be consulted on a water company’s charging scheme, and any |
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| | |
| | (b) | investigate and resolve matters as it sees fit.”.’. |
|
| | Member’s explanatory statement
|
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| | 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. |
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| |
| | Onshore oil or gas activities—effect on water environment |
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| |
| | |
| To move the following Clause:— |
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|
|
| |
| |
|
| | ‘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 |
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| | 13A(1) | Without prejudice to the operation of Regulation 35(2) and paragraph |
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| | 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— |
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| | (a) | the regulated facility to which the application for or transfer of |
|
| | the environmental permit relates is to be carried on as part of |
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| | an onshore oil or gas activity; and |
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| | (b) | the regulator is not satisfied that the applicant or the proposed |
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| | 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 |
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| | the environmental permit; |
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| | (ii) | compliance with any enforcement notice or |
|
| | suspension notice or prohibition notice or mining |
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| | waste facility closure notice or landfill closure notice |
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| | which may be served on the applicant or transferee by |
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| | the regulator under these Regulations; |
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| | (iii) | compliance with any order of the High Court which |
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| | may be obtained against the applicant or transferee |
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| | under Regulation 42 for the purpose of securing |
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| | compliance with any of the notices listed in sub- |
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| | |
| | (iv) | compliance with any order of any court issued under |
|
| | Regulation 44 against the applicant or transferee; and |
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| | (v) | recovery by the regulator of its costs upon any |
|
| | exercise of its power against the applicant or |
|
| | transferee under Regulation 57; |
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| | (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; |
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| | (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) |
|
| |
| | |
| To move the following Clause:— |
|
| | ‘A company appointed to be a water undertaker under section 6 of the Water |
|
| | Industry Act 1991, prior to Royal Assent of this Act, may choose to provide to— |
|
| | (a) | the retail market; or |
|
|