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| To move the following Clause:— |
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| | ‘(1) | A power to make regulations or an order under this Part is exercisable by statutory |
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| | (2) | A power to make regulations or an order under this Part includes power to make |
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| | different provision for different purposes and different areas. |
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| | (3) | A power to make regulations or an order under this Part includes power to make |
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| | incidental, supplementary, consequential, transitional or transitory provision or |
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| | (4) | Subject to subsection (5), a statutory instrument containing regulations or an |
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| | order made under this Part is subject to annulment in pursuance of a resolution of |
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| | either House of Parliament. |
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| | (5) | A statutory instrument containing— |
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| | (a) | regulations under section (Scheme funding)(1) (FR Scheme funding), |
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| | (b) | regulations under section (The register: expenses of relevant bodies) |
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| | (expenses of relevant bodies in connection with the register), |
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| | (c) | regulations under section (Functions of the FCA) (functions of FCA), |
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| | (d) | regulations under section (Intervention by the FCA or the PRA) |
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| | (intervention by FCA or PRA), or |
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| | (e) | an order under section (Period of operation) (period of operation), |
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| | | may not be made unless a draft of the instrument has been laid before, and |
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| | approved by a resolution of, each House of Parliament.’. |
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| | Disputes about the provision of public sewers: premises in Wales |
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| To move the following Clause:— |
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| | ‘(1) | Section 101A of the Water Industry Act 1991 (further duty to provide sewers) is |
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| | (a) | for “Any dispute” there is substituted “Subsections (7A) and (7B) apply |
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| | where there is a dispute”; |
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| | (b) | the words following paragraph (c) are repealed. |
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| | (3) | After subsection (7) there is inserted— |
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| | “(7A) | The dispute is to be determined by the appropriate person and may be |
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| | referred to the appropriate person for determination by either of the |
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| | (7B) | If the dispute is between a sewerage undertaker and an owner or occupier |
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| | of premises in Wales, the NRBW must provide advice in relation to any |
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| | of the matters mentioned in subsection (7)(a) to (c) if so requested by— |
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| | (a) | either of the parties to the dispute, or |
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| | (b) | the appropriate person. |
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| | (7C) | Any advice provided by the NRBW under subsection (7B) must be |
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| | provided to both parties to the dispute and to the appropriate person.” |
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| | (4) | In subsections (8)(a) and (9), for “subsection (7)” there is substituted “subsection |
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| | (5) | In subsections (8), (9), (10) and (11), for “appropriate agency”, in each place |
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| | those words occur, there is substituted “appropriate person”. |
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| | (6) | In subsection (11), in paragraph (b)— |
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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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| | 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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| | (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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| | 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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| | ‘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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| | 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 |
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| | 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
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| | 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:— |
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| | ‘(1) | Section 2 of the Water Industry Act 1991 (General duties with respect to water |
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| | 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
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| | 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
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| | 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:— |
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| | ‘(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.”.’. |
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| | Member’s explanatory statement
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| | Enables the Consumer Council for Water to be consulted on the charging schemes of water |
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| | companies and, if necessary, to investigate and resolve customer complaints. |
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