Session 2013 - 14
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Other Bills before Parliament


 
 

Public Bill Committee: 12 December 2013                  

260

 

Water Bill, continued

 
 

(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

 

Parliamentary Star - white    

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

 

(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.


 
 

Public Bill Committee: 12 December 2013                  

261

 

Water Bill, continued

 
 

(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

 

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


 
 

Public Bill Committee: 12 December 2013                  

262

 

Water Bill, continued

 
 

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—

 

(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 sewerage licensee to comply with a direction under

 

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


 
 

Public Bill Committee: 12 December 2013                  

263

 

Water Bill, continued

 
 

110N  

 Interim duty: code

 

(1)    

The Authority must issue a code in relation to—

 

(a)    

the provision of sewerage services under section 110K, and

 

(b)    

its power of direction under section 110K(3) (power to direct that

 

eligible sewerage licensee provides interim sewerage services).

 

(2)    

The code may, in particular, make provision about—

 

(a)    

the procedure for electing to be an eligible sewerage licensee for

 

the purposes of section 110K;

 

(b)    

the procedure for temporarily suspending such an election under

 

section 110K(5)(b);

 

(c)    

the circumstances in which the Authority’s power of direction

 

under section 110K(3) or 110M(4) may or may not be exercised;

 

(d)    

how the Authority will determine the date on which a sewerage

 

licensee ceased to provide sewerage services to premises for the

 

purposes of section 110K;

 

(e)    

terms and conditions contained in schemes made under section

 

110M;

 

(f)    

eligible sewerage licensees informing owners or occupiers of

 

premises of their schemes for terms and conditions made under

 

section 110M, before agreeing any terms and conditions as

 

mentioned in section 110K(7)(b)(ii);

 

(g)    

the giving of notices as mentioned in section 110K(8) (that a new

 

licensee is to continue the provision of the sewerage services

 

provided 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 provision

 

of the sewerage services provided by a previous

 

licensee;

 

(ii)    

the procedure for serving a notice.

 

(3)    

If the Authority considers that a sewerage 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 sewerage 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 110K to the code issued under this section are to

 

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

 



 
 

Public Bill Committee: 12 December 2013                  

264

 

Water Bill, continued

 
 

Liability in nuisance for a riparian owner

 

Roger Williams

 

NC44

 

Parliamentary Star    

To move the following Clause:—

 

‘The Secretary of State may by regulations make provision to limit the liability in

 

nuisance for a riparian owner when the Environment Agency or relevant authority

 

withdraws from maintenance of flood d efences.’.

 


 

New Schedule

 

Dan Rogerson

 

NS1

 

To move the following Schedule:—

 

‘Commencement orders: appropriate authority

 

1          

In relation to the sections and Schedules listed in the first column of this table,

 

the appropriate authority for the purposes of section 56(3) is as listed in the

 

second column (see paragraph 3 as regards interpretation of terms used in the

 

table)—

 

Section or Schedule

Appropriate authority

 
 

Section 5 and Schedule 5

The Welsh Ministers (but see

 
  

paragraph 2).

 
 

Section 7

The Scottish Ministers.

 
 

Section 8

The Minister, as defined in subsection

 
  

(7) of section 40H of the Water

 
  

Industry Act 1991 (as inserted by

 
  

section 8).

 
 

Section 9

The Minister, as defined in subsection

 
  

(7) of section 110I of the Water

 
  

Industry Act 1991 (as inserted by

 
  

section 9).

 
 

Section 10 to 12

The Secretary of State, in relation to

 
  

wholly or mainly English undertakers.

 
  

The Welsh Ministers, in relation to

 
  

wholly or mainly Welsh undertakers.

 
 

Sections 16 to 20

The Secretary of State, in relation to

 
  

wholly or mainly English undertakers.

 
  

The Welsh Ministers, in relation to

 
  

wholly or mainly Welsh undertakers.

 
 

Section 22

The Welsh Ministers, in relation to

 
  

wholly or mainly Welsh undertakers

 
  

(see section 56(2)(b) as regards

 
  

commencement in relation to wholly

 
  

or mainly English undertakers).

 
 

Section 23

The Secretary of State, in relation to

 
  

wholly or mainly English undertakers.

 
  

The Welsh Ministers, in relation to

 
  

wholly or mainly Welsh undertakers.

 
 

Section 24

The Secretary of State, in relation to—

 
  

(a)    

the insertion of section 2A of

 
  

the Water Industry Act 1991

 
  

by subsection (1) of section

 
  

24, and

 
  

(b)    

the amendments made by

 
  

subsections (2) and (3) of

 
  

section 24 so far as relating to

 
  

section 2A.

 
  

The Welsh Ministers, in relation to—

 
  

(a)    

the insertion of section 2B of

 
  

the Water Industry Act 1991

 
  

by subsection (1) of section

 
  

24, and

 
  

(b)    

the amendments made by

 
  

subsections (2) and (3) of

 
  

section 24 so far as relating to

 
  

section 2B.

 
 

Section 36

The Secretary of State, in relation to

 
  

wholly or mainly English undertakers.

 
  

The Welsh Ministers, in relation to

 
  

wholly or mainly Welsh undertakers.

 
 

Section 37

The Secretary of State, in relation to

 
  

the power to make an order under

 
  

section 207E of the Water Industry Act

 
  

1991 (as inserted by section 37) in

 
  

respect of adjudication functions

 
  

exercisable as regards—

 
  

(a)    

wholly or mainly English

 
  

undertakers, or

 
  

(b)    

wholly or mainly English

 
  

licensees.

 
  

The Welsh Ministers, in relation to the

 
  

power to make an order under section

 
  

207E of the Water Industry Act

 
  

1991(as inserted by section 37) in

 
  

respect of adjudication functions

 
  

exercisable as regards—

 
  

(a)    

wholly or mainly Welsh

 
  

undertakers, or

 
  

(b)    

wholly or mainly Welsh

 
  

licensees.

 
 

Section 38(1)

The Secretary of State, in relation to

 
  

the power of the Secretary of State to

 
  

make an order under section 86ZA of

 
  

the Water Industry Act 1991 (as

 
  

inserted by section 38).

 
  

The Welsh Ministers, in relation to the

 
  

power of the Welsh Ministers to make

 
  

an order under section 86ZA of the

 
  

Water Industry Act 1991 (as inserted

 
  

by section 38).

 
 

Section 38(2)(a)

The Welsh Ministers.

 
 

Section (Disputes about the provision

The Welsh Ministers.

 
 

of public sewers: premises in Wales)

  
 

Section (Consumer redress)

The Secretary of State—

 
  

(a)    

in relation to wholly or mainly

 
  

English undertakers,

 
  

(b)    

in relation to water supply

 
  

licensees so far as their

 
  

licences relate to the use of the

 
  

supply systems of wholly or

 
  

mainly English water

 
  

undertakers, or

 
  

(c)    

in relation to sewerage

 
  

licensees so far as their

 
  

licences relate to the use of the

 
  

sewerage systems of wholly or

 
  

mainly English sewerage

 
  

undertakers.

 
  

The Welsh Ministers—

 
  

(a)    

in relation to wholly or mainly

 
  

Welsh undertakers,

 
  

(b)    

in relation to water supply

 
  

licensees so far as their

 
  

licences relate to the use of the

 
  

supply systems of wholly or

 
  

mainly Welsh water

 
  

undertakers, or

 
  

(c)    

in relation to sewerage

 
  

licensees so far as their

 
  

licences relate to the use of the

 
  

sewerage systems of wholly or

 
  

mainly Welsh sewerage

 
  

undertakers.

 
 

Section 42

The Secretary of State, in relation to

 
  

the main river map for England.

 
  

The Welsh Ministers, in relation to the

 
  

main river map for Wales.

 

 
 

Public Bill Committee: 12 December 2013                  

265

 

Water Bill, continued


 
 

Public Bill Committee: 12 December 2013                  

266

 

Water Bill, continued


 
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