Session 2013 - 14
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Notices of Amendments: 28 November 2013                  

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Water Bill, continued

 
 

(b)    

provision for determining whether an exemption applies, and

 

(c)    

provision for determining what share of insurance business of a

 

prescribed description the insurer is to be treated as having.

 

(9)    

Before making regulations under this section, the Secretary of State must consult

 

such persons as the Secretary of State considers appropriate.

 

(10)    

In this section “prescribed” means specified in or determined in accordance with

 

regulations under this section.’.

 

Flood insurance obligations: target number

 

Dan Rogerson

 

NC8

 

To move the following Clause:—

 

‘(1)    

The Secretary of State may, from time to time, by regulations prescribe a number

 

to be a target number for the purposes of regulations under section (Flood

 

insurance obligations).

 

(2)    

A target number is the number of registered premises to be covered against a

 

prescribed description of risk by insurance policies issued in a prescribed period

 

by those relevant insurers upon whom obligations are imposed by regulations

 

under section (Flood insurance obligations).

 

(3)    

The regulations may prescribe different target numbers for different descriptions

 

of risk.

 

(4)    

The regulations may in particular provide for a target number to be expressed as

 

a percentage of the number of registered premises.

 

(5)    

The regulations may, at any one time, prescribe target numbers for two or more

 

consecutive prescribed periods.

 

(6)    

In this section “prescribed” means specified in or determined in accordance with

 

regulations under this section.’.

 

Flood insurance obligations: information

 

Dan Rogerson

 

NC9

 

To move the following Clause:—

 

‘(1)    

The Secretary of State may by regulations make provision about—

 

(a)    

the provision of information, and

 

(b)    

the production of documents,

 

    

by insurers for the purposes of regulations under section (Flood insurance

 

obligations).

 

(2)    

The regulations may in particular require an insurer to provide information of a

 

prescribed description or produce documents of a prescribed description for the

 

purpose of showing, in relation to a prescribed period—

 

(a)    

whether or not an insurer is a relevant insurer;

 

(b)    

whether or not an exemption applies (see section (Flood insurance

 

obligations)(5)(b)).

 

(3)    

The regulations may in particular require an insurer to provide information or

 

produce documents about—

 

(a)    

the insurance policies issued by it in a prescribed period that provide

 

cover against prescribed descriptions of risk;


 
 

Notices of Amendments: 28 November 2013                  

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(b)    

the value of the insurance policies so issued;

 

(c)    

insurance policies so issued that do not remain in force to the end of the

 

period of cover;

 

(d)    

the value of such insurance policies.

 

(4)    

The regulations may provide for information to be provided or documents to be

 

produced to the Secretary of State or a person acting on behalf of the Secretary of

 

State.

 

(5)    

The regulations may make provision—

 

(a)    

about the time within which information must be provided or documents

 

produced;

 

(b)    

about the form in which information is to be provided;

 

(c)    

about the place where documents are to be produced;

 

(d)    

requiring information to be verified in a prescribed manner;

 

(e)    

requiring documents to be authenticated in a prescribed manner.

 

(6)    

The regulations may make provision about—

 

(a)    

the persons to whom, and the purposes for which, information supplied

 

by an insurer may be disclosed;

 

(b)    

the publication of information by the Secretary of State about the amount

 

of insurance business of a prescribed description done by insurers, taken

 

together.

 

(7)    

In this section “prescribed” means specified in or determined in accordance with

 

regulations under this section.’.

 

Flood insurance obligations: further provision

 

Dan Rogerson

 

NC10

 

To move the following Clause:—

 

‘(1)    

The Secretary of State may by regulations make provision for and in connection

 

with enforcing compliance with obligations imposed by regulations under section

 

(Flood insurance obligations: information).

 

(2)    

The regulations may in particular include—

 

(a)    

provision about the sanctions, including civil penalties, that may be

 

imposed by the Secretary of State or a person acting on behalf of the

 

Secretary of State for non-compliance with the obligations;

 

(b)    

provision about the procedure to be followed when imposing a sanction;

 

(c)    

provision about the recovery of costs incurred in connection with

 

imposing a sanction up to the time of its imposition;

 

(d)    

provision enabling an appeal to the First-tier Tribunal against the

 

imposition of a sanction or a requirement to pay costs.

 

(3)    

Provision under subsection (2)(a) may in particular include—

 

(a)    

provision for civil penalties of a fixed amount;

 

(b)    

provision for further amounts to be payable by way of civil penalty where

 

an insurer continues to fail to comply with the obligation in question;

 

(c)    

provision about how a civil penalty or an amount of costs may be

 

recovered.

 

(4)    

Provision under subsection (2)(d) may include provision as to the grounds on

 

which an appeal may be made.’.


 
 

Notices of Amendments: 28 November 2013                  

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Water Bill, continued

 
 

Register of premises subject to greater flood risk

 

Dan Rogerson

 

NC11

 

To move the following Clause:—

 

‘(1)    

The Secretary of State may by regulations provide for the creation and

 

maintenance of a register of household premises in the United Kingdom that are

 

subject to greater flood risk for the purposes of regulations under section (Flood

 

insurance obligations).

 

(2)    

The regulations may provide for the levels of flood risk to which premises are

 

subject to be divided into two or more bands (“risk bands”), and may prescribe

 

the upper and lower limits of each band.

 

(3)    

The regulations may provide for the register to specify the level of flood risk to

 

which particular household premises are subject by specifying the risk band

 

applicable to the premises.

 

(4)    

The regulations may provide for premises of a description specified in the

 

regulations to be excluded from the register, and the premises excluded may

 

include in particular premises where construction is completed on or after a date

 

specified in the regulations.

 

(5)    

The regulations may—

 

(a)    

specify the information to be contained in the register;

 

(b)    

make provision about access to the information contained in the register;

 

(c)    

provide for the publication of the register in whole or in part;

 

(d)    

provide for the disclosure of information contained in the register;

 

(e)    

provide for notification if premises are entered in, or omitted from, the

 

register.

 

(6)    

Regulations made under subsection (5)(d) may provide for—

 

(a)    

the persons to whom information or any description of information

 

contained in the register may be disclosed,

 

(b)    

the imposition of conditions on persons to whom information contained

 

in the register is disclosed, including conditions limiting further

 

disclosure;

 

(c)    

penalties for non-compliance with conditions imposed under paragraph

 

(b).

 

(7)    

The regulations may require applications for premises to be entered in the register

 

to be made by or on behalf of a person who has the qualifying interest in the

 

premises.

 

(8)    

The regulations may provide for premises to be omitted from the register at the

 

request of a person who has the qualifying interest in the premises.

 

(9)    

Before making regulations under this section the Secretary of State must

 

consult—

 

(a)    

the Welsh Ministers;

 

(b)    

the Scottish Ministers;

 

(c)    

the Department of Agriculture and Rural Development in Northern

 

Ireland.’.


 
 

Notices of Amendments: 28 November 2013                  

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The register: further provision

 

Dan Rogerson

 

NC12

 

To move the following Clause:—

 

‘(1)    

Regulations under section (Register of premises subject to greater flood risk) may

 

provide for a relevant body to carry out functions in connection with—

 

(a)    

the creation and maintenance of the register;

 

(b)    

giving access to information contained in the register;

 

(c)    

publication of the register;

 

(d)    

disclosure of information contained in the register;

 

(e)    

notification when premises are entered in, or omitted from, the register.

 

(2)    

The following are relevant bodies for the purposes of this Part—

 

(a)    

the Environment Agency;

 

(b)    

the Scottish Environment Protection Agency, in relation to Scotland;

 

(c)    

the Natural Resources Body for Wales, in relation to Wales;

 

(d)    

the Department of Agriculture and Rural Development in Northern

 

Ireland, in relation to Northern Ireland.

 

(3)    

The regulations may provide for the Environment Agency—

 

(a)    

to coordinate the carrying out of functions conferred or imposed under

 

subsection (1);

 

(b)    

to promote consistency in the carrying out of those functions.

 

(4)    

The regulations may—

 

(a)    

require the relevant bodies to cooperate with each other as regards the

 

functions conferred or imposed on any of them under subsection (1);

 

(b)    

require the relevant bodies (other than the Environment Agency) to

 

cooperate with the Environment Agency as regards the carrying out of

 

functions conferred or imposed on the Environment Agency under

 

subsection (3).

 

(5)    

Regulations under section (Register of premises subject to greater flood risk) may

 

provide for the Commissioners for Her Majesty’s Revenue and Customs, or a

 

person authorised by them, to disclose information held for council tax purposes

 

by the Valuation Office to—

 

(a)    

the Environment Agency, or

 

(b)    

the Natural Resources Body for Wales,

 

    

for use in identifying premises to be excluded from the register by reference to

 

the date of completion of construction (see section (Register of premises subject

 

to greater flood risk)(4)).

 

(6)    

The regulations may include provision restricting the use or further disclosure of

 

information disclosed under subsection (5).’.

 

The register: reviews and appeals

 

Dan Rogerson

 

NC13

 

To move the following Clause:—

 

‘(1)    

Regulations under section (Register of premises subject to greater flood risk) may

 

make provision for a person with the qualifying interest in particular premises—


 
 

Notices of Amendments: 28 November 2013                  

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Water Bill, continued

 
 

(a)    

to request a review of a decision by a relevant body that the premises are

 

not eligible to be entered in the register;

 

(b)    

to appeal against a decision by a relevant body that the premises are not

 

eligible to be entered in the register to—

 

(i)    

the sheriff, in relation to Scotland,

 

(ii)    

the Water Appeals Commission for Northern Ireland, in relation

 

to Northern Ireland, or

 

(iii)    

the First-tier Tribunal, in any other case.

 

(2)    

For “relevant body”, see section (The register: further provision)(2).’.

 

The register: expenses of relevant bodies

 

Dan Rogerson

 

NC14

 

To move the following Clause:—

 

‘(1)    

The Secretary of State may, with the consent of the Treasury, by regulations

 

provide for a levy to be payable to the Secretary of State by relevant insurers.

 

(2)    

The regulations may—

 

(a)    

specify the rate of the levy or the method by which it is to be calculated;

 

(b)    

make provision as to the times when, and the manner in which, payments

 

are to be made in respect of the levy.

 

(3)    

The regulations may in particular make provision for determining the amount of

 

the levy by reference to the qualifying expenses of the relevant bodies and the

 

Secretary of State.

 

(4)    

The regulations may make provision for amounts payable by way of levy under

 

the regulations to be recoverable summarily (or in Scotland recoverable) as a civil

 

debt.

 

(5)    

Before making regulations under this section the Secretary of State must

 

consult—

 

(a)    

the Welsh Ministers;

 

(b)    

the Scottish Ministers;

 

(c)    

the Department of Agriculture and Rural Development in Northern

 

Ireland.

 

(6)    

In this section “qualifying expenses” means—

 

(a)    

in relation to a relevant body, such proportion of the expenses of the

 

relevant body as the Secretary of State considers reasonable having

 

regard to the functions exercisable by that body under regulations under

 

section (Register of premises subject to greater flood risk);

 

(b)    

in relation to the Secretary of State, the expenses of the Secretary of State

 

attributable to the exercise of functions conferred by or under this

 

section.

 

(7)    

For “relevant body”, see section (The register: further provision)(2).’.


 
 

Notices of Amendments: 28 November 2013                  

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Water Bill, continued

 
 

Compliance reports

 

Dan Rogerson

 

NC15

 

To move the following Clause:—

 

‘(1)    

The Secretary of State may by regulations make provision about reporting

 

compliance with obligations imposed by regulations under section (Flood

 

insurance obligations).

 

(2)    

The regulations may require a relevant insurer to make a report—

 

(a)    

stating the extent to which it has complied with obligations imposed on

 

it by regulations under section (Flood insurance obligations) in relation

 

to a prescribed period;

 

(b)    

providing prescribed details about the basis on which it considers that it

 

has complied with those obligations to that extent.

 

(3)    

The regulations may provide for reports to be given to the FCA.

 

(4)    

In this section “prescribed” means specified in or determined in accordance with

 

regulations under this section.’.

 

Functions of the FCA

 

Dan Rogerson

 

NC16

 

To move the following Clause:—

 

‘(1)    

The Treasury may by regulations provide for the FCA to take action for

 

monitoring and enforcing compliance with—

 

(a)    

such of the obligations imposed on relevant insurers by regulations under

 

section (Flood insurance obligations) or (Compliance reports) as may be

 

specified in the regulations;

 

(b)    

such description of those obligations as may be specified in the

 

regulations.

 

(2)    

The regulations may provide for the FCA to take action for enforcing compliance

 

with—

 

(a)    

such of the obligations imposed on insurers by regulations under section

 

(Flood insurance obligations: information) as may be specified in the

 

regulations;

 

(b)    

such description of those obligations as may be specified in the

 

regulations.

 

(3)    

Regulations under subsection (2) may only provide for the FCA to take action as

 

regards cases where—

 

(a)    

the failure to comply, if proved, would consist in or involve providing

 

information that is not true or producing a document that is not correct, or

 

(b)    

measures available under section (Flood insurance obligations: further

 

provision) have been taken without securing compliance.

 

(4)    

The regulations may apply, or make provision corresponding to, any of the

 

provisions of the Financial Services and Markets Act 2000 or the Financial

 

Services Act 2012, with or without modification.

 

(5)    

The provisions of the Financial Services and Markets Act 2000 and the Financial

 

Services Act 2012 referred to in subsection (4) include in particular—

 

(a)    

provisions about gathering information and investigating, including

 

provisions as to powers of entry and search;


 
 

Notices of Amendments: 28 November 2013                  

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(b)    

provisions as to criminal offences and disciplinary measures;

 

(c)    

provisions for the grant of an injunction in relation to a contravention or

 

anticipated contravention;

 

(d)    

provisions giving the Treasury or the FCA powers to make subordinate

 

legislation;

 

(e)    

provisions for the FCA to charge fees;

 

(f)    

provisions restricting liability in damages in relation to the discharge of

 

functions of the FCA.

 

(6)    

The regulations may make provision enabling the FCA, to such extent as the

 

regulations may prescribe, to make arrangements for the performance of

 

functions on its behalf.’.

 

Reports by the FCA

 

Dan Rogerson

 

NC17

 

To move the following Clause:—

 

‘(1)    

The Treasury may by regulations provide for the FCA to prepare reports on its

 

discharge of the functions conferred on it under section (Functions of the FCA).

 

(2)    

The regulations may—

 

(a)    

make provision about the contents of the reports;

 

(b)    

make provision about the timing of the reports;

 

(c)    

provide for copies of the report to be given to the Secretary of State and

 

such other persons as the regulations may specify;

 

(d)    

provide for publication of the reports.’.

 

Intervention by the FCA or the PRA

 

Dan Rogerson

 

NC18

 

To move the following Clause:—

 

‘(1)    

The Treasury may by regulations confer on a regulator the power to disapply or

 

modify, in relation to a relevant insurer, an obligation imposed by regulations

 

under—

 

(a)    

section (Flood insurance obligations) (flood insurance obligations),

 

(b)    

section (Flood insurance obligations: information) (flood insurance

 

obligations: information), or

 

(c)    

section (Compliance reports) (compliance reports).

 

(2)    

In this section “the intervention power” means the power conferred by regulations

 

under subsection (1).

 

(3)    

The regulations may specify which obligations, or which descriptions of

 

obligations, a regulator may disapply or modify under the intervention power.

 

(4)    

The regulations may specify what modifications, or what descriptions of

 

modifications, may be made by a regulator under the intervention power.

 

(5)    

The regulations may specify the circumstances in which, and the conditions

 

subject to which, a regulator may exercise the intervention power.

 

(6)    

Provision under subsection (5) may in particular provide for a regulator to

 

exercise the intervention power in relation to a relevant insurer—


 
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