Session 2013 - 14
Internet Publications
Other Bills before Parliament


 
 

3

 

House of Commons

 
 

Notices of Amendments

 

given on

 

Thursday 28 November 2013

 

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

 

Water Bill Committee 1

 

Public Bill Committee


 

Water Bill

 

Resolution of the Programming Sub-Committee

 

The Programming Sub-Committee appointed by the Speaker in respect of the Bill

 

agreed the following Resolution at its meeting on Thursday 28 October (Standing Order

 

No. 83C):

 

That—

 

(1)  

the Committee shall (in addition to its first meeting at 8.55 am on Tuesday 3

 

December) meet—

 

(a)  

at 2.00 pm on Tuesday 3 December;

 

(b)  

at 1.00 pm on Thursday 5 December;

 

(c)  

at 8.55 am and 1.30 pm on Tuesday 10 December;

 

(d)  

at 11.30 am and 2.00 pm on Thursday 12 December;

 

(e)  

at 8.55 am and 2.00 pm on Tuesday 17 December;

 

(2)  

the Committee shall hear oral evidence in accordance with the following

 

Table:

 

      TABLE

 

Date

Time

Witness

 
 

Tuesday 3

Until no later

Water Services Regulation

 
 

December

than 10.15 am

Authority (Ofwat)

 
   

Water Industry Commission for

 
   

Scotland

 
   

Water UK

 
   

Business Stream

 
 

Tuesday 3

Until no later

Consumer Council for Water

 
 

December

than 11.25 am

Dr Peter Kenway, Director, New

 
   

Policy Institute and co-author of

 
   

The Water Industry: a case to

 
   

answer

 
   

Which?

 
 

Tuesday 3

Until no later

Association of British Insurers

 
 

December

than 3.15 pm

National Flood Forum

 
   

British Insurance Brokers’

 
   

Association

 
   

Council of Mortgage Lenders

 
 

Tuesday 3

Until no later

Environment Agency

 
 

December

than 3.35 pm

  
 

Tuesday 3

Until no later

Blueprint for Water Coalition

 
 

December

than 4.05 pm

Chartered Institution of Water and

 
   

Environmental Management

 
 

Tuesday 3

Until no later

Department for Environment,

 
 

December

than 4.50 pm

Food and Rural Affairs

 

 
 

Notices of Amendments: 28 November 2013                  

4

 

Water Bill, continued

 
 

(3)  

proceedings on consideration of the Bill in Committee shall be taken in the

 

following order: Clause 1; Schedules 1 and 2; Clauses 2 to 4; Schedules 3 and

 

4; Clause 5; Schedule 5; Clauses 6 to 35; Schedule 6; Clauses 36 to 40;

 

Schedule 7; Clauses 41 to 44; Schedule 8; Clauses 45 to 50; Schedule 9;

 

Clause 51; Schedule 10; Clauses 52 to 57; new Clauses; new Schedules;

 

remaining proceedings on the Bill; and

 

(4)  

the proceedings shall (so far as not previously concluded) be brought to a

 

conclusion at 5.00 pm on Tuesday 17 December.

 

Dan Rogerson has given notice of his intention to move a motion in the terms of the

 

Resolution of the Programming Sub-Committee [Standing Order No. 83C].

 


 

Dan Rogerson

 

1

 

Page  89,  line  3,  leave out Clause 47.

 

Dan Rogerson

 

2

 

Clause  56,  page  91,  line  22,  at end insert—

 

‘(za)    

section (Disclosure of information: preparatory purposes);’.

 

The Flood Reinsurance Scheme

 

Dan Rogerson

 

NC1

 

To move the following Clause:—

 

‘(1)    

For the purposes of this Part, the Flood Reinsurance Scheme is a scheme which—


 
 

Notices of Amendments: 28 November 2013                  

5

 

Water Bill, continued

 
 

(a)    

is established for the purpose mentioned in subsection (2), and

 

(b)    

is designated for the purposes of this Part by regulations made by the

 

Secretary of State.

 

(2)    

The purpose referred to in subsection (1)(a) is the purpose of providing

 

reinsurance to relevant insurers in respect of such risks relating to flooding as are

 

(3)    

fied by the scheme, in such a way as to—

 

(a)    

promote the availability and affordability of flood insurance for

 

household premises while minimising the costs of doing so, and

 

(b)    

manage, over the period of operation of the scheme, the transition to risk-

 

reflective pricing of flood insurance for household premises.

 

(4)    

Subsection (5) applies where the terms of the FR Scheme governing the

 

availability of reinsurance under the FR Scheme for an insurance policy include

 

a requirement as mentioned in subsection (4).

 

(5)    

The requirement is that the part of the premium for the policy which is

 

attributable to risks relating to flooding does not exceed a specified amount (“the

 

eligibility threshold”).

 

(6)    

The Secretary of State may by regulations make provision as to the level of the

 

eligibility threshold, and may make different provision for different purposes.

 

(7)    

Regulations under subsection (5) may, in particular, make different provision for

 

different insurance policies by reference to the value of the household premises

 

to which a policy relates.

 

(8)    

In this Part, the Flood Reinsurance Scheme is called “the FR Scheme”.’.

 

Scheme administrator

 

Dan Rogerson

 

NC2

 

To move the following Clause:—

 

‘(1)    

The FR Scheme is to be administered by a body designated by regulations made

 

by the Secretary of State.

 

(2)    

The Secretary of State may under subsection (1) designate a company registered

 

under the Companies Act 2006 or a body of another kind.

 

(3)    

In this Part, the body designated under subsection (1) is called “the FR Scheme

 

administrator”.’.

 

Scheme funding

 

Dan Rogerson

 

NC3

 

To move the following Clause:—

 

‘(1)    

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

 

requiring relevant insurers to pay to the FR Scheme administrator—

 

(a)    

a levy, the amount and timing of which is to be determined in accordance

 

with the regulations;

 

(b)    

such further amounts, by way of levy or contribution, as may be

 

requested by the FR Scheme administrator from time to time in

 

accordance with the FR Scheme.

 

(2)    

Regulations under subsection (1) may make provision as to—

 

(a)    

the circumstances in which a request under subsection (1)(b) may be

 

made;


 
 

Notices of Amendments: 28 November 2013                  

6

 

Water Bill, continued

 
 

(b)    

the amounts that may be requested under subsection (1)(b).

 

(3)    

The Secretary of State may by regulations make provision for amounts payable

 

under subsection (1) to be recoverable summarily (or in Scotland recoverable) as

 

a civil debt.

 

(4)    

The Secretary of State may by regulations make provision as to the application of

 

any amounts paid under subsection (1).

 

(5)    

The Secretary of State may by regulations provide that, where such conditions as

 

are specified in the regulations as regards the reserves of the FR Scheme are

 

satisfied, the FR Scheme administrator must pay to the Secretary of State an

 

amount of the reserves to be determined in accordance with the regulations.

 

(6)    

Regulations under subsection (5) may—

 

(a)    

define “reserves”;

 

(b)    

make provision about determining the amount of the reserves of the FR

 

Scheme.

 

(7)    

Before making regulations under subsection (5), the Secretary of State must

 

consult the Prudential Regulation Authority.’.

 

Scheme administration

 

Dan Rogerson

 

NC4

 

To move the following Clause:—

 

‘(1)    

The Secretary of State may by regulations make provision in connection with the

 

administration of the FR Scheme.

 

(2)    

Regulations under subsection (1) may require the FR Scheme administrator to

 

have regard to the following in discharging its functions—

 

(a)    

the need to ensure economy, efficiency and effectiveness in the discharge

 

of those functions,

 

(b)    

the need to act in the public interest,

 

(c)    

the need to ensure propriety and regularity in the operation of the FR

 

Scheme, and

 

(d)    

the need to manage, over the period of operation of the FR Scheme, the

 

transition to risk-reflective pricing of flood insurance for household

 

premises.

 

(3)    

Regulations under subsection (1) may require the FR Scheme administrator to

 

produce and publish, in accordance with the regulations, a plan for achieving the

 

transition mentioned in subsection (2)(d).

 

(4)    

Regulations under subsection (1) may—

 

(a)    

limit, to any extent, the power of the FR Scheme administrator to borrow

 

money or otherwise incur debt;

 

(b)    

make provision about the reserves of the FR Scheme, including

 

limitations on draw downs and transfers;

 

(c)    

require the FR Scheme administrator to take steps to limit the overall net

 

losses that may be incurred by the FR Scheme in any year to an amount

 

specified in or determined in accordance with the regulations;

 

(d)    

provide for the form and contents of the FR Scheme’s accounts;

 

(e)    

provide for a copy of the audited FR Scheme’s accounts and a copy of the

 

auditor’s report on those accounts to be laid before Parliament;

 

(f)    

provide for the Comptroller and Auditor General to examine—


 
 

Notices of Amendments: 28 November 2013                  

7

 

Water Bill, continued

 
 

(i)    

the economy, efficiency and effectiveness with which the FR

 

Scheme administrator has used resources in discharging its

 

functions, or

 

(ii)    

the propriety and regularity in the operation of the FR Scheme,

 

    

and for a report on any such examination to be laid before Parliament;

 

(g)    

provide that for the purposes of an examination under paragraph (f)—

 

(i)    

the Comptroller and Auditor General is to have a right of access

 

at all reasonable times to any of the documents relating to the FR

 

Scheme, and

 

(ii)    

a person who holds or has control of any of those documents is

 

to give the Comptroller and Auditor General any assistance,

 

information or explanation which the Comptroller and Auditor

 

General requires in relation to any of those documents.

 

(5)    

Regulations under subsection (1) may—

 

(a)    

require the FR Scheme administrator to designate an individual of a

 

description specified in the regulations as the responsible officer of the

 

FR Scheme;

 

(b)    

provide for the responsible officer to have such responsibilities in respect

 

of—

 

(i)    

the FR Scheme’s finances,

 

(ii)    

the FR Scheme’s accounts,

 

(iii)    

accountability to Parliament for the economy, efficiency and

 

effectiveness with which the FR Scheme uses resources in

 

discharging its functions;

 

(iv)    

accountability to Parliament for propriety and regularity in the

 

operation of the FR Scheme, and

 

(v)    

examinations and reports under subsection (4)(f),

 

    

as are specified in the regulations.

 

(6)    

Regulations under subsection (1) may make provision about the disclosure of

 

information required for the purposes of the FR Scheme and may, in particular—

 

(a)    

as regards information which is held for council tax purposes by the

 

Valuation Office of Her Majesty’s Revenue and Customs, make

 

provision—

 

(i)    

for the supply of such information to the FR Scheme

 

administrator, to relevant insurers and to such other persons as

 

may be specified in the regulations;

 

(ii)    

for any such supply to be subject to such conditions as may be

 

specified in the regulations;

 

(iii)    

making it an offence for a person to fail to comply with any such

 

condition, subject to any defence specified in the regulations;

 

(b)    

require relevant insurers to supply to the FR Scheme administrator such

 

information as it may request in relation to insurance policies issued by

 

them.

 

(7)    

Regulations under subsection (1) may provide for the supply by the FR Scheme

 

administrator of information held by it in connection with the FR Scheme to—

 

(a)    

the Environment Agency,

 

(b)    

the Scottish Environment Protection Agency,

 

(c)    

the Natural Resources Body for Wales,

 

(d)    

the Department of Agriculture and Rural Development in Northern

 

Ireland, or

 

(e)    

such other body as may be specified in the regulations.


 
 

Notices of Amendments: 28 November 2013                  

8

 

Water Bill, continued

 
 

(8)    

Regulations under subsection (1) may provide for the supply by the FR Scheme

 

administrator of information held by it in connection with the FR Scheme to the

 

Secretary of State for purposes relating to government accounting.

 

(9)    

Subsections (2) to (8) are not exhaustive of what may be done under subsection

 

(1).

 

(10)    

In this section, “the FR Scheme’s accounts” means the accounts for a financial

 

year of the FR Scheme prepared by the FR Scheme administrator in respect of the

 

FR Scheme.’.

 

Replacement of the scheme or administrator

 

Dan Rogerson

 

NC5

 

To move the following Clause:—

 

‘(1)    

Where regulations under section (The Flood Reinsurance Scheme) replace the FR

 

Scheme by revoking a designation and making a new designation, the regulations

 

may make such provision as the Secretary of State thinks fit in connection with

 

the replacement of the old FR scheme with the new FR scheme.

 

(2)    

Where regulations under section (Scheme administrator) replace the FR Scheme

 

administrator by revoking a designation and making a new designation, the

 

regulations may make provision for the transfer of property, rights and liabilities

 

relating to the FR Scheme from the old administrator to the new administrator.’.

 

Disclosure of information: preparatory purposes

 

Dan Rogerson

 

NC6

 

To move the following Clause:—

 

‘(1)    

The Secretary of State may by regulations make provision about the disclosure of

 

HMRC council tax information in connection with such scheme as may be

 

established and designated in accordance with section (The Flood Reinsurance

 

Scheme).

 

(2)    

In this section “HMRC council tax information” means information which is held

 

for council tax purposes by the Valuation Office of Her Majesty’s Revenue and

 

Customs.

 

(3)    

Regulations under subsection (1) may, in particular, make provision—

 

(a)    

for the supply of HMRC council tax information to such persons, or

 

descriptions of persons, as may be specified in the regulations;

 

(b)    

for any such supply to be subject to such conditions as may be specified

 

in the regulations,

 

(c)    

making it an offence for a person to fail to comply with any such

 

condition, subject to any defence specified in the regulations;

 

(d)    

about the destruction, in such circumstances as may be specified in the

 

regulations, of records of any HMRC council tax information obtained

 

by virtue of the regulations.’.


 
 

Notices of Amendments: 28 November 2013                  

9

 

Water Bill, continued

 
 

Flood insurance obligations

 

Dan Rogerson

 

NC7

 

To move the following Clause:—

 

‘(1)    

The Secretary of State may by regulations require a relevant insurer to issue in a

 

prescribed period insurance policies that provide cover against a prescribed

 

description of risk for a prescribed number of registered premises.

 

(2)    

The regulations may prescribe different numbers of registered premises for

 

different descriptions of risk.

 

(3)    

The descriptions of risks that may be prescribed are those relating to the effects

 

of flooding.

 

(4)    

The regulations may provide for a prescribed number relating to a relevant insurer

 

to be determined by reference to factors that include in particular—

 

(a)    

a target number (see section (Flood insurance obligations: target

 

number));

 

(b)    

the relevant insurer’s share of insurance business of a prescribed

 

description.

 

(5)    

The regulations may—

 

(a)    

make provision about determining the size of a relevant insurer’s share

 

of insurance business of a prescribed description;

 

(b)    

provide for a relevant insurer to be exempt from the obligation described

 

in subsection (1) in prescribed circumstances, whether wholly or so far as

 

regards a particular description of risk, including circumstances relating

 

to the amount of insurance business done by the relevant insurer;

 

(c)    

make provision about the circumstances in which a relevant insurer

 

ceases to be subject to the obligation described in subsection (1), whether

 

wholly or so far as regards a particular description of risk;

 

(d)    

make provision about the cases in which issuing an insurance policy is

 

not to count towards discharging an obligation imposed on a relevant

 

insurer by the regulations, including cases in which an insurance policy

 

is not to count because of the content of its terms;

 

(e)    

make provision for allowing an insurance policy issued by another

 

insurer to count towards the discharge of an obligation to issue a number

 

of insurance policies imposed on a relevant insurer by the regulations;

 

(f)    

make provision about determining the number of registered premises for

 

which a relevant insurer has issued insurance policies, including

 

provision for varying, by reference to the risk band applicable to the

 

particular registered premises, the extent to which insuring those

 

premises counts in determining that number.

 

(6)    

Provision under subsection (5)(a) may require an insurer, in determining the

 

insurer’s share of insurance business of a prescribed description, to use

 

information about that insurance business held by—

 

(a)    

the Secretary of State,

 

(b)    

a person acting on behalf of the Secretary of State, or

 

(c)    

the FCA.

 

(7)    

Subsection (5)(e) is not to be taken as requiring a change in the person who is the

 

insurer in relation to an insurance policy.

 

(8)    

Regulations under this section may include provision in respect of cases where an

 

insurer has not provided such information as is required by regulations under

 

section (Flood insurance obligations: information) including—

 

(a)    

provision for determining whether the insurer is a relevant insurer,


 
contents continue
 

© Parliamentary copyright
Revised 29 November 2013