House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

21

House of Commons

Notices of Amendments

given up to and including

Friday 29 November 2013

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Public Bill Committee

Water Bill

Note

The Amendments have been arranged in accordance with the Resolution of the

Programming Sub-Committee [28 November 2013].

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:

Notices of Amendments: 29 November 2013
22

Water Bill, continued

      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

(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

That, subject to the discretion of the Chair, any written evidence received by the

Committee shall be reported to the House for publication.

Notices of Amendments: 29 November 2013
23

Water Bill, continued

Dan Rogerson

That, at this and any subsequent meeting at which oral evidence is to be heard, the

Committee shall sit in private until the witnesses are admitted.

Dan Rogerson

45


Schedule  2,  page  109,  line  11,  leave out from ‘rules’ to end of line 12.

Dan Rogerson

46


Schedule  2,  page  109,  line  28,  at end insert—

‘( )
This section is subject to section 66EBA.

             66EBA Rules under section 66E: minor or urgent revisions

(1)
This section applies if the Authority proposes to issue revised rules under section

66E and, in the view of the Authority, the revision or each of the revisions

proposed to be made is—

(a)
a revision for which consultation is unnecessary, or

(b)
a revision that it is necessary or desirable to make without delay.

(2)
Section 66EB does not apply to the proposed revised rules.

(3)
Before issuing the revised rules, the Authority must give notice to the Minister of

its intention to issue revised rules.

(4)
Before the revised rules are issued, the Minister may direct the Authority not to

issue the revised rules.

(5)
A direction under subsection (4) must be given within the period of 14 days

beginning with the day after the day on which notice is given under subsection

(3), and the Authority may not issue the revised rules in question before—

(a)
that period of 14 days expires, or

(b)
the Minister notifies the Authority that no direction under subsection (4)

will be given in relation to the revised rules,


whichever is the sooner.

(6)
Once the Authority has issued the revised rules, it must give notice as soon as

reasonably practicable of—

(a)
the issuing of the revised rules, and

(b)
as regards each revision contained in them, whether in the view of the

Authority the revision falls within paragraph (a) or (b) of subsection (1).

(7)
Notice under subsection (6) is to be given to such persons as the Authority

considers appropriate.

(8)
Unless the Authority gives notice that a revision in revised rules is in the view of

the Authority a revision falling within subsection (1)(a), the revision ceases to

have effect at the end of the period of six months beginning with the day after that

on which the revised rules are issued.

(9)
In this section “the Minister” has the meaning given by section 66EB.’.

Notices of Amendments: 29 November 2013
24

Water Bill, continued

Dan Rogerson

47


Schedule  4,  page  121,  line  13,  leave out from ‘rules’ to end of line 14.

Dan Rogerson

48


Schedule  4,  page  121,  line  25,  at end insert—

‘( )
This section is subject to section 117KA.

             117KA Rules under section 117I: minor or urgent revisions

(1)
This section applies if the Authority proposes to issue revised rules under section

117I and, in the view of the Authority, the revision or each of the revisions

proposed to be made is—

(a)
a revision for which consultation is unnecessary, or

(b)
a revision that it is necessary or desirable to make without delay.

(2)
Section 117K does not apply to the proposed revised rules.

(3)
Before issuing the revised rules, the Authority must give notice to the Secretary

of State of its intention to issue revised rules.

(4)
Before the revised rules are issued, the Secretary of State may direct the Authority

not to issue the revised rules.

(5)
A direction under subsection (4) must be given within the period of 14 days

beginning with the day after the day on which notice is given under subsection

(3), and the Authority may not issue the revised rules in question before—

(a)
that period of 14 days expires, or

(b)
the Secretary of State notifies the Authority that no direction under

subsection (4) will be given in relation to the revised rules,


whichever is the sooner.

(6)
Once the Authority has issued the revised rules, it must give notice as soon as

reasonably practicable of—

(a)
the issuing of the revised rules, and

(b)
as regards each revision contained in them, whether in the view of the

Authority the revision falls within paragraph (a) or (b) of subsection (1).

(7)
Notice under subsection (6) is to be given to such persons as the Authority

considers appropriate.

(8)
Unless the Authority gives notice that a revision in revised rules is in the view of

the Authority a revision falling within subsection (1)(a), the revision ceases to

have effect at the end of the period of six months beginning with the day after that

on which the revised rules are issued.’.

Dan Rogerson

49


Schedule  5,  page  133,  line  40,  leave out from ‘rules’ to end of line 41.

Dan Rogerson

50


Schedule  5,  page  134,  line  8,  at end insert—

‘36A (1)
Section 117KA (rules under section 117I: minor or urgent revisions) (inserted

by Schedule 4) is amended as follows.

Notices of Amendments: 29 November 2013
25

Water Bill, continued

      (2)
In subsections (3), (4) and (5)(b), for “the Secretary of State” there is

substituted “the Minister”.

      (3)
After subsection (8) there is inserted—

“(9)
In this section “the Minister” has the meaning given by section

117K.”’.

Dan Rogerson

51


Schedule  5,  page  135,  line  15,  at end insert—

‘42A
In section 207E (exercise of adjudication functions by other persons) (inserted

by section 37), in subsection (5), in paragraph (b) of the definition of “the

Minister”—

(a)
the “or” following sub-paragraph (i) is repealed;

(b)
after sub-paragraph (ii) there is inserted “, or

“(iii)
in relation to a sewerage licensee using the

sewerage system of such an undertaker (see

section 17BA);”.’.

Dan Rogerson

3


Clause  6,  page  6,  leave out lines 7 and 8.

Dan Rogerson

4


Clause  6,  page  6,  line  43,  at beginning insert ‘In this section—’.

Dan Rogerson

5


Clause  6,  page  6,  line  46,  at end insert—

‘“the Commission” means the Water Industry Commission for Scotland.’.

Dan Rogerson

6


Clause  7,  page  7,  leave out lines 33 and 34.

Dan Rogerson

7


Clause  7,  page  8,  line  24,  at beginning insert ‘In this paragraph—’.

Dan Rogerson

8


Clause  7,  page  8,  line  28,  at end insert—

Notices of Amendments: 29 November 2013
26

Water Bill, continued

‘“the Authority” means the Water Services Regulation Authority.’.

Dan Rogerson

9


Clause  8,  page  15,  line  27,  leave out from ‘rules’ to end of line 28.

Dan Rogerson

10


Clause  8,  page  16,  line  6,  at end insert—

‘( )
This section is subject to section 40GA.

             40GA Rules under section 40E: minor or urgent revisions

(1)
This section applies if the Authority proposes to issue revised rules under section

40E and, in the view of the Authority, the revision or each of the revisions

proposed to be made is—

(a)
a revision for which consultation is unnecessary, or

(b)
a revision that it is necessary or desirable to make without delay.

(2)
Section 40G does not apply to the proposed revised rules.

(3)
Before issuing the revised rules, the Authority must give notice to the Minister of

its intention to issue revised rules.

(4)
Before the revised rules are issued, the Minister may direct the Authority not to

issue the revised rules.

(5)
A direction under subsection (4) must be given within the period of 14 days

beginning with the day after the day on which notice is given under subsection

(3), and the Authority may not issue the revised rules in question before—

(a)
that period of 14 days expires, or

(b)
the Minister notifies the Authority that no direction under subsection (4)

will be given in relation to the revised rules,


whichever is the sooner.

(6)
Once the Authority has issued the revised rules, it must give notice as soon as

reasonably practicable of—

(a)
the issuing of the revised rules, and

(b)
as regards each revision contained in them, whether in the view of the

Authority the revision falls within paragraph (a) or (b) of subsection (1).

(7)
Notice under subsection (6) is to be given to such persons as the Authority

considers appropriate.

(8)
Unless the Authority gives notice that a revision in revised rules is in the view of

the Authority a revision falling within subsection (1)(a), the revision ceases to

have effect at the end of the period of six months beginning with the day after that

on which the revised rules are issued.

(9)
In this section “the Minister” has the meaning given by section 40G.’.

Dan Rogerson

11


Clause  9,  page  24,  line  10,  leave out from ‘rules’ to end of line 11.

Notices of Amendments: 29 November 2013
27

Water Bill, continued

Dan Rogerson

12


Clause  9,  page  24,  line  41,  at end insert—

‘( )
This section is subject to section 110HA.

             110HA Rules under section 110F: minor or urgent revisions

(1)
This section applies if the Authority proposes to issue revised rules under section

110F and, in the view of the Authority, the revision or each of the revisions

proposed to be made is—

(a)
a revision for which consultation is unnecessary, or

(b)
a revision that it is necessary or desirable to make without delay.

(2)
Section 110H does not apply to the proposed revised rules.

(3)
Before issuing the revised rules, the Authority must give notice to the Minister of

its intention to issue revised rules.

(4)
Before the revised rules are issued, the Minister may direct the Authority not to

issue the revised rules.

(5)
A direction under subsection (4) must be given within the period of 14 days

beginning with the day after the day on which notice is given under subsection

(3), and the Authority may not issue the revised rules in question before—

(a)
that period of 14 days expires, or

(b)
the Minister notifies the Authority that no direction under subsection (4)

will be given in relation to the revised rules,


whichever is the sooner.

(6)
Once the Authority has issued the revised rules, it must give notice as soon as

reasonably practicable of—

(a)
the issuing of the revised rules, and

(b)
as regards each revision contained in them, whether in the view of the

Authority the revision falls within paragraph (a) or (b) of subsection (1).

(7)
Notice under subsection (6) is to be given to such persons as the Authority

considers appropriate.

(8)
Unless the Authority gives notice that a revision in revised rules is in the view of

the Authority a revision falling within subsection (1)(a), the revision ceases to

have effect at the end of the period of six months beginning with the day after that

on which the revised rules are issued.

(9)
In this section “the Minister” has the meaning given by section 110H.’.

Dan Rogerson

13


Clause  10,  page  31,  line  37,  at end insert—

‘(2A)
The rules may require a water undertaker, upon declaring a water main or service

pipe to be vested in the undertaker in accordance with a section 51A agreement,

to pay to the other party to the agreement an amount (which may be nil)

determined in accordance with the rules.

(2B)
Rules made by virtue of subsection (2A) may, in particular, provide for the

determination to take into account—

(a)
revenue that might be derived from the water main or service pipe in

question;

(b)
costs that might have been incurred in providing such a water main or

service pipe.



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