House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Notices of Amendments: 29 November 2013
28

Water Bill, continued

(2C)
The rules may also make provision as to—

(a)
the amount of security that may be required by a water undertaker for the

purposes of any charges imposed by the water undertaker under a section

51A agreement;

(b)
the type of security that may be required;

(c)
the payment of interest on a sum deposited with a water undertaker by

way of security.’.

Dan Rogerson

14


Clause  10,  page  32,  line  1,  leave out ‘A code’ and insert ‘The rules’.

Dan Rogerson

15


Clause  10,  page  32,  line  18,  at end insert—

‘( )
The Authority must specify the period (“the consultation period”) within which

the relevant persons may make representations about the proposed rules.’.

Dan Rogerson

16


Clause  10,  page  32,  line  20,  at end insert—

‘(4)
Before rules under section 51CD prepared by the Authority are issued, the

Minister may direct the Authority not to issue the rules.

(5)
In subsection (4) “the Minister” means—

(a)
the Secretary of State, so far as the rules relate to section 51A agreements

for the vesting of water mains or service pipes in water undertakers

whose areas are wholly or mainly in England;

(b)
the Welsh Ministers, so far as the rules relate to section 51A agreements

for the vesting of water mains or service pipes in water undertakers

whose areas are wholly or mainly in Wales.

(6)
A direction under subsection (4) must be given within the period of 28 days

beginning with the day after the end of the consultation period, and rules may not

be issued before that period of 28 days has expired.’.

Dan Rogerson

17


Clause  10,  page  32,  line  20,  at end insert—

‘( )
This section is subject to section 51CEA.

             51CEA Rules under section 51CD: minor or urgent revisions

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

51CD 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 51CE 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.

Notices of Amendments: 29 November 2013
29

Water Bill, continued

(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 51CE.’.

Dan Rogerson

18


Clause  10,  page  32,  leave out lines 37 to 41 and insert—

‘(7)
In this section “the Minister” means—

(a)
the Secretary of State, so far as the guidance is as to the content of rules

relating to section 51A agreements for the vesting of water mains or

service pipes in water undertakers whose areas are wholly or mainly in

England;

(b)
the Welsh Ministers, so far as the guidance is as to the content of rules

relating to section 51A agreements for the vesting of water mains or

service pipes in water undertakers whose areas are wholly or mainly in

Wales.’.

Dan Rogerson

19


Clause  11,  page  37,  leave out lines 17 to 21 and insert—

‘(5)
In this section “the Minister” means—

(a)
the Secretary of State, so far as the code relates to section 104 agreements

for the vesting of sewers, drains or sewage disposal works in sewerage

undertakers whose areas are wholly or mainly in England;

(b)
the Welsh Ministers, so far as the code relates to section 104 agreements

for the vesting of sewers, drains or sewage disposal works in sewerage

undertakers whose areas are wholly or mainly in Wales.’.

Dan Rogerson

20


Clause  11,  page  38,  line  21,  at end insert—

‘(2A)
The rules may require a sewerage undertaker, upon declaring a sewer, drain or

sewage disposal works to be vested in the undertaker in accordance with a section

Notices of Amendments: 29 November 2013
30

Water Bill, continued

104 agreement, to pay to 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 sewer, drain or sewage disposal

works in question;

(b)
costs that might have been incurred in providing such a sewer, drain or

sewage disposal works.

(2C)
The rules may also make provision as to—

(a)
the amount of security that may be required by a sewerage undertaker for

the purposes of any charges imposed by the sewerage undertaker under a

section 104 agreement;

(b)
the type of security that may be required;

(c)
the payment of interest on a sum deposited with a sewerage undertaker

by way of security.’.

Dan Rogerson

21


Clause  11,  page  38,  line  29,  leave out ‘A code’ and insert ‘The rules’.

Dan Rogerson

22


Clause  11,  page  39,  line  1,  at end insert—

‘( )
The Authority must specify the period (“the consultation period”) within which

the relevant persons may make representations about the proposed rules.’.

Dan Rogerson

23


Clause  11,  page  39,  line  3,  at end insert—

‘(4)
Before rules under section 105ZF prepared by the Authority are issued, the

Minister may direct the Authority not to issue the rules.

(5)
In subsection (4) “the Minister” means—

(a)
the Secretary of State, so far as the rules relate to section 104 agreements

for the vesting of sewers, drains or sewage disposal works in sewerage

undertakers whose areas are wholly or mainly in England;

(b)
the Welsh Ministers, so far as the rules relate to section 104 agreements

for the vesting of sewers, drains or sewage disposal works in sewerage

undertakers whose areas are wholly or mainly in Wales.

(6)
A direction under subsection (4) must be given within the period of 28 days

beginning with the day after the end of the consultation period, and rules may not

be issued before that period of 28 days has expired.’.

Dan Rogerson

24


Clause  11,  page  39,  line  3,  at end insert—

‘( )
This section is subject to section 105ZGA.

             105ZGA Rules under section 105ZF: minor or urgent revisions

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

105ZF 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

Notices of Amendments: 29 November 2013
31

Water Bill, continued

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

(2)
Section 105ZG 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 105ZG.’.

Dan Rogerson

25


Clause  11,  page  39,  leave out lines 20 to 24 and insert—

‘(7)
In this section “the Minister” means—

(a)
the Secretary of State, so far as the guidance is as to the content of rules

relating to section 104 agreements for the vesting of sewers, drains or

sewage disposal works in sewerage undertakers whose areas are wholly

or mainly in England;

(b)
the Welsh Ministers, so far as the guidance is as to the content of rules

relating to section 104 agreements for the vesting of sewers, drains or

sewage disposal works in sewerage undertakers whose areas are wholly

or mainly in Wales.’.

Dan Rogerson

26


Clause  12,  page  40,  line  15,  at end insert—

‘(d)
make provision excepting water supply agreements of such description

as the regulations may specify from the effect of—

(i)
any provision of the regulations, or

(ii)
any provision of the codes or rules made under the regulations.’.

Notices of Amendments: 29 November 2013
32

Water Bill, continued

Dan Rogerson

27


Clause  12,  page  40,  line  26,  at end insert—

‘(4)
Nothing in provision made under this Chapter affects a water supply agreement

made before any regulations under this section first come into force.’.

Dan Rogerson

28


Clause  12,  page  41,  line  33,  leave out ‘subsection’ and insert ‘subsections (2A)

and’.

Dan Rogerson

29


Clause  12,  page  41,  line  45,  leave out ‘to require rules to be revised or’.

Dan Rogerson

30


Clause  12,  page  41,  line  46,  leave out ‘or revised’.

Dan Rogerson

31


Clause  12,  page  41,  line  46,  at end insert—

‘(2A)
Regulations conferring a power on the Minister as described in subsection (1)(f)

must provide that—

(a)
if the power is exercised to impose a requirement in respect of

agreements for such supplies of water as are referred to in paragraph (a)

or (b) of the definition of “the Minister” in section 66M(3), it may not be

exercised again in respect of such supplies of water as are referred to in

that paragraph, and

(b)
if the power to impose a requirement in respect of agreements for such

supplies of water as are referred to in paragraph (a) or (b) of the definition

of “the Minister” in section 66M(3) is not exercised on the first occasion

on which it may be so exercised, it may not be exercised in respect of

such agreements as are referred to in that paragraph on a later occasion.’.

Dan Rogerson

32


Clause  16,  page  48,  line  34,  leave out from ‘rules’ to end of line 35.

Dan Rogerson

33


Clause  16,  page  49,  line  2,  at end insert—

‘( )
This section is subject to section 143CA.

             143CA Rules under section 143B: minor or urgent revisions

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

143B 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.

Notices of Amendments: 29 November 2013
33

Water Bill, continued

(2)
Section 143C 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 143C.’.

Dan Rogerson

34


Clause  17,  page  51,  line  20,  leave out from ‘rules’ to end of line 21.

Dan Rogerson

35


Clause  17,  page  51,  line  32,  at end insert—

‘( )
This section is subject to section 144ZBA.

             144ZBA Rules under section 144ZA: minor or urgent revisions

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

144ZA 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 144ZB 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

Notices of Amendments: 29 November 2013
34

Water Bill, continued

(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 144ZB.’.

Dan Rogerson

36


Clause  19,  page  54,  line  39,  leave out from ‘after’ to end of line 40 and insert

‘“expenses incurred by it in” there is inserted “, or charges imposed by it for,”.’.

Dan Rogerson

37


Clause  28,  page  61,  line  5,  leave out ‘change’ and insert ‘amend’.

Dan Rogerson

38


Clause  35,  page  70,  leave out lines 13 to 16 and insert—

‘(1)
Except where otherwise provided, the functions of the CMA with respect to

appeals under section 207A are to be carried out on behalf of the CMA by a group

constituted for the purpose by the chair of the CMA under Schedule 4 to the

Enterprise and Regulatory Reform Act 2013.’.

Dan Rogerson

39


Clause  35,  page  71,  leave out lines 23 to 28.



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