House of Commons Public Bill Committee Proceedings

Session 2013 - 14
Internet Publications
Other Bills before Parliament

5

House of Commons

Thursday 5 December 2013

Public Bill Committee Proceedings

Water Bill

[THIRD SITTING]

Thomas Docherty

Withdrawn  130

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

‘(1A)
The Authority may vary a licence to enforce the provisions of section [Exit from

the non-household retail market].’.

Thomas Docherty

Withdrawn  132

Clause  1,  page  1,  line  14,  after ‘authorisation’, insert ‘subject to the provisions set

out in section [Abstraction reform].’.

Dan Rogerson

Agreed to  52

Clause  1,  page  2,  line  18,  at end insert—

‘(c)
the Environment Agency;’.

Dan Rogerson

Agreed to  53

Clause  1,  page  2,  line  18,  at end insert—

‘(d)
the NRBW.’.

Dan Rogerson

Agreed to  54

Clause  1,  page  2,  line  22,  at end insert—

‘(ba)
the Environment Agency;’.

Dan Rogerson

Agreed to  55

Clause  1,  page  2,  line  24,  at end insert—

‘(e)
the NRBW.’.

Clause, as amended, Agreed to.

Public Bill Committee Proceedings: 5 December 2013
6

Water Bill, continued

Schedule 1 Agreed to.

Dan Rogerson

Agreed to  108

Schedule  2,  page  105,  line  9,  leave out ‘review’ and insert ‘revise’.

Dan Rogerson

Agreed to  109

Schedule  2,  page  105,  line  16,  leave out ‘code proposed to be issued’ and insert

‘proposed code under section 66DA’.

Dan Rogerson

Agreed to  110

Schedule  2,  page  105,  line  22,  at end insert—

‘(ba)
the appropriate agency;’.

Dan Rogerson

Agreed to  111

Schedule  2,  page  105,  line  35,  at end insert—

‘(ba)
the appropriate agency;’.

Dan Rogerson

Agreed to  112

Schedule  2,  page  106,  line  31,  at end insert—

‘(10A)
In this section “the appropriate agency” means—

(a)
the Environment Agency, in relation to section 66D agreements made

with water undertakers whose areas are wholly in England;

(b)
the NRBW, in relation to section 66D agreements made with water

undertakers whose areas are wholly in Wales;

(c)
both the Environment Agency and the NRBW, in relation to section

66D agreements made with water undertakers whose areas are partly

in England and partly in Wales.’.

Dan Rogerson

Agreed to  113

Schedule  2,  page  107,  line  20,  at end insert—

‘( )
publication of the charges that may be imposed.’.

Thomas Docherty

Negatived on division  142

Schedule  2,  page  107,  line  28,  at end insert—

‘(3A)
The rules must include provision for and in connection with ensuring that there

are no variations between charges, or the amount of charges, imposed by a water

undertaker under different section 66D agreements in consequence of the location

at which the duty or duties to be performed by that undertaker under such

agreements fall to be performed.’.

Public Bill Committee Proceedings: 5 December 2013
7

Water Bill, continued

Dan Rogerson

Agreed to  114

Schedule  2,  page  108,  line  1,  leave out ‘review’ and insert ‘revise’.

Dan Rogerson

Agreed to  115

Schedule  2,  page  108,  line  2,  at end insert—

‘( )
The Authority must issue revised rules if—

(a)
guidance is issued under section 66EC, and

(b)
the Authority, having regard to that guidance, considers that it is

appropriate to revise the rules.’.

Dan Rogerson

Agreed to  45

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

Dan Rogerson

Agreed to  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.’.

Public Bill Committee Proceedings: 5 December 2013
8

Water Bill, continued

Dan Rogerson

Agreed to  116

Schedule  2,  page  109,  leave out lines 30 to 39 and insert—

‘(1)
The Minister may issue guidance as to the content of rules under section 66E.’.

Dan Rogerson

Agreed to  117

Schedule  2,  page  110,  line  1,  leave out ‘review’ and insert ‘revise’.

Schedule, as amended, Agreed to.

Clauses 2 to 4 Agreed to.

Schedule 3 Agreed to.

Dan Rogerson

Agreed to  118

Schedule  4,  page  117,  line  41,  leave out ‘review’ and insert ‘revise’.

Dan Rogerson

Agreed to  119

Schedule  4,  page  119,  line  22,  at end insert—

‘( )
publication of the charges that may be imposed.’.

Dan Rogerson

Agreed to  120

Schedule  4,  page  120,  line  2,  leave out ‘review’ and insert ‘revise’.

Dan Rogerson

Agreed to  121

Schedule  4,  page  120,  line  3,  at end insert—

‘( )
The Authority must issue revised rules if—

(a)
guidance is issued under section 117L, and

(b)
the Authority, having regard to that guidance, considers that it is

appropriate to revise the rules.’.

Dan Rogerson

Agreed to  122

Schedule  4,  page  120,  line  40,  leave out ‘under section 117I’.

Dan Rogerson

Agreed to  47

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

Dan Rogerson

Agreed to  48

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

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

Public Bill Committee Proceedings: 5 December 2013
9

Water Bill, continued

             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

Agreed to  123

Schedule  4,  page  121,  line  27,  leave out ‘must’ and insert ‘may’.

Dan Rogerson

Agreed to  124

Schedule  4,  page  123,  line  19,  leave out ‘supply’ and insert ‘sewerage provision’.

Schedule, as amended, Agreed to.

Clause 5 Agreed to.

Dan Rogerson

Agreed to  125

Schedule  5,  page  131,  line  13,  at end insert—

‘
In section 55 (supplies for non-domestic purposes), in subsection (1A)(b), the

words from “or, in the case” to “that subsection” are repealed.’.

Public Bill Committee Proceedings: 5 December 2013
10

Water Bill, continued

Dan Rogerson

Agreed to  49

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

Dan Rogerson

Agreed to  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.

      (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

Agreed to  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);”.’.

Schedule, as amended, Agreed to.

Dan Rogerson

Agreed to  3

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

Dan Rogerson

Agreed to  4

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

Dan Rogerson

Agreed to  5

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

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

Clause, as amended, Agreed to.

Public Bill Committee Proceedings: 5 December 2013
11

Water Bill, continued

Dan Rogerson

Agreed to  6

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

Dan Rogerson

Agreed to  7

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

Dan Rogerson

Agreed to  8

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

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

Clause, as amended, Agreed to.

Dan Rogerson

Agreed to  56

Clause  8,  page  9,  line  23,  at end insert—

‘(3A)
Before making an order under subsection (3), the Authority must consult the

appropriate agency.’.

Dan Rogerson

Agreed to  57

Clause  8,  page  10,  line  12,  at end insert—

‘( )
In this section and section 40A “the appropriate agency”, in relation to a

determination whether to make an order under subsection (3) or section 40A(1)

which would result in, or which would vary or terminate, a bulk supply

agreement, means—

(a)
the Environment Agency, in a case where all parties to the bulk supply

agreement are or would be—

(i)
a water undertaker whose area is wholly in England, or

(ii)
a person who would, if the person’s application for an

appointment or variation is determined in accordance with the

application, be such a water undertaker;

(b)
the NRBW, in a case where all parties to the bulk supply agreement are

or would be—

(i)
a water undertaker whose area is wholly in Wales, or

(ii)
a person who would, if the person’s application for an

appointment or variation is determined in accordance with the

application, be such a water undertaker;

(c)
both the Environment Agency and the NRBW, in any other case.’.

Dan Rogerson

Agreed to  58

Clause  8,  page  10,  line  22,  at end insert—

‘(1A)
Before making an order under subsection (1), the Authority must consult the

appropriate agency.’.



© Parliamentary copyright	Revised 6 December 2013