House of Commons Public Bill Committee Proceedings

Session 2013 - 14
Internet Publications
Other Bills before Parliament

39

House of Commons

Thursday 12 December 2013

Public Bill Committee Proceedings

Water Bill

[Sixth and Seventh SITTINGs]

Dan Rogerson

Not selected  1

Page  89,  line  3,  leave out Clause 47.

Clause Negatived.

Clause 48 Agreed to.

Hywel Williams

Withdrawn  197

Clause  49,  page  90,  line  3,  leave out ‘is wholly or mainly in’ and insert ‘includes

part or all of’.

Clause Agreed to.

Clause 50 Agreed to.

Hywel Williams

Withdrawn  204

Schedule  9,  page  172,  line  17,  leave out ‘is wholly or mainly in’ and insert

‘includes part or all of’.

Hywel Williams

Withdrawn  205

Schedule  9,  page  172,  line  25,  leave out ‘is wholly or mainly in’ and insert

‘includes part or all of’.

Hywel Williams

Withdrawn  206

Schedule  9,  page  172,  line  35,  leave out ‘is wholly or mainly in’ and insert

Public Bill Committee Proceedings: 12 December 2013
40

Water Bill, continued

‘includes part or all of’.

Hywel Williams

Withdrawn  207

Schedule  9,  page  173,  line  5,  leave out ‘is wholly or mainly in’ and insert ‘includes

part or all of’.

Hywel Williams

Withdrawn  208

Schedule  9,  page  173,  line  13,  leave out ‘is wholly or mainly in’ and insert

‘includes part or all of’.

Hywel Williams

Withdrawn  209

Schedule  9,  page  173,  line  22,  leave out ‘is wholly or mainly in’ and insert

‘includes part or all of’.

Hywel Williams

Withdrawn  210

Schedule  9,  page  173,  line  31,  leave out ‘is wholly or mainly in’ and insert

‘includes part or all of’.

Hywel Williams

Withdrawn  190

Schedule  9,  page  177,  line  6,  leave out ‘is wholly or mainly in’ and insert ‘includes

part or all of’.

Schedule Agreed to.

Clause 51 Agreed to.

Schedule 10 Agreed to.

Clause 52 Agreed to.

Dan Rogerson

Agreed to  147

Clause  53,  page  91,  line  5,  at end insert—

‘(2)
Subsection (1) does not apply if or to the extent that subsection (3) or (4) applies.

(3)
If a provision of this Act is brought into force to any extent by the Welsh

Ministers acting alone under section 56(3), the Welsh Ministers may by order

made by statutory instrument make such transitional, transitory or saving

provision as the Welsh Ministers consider appropriate in connection with the

coming into force of so much of that provision as is so brought into force.

(4)
If a provision of this Act is brought into force to any extent by the Secretary of

State and the Welsh Ministers acting jointly under section 56(3), the Secretary of

State and the Welsh Ministers may, acting jointly, by order made by statutory

instrument make such transitional, transitory or saving provision as they,

together, consider appropriate in connection with the coming into force of so

much of that provision as is so brought into force.’.

Public Bill Committee Proceedings: 12 December 2013
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Water Bill, continued

Clause, as amended, Agreed to.

Clauses 54 and 55 Agreed to.

Dan Rogerson

Agreed to  2

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

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

Dan Rogerson

Agreed to  148

Clause  56,  page  91,  line  28,  at end insert—

‘(aa)
section 13;’.

Dan Rogerson

Agreed to  149

Clause  56,  page  91,  line  28,  at end insert—

‘(ab)
section 15;’.

Dan Rogerson

Agreed to  150

Clause  56,  page  91,  line  28,  at end insert—

‘(ac)
section 21;’.

Dan Rogerson

Agreed to  151

Clause  56,  page  91,  line  29,  at end insert ‘, so far as relating to water undertakers

whose areas are wholly or mainly in England;’.

Dan Rogerson

Agreed to  152

Clause  56,  page  91,  line  29,  at end insert—

‘(ba)
section 25(3);’.

Dan Rogerson

Agreed to  153

Clause  56,  page  91,  line  29,  at end insert—

‘(bb)
sections 26 to 28;’.

Dan Rogerson

Agreed to  154

Clause  56,  page  91,  line  30,  at end insert—

‘(ca)
section 32(1) and (2);’.

Dan Rogerson

Agreed to  155

Clause  56,  page  91,  line  30,  at end insert—

‘(cb)
sections 33 and 34;’.

Public Bill Committee Proceedings: 12 December 2013
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Water Bill, continued

Dan Rogerson

Agreed to  156

Clause  56,  page  91,  line  31,  at end insert—

‘(da)
section 43;’.

Dan Rogerson

Agreed to  157

Clause  56,  page  91,  line  31,  at end insert—

‘(db)
sections 44 and 45 and Schedule 8;’.

Dan Rogerson

Agreed to  158

Clause  56,  page  91,  line  31,  at end insert—

‘(dc)
section 46;’.

Dan Rogerson

Agreed to  159

Clause  56,  page  91,  line  31,  at end insert—

‘(dd)
sections 48 to 50;’.

Dan Rogerson

Agreed to  160

Clause  56,  page  91,  line  31,  at end insert—

‘(de)
section 51 and Schedule 10;’.

Dan Rogerson

Agreed to  161

Clause  56,  page  91,  line  36,  leave out subsections (3) to (7) and insert—

‘(3)
The remaining provisions of this Act come into force on such day as the

appropriate authority may by order appoint.

(4)
Different days may be appointed for different purposes.

(5)
Except as stated in the table in Schedule (Commencement orders: appropriate

authority), the appropriate authority for the purposes of subsection (3) is the

Secretary of State.’.

Clause, as amended, Agreed to.

Clause 57 Agreed to.

New Clauses

The Flood Reinsurance Scheme

Dan Rogerson

Added  NC1

To move the following Clause:—

‘(1)
For the purposes of this Part, the Flood Reinsurance Scheme is a scheme which—

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

Public Bill Committee Proceedings: 12 December 2013
43

Water Bill, continued

(b)
is designated for the purposes of this Part by regulations made by the

Secretary of State.
5
(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

identified 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
10
(b)
manage, over the period of operation of the scheme, the transition to risk-

reflective pricing of flood insurance for household premises.

(3)
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).
15
(4)
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”).

(5)
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.
20
(6)
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.

(7)
In this Part, the Flood Reinsurance Scheme is called “the FR Scheme”.’.

As an Amendment to Dan Rogerson’s proposed New Clause (The Flood Reinsurance

Scheme) (NC1):—

Thomas Docherty

Negatived on division  (a)

Line  23,  at end add—

‘(8)
Prior to making any regulations under subsection (5) the Secretary of State shall

require the Committee on Climate Change to provide current and projected

estimates of the number of properties that would be eligible for—

(a)
inclusion in the Flood Reinsurance Scheme;

(b)
the value of levy required under section [Scheme funding]; and

(c)
the likelihood of additional levy or contributions being needed from time

to time.’.

Scheme administrator

Dan Rogerson

Added  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.

Public Bill Committee Proceedings: 12 December 2013
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(3)
In this Part, the body designated under subsection (1) is called “the FR Scheme

administrator”.’.

Scheme funding

Dan Rogerson

Added  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;

(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.’.

Public Bill Committee Proceedings: 12 December 2013
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Water Bill, continued

Scheme administration

Dan Rogerson

Added  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—

(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—



© Parliamentary copyright	Revised 13 December 2013