Session 2013 - 14
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Public Bill Committee Proceedings: 12 December 2013        

60

 

Water Bill, continued

 
 

(b)    

provision about legal proceedings relating to anything done in

 

connection with the FR Scheme;

 

(c)    

provision about the accounts of the FR Scheme;

 

(d)    

provision about information held by the FR Scheme administrator.

 

(5)    

The Treasury may by order amend subsection (1) so as to bring forward the day

 

on which sections (Functions of the FCA) to (Intervention by the FCA or the

 

PRA) are repealed.

 

(6)    

The Treasury may by order make provision in consequence of the repeal of

 

sections (Functions of the FCA) to (Intervention by the FCA or the PRA),

 

including provision amending or repealing an enactment.’.

 


 

Regulations and orders

 

Dan Rogerson

 

Added  NC21

 

To move the following Clause:—

 

‘(1)    

A power to make regulations or an order under this Part is exercisable by statutory

 

instrument.

 

(2)    

A power to make regulations or an order under this Part includes power to make

 

different provision for different purposes and different areas.

 

(3)    

A power to make regulations or an order under this Part includes power to make

 

incidental, supplementary, consequential, transitional or transitory provision or

 

savings.

 

(4)    

Subject to subsection (5), a statutory instrument containing regulations or an

 

order made under this Part is subject to annulment in pursuance of a resolution of

 

either House of Parliament.

 

(5)    

A statutory instrument containing—

 

(a)    

regulations under section (Scheme funding)(1) (FR Scheme funding),

 

(b)    

regulations under section (The register: expenses of relevant bodies)

 

(expenses of relevant bodies in connection with the register),

 

(c)    

regulations under section (Functions of the FCA) (functions of FCA),

 

(d)    

regulations under section (Intervention by the FCA or the PRA)

 

(intervention by FCA or PRA), or

 

(e)    

an order under section (Period of operation) (period of operation),

 

    

may not be made unless a draft of the instrument has been laid before, and

 

approved by a resolution of, each House of Parliament.’.

 



 
 

Public Bill Committee Proceedings: 12 December 2013        

61

 

Water Bill, continued

 
 

Disputes about the provision of public sewers: premises in Wales

 

Dan Rogerson

 

Added  NC22

 

To move the following Clause:—

 

‘(1)    

Section 101A of the Water Industry Act 1991 (further duty to provide sewers) is

 

amended as follows.

 

(2)    

In subsection (7)—

 

(a)    

for “Any dispute” there is substituted “Subsections (7A) and (7B) apply

 

where there is a dispute”;

 

(b)    

the words following paragraph (c) are repealed.

 

(3)    

After subsection (7) there is inserted—

 

“(7A)    

The dispute is to be determined by the appropriate person and may be

 

referred to the appropriate person for determination by either of the

 

parties to the dispute.

 

(7B)    

If the dispute is between a sewerage undertaker and an owner or occupier

 

of premises in Wales, the NRBW must provide advice in relation to any

 

of the matters mentioned in subsection (7)(a) to (c) if so requested by—

 

(a)    

either of the parties to the dispute, or

 

(b)    

the appropriate person.

 

(7C)    

Any advice provided by the NRBW under subsection (7B) must be

 

provided to both parties to the dispute and to the appropriate person.”

 

(4)    

In subsections (8)(a) and (9), for “subsection (7)” there is substituted “subsection

 

(7A)”.

 

(5)    

In subsections (8), (9), (10) and (11), for “appropriate agency”, in each place

 

those words occur, there is substituted “appropriate person”.

 

(6)    

In subsection (11), in paragraph (b)—

 

(a)    

for “the NRBW” there is substituted “the Welsh Ministers”;

 

(b)    

at the end there is inserted “, or such person as the Welsh Ministers may

 

from time to time appoint as the appropriate person in relation to such

 

disputes.”

 

(7)    

After subsection (11) there is inserted—

 

“(12)    

A person may be appointed as the appropriate person under subsection

 

(11)(b) only if the person is independent of the NRBW.

 

(13)    

A person is independent of the NRBW for the purposes of subsection

 

(12) if the person is—

 

(a)    

an individual who is not a member of the NRBW or the NRBW’s

 

staff, or


 
 

Public Bill Committee Proceedings: 12 December 2013        

62

 

Water Bill, continued

 
 

(b)    

a body none of whose members is a member of the NRBW or the

 

NRBW’s staff.’.

 

[Adjourned until Tuesday 17 December at 8.55 am


 
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Revised 13 December 2013