House of Commons Amendments

Session 2013 - 14
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Other Bills before Parliament

Notices of Amendments: 2 January 2014
1461

Water Bill, continued

charges payable in respect of the performance of a water undertaker’s duties

under new section 66B or 66C.

      (5)
Provision under sub-paragraph (1) may in particular make provision about the

interpretation of references to a water undertaker’s supply system, including in

particular provision for such references to be treated as references to the supply

system of a water undertaker as it is described in old section 17B.

      (6)
Provision under sub-paragraph (1) may provide for modifications to have

effect for different relevant periods.

      (7)
Provision under sub-paragraph (1) may make provision—

(a)
in relation to new wholesale authorisations that authorise the

introduction of water into the supply system of a water undertaker

whose area is wholly or mainly in England,

(b)
in relation to new wholesale authorisations that authorise the

introduction of water into the supply system of a water undertaker

whose area is wholly or mainly in Wales, or

(c)
in relation to new wholesale authorisations that authorise the

introduction of water into the supply system of any water undertaker.

      (8)
Before making provision falling within sub-paragraph (7)(b) or (c), the

Secretary of State must consult the Welsh Ministers.

Modifications relating to new supplementary authorisations

4    (1)
Where a section 77 order makes provision as regards new supplementary

authorisations, that provision may include provision for provisions of the

Water Industry Act 1991 to have effect for a relevant period with such

modifications as appear to the Secretary of State to be appropriate.

      (2)
Provision under sub-paragraph (1) may include provision for applying old

provisions of the Water Industry Act 1991 with such modifications as appear

to the Secretary of State to be appropriate.

      (3)
Provision under sub-paragraph (2) may in particular provide for the

application of provision in old section 66D(2) to (8) for the purpose of

determining—

(a)
the period for which, and

(b)
the terms and conditions on which,


a water undertaker’s duties under new section 66B or 66C are to be performed.

      (4)
Provision under sub-paragraph (2) may in particular provide for the

application of provision in old section 66E for the purpose of determining

charges payable in respect of the performance of a water undertaker’s duties

under new section 66B or 66C.

      (5)
Provision under sub-paragraph (1) may provide for modifications to have

effect for different relevant periods.

      (6)
Before making provision under this paragraph, the Secretary of State must

consult the Welsh Ministers.

Old section 66D agreements and new water supply licences

5    (1)
A section 77 order may include provision for securing that an old section 66D

agreement continues to have effect in a case where the person who entered into

the agreement as the holder of an old water supply licence is granted a new

water supply licence.

      (2)
Provision under sub-paragraph (1) may provide for the modification of the

agreement and may in particular include—

(a)
provision for treating a reference in the agreement to the old water

supply licence as reference to the new water supply licence;

Notices of Amendments: 2 January 2014
1462

Water Bill, continued

(b)
provision for treating a reference in the agreement to an authorisation

given under the old licence as a reference to an authorisation or

authorisations given under the new licence;

(c)
provision for the Water Services Regulation Authority to vary the

agreement by order, on application by a party to the agreement.

      (3)
Before making provision under this paragraph in relation to old section 66D

agreements to which a water undertaker whose area is wholly or mainly in

Wales is party, the Secretary of State must consult the Welsh Ministers.

New section 66E and old section 66D agreements

6    (1)
A section 77 order may provide for new section 66E (rules about charges that

may be imposed under a section 66D agreement) to have effect for a relevant

period as regards—

(a)
charges payable under old section 66D agreements, or

(b)
specified descriptions of charges payable under old section 66D

agreements.

      (2)
Provision under sub-paragraph (1) may include provision for making such

modifications of—

(a)
new sections 66E to 66ED, and

(b)
old sections 66A to 66D and 66F,


as appear to the Secretary of State to be appropriate.

      (3)
Provision under sub-paragraph (1) may provide for the modification of old

section 66D agreements and may in particular include provision for the Water

Services Regulation Authority to vary the agreement by order, on application

by a party to the agreement.

      (4)
Before making provision under this paragraph in relation to the supply of water

using the supply system of a water undertaker whose area is wholly or mainly

in Wales, the Secretary of State must consult the Welsh Ministers.

Interpretation

7    (1)
In this Schedule—

“new restricted retail authorisation” means a restricted retail authorisation

given by a new water supply licence;

“new retail authorisation” means a retail authorisation given by a new water

supply licence;

“new supplementary authorisation” means a supplementary authorisation

given by a new water supply licence;

“new water supply licence” means a water supply licence granted under

new section 17A;

“new wholesale authorisation” means a wholesale authorisation given by a

new water supply licence;

“old section 66D agreement” means such agreement or determination as is

mentioned in old section 66D(3);

“old water supply licence” means a water supply licence granted under old

section 17A.

      (2)
In this Schedule “relevant period” means—

(a)
a period specified in or determined in accordance with a section 77

order, or

(b)
a period that—

(i)
begins at a time specified in or determined in accordance with

a section 77 order, and

Notices of Amendments: 2 January 2014
1463

Water Bill, continued

(ii)
ends at such time as the Secretary of State may specify by

order.

      (3)
Before making provision under sub-paragraph (2)(a) or (b)(i) or making an

order under sub-paragraph (2)(b)(ii) that affects provision to which paragraph

3(8), 4(6) or 6(4) applies, the Secretary of State must consult the Welsh

Ministers.

      (4)
In this Schedule a reference to an old provision is a reference to a provision of

the Water Industry Act 1991 as it has effect before the coming into force of an

amendment or repeal of that provision made by this Act.

      (5)
In this Schedule a reference to a new provision is a reference to—

(a)
a provision of the Water Industry Act 1991 after an amendment of that

provision made by this Act has come into force, or

(b)
a provision of the Water Industry Act 1991 inserted by this Act.’.

Secretary Owen Paterson

23

Schedule  4,  page  158,  line  13,  leave out ‘taking away matter discharged from the’

and insert ‘providing sewerage services to’.

Secretary Owen Paterson

24

Schedule  5,  page  164,  line  44,  at end insert—

‘24A (1)
Section 38ZA (standards of performance in connection with the supply of

water: water supply licensees) (inserted by section 29) is amended as follows.

      (2)
In subsection (1), the words “or restricted retail authorisations” are repealed.

      (3)
In subsection (6), for the definition of “the Minister” there is substituted—

“the Minister” means—

(c)
the Secretary of State, in respect of the supply of water by a water

supply licensee in accordance with the licensee’s retail

authorisation using the supply system of a water undertaker

whose area is wholly or mainly in England;

(d)
the Welsh Ministers, in respect of the supply of water by a water

supply licensee in accordance with the licensee’s retail

authorisation using the supply system of a water undertaker

whose area is wholly or mainly in Wales;”.’.

Secretary Owen Paterson

25

Schedule  5,  page  165,  line  4,  at end insert—

‘26A
In section 63AC(4) (as substituted by section 31), the words “or a restricted

retail authorisation” are repealed.’.

Notices of Amendments: 2 January 2014
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Water Bill, continued

Secretary Owen Paterson

26

Schedule  5,  page  166,  line  27,  at end insert—

‘35A (1)
Section 95ZA (standards of performance in connection with provision of

sewerage services: sewerage licensees) (inserted by section 30) is amended as

follows.

      (2)
In the following places—

(a)
the opening words of subsection (1),

(b)
subsection (1)(b)(i), and

(c)
subsection (2),


for “the Secretary of State” there is substituted “the Minister”.

      (3)
In subsection (2), for “Secretary of State’s” there is substituted “Minister’s”.

      (4)
After subsection (5) there is inserted—

“(6)
In this section—

“the Minister” means—

(a)
the Secretary of State, in respect of the provision of services by

a sewerage licensee in accordance with the licensee’s retail

authorisation using the sewerage system of a sewerage

undertaker whose area is wholly or mainly in England;

(b)
the Welsh Ministers, in respect of the provision of services by a

sewerage licensee in accordance with the licensee’s retail

authorisation using the sewerage system of a sewerage

undertaker whose area is wholly or mainly in Wales;

“prescribed” means prescribed by regulations made by the Minister.”’.

Secretary Owen Paterson

27

Schedule  5,  page  166,  line  27,  at end insert—

‘35B
In section 96ZA (procedure for regulations under section 95ZA) (inserted by

section 30), for subsection (2) there is substituted—

“(2)
In the application of section 96 by virtue of subsection (1)—

(a)
a reference to a sewerage undertaker is to be treated as a

reference to a sewerage licensee, and

(b)
a reference to the Secretary of State is to be treated as a

reference to the Minister (as defined in section 95ZA(6)).

(3)
Regulations under section 95ZA are to be made by statutory

instrument.

(4)
A statutory instrument containing regulations under section 95ZA is

subject to annulment in pursuance of a resolution of—

(a)
either House of Parliament, in the case of regulations made by

the Secretary of State;

(b)
the National Assembly for Wales, in the case of regulations

made by the Welsh Ministers.

(5)
Section 213(2) to (2B) applies to regulations made by the Welsh

Ministers under section 95ZA as it applies to regulations made by the

Secretary of State.”’.

Notices of Amendments: 2 January 2014
1465

Water Bill, continued

Secretary Owen Paterson

28

Schedule  5,  page  169,  line  13,  at end insert—

‘44A
In section 195(3AA), after “water supply licensee” there is inserted “or a

sewerage licensee”.’.

Secretary Owen Paterson

60


Schedule  7,  page  172,  line  14,  at end insert—

‘Water Act 1989 (c. 15)

    (1)
Section 174 of the Water Act 1989 (general restrictions on disclosure of

information) is amended as follows.

      (2)
In subsection (2)(b)—

(a)
for “company” there is substituted “person”;

(b)
for “on it” there is substituted “on the undertaker or, as the case may

be, the person”.

      (3)
In subsection (6)(a)—

(a)
for “company” there is substituted “person”;

(b)
for “its licence” there is substituted “the person’s licence”.’.

Secretary Owen Paterson

29

Schedule  7,  page  173,  line  14,  after ‘40F,’, insert ‘63AC to 63AF,’.

Secretary Owen Paterson

30

Schedule  7,  page  173,  line  16,  after ‘110G,’, insert ‘110L to 110O,’.

Secretary Owen Paterson

31

Schedule  7,  page  189,  line  16,  after ‘manner’, insert ‘and with such frequency’.

Secretary Owen Paterson

32

Schedule  7,  page  189,  line  22,  at end insert—

‘(1B)
The Authority may direct that the requirement in subsection (1A) is not to apply

to such water supply licensees as may be specified in the direction.”’.

Secretary Owen Paterson

33

Schedule  7,  page  189,  line  23,  leave out from ‘subsection (2),’ to end of line 24 and

insert ‘for “any such direction” there is substituted “a direction under subsection (1) or

(1A)”.’.

Notices of Amendments: 2 January 2014
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Water Bill, continued

Secretary Owen Paterson

34

Schedule  7,  page  189,  line  24,  at end insert—

  ‘(4A)
In subsection (2B), for “section 17B(5)” there is substituted “section 17B”.’.

Secretary Owen Paterson

35

Schedule  7,  page  192,  line  12,  at end insert—

  ‘(2A)
In subsection (1), in the opening words, after “above” there is inserted “or

section 63AC(2)”.’.

Secretary Owen Paterson

36

Schedule  7,  page  195,  line  18,  at end insert—

‘80A
In section 95B (publication of statistical information about complaints)—

(a)
in subsection (1), after “undertakers” there is inserted “or sewerage

licensees”;

(b)
in subsection (2), after “undertakers” there is inserted “or sewerage

licensees”.’.

Secretary Owen Paterson

37

Schedule  7,  page  195,  line  18,  at end insert—

‘80B (1)
Section 96A (information to be given to customers about overall performance)

is amended as follows.

      (2)
In subsection (1), after “customers” there is inserted “, and, if the direction so

specifies, sewerage licensees using the undertaker’s sewerage system for the

purpose of providing sewerage services to the premises of customers,”.

      (3)
After subsection (1) there is inserted—

“(1A)
Each sewerage licensee must, in such form and manner and with such

frequency as the Authority may direct, take steps to inform the

licensee’s customers of—

(a)
the standards of overall performance established under section

95ZA(1) which are applicable to that licensee;

(b)
that licensee’s level of performance as regards those

standards.

(1B)
The Authority may direct that the requirement in subsection (1A) is

not to apply to such sewerage licensees as may be specified in the

direction.”

      (4)
In subsection (2), for “any such direction” there is substituted “a direction

under subsection (1) or (1A)”.

      (5)
After subsection (2) there is inserted—

“(2A)
The sewerage licensees referred to in subsection (1) shall, if the

Authority so directs, pass on the information about the matters

mentioned in that subsection to their customers.

(2B)
In subsection (1), the reference to the sewerage undertaker’s sewerage

system is to be construed in accordance with section 17BA(7).”

      (6)
In subsection (3), after “undertaker” there is inserted “or sewerage licensee”.’.

Notices of Amendments: 2 January 2014
1467

Water Bill, continued

Secretary Owen Paterson

38

Schedule  7,  page  195,  line  26,  at end insert—

‘83A
In section 102 (adoption of sewers and disposal works), in subsection (4)

(sewerage undertaker to give notice of proposal), after “under this section”

there is inserted—

“(za)
shall give notice of its proposal to any sewerage licensee

which uses, or removes matter from, the undertaker’s

sewerage system in accordance with a retail, wholesale or

disposal authorisation;”.’.

Secretary Owen Paterson

39

Schedule  7,  page  195,  line  34,  at end insert—

‘85A
In section 105C (adoption schemes: supplementary), in subsection (2), after

paragraph (a) insert—

“(aa)
any sewerage licensee which uses, or removes matter from,

the sewerage system of any such sewerage undertaker in

accordance with a retail, wholesale or disposal

authorisation;”.’.

Secretary Owen Paterson

40

Schedule  7,  page  196,  line  8,  at end insert—

‘87A
In section 113 (power to alter drainage system of premises in an area), in

subsection (3), for the words from “notice of its proposals to” to the end of the

subsection substitute “—

(a)
the owner of the premises in question, and

(b)
any sewerage licensee providing sewerage services to those

premises.”’.

Secretary Owen Paterson

41

Schedule  7,  page  196,  line  8,  at end insert—

‘87B
In section 117 (interpretation of Chapter 2), in subsection (5)(a), after “the

Water Resources Act 1991” there is inserted “or the Environmental Permitting

(England and Wales) Regulations 2010 (S.I. 2010/675)”.’.

Secretary Owen Paterson

42

Schedule  7,  page  196,  leave out lines 9 and 10 and insert—

‘88(1)
Section 146 (connection charges etc) is amended as follows.

      (2)
After subsection (3) there is inserted—’.

Secretary Owen Paterson

43

Schedule  7,  page  196,  line  16,  at end insert—

    ‘(3)
In subsection (4)—

(a)
after “sewerage undertaker” there is inserted “or a sewerage licensee”;

(b)
after “to the undertaker” there is inserted “or the licensee (as the case

may be)”.



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