Session 2013 - 14
Internet Publications
Other Bills before Parliament


 
 

443

 

SUPPLEMENT TO THE VOTES AND PROCEEDINGS

 
 

Monday 6 January 2014

 

Report Stage Proceedings

 

Water Bill, As Amended


 

New Clauses

 

Legislative competence for water in Wales

 

Hywel Williams

 

Negatived on division  NC1

 

To move the following Clause:—

 

‘The National Assembly for Wales shall have legislative competence for water up

 

to the geographical boundary with England.’.

 


 

Retail exit

 

Miss Anne McIntosh

 

Roger Williams

 

Jim Fitzpatrick

 

Mrs Mary Glindon

 

Not called  NC2

 

To move the following Clause:—

 

‘(1)    

The Secretary of State may by regulations make provision about the transfer of

 

an undertaker’s assets and liabilities associated with its non-household retail

 

business into a separate company.

 

(2)    

Regulations under this section are to be made by statutory instrument.

 

(3)    

Regulations under subsection (1) may, in particular, make provision for any such

 

transfer to be subject to—

 

(a)    

approval by the Secretary of State;

 

(b)    

any such safeguards as may be specified in the regulations;

 

(c)    

the transferee company holding a licence containing a retail authorisation

 

pursuant to section 17A of the Water Industry Act 1991;


 
 

Report Stage Proceedings: 6 January 2014                

444

 

Water Bill, continued

 
 

(d)    

the provision of any information or other such assistance from the

 

relevant undertaker as may be required by the Secretary of State for the

 

purposes of approving the transfer.’.

 


 

Provision of benefits information

 

Miss Anne McIntosh

 

Roger Williams

 

Jim Fitzpatrick

 

Mrs Mary Glindon

 

Withdrawn  NC3

 

To move the following Clause:—

 

‘(1)    

The Secretary of State may by regulations make provision about the disclosure of

 

benefits information about occupiers to water undertakers and sewerage

 

undertakers in connection with section 144C of the Water Industry Act 1991

 

(non-owner occupiers).

 

(2)    

In this section “benefits information” means information which is held for benefit

 

entitlement purposes by the Department for Work and Pensions.’.

 


 

Sustainable drainage and automatic right to connect

 

Miss Anne McIntosh

 

Roger Williams

 

Jim Fitzpatrick

 

Mrs Mary Glindon

 

Mr Mark Spencer

 

Withdrawn  NC4

 

To move the following Clause:—

 

‘The Secretary of State shall by order made by statutory instrument implement

 

the provisions of section 32 and Schedule 3 of the Flood and Water Management

 

Act 2010, and any other provisions as the Secretary of State considers appropriate

 

in connection with the coming into force of those provisions, no later than the end

 

of the period of one month beginning with the date on which this Act is passed.’.

 


 

Abstraction reform

 

Miss Anne McIntosh

 

Jim Fitzpatrick

 

Mrs Mary Glindon

 

Not called  NC5

 

To move the following Clause:—


 
 

Report Stage Proceedings: 6 January 2014                

445

 

Water Bill, continued

 
 

‘(1)    

The Secretary of State shall by regulations make provision to introduce a

 

reformed abstraction regime.

 

(2)    

An abstraction regime under subsection (1) must—

 

(a)    

be resilient to the challenges of climate change;

 

(b)    

be resilient to the challenges of population growth; and

 

(c)    

better protect the environment.

 

(3)    

An abstraction regime must be introduced no later than the end of the period of

 

seven years beginning with the date on which this Act is passed.

 

(4)    

Regulations under this section—

 

(a)    

shall be made by statutory instrument; and

 

(b)    

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

 

approved by a resolution of both Houses of Parliament.’.

 


 

Onshore oil or gas activities—effect on water environment

 

Joan Walley

 

John McDonnell

 

Not called  nc6

 

To move the following Clause:—

 

‘In Part 1 of Schedule 5 of the Environmental Permitting (England and Wales)

 

Regulations 2010 there shall be inserted after paragraph 13 the following—

 

“Onshore oil or gas activities—effect on water environment

 

13A(1)  

Without prejudice to the operation of Regulation 35(2) and paragraph

 

5(1)(d) of Schedule 10 and of Regulation 35(2) and paragraph 7(j) of

 

Schedule 20, the regulator shall refuse an application for the grant or

 

variation of an environmental permit or for the transfer in whole or in

 

part of an environmental permit if—

 

(a)    

the regulated facility to which the application for or transfer of

 

the environmental permit relates is to be carried on as part of

 

an onshore oil or gas activity; and

 

(b)    

the regulator is not satisfied that the applicant or the proposed

 

transferee has made or will make adequate financial provision

 

for preventing or mitigating pollution of the water

 

environment, by ensuring all of the following—

 

(i)    

operation of the regulated facility in accordance with

 

the environmental permit;

 

(ii)    

compliance with any enforcement notice or

 

suspension notice or prohibition notice or mining

 

waste facility closure notice or landfill closure notice

 

which may be served on the applicant or transferee by

 

the regulator under these Regulations;

 

(iii)    

compliance with any order of the High Court which

 

may be obtained against the applicant or transferee

 

under Regulation 42 for the purpose of securing

 

compliance with any of the notices listed in sub-

 

paragraph (ii).


 
 

Report Stage Proceedings: 6 January 2014                

446

 

Water Bill, continued

 
 

(iv)    

compliance with any order of any court issued under

 

Regulation 44 against the applicant or transferee; and

 

(v)    

recovery by the regulator of its costs upon any

 

exercise of its power against the applicant or

 

transferee under Regulation 57;

 

(c)    

for the purpose of this paragraph ‘onshore oil or gas activity’

 

means any activity for the purpose of exploration for or

 

extraction of onshore oil and gas;

 

(d)    

for the purpose of this paragraph ‘adequate provision by way

 

of financial security’ means financial provision which is

 

sufficient in value, secure and available when required.”.’.

 


 

National affordability scheme

 

Thomas Docherty

 

Negatived on division  NC7

 

To move the following Clause:—

 

‘(1)    

The Secretary of State must, by order, introduce a National Affordability Scheme

 

for water.

 

(2)    

The National Affordability Scheme must include an eligibility criteria,

 

determined by the Secretary of State, in consultation with—

 

(a)    

the Water Services Regulation Authority; and

 

(b)    

the Consumer Council for Water.

 

(3)    

An order under this section—

 

(a)    

shall be made by statutory instrument; and

 

(b)    

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

 

approved by resolution of each House of Parliament.’.

 


 

Billing information: affordability

 

Thomas Docherty

 

Not called  NC8

 

To move the following Clause:—

 

‘Any company providing water services to a residential household must include

 

on its bills—

 

(a)    

details of any tariffs provided by that company;

 

(b)    

a recommendation of the lowest possible tariff for each residential

 

household; and

 

(c)    

information regarding eligibility criteria and how to make an application

 

for assistance under Water Sure.’.

 



 
 

Report Stage Proceedings: 6 January 2014                

447

 

Water Bill, continued

 
 

Provision of information to water companies: landlords

 

Thomas Docherty

 

Not called  NC9

 

To move the following Clause:—

 

‘(1)    

The Water Industry Act 1991 is amended as follows.

 

(2)    

After section 207 (Provision of false information) there is inserted—

 

“Provision of information to water companies: landlords

 

            

Where a water company does not have information about a resident in

 

a property that is using water, if the occupants of that property are

 

tenants, the landlord must, on request, provide to the water company

 

contact details for the tenants.”.’.

 


 

Water companies: recovery of losses

 

Thomas Docherty

 

Not called  NC10

 

To move the following Clause:—

 

‘(1)    

The Secretary of State, or the Authority, may prohibit losses to a water company

 

due to non-payment of bills from being recovered through charges on customers.

 

(2)    

This section comes into force on the day after the Secretary of State has laid

 

before Parliament a report setting out how water companies have failed to take

 

action on these matters.’.

 


 

Duties of undertakers to furnish the Secretary of State with information: annual review

 

Thomas Docherty

 

Negatived on division  NC11

 

To move the following Clause:—

 

‘(1)    

Section 202 of the Water Industry Act 1991 (duties to undertakers to furnish the

 

Secretary of State with information) is amended as follows.

 

(2)    

After subsection (1A) there is inserted—

 

“(1B)    

Any company with a duty under subsections (1) and (1A) must furnish

 

the Secretary of State and the Authority with an annual review which

 

provides information about—

 

(a)    

their performance;

 

(b)    

the total amount of investment;

 

(c)    

their taxation structure;

 

(d)    

their corporate structure; and

 

(e)    

the total amount of dividends paid to shareholders.


 
 

Report Stage Proceedings: 6 January 2014                

448

 

Water Bill, continued

 
 

(1C)    

Information under subsection (1B) must be provided prior to the

 

publication of the annual statement of the Secretary of State under section

 

2A.”.’.

 


 

Oversight of charges

 

Thomas Docherty

 

Not called  NC12

 

To move the following Clause:—

 

‘In section 2 of the Water Industry Act 1991 (general duties with respect of the

 

water industry), after subsection (2C) there is inserted—

 

“(2CA)    

For the purposes of subsection (2A)(a) above the Secretary of State or, as

 

the case may be, the Authority shall have regard to the rates of charges

 

to—

 

(a)    

household premises; and

 

(b)    

non-household premises.”.’.

 


 

Unlawful communications

 

Mr Andrew Love

 

Not called  NC13

 

To move the following Clause:—

 

‘(1)    

Section 109 of the Water Industry Act 1991 (sewerage: unlawful communication

 

with public sewer) is amended as follows.

 

(2)    

Omit subsection (1)(b).

 

(3)    

In subsection (2)(a) after “close”, insert “or redirect”.

 

(4)    

In subsection (2)(b) omit “from the offender”.

 

(5)    

At the end add—

 

“(4)    

The expenses are recoverable from—

 

(a)    

the offender; or

 

(b)    

the owner of the drain or sewer.

 

(5)    

A person who obstructs a sewerage undertaker in exercising a power

 

under subsection (2)(a)—

 

(a)    

commits an offence; and

 

(b)    

is liable on summary conviction to a fine not exceeding level 5

 

on the standard scale.”.’.

 



 
 

Report Stage Proceedings: 6 January 2014                

449

 

Water Bill, continued

 
 

Privatisation of water supply: review

 

John McDonnell

 

Not called  NC14

 

To move the following Clause:—

 

‘(1)    

Chapter 1 of this Act shall not come into force until the Secretary of State has laid

 

before Parliament a report on the performance of the water companies since the

 

privatisation of the arrangements for water supply came into force under the

 

Water Act 1989, the Water Industry Act 1991 and the Water Consolidation

 

(Consequential Provisions) Act 1991.

 

(2)    

A report under subsection (1) must in particular review—

 

(a)    

the cost of water to the consumer,

 

(b)    

the number of disconnections of water supply,

 

(c)    

the purity of the water supplied and the number and consequences of

 

water pollution incidences attributable to the operation of the water

 

companies,

 

(d)    

the incidencies of leakages, low pressure and disruptions to water supply,

 

(e)    

the levels of investment in the water supply infrastructure by the water

 

companies,

 

(f)    

the profits made and dividends paid to shareholders by the water

 

companies,

 

(g)    

the levels of management remuneration of the water companies,

 

(h)    

the levels of taxation paid by the water companies, and

 

(i)    

the adherence of the water companies in their operations in the UK and

 

internationally to the national legislation and international conventions

 

and treaties on the protection of the environment, human rights and

 

wages and employment conditions.’.

 


 

Miss Anne McIntosh

 

Jim Fitzpatrick

 

Mrs Mary Glindon

 

Not selected  4

 

Clause  2,  page  3,  line  16,  at end add—

 

‘(4)    

This section or any other provisions as the Secretary of State considers

 

appropriate in connection with the coming into force of this section, come into

 

force on whatever day or days the Secretary of State appoints by order (the

 

commencement order) made by statutory instrument.

 

(5)    

An order to be made by the Secretary of State under subsection (4) may not be

 

made unless a draft has been laid before, and approved by a resolution of, each

 

House of Parliament.’.

 



 
contents continue
 

© Parliamentary copyright
Revised 7 January 2014