14201.1-4

House of Commons

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Lords Amendments to the Water Bill

LORDS amendments to the
Water Bill
[The page and line references are to HL Bill 71, the bill as first printed for the Lords.]
Clause 8
1
Page 9, line 25, at end insert “, in particular about whether the proposed supply of

water would secure an efficient use of water resources, taking into account the

effect on the environment of the proposed supply.”
2
Page 10, line 32, at end insert—

“( )
In this section and sections 40A to 40J “bulk supply agreement”

means an agreement with one or more water undertakers for the

supply of water in bulk and includes—

(a)
an order under subsection (3) which is deemed to be an

agreement by virtue of subsection (5), and

(b)
any agreement which has been varied by order under

section 40A(1).”
3
Page 10, line 44, at end insert “, in particular about whether the proposed variation

or termination of the bulk supply agreement would secure an efficient use of water

resources, taking into account the effect on the environment of what is proposed.”
4
Page 11, line 31, leave out “40I” and insert “40J”
5
Page 11, leave out lines 32 to 38
6
Page 12, line 10, at end insert—

“(2A)
A code must include provision requiring persons proposing to

make, vary or terminate a bulk supply agreement to consult the

appropriate agency.”
7
Page 12, line 25, at end insert—

“( )
In this section “the appropriate agency”, in relation to a bulk supply

agreement or proposed bulk supply agreement, means the body

that would be consulted by the Authority under section 40(4) or

Bill 201 55/3

2

40A(2) if an order under section 40(3) or 40A(1) were being

considered in relation to the agreement or proposed agreement.”
8
Page 12, line 28, at end insert—

“(aa)
consult the appropriate agency;”
9
Page 12, line 29, after “such” insert “other”
10
Page 13, line 30, at end insert—

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

(a)
the Environment Agency, so far as a proposed code relates

to bulk supply agreements to which all parties are persons

mentioned in section 40(10)(a)(i) or (ii);

(b)
the NRBW, so far as a proposed code relates to bulk supply

agreements to which all parties are persons mentioned in

section 40(10)(b)(i) or (ii);

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

case.”
11
Page 17, line 37, at end insert—

“40J
Duty to provide information about bulk supplies

(1)
A supplier under a bulk supply agreement must provide such information

as the appropriate agency may request in relation to water supplied under

the agreement.

(2)
The requirement in subsection (1) is enforceable by the Authority under

section 18.

(3)
In subsection (1) “the appropriate agency” means the body that would be

consulted by the Authority under section 40A(2) if the agreement were to

be varied or terminated by an order under section 40A(1).””
12
Page 17, line 38, leave out “40I” and insert “40J”
Clause 9
13
Page 19, line 47, at end insert—

““main connection agreement” means an agreement with one or more

sewerage undertakers for that undertaker or each of them to permit

a main connection into its sewerage system and includes—

(a)
an order under subsection (3) which is deemed to be an

agreement by virtue of subsection (5), and

(b)
any agreement which has been varied by order under

section 110B(1).”
14
Page 21, leave out lines 1 to 8
Clause 10
15
Page 29, line 5, leave out “in relation to” and insert “as regards the consent of”
16
Page 29, line 7, leave out “in relation to” and insert “as regards the consent of”
17
Page 30, line 46, leave out “may issue one or more codes” and insert “must issue a

code”

3
18
Page 30, line 48, leave out “A” and insert “The”
19
Page 31, line 13, leave out “a code” and insert “the code”
20
Page 31, line 34, leave out “a code” and insert “the code”
21
Page 31, line 41, leave out “A” and insert “The”
22
Page 31, line 43, leave out from “Authority” to “issue” in line 44 and insert “must

from time to time review the code and, if appropriate,”
Clause 11
23
Page 37, line 35, leave out “in relation to” and insert “as regards the consent of”
24
Page 37, line 37, leave out “in relation to” and insert “as regards the consent of”
25
Page 39, line 32, leave out “may issue one or more codes” and insert “must issue a

code”
26
Page 39, line 34, leave out “A” and insert “The”
27
Page 39, line 47, leave out “a code” and insert “the code”
28
Page 40, line 9, leave out “a code” and insert “the code”
29
Page 40, line 16, leave out “A” and insert “The”
30
Page 40, line 18, leave out from “Authority” to “issue” in line 19 and insert “must

from time to time review the code and, if appropriate,”
Clause 12
31
Page 46, line 12, at end insert—

“(aa)
provision requiring the Authority to consult the

Environment Agency, the NRBW or both of them

before making an order;”
Clause 16
32
Page 52, line 35, at end insert—

“(6ZA)
The Authority must issue rules (and, if it revises rules it has issued,

must issue revised rules) about consulting the Council about

proposed charges schemes.

(6ZB)
The rules must require a relevant undertaker that proposes to make

a charges scheme to consult the Council about its proposed scheme.

(6ZC)
If the Authority considers that a relevant undertaker has not

complied with those rules, it may give the undertaker a direction to

do, or not to do, a thing specified in the direction.”
33
Page 52, line 37, after “(6)” insert “or (6ZC)”
Clause 22
34
Page 63, line 30, after “promoting” insert “—

(i)
”
35
Page 63, line 31, after “and” insert “(ii)”

4
36
Page 63, line 32, after “ways” insert “, and to increase efficiency in the use of water”
Clause 24
37
Page 64, line 27, leave out “and”
38
Page 64, line 28, leave out “may” and insert “must”
39
Page 64, line 28, leave out “amongst other things” and insert “and

(c)
may have regard to such other matters as the Secretary of State

thinks fit.”
40
Page 65, line 24, leave out “and”
41
Page 65, line 25, leave out “may” and insert “must”
42
Page 65, line 25, leave out “amongst other things” and insert “and

(c)
may have regard to such other matters as the Welsh Ministers think

fit.”
Clause 31
43
Page 76, line 5, at end insert—

“(7)
For the purposes of section 63AC, premises which are outside a

water undertaker’s area are to be treated as being within that area

if they are supplied with water using the undertaker’s supply

system.

(8)
In subsection (7), the reference to the undertaker’s supply system is

to be construed in accordance with section 17B.”
44
Page 77, line 11, leave out “a code” and insert “the code”
Clause 32
45
Page 78, line 34, leave out “or”
46
Page 78, line 36, at end insert “or

(iii)
services are provided to the premises by another sewerage

undertaker following the service of a notice by the owner or

occupier of the premises on the undertaker providing

services under subsection (2) specifying the time after which

the undertaker will no longer be required to provide

sewerage services to the premises (see section 110M(5)),”
47
Page 79, line 35, at end insert—

“(3)
For the purposes of section 110L, premises which are outside a

sewerage undertaker’s area are to be treated as being within that

area if they are provided with sewerage services using the

undertaker’s sewerage system.

(4)
In subsection (3), the reference to the undertaker’s sewerage system

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

(5)
Section 110K(2) and (3) apply to a notice served under section

110L(6)(b)(iii) as they apply to a notice served under section 110K.”
48
Page 80, line 43, leave out “a code” and insert “the code”