14201.16-22

House of Commons

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Lords Amendments to the Water Bill

16

Clause 54
72
Page 108, line 28, at end insert—

“( )
Regulations under subsection (1) may require the FR Scheme administrator

to provide the following information to relevant insurers who have issued

insurance policies that are reinsured under the FR Scheme, so that those

insurers may supply the information to holders of those policies—

(a)
information about how to find out about the levels of flood risk to

which an area in which household premises are situated is subject

and how any flood risk may be managed;

(b)
information about the FR Scheme, including information about the

effect of section 51(2)(b) (transition to risk-reflective pricing of flood

insurance for household premises).”
73
Page 108, line 43, leave out “or” and insert “and”
74
Page 109, line 26, leave out paragraph (a)
75
Page 110, line 3, after “section” insert “—

“flood insurance” has the meaning given in section 51;”
Clause 55
76
Page 110, line 13, after “liabilities” insert “(whether or not otherwise capable of

being transferred, and including pension liabilities of staff)”
Clause 56
77
Page 110, line 16, leave out subsection (1) and insert—

“(1)
The Commissioners for Her Majesty’s Revenue and Customs may disclose

relevant HMRC council tax information to any person who requires that

information for either of the following descriptions of purposes—

(a)
purposes connected with such scheme as may be established and

designated in accordance with section 51 (in any case arising before

any scheme is so designated);

(b)
purposes connected with the FR Scheme (in any case arising after

the designation of a scheme in accordance with section 51).

(1A)
A person to whom information is disclosed under subsection (1)(a) or (b)—

(a)
may use the information only for the purposes mentioned in

subsection (1)(a) or (b), as the case may be;

(b)
may not further disclose the information except with the consent of

the Commissioners.”
78
Page 110, line 21, at end insert—

““relevant HMRC council tax information” means HMRC council tax

information relating to premises which are household premises and

consisting of any of the following—

(a)
the address (including the postcode) of the premises;

(b)
the council tax valuation band in which the premises fall;

(c)
information about when the premises were constructed;

(d)
the National Land and Property Gazetteer unique property

reference number for the premises;

17

(e)
the unique address reference number allocated to the

premises by the Valuation Office of Her Majesty’s Revenue

and Customs.”
79
Page 110, line 22, leave out subsection (3) and insert—

“(3)
The Secretary of State may by regulations amend the definition of “relevant

HMRC council tax information” in subsection (2).

(4)
If the Secretary of State by regulations under subsection (3) amends the

definition of “relevant HMRC council tax information” to add further

descriptions of information, those regulations may include the provision

described in subsection (5).

(5)
The regulations may provide that if a person discloses, in contravention of

subsection (1A)(b), information which is relevant HMRC council tax

information by virtue of the regulations and which relates to a person

whose identity—

(a)
is specified in the disclosure, or

(b)
can be deduced from it,


section 19 of the Commissioners for Revenue and Customs Act 2005

(wrongful disclosure) applies in relation to that disclosure as it applies in

relation to a disclosure, in contravention of section 20(9) of that Act, of

revenue and customs information relating to a person whose identity is

specified in the disclosure or can be deduced from it.

(6)
The Secretary of State must consult the Commissioners for Her Majesty’s

Revenue and Customs before making regulations under subsection (3).”
Clause 57
80
Page 110, line 39, leave out “relating to the effects of flooding” and insert “arising

from a flood”
Clause 69
81
Page 119, line 30, at end insert—

“(A1)
In this Part “insurer” means—

(a)
a person who—

(i)
is authorised for the purposes of the Financial Services and

Markets Act 2000 (see section 31 of that Act), and

(ii)
has permission to carry on the activities specified in Article

10 of the Financial Services and Markets (Regulated

Activities) Order 2001 (S.I. 2001/544), or

(b)
a member of the Society (within the meaning of the Lloyd’s Act

1982).

(A2)
The Secretary of State may by regulations amend the definition of “insurer”

in subsection (A1).”
82
Page 119, line 31, after “define” insert ““relevant insurer””
83
Page 119, leave out lines 32 and 33
84
Page 119, line 38, at end insert—

““flood”;”

18
85
Page 119, line 39, leave out ““flood insurance”” and insert—

““flood risk””
86
Page 120, line 7, after “subsection” insert “(3) or”
Clause 70
87
Page 120, line 26, leave out paragraph (b) and insert—

“(b)
the revocation of a scheme’s designation under section 51(1)(b)

without a new designation being made under that provision, at any

time before sections 51 to 56 are repealed,”
88
Page 120, line 32, leave out “(including” and insert “(whether or not otherwise

capable of being transferred, and including”
89
Page 120, line 37, at end insert—

“(4A)
Before making an order under subsection (3)(a)(i) or (b) which includes

provision for the transfer of an amount of the reserves of the FR Scheme,

the Secretary of State must consult the FR Scheme administrator about the

amount to be transferred.

(4B)
The Secretary of State may by regulations define “reserves” for the

purposes of subsection (4A).”
Clause 71
90
Page 121, line 3, at end insert—

“(1A)
Subsection (1) does not apply in relation to an order under section 70(3) if

the only provision made by the order is provision for, or in connection

with, the transfer of property, rights and liabilities.”
91
Page 121, line 12, at end insert—

“(za)
regulations under section 51 (the Flood Reinsurance Scheme),

(zb)
regulations under section 52 (Scheme administrator),”
92
Page 121, line 13, leave out “53(1)” and insert “53”
93
Page 121, line 13, at end insert—

“(aa)
regulations under section 54 (Scheme administration),

(ab)
regulations under section 56 (disclosure of HMRC council tax

information),

(ac)
regulations under section 57 (flood insurance obligations),

(ad)
the first regulations to be made under section 58 (target number),

(ae)
regulations under section 59 or 60 (information),

(af)
the first regulations to be made under section 61 (register of

premises subject to greater flood risk),”
94
Page 121, line 15, at end insert—

“(ba)
regulations under section 65 (compliance reports),”
95
Page 121, line 17, leave out “or” and insert—

“(da)
regulations under section 69 (interpretation), or”
96
Page 121, line 20, at end insert—

19

“( )
If a draft of an instrument containing an order under section 70(3) would,

apart from this subsection, be treated for the purposes of the Standing

Orders of either House of Parliament as a hybrid instrument, it is to

proceed in that House as if it were not a hybrid instrument.”
Clause 72
97
Page 121, line 28, leave out “made by the Secretary of State”
98
Page 121, line 34, leave out “made by the Secretary of State”
After Clause 74
99
Insert the following new Clause—

“Sustainable drainage systems: non-performance bonds

In Schedule 3 to the Flood and Water Management Act 2010 (sustainable

drainage), in paragraph 12 (non-performance bonds), in sub-paragraph

(4)(c)—

(a)
after “sums received” there is inserted “from a person”;

(b)
for “the developer” there is substituted “that person”.”
Clause 80
100
Page 124, line 4, after “56” insert “, so far as relating to the power to disclose

information under section 56(1)(a)”
101
Page 124, line 5, leave out paragraph (b) and insert—

“(b)
section 76;

(ba)
section 77 and Schedule 11;

(bb)
sections 78 and 79;”
102
Page 124, line 6, at end insert “and Schedule 12”
103
Page 124, line 14, after “water” insert “or sewerage”
104
Page 124, line 20, at end insert—

“( )
section (Report on water abstraction reform);”
105
Page 124, line 25, at end insert—

“( )
section (Sustainable drainage systems: non-performance bonds);”
106
Page 124, line 32, at end insert—

“( )
The power of the Secretary of State or the Welsh Ministers to make an order

under subsection (3) is to be exercisable by statutory instrument.”
Schedule 2
107
Page 128, line 24, at end insert—

“(7A)
For the purposes of this section and sections 66AA to 66C—

(a)
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, and

20

(b)
any pipes of the water undertaker which are used for the

purpose of supplying premises as mentioned in

paragraph (a) are to be treated as being part of the

undertaker’s supply system (if they would not otherwise

be part of it).”
108
Page 131, line 17, leave out “terms and conditions of the”
109
Page 131, line 18, leave out “provide” and insert “provides”
110
Page 134, line 6, leave out “terms and conditions of the”
111
Page 134, line 7, leave out “provide” and insert “provides”
112
Page 144, line 1, leave out from “with” to end of line 5 and insert “—

(a)
a retail authorisation (whether that retail authorisation is an

authorisation of the licensee requesting the introduction of water

or another water supply licensee’s authorisation), or

(b)
a restricted retail authorisation of the licensee requesting the

introduction of water.””
Schedule 4
113
Page 146, line 43, at end insert—

“(4A)
For the purposes of this section and sections 117B and 117C—

(a)
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, and

(b)
any sewers or drains of the sewerage undertaker which

are used for the purpose of serving premises as

mentioned in paragraph (a) are to be treated as being part

of the undertaker’s sewerage system (if they would not

otherwise be part of it).”
114
Page 151, line 23, leave out “the code prepared by the Authority” and insert “a code

in relation to which a direction may be given”
115
Page 155, line 25, leave out “fit” and insert “appropriate”
Schedule 5
116
Page 162, line 9, at end insert—

“2A
In section 2B (strategic priorities and objectives: Wales) (as inserted by

section 24 and amended by Schedule 7), in subsection (4)(d), after “water

supply licensees” there is inserted “and sewerage licensees”.”
117
Page 163, line 7, leave out “Subsection (1)(a)” and insert “Paragraph (a)”
118
Page 163, line 8, leave out sub-paragraph (3)
119
Page 163, line 23, at end insert—

  “(1A)
Subsection (1A) is repealed.”
120
Page 165, line 15, leave out paragraph 26 and insert—

21

“26
In section 52 (the domestic supply duty) (as amended by Schedule 7), in

subsection (4A)—

(a)
after paragraph (a) there is inserted “and”;

(b)
paragraph (c) and the “and” preceding it are repealed.”
121
Page 165, line 17, after “purposes)” insert “(as amended by Schedule 7)”
122
Page 168, line 23, leave out sub-paragraph (4)
123
Page 170, line 22, at end insert—

“
In section 158 (powers to lay pipes in streets), in subsection (7)(a), the

following words are repealed—

(a)
“or (b)(i)”;

(b)
“or laid in pursuance of section 66B(4)(b)(ii)”.”
124
Page 170, line 23, after “195(3AA)” insert “(the Authority’s register: consultation as

regards water supply licensees) (as amended by Schedule 7)”
125
Page 170, line 32, at end insert—

“
In section 213 (powers to make regulations), subsection (1ZA) (inserted

by Schedule 7) is repealed (if not previously repealed by an order under

section 3).”
Schedule 7
126
Page 174, line 3, leave out sub-paragraph (2) and insert—

    “( )
In subsection (1), for the words from “the following” to the end there is

substituted “the powers and duties conferred or imposed on the

Secretary of State or the Authority by virtue of any of the relevant

provisions.””
127
Page 174, line 30, leave out paragraph (a) and insert—

“( )
in paragraph (a), for the words from “the provisions of” to “water

suppliers” there is substituted “the relevant provisions”;”
128
Page 174, line 32, leave out ““153,”” and insert “the end”
129
Page 174, line 35, leave out from “3A),” to end of line 40 and insert—

“(ii)
any of sections 37A to 38, 38ZA, 39, 39ZA, 39B to 39D, 40E

to 40J, 42, 51CD to 51CG, 63AC to 63AF, 66B, 66CA to

66H, 66K, 66L, 66O(2), 95, 95ZA, 96, 96ZA, 99, 105ZF to

105ZI, 110F to 110J, 110L to 110O, 117E to 117O, 117R,

117S, 143B to 143E, 144ZA to 144ZF, 153, 181, 182, 185,

192A, 192B, 195, 195A and 201 to 203 below, or

(iii)
any of sections (Retail exit: non-household premises) to 42 of

the Water Act 2014.””
130
Page 174, line 41, leave out paragraphs (c) and (d) and insert—

“( )
paragraphs (b) and (c) are repealed.”
131
Page 174, line 42, at end insert—

“3A
In section 2A (strategic priorities and objectives: England) (inserted by

section 24), in subsection (4)(d), for “licensed water suppliers” there is

substituted “water supply licensees and sewerage licensees”.

22

3B
In section 2B (strategic priorities and objectives: Wales) (inserted by

section 24), in subsection (4)(d), for “licensed water suppliers” there is

substituted “water supply licensees”.”
132
Page 174, line 45, at end insert—

“4A(1)
Section 10 (transitional provision with respect to replacement

appointments) is amended as follows.

      (2)
In subsection (2), for “and (4)” there is substituted “to (4)”.

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

“(3A)
To the extent that charging rules issued under section 144ZA

relate to charges imposed or security required by a relevant

undertaker under section 185, those rules are to apply in relation

to the new undertaker as if the appointment or variation had

come into force.””
133
Page 174, line 46, after “appointment)” insert “—

( )
”
134
Page 175, line 2, at end insert—

“( )
in subsection (3D), for “16B” there is substituted “14B”.”
135
Page 200, line 21, at end insert—

“
In section 158 (powers to lay pipes in streets), in subsection (7)(a), for the

words from “section 66B(3)(a)(ii) above” to “section 66B(3)(a)(iii) above”

there is substituted “section 66B(4)(a)(i) or (b)(i) which is used for the

purpose of supplying water other than for domestic or food production

purposes or laid in pursuance of section 66B(4)(b)(ii)”.”
136
Page 201, line 1, leave out “(1A)(a)—” and insert “(1A)—

( )
in the opening words, for “the licensed water supplier” there is

substituted “the water supply licensee”;”
137
Page 201, line 2, leave out “sub-paragraph (i)” and insert “paragraph (a)(i)”
138
Page 201, line 7, leave out “sub-paragraph (ii)” and insert “paragraph (a)(ii)”
139
Page 203, line 1, leave out paragraph 111
140
Page 204, line 1, leave out sub-paragraph (2) and insert—

    “(2)
In subsection (1)—

(a)
the words “17D(8),” (inserted by section 35(2) of the Flood and

Water Management Act 2010) are repealed;

(b)
the words “or 17D(8)” (inserted by paragraph 49 of Schedule 8 to

the Water Act 2003) are repealed (if they remain in force to any

extent);

(c)
before “or 105A” there is inserted “, 66M”.

    (2A)
After subsection (1) there is inserted—

“(1ZA)
The requirement in subsection (1) does not apply in the case of

regulations made by the Welsh Ministers under section 17D(8).””
141
Page 208, line 45, at end insert—