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Lords Amendments to the Water Bill


 
 

23

 
 

“          

In section 35 (provision of infrastructure), in subsection (2), in the words

 

inserted into section 213(1) of the Water Industry Act 1991, the words

 

“17D(8),” are repealed (if section 35(2) remains to be brought into force

 

to any extent).”

Schedule 11

142

Page 223, line 11,  at end insert—

 

“Changes in water supply licensing

 

1A  (1)  

A section 77 order may make provision in connection with the

 

introduction of new water supply licences.

 

      (2)  

A section 77 order may in particular—

 

(a)    

make provision for old water supply licences to continue in

 

effect, subject to provision made by a qualifying scheme;

 

(b)    

make provision about the granting of a new water supply licence

 

on application made by the holder of an old water supply licence.

 

      (3)  

A qualifying scheme is a scheme that—

 

(a)    

is made by the Water Services Regulation Authority, and

 

(b)    

contains such provision as is described in sub-paragraph (4).

 

      (4)  

The provision mentioned in sub-paragraph (3)(b) is—

 

(a)    

provision for the revocation of all old water supply licences—

 

(i)    

on the first day on which it would be possible for a new

 

water supply licence to come into effect, or

 

(ii)    

in accordance with arrangements in the scheme and

 

before a day specified in or determined under the

 

scheme,

 

(b)    

provision for compensation to be paid by the Water Services

 

Regulation Authority in connection with the revocation under

 

the scheme of an old water supply licence,

 

(c)    

provision, in a case where the scheme allows a holder’s old water

 

supply licence and new water supply licence to have effect at the

 

same time, for preventing the holder supplying water to

 

premises in reliance on the old water supply licence where—

 

(i)    

the premises supplied are the premises of a person who

 

was not a customer of the holder immediately before the

 

grant of the new licence, and

 

(ii)    

the premises could be supplied with water in reliance on

 

the new water supply licence,

 

(d)    

provision for compensation to be paid by the Water Services

 

Regulation Authority in connection with the restriction imposed

 

on an old water supply licence under paragraph (c),

 

(e)    

provision about the determination of—

 

(i)    

claims for compensation payable under the scheme, and

 

(ii)    

appeals from the determination of such claims, and

 

(f)    

provision satisfying such other requirements as may be specified

 

in a section 77 order, including requirements about the persons

 

who may claim compensation, the measure of compensation and

 

matters by reference to which compensation may be reduced.


 
 

24

 
 

      (5)  

Requirements imposed under sub-paragraph (4)(f) may allow the

 

scheme to make provision by virtue of which the compensation payable

 

in a particular case may be nil.

 

      (6)  

A qualifying scheme may include provision about—

 

(a)    

the making of claims for compensation;

 

(b)    

the matters to be proved by a claimant.

 

      (7)  

Sub-paragraphs (4) to (6) are not exhaustive of what may be included in

 

a qualifying scheme.

 

      (8)  

A section 77 order may make provision for a relevant person specified in

 

the order, or appointed by the Secretary of State, to determine—

 

(a)    

claims for compensation payable under a qualifying scheme;

 

(b)    

appeals from the determinations of such claims.

 

      (9)  

In sub-paragraph (8) “relevant person” means—

 

(a)    

the Water Services Regulation Authority, except in relation to

 

appeals from the determination of claims for compensation,

 

(b)    

the Competition and Markets Authority, or

 

(c)    

any other public authority (within the meaning of section 6 of the

 

Human Rights Act 1998).

 

    (10)  

A section 77 order may provide for functions of the Competition and

 

Markets Authority (“the CMA”) relating to compensation payable under

 

a qualifying scheme to be carried out on behalf of the CMA by a group

 

constituted for the purpose by the chair of the CMA under Schedule 4 to

 

the Enterprise and Regulatory Reform Act 2013.

 

Modification of conditions of old water supply licences

 

1B  (1)  

Where a section 77 order makes provision for old water supply licences

 

to continue in effect, that provision may include provision for applying

 

new sections 17I to 17R to old water supply licences, with such

 

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

 

      (2)  

Provision under sub-paragraph (1) may include provision for treating a

 

reference to a new water supply licence as including a reference to an old

 

water supply licence.

 

      (3)  

Provision under sub-paragraph (1) may include provision for treating—

 

(a)    

a reference to a standard condition of a new water supply licence

 

as including a reference to a standard condition of an old water

 

supply licence, if the two conditions are in, or as nearly as may be

 

are in, the same terms;

 

(b)    

a reference to a standard condition of a new water supply licence

 

giving the holder a new retail authorisation as including a

 

reference to a standard condition of an old water supply licence

 

giving the holder a retail authorisation, if the two conditions are

 

in, or as nearly as may be are in, the same terms;

 

(c)    

a reference to a standard condition of a new water supply licence

 

giving the holder a new restricted retail authorisation as

 

including a reference to a standard condition of an old water

 

supply licence giving the holder a retail authorisation, if the two

 

conditions are in, or as nearly as may be are in, the same terms;

 

(d)    

a reference to a standard condition of a new water supply licence

 

giving the holder a new wholesale authorisation as including a


 
 

25

 
 

reference to a standard condition of an old water supply licence

 

giving the holder a supplementary authorisation, if the two

 

conditions are in, or as nearly as may be are in, the same terms.

 

(e)    

a reference to a standard condition of a new water supply licence

 

giving the holder a new supplementary authorisation as

 

including a reference to a standard condition of an old water

 

supply licence giving the holder a supplementary authorisation,

 

if the two conditions are in, or as nearly as may be are in, the

 

same terms.

 

Changes in water supply licensing: Wales

 

1C  (1)  

A section 77 order may make provision in connection with the extension

 

of new retail authorisations and new wholesale authorisations to the use

 

of supply systems of water undertakers whose areas are wholly or

 

mainly in Wales, where that extension takes place after the introduction

 

of new water supply licences.

 

      (2)  

A section 77 order may in particular include provision for or in relation

 

to the payment by the Water Services Regulation Authority of

 

compensation to any person holding a new water supply licence who—

 

(a)    

following the coming into force of any provision of this Act, is

 

unable to carry on activities that had previously been authorised

 

by a new restricted retail authorisation, or a new restricted retail

 

authorisation and a new supplementary authorisation, given by

 

the licence as a result of—

 

(i)    

a new retail authorisation or a new wholesale

 

authorisation or both having been required in respect of

 

them, and

 

(ii)    

the person’s licence not having been varied to add a new

 

retail authorisation or a new wholesale authorisation or

 

both, because the person did not apply to vary the licence,

 

or did not apply to add the appropriate authorisation or

 

authorisations, or because the person’s application to

 

vary the licence was refused or granted only as to one

 

authorisation, and

 

(b)    

has suffered loss or damage as a result of not having a licence that

 

enables the person to carry on all those activities.

 

Introduction of sewerage licensing

 

1D  (1)  

A section 77 order may make provision in connection with the

 

introduction of sewerage licences.

 

      (2)  

A section 77 order may in particular include provision for or in relation

 

to the payment by the Water Services Regulation Authority of

 

compensation to any person who—

 

(a)    

before 31 March 2014 was carrying on any activities in relation to

 

the sewerage system of a sewerage undertaker,

 

(b)    

following the coming into force of any provision of this Act—

 

(i)    

is unable to continue to carry on those activities as a result

 

of their having been prohibited,

 

(ii)    

is unable to continue to carry on those activities as a result

 

of a sewerage licence having been required in respect of


 
 

26

 
 

them, and the person’s not having applied for, or the

 

person’s having been refused, a sewerage licence, or

 

(iii)    

is unable to continue to carry on those activities in the

 

same manner as a result of the person’s having been

 

granted a sewerage licence the effect of which is to restrict

 

the carrying on of the activities, and

 

(c)    

has suffered loss or damage as a result of—

 

(i)    

those activities having been prohibited,

 

(ii)    

a sewerage licence not having been granted, or

 

(iii)    

those activities having been restricted.”

143

Page 225, line 20, leave out “for a relevant period”

144

Page 226, line 8, at end insert—

 

““sewerage licence” means a sewerage licence granted under section

 

17BA of the Water Industry Act 1991.”

Schedule 12

145

Page 230, line 37, leave out “paragraph 3” and insert “this Schedule”

146

Page 230, line 39, leave out “(as amended by section 2 of this Act)”

147

Page 230, line 43, leave out “(as inserted by section 4 of this Act)”


 
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