Environment Bill (HC Bill 3)

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(a) commercial information, the disclosure of which would, or in
the CMA’s opinion might, significantly harm the legitimate
business interests of an undertaking to which it relates, or

(b) information relating to the private affairs of an individual, the
5disclosure of which would, or in the CMA’s opinion might,
significantly harm the individual’s interests.

(3) The Authority must take such steps as it considers requisite for it to
comply with an order of the CMA under subsection (1)(a).

(4) The steps must be taken—

(a) 10if a time is specified in (or is to be determined in accordance
with) the order, within that time;

(b) in any other case, within a reasonable time.

(5) Section 12C applies where a condition of a licence is modified in
accordance with section 12G as it applies where a condition of a licence
15is modified under section 12A.”

(3) For the italic heading before section 13 substitute—

“Modification of appointment conditions: Wales”.

(4) In section 13 (modification by agreement), before subsection (1) insert—

(A1) This section and sections 14 to 16B apply in relation to a company
appointed under this Chapter whose area is wholly or mainly in
20Wales.”

(5) Before section 17 insert—

“Modification of appointment conditions: England and Wales”.

(6) After Schedule 2 insert the Schedule set out in Schedule 14.

(7) In paragraph 35(3) of Schedule 4 to the Enterprise and Regulatory Reform Act
2013 (CMA Panels), in the definition of “specialist utility functions”, after
25paragraph (c) insert—

(ca) an appeal under section 12D of that Act;”.

77 Electronic service of documents

In section 216 of the Water Industry Act 1991 (service of documents) after
subsection (4) insert—

(4A) 30Any document required or authorised by virtue of this Act to be served
on any person may be served by electronic means.

(4B) But a document may be served by electronic means on a person who is
a consumer only if—

(a) the person has consented in writing to the receipt of documents
35by electronic means (and has not withdrawn that consent), and

(b) the document is sent to the number or address most recently
specified by the person for that purpose.

(4C) For the purposes of subsection (4B) a person is a “consumer” if the
person is liable to pay charges in respect of—

(a) 40the supply of water to any premises, or

Environment BillPage 81

(b) the provision of sewerage services to any premises.”

Abstraction

78 Water abstraction: no compensation for certain licence modifications

(1) In the Water Resources Act 1991, after section 61 insert—

61ZA 5 No compensation where modification to protect environment:
England

(1) This section applies where—

(a) a relevant licence is revoked or varied on or after 1 January 2028
in pursuance of a direction under section 54 or 56, and

(b) 10the ground for revoking or varying the licence is that the
Secretary of State is satisfied the revocation or variation is
necessary—

(i) having regard to a relevant environmental objective, or

(ii) to otherwise protect the water environment from
15damage.

(2) A “relevant licence” is a licence to abstract water that—

(a) is to abstract water in England only, and

(b) is to remain in force until revoked.

(3) Where this section applies, no compensation is payable under section
2061 in respect of the revocation or variation of the licence.

(4) In this section the “water environment” means—

(a) any inland waters (including, in relation to a lake, pond, river or
watercourse that is for the time being dry, its bottom, channel or
bed),

(b) 25any water contained in underground strata,

(c) any underground strata themselves,

or any flora or fauna dependent on any of them.

(5) In this section “relevant environmental objective” means an
environmental objective within the meaning of whichever of the
30following is applicable—

(a) the Water Environment (Water Framework Directive) (England
and Wales) Regulations 2017 (S.I. 2017/407);

(b) the Water Environment (Water Framework Directive) (Solway
Tweed River Basin District) Regulations 2004 (S.I. 2004/99);

(c) 35the Water Environment (Water Framework Directive)
(Northumbria River Basin District) Regulations 2003 (S.I. 2003/
3245).

61ZB No compensation where variation to remove excess headroom:
England

(1) 40This section applies if a relevant licence is varied in pursuance of a
direction under section 54 on or after 1 January 2028 so as to reduce the
quantity of water the holder is authorised to abstract.

(2) A “relevant licence” is a licence to abstract water that—

Environment BillPage 82

(a) is to abstract water in England only, and

(b) is to remain in force until revoked.

(3) No compensation is payable under section 61 if—

(a) in each year during the 12 year period ending with the relevant
5date, the quantity of water abstracted in pursuance of the
licence did not exceed 75% of the quantity of water the holder
was authorised to abstract in that year, and

(b) the ground for varying the licence is that the Secretary of State
is satisfied the variation does not reduce the quantity of water
10the holder is authorised to abstract to a level below that which
the holder reasonably requires.

(4) In subsection (3) the “relevant date” is the date on which the notice of
the proposals for varying the licence was served on the holder of the
licence.”

(2) 15In section 27 of the Water Act 2003 (withdrawal of compensation for certain
revocations and variations), after subsection (3) insert—

(4) This section does not apply in respect of a licence revoked or varied on
or after 1 January 2028 if the licence is a “relevant licence” within the
meaning of section 61ZA of the Water Resources Act 1991.”

(3) 20Omit paragraph 30(4) of Schedule 8 to the Water Act 2014.

Water quality

79 Water quality: powers of Secretary of State

(1) The Secretary of State may by regulations amend or modify any legislation to
which this section applies for the purpose of—

(a) 25making provision about the substances to be taken into account in
assessing the chemical status of surface water or groundwater;

(b) specifying standards in relation to those substances or in relation to the
chemical status of surface water or groundwater.

(2) This section applies to —

(a) 30the Water Environment (Water Framework Directive) (England and
Wales) Regulations 2017 (S.I. 2017/407);

(b) the Water Environment (Water Framework Directive) (Northumbria
River Basin District) Regulations 2003 (S.I. 2003/3245);

(c) the Water Environment (Water Framework Directive) (Solway Tweed
35River Basin District) Regulations 2004 (S.I. 2004/99);

(d) the Groundwater Regulations (Northern Ireland) 2009 (S.R. (N.I.) 2009
No. 254);

(e) the Water Framework Directive (Classification, Priority Substances and
Shellfish Waters) Regulations (Northern Ireland) 2015 (S.R. (N.I.)
402015 No. 351);

(f) the Water Environment (Water Framework Directive) Regulations
(Northern Ireland) 2017 (S.R. (N.I.) 2017 No. 81);

(g) any regulations modifying that legislation made under or by virtue of
the European Union (Withdrawal) Act 2018.

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(3) Regulations under subsection (1) may also, in connection with provision made
under subsection (1)(a) or (b), amend or modify legislation to which this
section applies so as to make provision—

(a) setting objectives in relation to the substances about which the
5provision is made, or in relation to the chemical status of surface water
or groundwater (including objectives to maintain specified standards
or to achieve specified standards by specified dates);

(b) about how objectives set by the regulations are to be met, including
provision requiring, or otherwise relating to, measures to be taken to
10achieve those objectives;

(c) requiring, or otherwise relating to, the monitoring or assessment of any
matter relating to the chemical status of surface water or the chemical
status of groundwater;

(d) about the classification of bodies of water according to their chemical
15status or any matter relating to their chemical status.

(4) Regulations under this section may not contain provision that could be
contained in—

(a) regulations made by the Welsh Ministers under section 80, or

(b) regulations made by the Northern Ireland Department under section
2081,

unless those Ministers or that Department consents.

(5) Regulations under this section may not contain provision applying to that part
of a Scottish cross-border river basin district which is in Scotland, unless the
Scottish Ministers consent.

(6) 25Before making regulations under this section the Secretary of State must
consult—

(a) if the regulations apply to England (or part of England), the
Environment Agency;

(b) if the regulations do not require the consent of the Welsh Ministers but
30apply to any part of a Welsh cross-border river basin district, the Welsh
Ministers;

(c) if the regulations do not require the consent of the Scottish Ministers
but apply to any part of a Scottish cross-border river basin district, the
Scottish Ministers;

(d) 35any persons or bodies appearing to the Secretary of State to represent
the interests of those likely to be affected by the regulations.

(7) A “Scottish cross-border river basin district” is a river basin district which is
partly in England and partly in Scotland.

(8) A “Welsh cross-border river basin district” is a river basin district which is
40partly in England and partly in Wales.

(9) Regulations under this section are subject to the negative procedure.

80 Water quality: powers of Welsh Ministers

(1) The Welsh Ministers may by regulations amend or modify any legislation to
which this section applies for the purpose of—

(a) 45making provision about the substances to be taken into account in
assessing the chemical status of surface water or groundwater;

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(b) specifying standards in relation to those substances or in relation to the
chemical status of surface water or groundwater.

(2) This section applies to —

(a) the Water Environment (Water Framework Directive) (England and
5Wales) Regulations 2017 (S.I. 2017/407);

(b) any regulations modifying that legislation made under or by virtue of
the European Union (Withdrawal) Act 2018.

(3) Regulations under subsection (1) may also, in connection with provision made
under subsection (1)(a) or (b), amend or modify legislation to which this
10section applies so as to make provision—

(a) setting objectives in relation to the substances about which the
provision is made, or in relation to the chemical status of surface water
or groundwater (including objectives to maintain specified standards
or to achieve specified standards by specified dates);

(b) 15about how objectives set by the regulations are to be met, including
provision requiring, or otherwise relating to, measures to be taken to
achieve those objectives;

(c) requiring, or otherwise relating to, the monitoring or assessment of any
matter relating to the chemical status of surface water or the chemical
20status of groundwater;

(d) about the classification of bodies of water according to their chemical
status or any matter relating to their chemical status.

(4) Before making regulations under this section the Welsh Ministers must
consult—

(a) 25the Natural Resources Body for Wales;

(b) if the regulations apply to any part of a river basin district which is
partly in Wales and partly in England, the Secretary of State;

(c) any persons or bodies appearing to the Welsh Ministers to represent the
interests of those likely to be affected by the regulations.

(5) 30Regulations under this section may contain only provision which, if contained
in an Act of the National Assembly for Wales, would (disregarding paragraphs
8(1)(c) and 11(1)(a) and (c) of Schedule 7B to the Government of Wales Act
2006) be within the legislative competence of the Assembly.

(6) Regulations under this section are subject to the negative procedure.

81 35Water quality: powers of Northern Ireland Department

(1) The Northern Ireland Department may by regulations amend or modify any
legislation to which this section applies for the purpose of—

(a) making provision about the substances to be taken into account in
assessing the chemical status of surface water or groundwater;

(b) 40specifying standards in relation to those substances or in relation to the
chemical status of surface water or groundwater.

(2) This section applies to —

(a) the Groundwater Regulations (Northern Ireland) 2009 (S.R. (N.I.) 2009
No. 254);

(b) 45the Water Framework Directive (Classification, Priority Substances and
Shellfish Waters) Regulations (Northern Ireland) 2015 (S.R. (N.I.)
2015 No. 351);

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(c) the Water Environment (Water Framework Directive) Regulations
(Northern Ireland) 2017 (S.R. (N.I.) 2017 No. 81);

(d) any regulations modifying that legislation made under or by virtue of
the European Union (Withdrawal) Act 2018.

(3) 5Regulations under subsection (1) may also, in connection with provision made
under subsection (1)(a) or (b), amend or modify legislation to which this
section applies so as to make provision—

(a) setting objectives in relation to the substances about which the
provision is made, or in relation to the chemical status of surface water
10or groundwater (including objectives to maintain specified standards
or to achieve specified standards by specified dates);

(b) about how objectives set by the regulations are to be met, including
provision requiring, or otherwise relating to, measures to be taken to
achieve those objectives;

(c) 15requiring, or otherwise relating to, the monitoring or assessment of any
matter relating to the chemical status of surface water or the chemical
status of groundwater;

(d) about the classification of bodies of water according to their chemical
status or any matter relating to their chemical status.

(4) 20Before making regulations under this section the Northern Ireland Department
must consult any persons or bodies appearing to the Department to represent
the interests of those likely to be affected by the regulations.

(5) Regulations under this section may contain only provision which, if contained
in an Act of the Northern Ireland Assembly, would be within the legislative
25competence of the Assembly and would not require the Secretary of State’s
consent.

(6) Regulations under this section are subject to the negative procedure.

82 Solway Tweed river basin district: power to transfer functions

(1) The Secretary of State may by regulations amend or modify the Solway Tweed
30Regulations in accordance with this section.

(2) The “Solway Tweed Regulations” means the Water Environment (Water
Framework Directive) (Solway Tweed River Basin District) Regulations 2004
(S.I. 2004/99).

(3) The regulations may provide for a function under the Solway Tweed
35Regulations which is exercisable (to any extent)—

(a) by the Secretary of State and the Scottish Ministers jointly,

(b) by the Secretary of State and the Scottish Ministers concurrently, or

(c) only by the Secretary of State or the Scottish Ministers,

to be exercised (to any extent) in another of those ways.

(4) 40The regulations may provide for a function under the Solway Tweed
Regulations which is exercisable (to any extent)—

(a) by the Environment Agency and SEPA jointly,

(b) by the Environment Agency and SEPA concurrently, or

(c) only by the Environment Agency or SEPA,

45to be exercised (to any extent) in another of those ways.

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(5) The regulations may make provision changing the geographical area in
relation to which a function under the Solway Tweed Regulations is
exercisable (or is exercisable by a specified person).

(6) The regulations may also provide—

(a) 5for a function within subsection (3) to be exercisable only with the
consent of, or after consultation with, the Secretary of State or the
Scottish Ministers;

(b) for a function within subsection (4) to be exercisable only with the
consent of, or after consultation with, the Environment Agency, SEPA,
10the Secretary of State or the Scottish Ministers.

(7) The Secretary of State may make regulations under this section only with the
consent of the Scottish Ministers.

(8) Regulations under this section are subject to the negative procedure.

(9) In this section “SEPA” means the Scottish Environment Protection Agency.

83 15Water quality: interpretation

In sections 79 to 82—

  • “groundwater” has the same meaning as in the Water Framework
    Directive;

  • the “Northern Ireland Department” means the Department of
    20Agriculture, Environment and Rural Affairs in Northern Ireland;

  • “river basin district” means an area identified as such by or under any
    legislation to which the section in question applies;

  • “surface water” has the same meaning as in the Water Framework
    Directive;

  • 25“Water Framework Directive” means Directive 2000/60/EC of the
    European Parliament and of the Council establishing a framework for
    Community action in the field of water policy.

Land drainage

84 Valuation of other land in drainage district: England

(1) 30Section 37 of the Land Drainage Act 1991 (apportionment of internal drainage
board’s drainage expenses) is amended in accordance with subsections (2) and
(3).

(2) In subsection (5), in the words before paragraph (a), after “shall” insert “,
subject to subsection (5ZA)”.

(3) 35After subsection (5) insert—

(5ZA) The Secretary of State may by regulations make provision for the value
of other land in an English internal drainage district to be determined
in accordance with the regulations.

(5ZB) The provision that may be made under subsection (5ZA) includes, in
40particular, provision—

(a) about methods to be applied, or factors to be taken into account,
in determining the value of land;

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(b) for the value of land to be determined on the basis of estimates,
assumptions or averages;

(c) for the value of land to be determined by reference to such time
or times as may be specified in the regulations;

(d) 5for the value of land to be determined by reference to the value
shown for the time being in a list or register prepared for the
purposes of another enactment;

(e) for determining the value of land which is only partly within
the internal drainage district in question;

(f) 10for the making of adjustments to what would otherwise be
determined to be the value of land;

(g) for land to be taken to have a nil value.

(5ZC) Regulations under subsection (5ZA) may apply in relation to—

(a) English drainage boards specified in the regulations;

(b) 15English drainage boards of a description specified in the
regulations;

(c) all English drainage boards.

(5ZD) Provision made by virtue of subsection (5ZC) may, in particular,
include provision for an English drainage board—

(a) 20to elect that the regulations are to apply to them, and

(b) to make such an election in accordance with the procedure
specified in the regulations.

(5ZE) Regulations under subsection (5ZA) may—

(a) make different provision for different cases, including different
25provision in relation to different circumstances or different
descriptions of English drainage board or of land;

(b) make such incidental, supplementary, consequential,
transitional, transitory or saving provision as the Secretary of
State considers appropriate.

(5ZF) 30Provision made by virtue of subsection (5ZE)(b) may, in particular,
include provision which amends, repeals or revokes any provision of
an enactment (including this Act).

(5ZG) Before making regulations under subsection (5ZA) the Secretary of
State must consult such persons (if any) as the Secretary of State
35considers appropriate having regard to the extent to which the
regulations are, in the view of the Secretary of State, likely to affect the
valuation of any land.

(5ZH) Regulations may not be made under subsection (5ZA) unless a draft of
the instrument containing the regulations has been laid before, and
40approved by a resolution of, each House of Parliament.”

(4) In section 65(2) of that Act (regulations) after “Subject to” insert “section
37(5ZH)”.

85 Valuation of other land in drainage district: Wales

(1) Section 83 of the Environment (Wales) Act 2016 (which amends the Land
45Drainage Act 1991) is amended as follows.

(2) In subsection (2)—

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(a) for paragraph (a) substitute—

(a) in subsection (5), in the words before paragraph (a),
after “subject to subsection (5ZA)” insert “and subject to
subsection (5A),”;

(b) 5in paragraph (b)—

(i) for the inserted subsection (5A) substitute—

(5A) The Welsh Ministers may by regulations make
provision for the value of other land in a Welsh internal
drainage district to be determined in accordance with
10the regulations.”;

(ii) in each of the inserted subsections (5B) and (5C) for “The
Regulations” substitute “Regulations under subsection (5A)”;

(iii) for the inserted subsection (5D) substitute—

(5D) Before making regulations under subsection (5A) the
15Welsh Ministers must consult such persons (if any) as
they consider appropriate having regard to the extent to
which the regulations are, in their view, likely to affect
the valuation of any land.

(5E) Regulations may not be made under subsection (5A)
20unless a draft of the instrument containing them has
been laid before, and approved by a resolution of, the
National Assembly for Wales.”

(3) For subsection (3) substitute—

(3) In section 65(2) (regulations) after “section 37(5ZH)” insert “and (5E),”.”

86 25Valuation of agricultural land in drainage district: England and Wales

(1) The Land Drainage Act 1991 is amended as follows.

(2) In section 41 (rates charged by reference to annual value of agricultural land
and buildings), in subsection (2), at the end insert—

“This is subject to section 41A below.”

(3) 30After section 41 insert—

41A Alternative method of calculating annual value of agricultural land
and buildings

(1) The appropriate national authority may by regulations make provision
for the annual value of each chargeable property in an internal drainage
35district to be determined for the purposes of this Chapter by the
drainage board for that district in accordance with the regulations.

Any determination made under the regulations is subject to sections 43
and 44 below.

(2) In this section “the appropriate national authority” means—

(a) 40in the case of any English internal drainage district, the
Secretary of State;

(b) in the case of any Welsh internal drainage district, the Welsh
Ministers.

(3) Regulations under subsection (1) may, in particular, make provision—

Environment BillPage 89

(a) about the date by which a drainage board are to determine the
annual value of each chargeable property in their internal
drainage district;

(b) about methods to be applied, or factors to be taken into account,
5in determining the annual value of a chargeable property;

(c) for the annual value of a chargeable property to be determined
on the basis of estimates, assumptions or averages;

(d) for the annual value of a chargeable property to be determined
by reference to such time or times as may be specified in the
10regulations;

(e) for the annual value of a chargeable property to be determined
by reference to the value shown for the time being in a list or
register prepared for the purposes of another enactment;

(f) for the annual value of a chargeable property to be determined
15by reference to the amount payable under a hypothetical
transaction involving the property;

(g) for determining the annual value of a chargeable property
which is only partly within the internal drainage district in
question;

(h) 20for the making of adjustments to what would otherwise be
determined to be the annual value of a chargeable property;

(i) for the determination of the annual value of a chargeable
property to be made on behalf of a drainage board by a person,
or a person of a description, specified in the regulations;

(j) 25about the appointment by the drainage board of such a person.

(4) Provision made by virtue of subsection (3)(f) may, in particular, include
provision as to—

(a) the assumptions to be made about—

(i) the date of the transaction;

(ii) 30the nature of the transaction;

(iii) the characteristics of the parties to the transaction;

(iv) the characteristics of the property;

(v) the terms of the transaction;

(b) any matters relating to the chargeable property which are to be
35taken into account or disregarded;

(c) any matters relating to comparable transactions which are to be
taken into account or disregarded.

(5) Regulations under subsection (1) may make provision which—

(a) applies to a drainage board which have determined the annual
40values of the chargeable properties in their internal drainage
district for the purposes of this Chapter under the regulations
(regardless of whether any of those determinations has been
replaced under section 43 below or altered on appeal under
section 46 below), and

(b) 45requires the drainage board to make further determinations of
those values for those purposes in accordance with the
regulations at such times or at the end of such periods as may
be specified in the regulations.

(6) Provision made by virtue of subsection (5) may, in particular—