Water Bill

Insert the following new Clause—

“Onshore oil or gas activities: effect on water environment

In Part 1 of Schedule 5 to the Environmental Permitting (England and
Wales) Regulations 2010 there shall be inserted after paragraph 13—

Page 107, line 7, leave out “and”

Page 107, line 9, at end insert “, and

(c)   operate over the period of the scheme, to reduce the impact of
flooding on households”

Page 107, line 20, at end insert—

“( )     Within 12 months of this Act coming into force, the Secretary of State must
publish and lay before both Houses of Parliament a report on the ability of
businesses in areas of high flood risk to secure affordable insurance cover.”

Page 107, line 20, at end insert—

“( )     Within 24 months of this Act coming into force, the Secretary of State must
review the effectiveness of the delivery of planning policy in achieving low
levels of flood risk for new developments by examining—

(a)   the system of planning policy delivery,

(b)   the role and effectiveness in reducing flood risk of those
organisations with a duty to cooperate under the Flood and Water
Management Act 2010, or their equivalents in the devolved
administrations, and

(c)   the effectiveness of the delivery of the National Flood Management
Strategy.”

Page 107, line 21, at end insert—

“(8)     Prior to making any regulations under subsection (5), the Secretary of State
shall require the Committee on Climate Change to provide current and
projected estimates of the number of properties that would be eligible for—

(a)   inclusion in the Flood Reinsurance Scheme;

(b)   the value of levy required under section 53; and

(c)   the likelihood of additional levy or contributions being needed
from time to time.”

Page 108, line 16, leave out “may” and insert “will”

Page 108, line 25, at end insert—

“(e)   the need to cooperate with bodies with a “duty to cooperate” under
the Flood and Water Management Act 2010, and the equivalent
bodies in Northern Ireland, Scotland and Wales.”

Page 108, line 25, at end insert—

“(e)   the need to build awareness of local flood risk amongst
beneficiaries of the FR Scheme,

(f)   the need to inform beneficiaries of the FR Scheme of the need to
achieve transition to risk-reflective prices as mentioned in
paragraph (d).”

Page 108, line 26, leave out “may” and insert “shall”

Page 108, line 28, at end insert “, having regard to the following in discharging its
functions—

(a)   the period of the review will be every 5 years, subject to earlier
review if the FR Scheme is not operating effectively,

(b)   evidence of the effectiveness of the FR Scheme and progress on
reducing flood risk will be published as part of the review”

Page 108, line 28, at end insert—

“( )     Regulations under subsection (1) may require the FR Scheme administrator
to produce and publish, in accordance with the regulations, a plan for
minimising the long-term costs of the FR Scheme through the FR Scheme
administrator encouraging, supporting and subsidising flood risk
mitigation.”

Page 108, line 28, at end insert—

“( )     Regulations under subsection (1) may limit the maximum proportion of
insurance claims recoverable through the FR Scheme.”

Page 109, line 30, after “persons” insert “, or descriptions of persons,”

Page 112, line 15, at end insert—

“(7)     In prescribing a target number the Secretary of State shall refer to the
advice of the Committee on Climate Change given under section 51(8).”

Insert the following new Clause—

“Flood Reinsurance Scheme: commencement

(1)     The Secretary of State may by order (the “commencement order”) appoint
a day on which section 51 is to come into force.

(2)     An order under subsection (1)—

(a)   shall be made by statutory instrument; and

(b)   may not be made unless a draft has been laid before and approved
by a resolution of each House of Parliament.

(3)     The Secretary of State may only make an order under subsection (1) if a
Flood Reinsurance Scheme national database has been established.

(4)     Any Flood Reinsurance Scheme national database must—

(a)   be accessible by the public;

(b)   outline a property’s risk of flooding; and

(c)   indicate if the property is covered by the Flood Reinsurance
Scheme.”

Insert the following new Clause—

“Flood Reinsurance Scheme: report

(1)     The Secretary of State must prepare and publish a report on—

(a)   how many properties are not eligible for the Flood Reinsurance
Scheme; and

(b)   the cost of including properties under paragraph (a) in the Flood
Reinsurance Scheme prior to it coming into effect;

and must lay a copy of the report before Parliament.

(2)     The report shall include a breakdown of the cost of including properties
that fall under the category—

(a)   Council Tax band H;

(b)   built between 1 January 2009 and 31 December 2012; and

(c)   built after 1 January 2013.”

Line 13, at end insert—

“(d)   leasehold properties; and

(e)   private rented properties”

Insert the following new Clause—

“Flood reinsurance scheme: eligibility

The FR Scheme should be eligible for all houses built and occupied before
its introduction.”

Line 3, leave out “houses” and insert “freehold and leasehold homes”

Page 114, line 23, at end insert—

“(8A)    The Secretary of State may, by regulation set out the definition of who is a
“person who has a qualifying interest”.

(8B)    Regulations under subsection (8A), may include persons who are—

(a)   the freeholder;

(b)   the leaseholder;

(c)   the owner of a commonhold tenancy,

for a relevant property.”

Insert the following new Clause—

“Flood Reinsurance Scheme: right of appeal

(1)     The Secretary of State shall by order establish a right of appeal for a
household which has been removed from the Flood Reinsurance Scheme.

(2)     The Financial Conduct Authority shall be responsible for the hearing and
administration of appeals under subsection (1).

(3)     An order under subsection (1)—

(a)   shall be made by statutory instrument; and

(b)   may not be made unless a draft has been laid before and approved
by resolution of each House of Parliament.

(4)     An order under subsection (1) must be made before the Flood Reinsurance
Scheme has been implemented.”

Insert the following new Clause—

“Duties of landlords

(1)     In this section—

“landlord” means—

(a)   where the relevant premises are occupied under a lease, the
person for the time being entitled to the reversion expectant
on that lease or who, apart from any statutory tenancy,
would be entitled to possession of the premises; and

(b)   where the relevant premises are occupied under a licence,
the licensor, save that where the licensor is himself a tenant
in respect of those premises, it means the person referred to
in paragraph (a);

“lease” means—

(a)   a lease for a term of less than 7 years; and

(b)   a tenancy for a periodic term; and

(c)   any statutory tenancy arising out of a lease or tenancy
referred to in paragraph (a) or (b),

and in determining whether a lease is one which falls within paragraph (a) above—

(a)   

(a)   any part of the term which falls before the grant shall
be left out of account and the lease shall be treated as
a lease for a term commencing with the grant;

(b)   a lease which is determinable at the option of the
lessor before the expiration of 7 years from the
commencement of the term shall be treated as a lease
for a term of less than 7 years;

(c)   a lease (other than a lease to which paragraph (b)
above applies) shall not be treated as a lease for a
term of less than 7 years if it confers on the lessee an
option for renewal for a term which, together with
the original term, amounts to 7 years or more; and

(d)   a “lease” does not include a mortgage term;

“relevant premises” means premises or any part of premises occupied,
whether exclusively or not, for residential purposes (such
occupation being in consideration of money or money’s worth)
under—

(a)   a lease; or

(b)   a licence;

“statutory tenancy” means a statutory tenancy within the meaning of
section 6 of the Rent Act 1977 (dwelling-houses let with other land)
and section 7 of the Rent (Agriculture) Act 1976 (discretion of court
giving possession);

“tenant” means a person who occupies relevant premises being—

(a)   where the relevant premises are so occupied under a lease,
the person for the time being entitled to the term of that
lease; and

(b)   where the relevant premises are so occupied under a
licence, the licensee.

(2)     Every landlord shall ensure that they hold suitable buildings insurance
against damage from flood for the relevant premises.

(3)     A landlord shall notify a tenant if the relevant premises appear on the
register maintained under section 61.

(4)     A record of the insurance held under subsection (2), or a copy thereof, shall
be made available upon request and upon reasonable notice for the
inspection of any person in lawful occupation of the relevant premises.”

Insert the following new Clause—

“Duty on bodies that issue demands for council tax

There shall be a duty on any body that issues demands for council tax in an
area designated as liable to flooding to include prominently on or with
such demands the information that the relevant property lies within a flood
risk area and information on where relevant advice on flood insurance may
be found.”

Page 120, leave out line 6

Page 120, line 6, at end insert—

“( )     The meaning of “household premises” in regulations under subsection (4)
must include mixed hereditaments.”

Page 120, line 14, at end insert—

“(7)     Except as provided in subsection (8), the definition of “household
premises” in any regulations made for the purposes of this Part must not
include or exclude persons by reason of the premises being (or not being)
owned or occupied by the policyholder or any other person of a specified
description or because the premises are, or are not, owned by, or the
policyholder is or is not, an individual.

(8)     The definition of “household premises” may exclude premises where the
policyholder or the owner of the premises is—

(a)   a corporation or company incorporated by statute or Royal Charter
or under the Companies Acts (other than small companies within
the meaning of section 382 of the Companies Act 2006 or medium
companies within the meaning of section 468 of that Act);

(b)   a person or body specified in paragraph 12 in Schedule 1 to the
Housing Act 1988;

(c)   a registered provider of social housing, or

(d)   an industrial and provident society.”

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,”

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).”

Page 121, line 28, leave out “made by the Secretary of State”

Page 121, line 34, leave out “made by the Secretary of State”

Insert the following new Clause—

“Internal drainage boards: apportionment of drainage expenses

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

(2)     In section 37 (apportionment of drainage expenses), at end insert—

“(f)   in the case of—

(i)   any land to which none of paragraphs (a) to (d)
applies and is it not possible to calculate a value
under paragraph (e)(ii) as the relevant rating lists no
longer exist or cannot be located, or

(ii)   land to which one of paragraphs (a) to (c) does apply
but for which the relevant rating lists no longer exist
or cannot be located,

the Secretary of State may by order define an equivalent measure for valuing the land”.”

Page 218, line 6, leave out sub-paragraph (2)

Page 218, line 14, leave out sub-paragraph (2)

Page 218, line 40, leave out from “(3)(b),” to end of line 41 and insert “after “in one
or more newspapers circulating in that district” insert “and in some other way””

Insert the following new Clause—

“Liability in nuisance for a riparian owner

The Secretary of State may by regulations make provision to limit the
liability in nuisance for a riparian owner when the Environment Agency or
relevant authority withdraws from maintenance of flood defences.”

Insert the following new Clause—

“Duty to provide sewers

In section 101A of the Water Industry Act 1991, in subsection (2)(a) for “on
which there are buildings” substitute “with permanent use and generating
domestic effluent”.”

Page 124, line 3, at end insert—

“(za)   section 33;”

Page 124, line 5, leave out paragraph (b) and insert—

“(b)   section 76;

“(ba)   section 77 and Schedule 11;

(bb)   sections 78 and 79;”

Page 124, line 6, at end insert “and Schedule 12”

Page 124, line 18, leave out paragraph (h)