Water Bill

AmendmentS
to be moved
on REPORT

Schedule 5

LORD DE MAULEY

 

Page 171, line 42, 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following words are repealed—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)”.”

 

Page 172, line 11, 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by Schedule 7) is repealed (if not previously repealed by an order under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).”

Clause 8

LORD DE MAULEY

 

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.”

 

Page 10, line 33, leave out “40I” and insert “40J”

 

Page 11, line 2, 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.”

 

Page 11, line 37, leave out “40I” and insert “40J”

 

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.”

 

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
40A(2) if an order under section 40(3) or 40A(1) were being
considered in relation to the agreement or proposed agreement.”

 

Page 12, line 28, at end insert—

“(aa)   consult the appropriate agency;”

 

Page 12, line 29, after “such” insert “other”

 

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.”

 

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).””

 

Page 17, line 38, leave out “40I” and insert “40J”

Clause 12

LORD DE MAULEY

 

Page 46, line 9, 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

LORD DE MAULEY

 

Page 52, line 33, 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.”

 

Page 52, line 35, after “(6)” insert “or (6ZC)”

Clause 24

LORD DE MAULEY

 

Page 64, line 15, leave out “and”

 

Page 64, line 16, leave out “may” and insert “must”

 

Page 64, line 16, leave out “amongst other things” and insert “and

(c)   may have regard to such other matters as the Secretary of
State thinks fit.”

 

Page 65, line 11, leave out “and”

 

Page 65, line 12, leave out “may” and insert “must”

 

Page 65, line 12, leave out “amongst other things” and insert “and

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

Clause 37

LORD DE MAULEY

 

Page 87, line 19, at end insert—

“( )     In section 213 (powers to make regulations), in subsection (1A) (affirmative
resolution procedure to apply on first exercise of power), for “each of
sections 89 and 90 above, the instrument” there is substituted “—

(a)   each of sections 89 and 90, and

(b)   each of sections 207A and 207C and Schedule 16;

the instrument”

Clause 39

LORD DE MAULEY

 

Page 91, line 31, leave out from “section” to “House” in line 32 and insert “may not
be made unless a draft of the instrument has been laid before, and approved by a
resolution of, each”

 

Page 91, line 34, leave out from “section” to “the” in line 35 and insert “may not be
made unless a draft of the instrument has been laid before, and approved by a
resolution of,”

 

Page 91, leave out lines 36 to 48

Schedule 7

LORD DE MAULEY

 

Page 175, line 20, 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.””

 

Page 176, line 7, 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”;”

 

Page 176, line 9, leave out ““153,”” and insert “the end”

 

Page 176, line 12, leave out from “3A),” to end of line 17 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)   section 42 of the Water Act 2014.””

 

Page 176, line 18, leave out paragraphs (c) and (d) and insert—

“( )   paragraphs (b) and (c) are repealed.”

 

Page 202, line 10, 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)”.”

 

Page 205, line 25, 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).””

 

Page 210, line 27, at end insert—

“      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).”

Clause 49

LORD DE MAULEY

 

Page 107, line 18, leave out subsection (12) and insert—

“(12)    If the statutory instrument contains any regulations which, on their own,
would make the instrument subject to the affirmative resolution
procedure, the instrument is subject to that procedure.”

Clause 80

LORD DE MAULEY

 

Page 125, line 18, after “water” insert “or sewerage”

 

Page 125, line 36, 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 12

LORD DE MAULEY

 

Page 232, line 23, leave out “paragraph 3” and insert “this Schedule”

 

Page 232, line 25, leave out “(as amended by section 2 of this Act)”

 

Page 232, line 29, leave out “(as inserted by section 4 of this Act)”

Prepared 19th March 2014