Session 2013-14
Other Public Bills before Parliament
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Water Bill
to be moved
on report
[Supplementary to the Marshalled List]
After Clause 50
LORD WHITTY
LORD GRANTCHESTER
Insert the following new Clause—
In Part 1 of Schedule 5 to the Environmental Permitting (England and
Wales) Regulations 2010 there shall be inserted after paragraph 13—
“Onshore oil or gas activities—effect on water environment
13A (1) Without prejudice to the operation of Regulation 35(2) and
paragraph 5(1)(d) of Schedule 10 and of Regulation 35(2) and
paragraph 7(j) of Schedule 20, the regulator shall refuse an
application for the grant or variation of an environmental permit
or for the transfer in whole or in part of an environmental permit
if—
(a) the regulated facility to which the application for or
transfer of the environmental permit relates is to be
carried on as part of an onshore oil or gas activity; and
(b) the regulator is not satisfied that the applicant or the
proposed transferee has made or will make adequate
financial provision for preventing or mitigating pollution
of the water environment, by ensuring all of the
following—
(i) operation of the regulated facility in accordance
with the environmental permit;
(ii) compliance with any enforcement notice or
suspension notice or prohibition notice or mining
waste facility closure notice or landfill closure
notice which may be served on the applicant or
transferee by the regulator under these
Regulations;
(iii) compliance with any order of the High Court
which may be obtained against the applicant or
transferee under Regulation 42 for the purpose of
securing compliance with any of the notices listed
in sub-paragraph (ii);
(iv) compliance with any order of any court issued
under Regulation 44 against the applicant or
transferee; and
(v) recovery by the regulator of its costs upon any
exercise of its power against the applicant or
transferee under Regulation 57;
(c) for the purpose of this paragraph “onshore oil or gas
activity” means any activity for the purpose of
exploration for or extraction of onshore oil and gas;
(d) for the purpose of this paragraph “adequate provision by
way of financial security” means financial provision
which is sufficient in value, secure and available when
required.”.”
Clause 51
LORD WHITTY
LORD GRANTCHESTER
Page 108, line 19, at end insert—
“( ) 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.
( ) The Secretary of State shall use the advice of the Committee on Climate
Change when prescribing a target number under section 58(1).”
After Clause 51
LORD WHITTY
LORD GRANTCHESTER
Insert the following new Clause—
Scheme
(1) The Secretary of State must prepare and publish a report on the basis of the
inclusion and exclusion of leasehold and tenanted properties in the FR
Scheme.
(2) The report shall include a breakdown of—
(a) the total number of leasehold and tenanted properties which are in
the risk areas covered by the FR Scheme;
(b) the number of leasehold and tenanted properties where the land is
controlled by large multisite commercial operators;
(c) the number of leasehold and tenanted properties which are owned
by smaller landlord operators; and
(d) the cost of including in the FR Scheme properties in paragraph (a)
and each of paragraphs (b) and (c).
(3) The Secretary of State must lay a copy before Parliament within 6 months
of this Act coming into force.”
Clause 54
LORD DE MAULEY
Page 110, line 23, leave out paragraph (a)
Clause 56
LORD DE MAULEY
Page 111, line 14, 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.”
Page 111, line 19, 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;
(e) the unique address reference number allocated to the
premises by the Valuation Office of Her Majesty’s Revenue
and Customs.”
Page 111, line 20, leave out subsection (3) and insert—
“(3) The Secretary of State may by regulations amend the definition of “relevant
HRMC 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).”
After Clause 56
LORD WHITTY
LORD GRANTCHESTER
Insert the following new Clause—
(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.”
After Clause 63
LORD WHITTY
LORD GRANTCHESTER
Insert the following new Clause—
(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.”
Clause 71
LORD DE MAULEY
Page 122, line 17, at end insert—
“( ) regulations under section 56,”
Clause 80
LORD DE MAULEY
Page 125, line 6, after “56” insert “, so far as relating to the power to disclose
information under section 56(1)(a)”