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Sir Paul Beresford: I shall leave it to the Opposition to look into the cesspits.
If I may answer the hon. Member for Sheffield, Hillsborough (Mrs. Jackson) first, amendment No. 97 inserts a new subsection (3A) into section 142 of the Water Industry Act 1991 and a new subsection (3A) into section 143 of the 1991 Act, which would provide that the costs of complying with the new requirement by the sewerage undertaker will be recoverable by a charges scheme only and spread across customers generally within the area of that undertaker. That acknowledges that there
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will be wider benefits to the local environment beyond those enjoyed by the household connected to the mains sewers.My hon. Friend the Member for Faversham (Sir R. Moate) is correct that it is a problem that is being looked into by the Director General of Water Services. He does not have a jurisdiction and he is considering whether he should suggest that that should happen. However, he has to take into account the fact that in some areas--obviously not in my hon. Friend's area --there is competition in the form of the private sector, so he has to reflect whether, by inhibiting or setting charges, he ruins the effect of competition. I am sure that, of the Members of the House, my hon. Friend would be one who would not wish that to happen.
Amendment agreed to.
Amendments made: No. 97, in page 306, line 5, at end insert-- ` .--(1) Section 142 of that Act (powers of undertakers to charge) shall be amended in accordance with the following provisions of this paragraph.
(2) In subsection (2) (manner in which charging powers to be exercised) for the words "subsection (3)" there shall be substituted the words "subsections (3) and (3A)".
(3) After subsection (3) (restriction on charging by agreement for trade effluent functions) there shall be inserted--
"(3A) The power of a sewerage undertaker to charge, by virtue of subsection (1) above, for any services provided in the course of carrying out its duty under section 101A(1) above shall be exercisable only by or in accordance with a charges scheme under section 143 below."
. In section 143 of that Act (charges schemes) after subsection (3) (charges which may be imposed in certain cases) there shall be inserted--
"(3A) A sewerage undertaker is under a duty to ensure that any charges scheme made by the undertaker, so far as having effect to recover the undertaker's costs of providing a sewer by virtue of its duty under section 101A(1) above, causes those costs to be borne by the undertaker's customers generally; and a sewerage undertaker's duty under this subsection shall be enforceable under section 18 above--
(a) by the Secretary of State; or
(b) with the consent of or in accordance with a general authorisation given by the Secretary of State, by the Director." . Section 151 of that Act shall cease to have effect.'. No. 98, in page 306, leave out lines 23 to 25 and insert-- `(2) In subsection (3)(a) of that section (exception for disclosure of information for purposes of functions under certain enactments)--
(a) for the words "the NRA" there shall be substituted the words "the Environment Agency, the Scottish Environment Protection Agency"; and
(b) for the words "or the Water Act 1989" there shall be substituted the words ", the Water Act 1989, Part I or IIA of the Environmental Protection Act 1990 or the Environment Act 1995". (3) In subsection (4), in paragraph (a) (which provides that nothing in subsection (1) shall limit the matters which may be included in reports made by specified bodies under specified enactments)--
(a) for the words "the NRA" there shall be substituted the words "the Environment Agency, the Scottish Environment Protection Agency"; and
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(b) for the words "or of the Water Resources Act 1991" there shall be substituted the words ", Part I or IIA of the Environmental Protection Act 1990, the Water Resources Act 1991 or the Environment Act 1995".No. 207, in page 316, leave out lines 42 and 43 and insert-- `(aa) requirements for consultation, before the service of a works notice, with persons other than the person on whom that notice is to be served;
(b) steps to be taken for the purposes of any consultation required under subsection (4) above or regulations made by virtue of paragraph (aa) above;'.
No. 208, in page 316, line 46, at end insert--
`(5A) A works notice shall not be regarded as invalid, or as invalidly served, by reason only of any failure to comply with the requirements of subsection (4) above or of regulations made by virtue of paragraph (aa) of subsection (5) above.'.
No. 192, in page 317, line 4, at end insert `former'.
No. 209, in page 317, line 25, at end insert--
`Grant of, and compensation for, rights of entry etc.
161AA.--(1) A works notice may require a person to carry out works or operations in relation to any land or waters notwithstanding that he is not entitled to carry out those works or operations. (2) Any person whose consent is required before any works or operations required by a works notice may be carried out shall grant, or join in granting, such rights in relation to any land or waters as will enable the person on whom the works notice is served to comply with any requirements imposed by the works notice.
(3) Before serving a works notice, the Agency shall reasonably endeavour to consult every person who appearsto it--
(a) to be the owner or occupier of any relevant land, and (b) to be a person who might be required by subsection (2) above to grant, or join in granting, any rights,
concerning the rights which that person may be so required to grant.
(4) A works notice shall not be regarded as invalid, or as invalidly served, by reason only of any failure to comply with the requirements of subsection (3) above.
(5) A person who grants, or joins in granting, any rights pursuant to subsection (2) above shall be entitled, on making an application within such period as may be prescribed and in such manner as may be prescribed to such person as may be prescribed, to be paid by the person on whom the works notice in question is served compensation of such amount as may be determined in such manner as may be prescribed.
(6) Without prejudice to the generality of the regulations that may be made by virtue of subsection (5) above, regulations by virtue of that subsection may make such provision in relation to compensation under this section as may be made by regulations by virtue of subsection (4) of section 35A of the Environmental Protection Act 1990 in relation to compensation under that section. (7) In this section--
"prescribed" means prescribed in regulations made by the Secretary of State;
"relevant land" means--
(a) any land or waters in relation to which the works notice in question requires, or may require, works or operations to be carried out; or
(b) any land adjoining or adjacent to that land or those waters; "works notice" means a works notice under section 161A above.'. No. 210, in page 318, line 13, at end insert--
`(6) This section is subject to section 112 of the Environment Act 1995 (delegation or reference of appeals).'.
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No. 211, in page 318, line 36, at end insert--`150A. In section 162 of that Act (other powers to deal with foul water or pollution) in subsection (1) (which refers to section 161 of that Act) for the words "section 161" there shall be substituted the words "sections 161 to 161C".'.
No. 99, in page 322, leave out lines 43 to 46 and insert-- `150.--(1) Section 204 of that Act (restriction on disclosure of information with respect to any particular business) shall be amended in accordance with the following provisions of this paragraph. (2) In subsection (2)(a) (exception for disclosure of information for purposes of functions under certain enactments)--
(a) for the words "the Authority" there shall be substituted the words "the Agency, the Scottish Environment Protection Agency"; and (b) for the words "or the Water Act 1989" there shall be substituted the words ", the Water Act 1989, Part I or IIA of the Environmental Protection Act 1990 or the 1995 Act".
(3) In subsection (3), in paragraph (a) (which provides that nothing in subsection (1) shall limit the matters which may be included in reports made by specified bodies under specified enactments)--
(a) after sub-paragraph (i), there shall be inserted--
"(ia) the Scottish Environment Protection Agency;"; and (b) for the words "or that Act of 1991" there shall be substituted the words ", Part I or IIA of the Environmental Protection Act 1990, that Act of 1991 or the 1995 Act".
(4) In paragraph (b) of that subsection, after the words "that Act" there shall be inserted the words "of 1991".'.
No. 100, in page 323, line 36, leave out `(local inquiries)' and insert `(inquiries and other hearings)'.
No. 212, in page 324, line 9, after `(b)' insert--
`(i) after the words "161" there shall be inserted the words "to 161C"; and
(ii)'.
No. 101, in page 324, line 31, leave out from beginning to `there' and insert--
`168A. In Schedule 10 to that Act (discharge consents) after paragraph 7 (restriction on variation and revocation of consent and previous variation) there shall be added--
" General review of consents
8.--(1) If it appears appropriate to the Secretary of State to do so he may at any time direct the Authority to review--
(a) the consents given under paragraphs 2 and 5 above, or (b) any description of such consents,
and the conditions (if any) to which those consents are subject. (2) A direction given by virtue of sub-paragraph (1) above-- (a) shall specify the purpose for which, and
(b) may specify the manner in which,
the review is to be conducted.
(3) After carrying out a review pursuant to a direction given by virtue of sub-paragraph (1) above, the Authority shall submit to the Secretary of State its proposals (if any) for--
(a) the modification of the conditions of any consent reviewed pursuant to the direction, or
(b) in the case of any unconditional consent reviewed pursuant to the direction, subjecting the consent to conditions.
(4) Where the Secretary of State has received any proposals from the Authority under sub-paragraph (3) above in relation to any consent he may, if it appears appropriate to him to do so, direct the Authority to do, in relation to that consent, anything mentioned in paragraph 6(2)(b) or (c) above
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(5) A direction given by virtue of sub- paragraph (4) above may only direct the Authority to do, in relation to any consent,-- (a) any such thing as the Authority has proposed should be done in relation to that consent, or(b) any such thing with such modifications as appear to the Secretary of State to be appropriate."
169. For that Schedule'.
No. 102, in page 324, line 41, at end insert--
`(1A) Regulations made by the Secretary of State may make provision for enabling the Agency to direct or determine that any such advertising of an application as is required under sub-paragraph (1)(b) above may, in any case, be dispensed with if, in that case, it appears to the Agency to be appropriate for that advertising to be dispensed with.'.
No. 103, in page 329, line 54, at end insert--
` General review of consents
8A.--(1) If it appears appropriate to the Secretary of State to do so he may at any time direct the Agency to review--
(a) the consents given under paragraph 3 or 6 above, or (b) any description of such consents,
and the conditions (if any) to which those consents are subject. (2) A direction given by virtue of sub-paragraph (1) above-- (a) shall specify the purpose for which, and
(b) may specify the manner in which,
the review is to be conducted.
(3) After carrying out a review pursuant to a direction given by virtue of sub-paragraph (1) above, the Agency shall submit to the Secretary of State its proposals (if any) for--
(a) the modification of the conditions of any consent reviewed pursuant to the direction, or
(b) in the case of any unconditional consent reviewed pursuant to the direction, subjecting the consent to conditions.
(4) Where the Secretary of State has received any proposals from the Agency under sub-paragraph (3) above in relation to any consent he may, if it appears appropriate to him to do so, direct the Agency to do, in relation to that consent, anything mentioned in paragraph 7(2)(b) or (c) above
(5) A direction given by virtue of sub-paragraph (4) above may only direct the Agency to do, in relation to any consent,-- (a) any such thing as the Agency has proposed should be done in relation to that consent, or
(b) any such thing with such modifications as appear to the Secretary of State to be appropriate.'.
No. 104, in page 337, line 46, at end insert--
` . In section 34(1) of that Act (which, with certain exceptions, makes it an offence to disclose certain trade secrets) after paragraph (b) (no offence where disclosure made in accordance with directions) there shall be inserted--
"(bb) under or by virtue of section (Disclosure of information) of the Environment Act 1995, or'.
No. 27, in page 339, line 7, leave out
`42, 46 and 56(1) to (4)'
and insert
`42B, 46 to 46C and 56(1) to (3)'.
No. 28, in page 339, line 19, at end insert--
`( ) In Schedule 13 to that Act (minor and consequential amendments) in paragraph 75(27) (which amends certain provisions of the Sewerage (Scotland) Act 1968) for the words from the beginning to "premises)" there shall be substituted the words "In section 53 (notices to be in writing)".'.-- [Mr. Atkins.]
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Schedule 23
Transitional and transitory provisions and savings
Amendment made: No. 105, in page 347, line 42, at end insert-- ` The Water Industry Act 1991
.--(1) Where, before the coming into force of the repeal by this Act of section 151 of the Water Industry Act 1991 (financial contributions to rural services), the Secretary of State has received an application from a relevant undertaker for a contribution under that section, he may, notwithstanding the coming into force of that repeal--
(a) give any such undertaking for any contribution sought by that application as he could have given under that section prior to the coming into force of that repeal;
(b) make any payments provided for in an undertaking given by virtue of this sub-paragraph.
(2) Notwithstanding the coming into force of the repeal by this Act of that section--
(a) the Secretary of State may make any payments provided for in an undertaking given by him under that section prior to the coming into force of that repeal;
(b) subsection (4) of that section (withholding and reduction of contributions) shall--
(i) continue to have effect in relation to contributions which the Secretary of State, before that repeal of that section, gave an undertaking under that section to make; and
(ii) have effect in relation to contributions which the Secretary of State has, by virtue of sub-paragraph (1) above, undertaken to make.'.-- [Mr. Atkins.]
Schedule 24
Repeals and revocations
Amendments made: No. 106, in page 357, line 29, column 3, leave out `7(8)' and insert `7(2) and (8)'.
No. 213, in page 359, column 3, leave out line 35.
No. 107, in page 361, line 16, column 3, at end insert--
`(aa) paragraph 1(13);'.
No. 108, in page 362, line 7, column 3, at end insert--
`Section 151.'.
No. 109, in page 365, line 58, after `42(11)(a)' insert `, 168A'.-- [Mr. Atkins.]
Order for Third Reading read.--[Queen's consent and Prince of Wales's consent signified.]
12.11 am
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