S.C.A.
Amendment Paper as at
Thursday 14th January 1999
STANDING COMMITTEE A
WATER INDUSTRY BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [15th December], as follows:—
Clauses 1 to 12; Schedule 1; Clauses 13 to 15; Schedules 2 and 3; remaining Clauses; new Clauses; new Schedules.
NEW CLAUSES
Charging by reference to council tax bands
Mr Tom Brake
Mr Donald Gorrie
NC1
To move the following Clause:—
'1.—(1) Section 145 of the Water Industry Act 1991 shall be amended in accordance with subsections (2) and (3) below.
(2) In subsection (2)(a), for "2000" there shall be substituted "2001"
(3) After subsection (2) there shall be inserted—
"(2A) All occupiers of premises who are required to pay for services for the period including 31st March 2001 by a charges scheme that makes reference to a rating valuation list shall, from 1st April 2001, have their charges scheme replaced by a scheme based on the council tax band valuation of the premises as fixed by a valuation under the Local Government Finance Act 1992.'.
Liability of owners for charges
Mr Tom Brake
Mr Donald Gorrie
NC2
To move the following Clause:—
'After section 144 of the Water Industry Act 1991, there is inserted—
"Liability of owners for charges
144A. Whenever under section 144 above a service is taken to be provided to an occupier of premises who is a licensee of those premises, or a tenant for a fixed term of less than twelve months of those premises, such service shall, for the purposes of section 144 above, be taken to be provided to the owner for the time being of those premises".'.
Payment of charges by the Secretary of State
Mr Tom Brake
Mr Donald Gorrie
NC3
To move the following Clause:—
After Chapter II of Part V of the Water Industry Act 1991, there is inserted:—
"CHAPTER III
PAYMENT OF BENEFITS
Payment of charges by the Secretary of State
154A (1) Regulations under section 5 of the Social Security Administration Act 1992 shall include provision for:—
(a) the payment direct by the Secretary of State to relevant undertakers of any charges owing under this Part by the recipients of the benefits listed in that section; and
(b) the Secretary of State's obligation to make such payments to rank immediately after his obligation to make payments of mortgage interest under section 15A of the 1992 Act.
(2) The Secretary of State shall make such regulations within three months of the day on which this Act is passed.".'.
Time-limiting all abstraction licences
Mr Tom Brake
Mr Donald Gorrie
NC4
To move the following Clause:—
'.—Section 61 of the Water Resources Act 1991 (Compensation where licence modified on direction of the Secretary of State) shall be replaced by the following:
"61(1) Each instrument signifying a licence to abstract water in pursuance of section 38 of this Act shall specify a period during which no notice in pursuance of section 52 is to be served in respect of the licence without the written agreement of a person making an abstraction in pursuance of the licence; and the said period shall be a reasonable period of not less than two years beginning with the day on which the licence takes effect.
(2) Each notice served in pursuance of section 52 (except a notice which only revokes a licence or conditions) shall specify a period during which a subsequent notice in pursuance of that section which alters the effect of the first-mentioned notice is not to be served without the written agreement of a person making an abstraction in pursuance of the licence to which the first-mentioned notice relates; and the said period shall be a reasonable period of not less than two years beginning with the day on which the first-mentioned notice is served.
(3) Nothing in the preceding provisions of this section shall prohibit a notice in pursuance of section 52 from being served without such written agreement as is mentioned in those provisions and during the period specified in any relevant instrument or notice by virtue of those provisions, if the Agency (or, in the case of a notice served by virtue of section 55, the Secretary of State) considers that it is necessary to serve the notice in order to provide proper protection for persons likely to be affected by abstractions which could lawfully be made apart from the notice.
(4) Where a notice is served by the Agency by virtue of the preceding subsection, the Agency shall be liable to pay compensation to the recipient of the notice unless it is served in pursuance of the said subsection (1) and not by virtue of the said subsection (2), and it states that in the opinion of the Agency the notice is required:
(a) in consequence of a change of circumstances (which may include a change in the information available as to the abstractions to which the notice relates or as to the interaction of those abstractions with other abstractions or matter) which has occurred since the day mentioned in subsection (1) or, as the case may be subsection (2) of this section and could not reasonably be foreseen on that day, and
(b) otherwise than in consequence of licences given in pursuance of section 38 after that day,
and states these reasons for the opinion.".'.
Establishment of a Water Savings Trust
Mr Tom Brake
Mr Donald Gorrie
NC5
To move the following Clause:—
'.—In section 93A of the Water Industry Act 1991 (Duty to promote the efficient use of water), after subsection (1) there shall be inserted—
"(1A) It shall be the duty of the Secretary of State to set up a national body, that will be known as the Water Savings Trust, providing for the giving of grants (which may take the form of a free installation service), information service and advice to householders to encourage the installation of—
(a) low flush lavatories,
(d) other fittings having the purpose of promoting the efficient use of water.
(1B) In subsection (1A) above "low flush lavatories" means such fittings as are designed to operate efficiently with a flushing volume of 6 litres or less and "gravity fed" means without the unnecessary assistance of any pump.
(1C) The costs to undertakers of setting up such a Trust as referred to in subsection 1A above shall be covered by a levy placed on each water undertaker.".'.
Powers of undertakers to fix charges
Mr Shaun Woodward
NC6
To move the following Clause:—
'After section 142(4) of the Water Industry Act 1991, there shall be inserted—
"(4A) The power of a relevant undertaker under subsection (4) above shall include the power to obtain and use information on and to fix charges by reference to council tax valuation bands determined under section 5 of the Local Government Act 1992.".'.
