NOTICES OF AMENDMENTS
given up to and including
Monday 8th February 1999
New Amendments handed in are marked thus *
CONSIDERATION OF BILL
WATER INDUSTRY BILL
NEW CLAUSE
Provisions for Wales
Mr Dafydd Wigley
Mr Elfyn Llwyd
Mr Ieuan Wyn Jones
Mr Cynog Dafis
NC1
*To move the following Clause:—
'.—(1) Sections 1 to 12 above shall apply in England only.
(2) The National Assembly for Wales shall, within twelve months of this Act receiving Royal Assent, consider the provisions of this Act and make decisions concerning—
(a) whether the provisions of sections 1 to 12, 16 and 17 shall apply in Wales; and
(b) whether to substitute different provisions in the case of Wales in place of the provisions of sections 1 to 12, 16 and 17, dealing with the matters provided for each section.'.
Mr Secretary Prescott
29
*Page 1, line 10 [Clause 1), leave out 'excluded premises' and insert 'any premises specified in Schedule 4A to this Act'.
Mr Secretary Prescott
30
*Page 1, line 11 [Clause 1], leave out from beginning to end of line 2 on page 2 and insert—
'(2) After Schedule 4 to the Water Industry Act 1991 there is inserted, as Schedule 4A, the Schedule set out in Schedule (Schedule to be inserted in the Water Industry Act 1991) to this Act.'.
Mrs Gillian Shephard
Mr Simon Burns
Mr Oliver Letwin
Mrs Caroline Spelman
Mr James Gray
Mr Shaun Woodward
13
Page 1, line 17 [Clause 1], at end insert 'or
(d) a children's home within the meaning of the Children Act 1989.'.
Mrs Gillian Shephard
Mr Simon Burns
Mr Oliver Letwin
Mrs Caroline Spelman
Mr James Gray
Mr Shaun Woodward
14
Page 1, line 17 [Clause 1], at end insert 'or
(d) a nursing home within the meaning of the Registered Homes Act 1984.'.
Mrs Gillian Shephard
Mr Simon Burns
Mr Oliver Letwin
Mrs Caroline Spelman
Mr James Gray
Mr Shaun Woodward
15
Page 1, line 17 [Clause 1], at end insert 'or
(d) a premises dedicated to further education within the meaning of the Education Act 1996.'.
Mrs Gillian Shephard
Mr Simon Burns
Mr Oliver Letwin
Mrs Caroline Spelman
Mr James Gray
Mr Shaun Woodward
16
Page 1, line 17 [Clause 1], at end insert 'or
(d) a premises dedicated to higher education within the meaning of the Education Act 1996.'.
Mrs Gillian Shephard
Mr Simon Burns
Mr Oliver Letwin
Mrs Caroline Spelman
Mr James Gray
Mr Shaun Woodward
17
Page 1, line 17 [Clause 1], at end insert 'or
(d) residential care homes as defined under the Registered Homes Act 1984.'.
Mrs Gillian Shephard
Mr Simon Burns
Mr Oliver Letwin
Mrs Caroline Spelman
Mr James Gray
Mr Shaun Woodward
18
Page 1, line 17 [Clause 1], at end insert 'or
(d) local authority residential care homes as defined under the National Assistance Act 1948'.'.
Mrs Gillian Shephard
Mr Simon Burns
Mr Oliver Letwin
Mrs Caroline Spelman
Mr James Gray
Mr Shaun Woodward
19
Page 1, line 17 [Clause 1], at end insert 'or
(d) dwelling-houses for persons of pensionable age (sheltered accommodation) as defined under the Housing Act 1985.'.
Mrs Gillian Shephard
Mr Simon Burns
Mr Oliver Letwin
Mrs Caroline Spelman
Mr James Gray
Mr Shaun Woodward
20
Page 1, line 17 [Clause 1], at end insert 'or
(d) halls and accommodation for students owned by a university as defined under the Further and Higher Education Act 1992.'.
Mrs Gillian Shephard
Mr Simon Burns
Mr Oliver Letwin
Mrs Caroline Spelman
Mr James Gray
Mr Shaun Woodward
21
Page 1, line 17 [Clause 1], at end insert 'or
(d) prisons for the purposes of the Prison Act 1952.'.
Mrs Gillian Shephard
Mr Simon Burns
Mr Oliver Letwin
Mrs Caroline Spelman
Mr James Gray
Mr Shaun Woodward
22
Page 1, line 17 [Clause 1], at end insert 'or
(d) daycare centres as defined under the Children Act 1989.'.
Mrs Gillian Shephard
Mr Simon Burns
Mr Oliver Letwin
Mrs Caroline Spelman
Mr James Gray
Mr Shaun Woodward
23
Page 1, line 17 [Clause 1], at end insert 'or
(d) business premises occupied by doctors as defined under the Medical Act 1983.'.
Mrs Gillian Shephard
Mr Simon Burns
Mr Oliver Letwin
Mrs Caroline Spelman
Mr James Gray
Mr Shaun Woodward
24
Page 1, line 17 [Clause 1], at end insert 'or
(d) business premises occupied by dentists as defined under the Dentists Act 1984.'.
Mr Secretary Prescott
31
*Page 2, line 7 [Clause 2], leave out 'excluded premises' and insert 'premises specified in Schedule 4A to this Act.'.
Mr Secretary Prescott
32
*Page 2 [Clause 2], leave out lines 26 and 27.
Mrs Gillian Shephard
Mr Simon Burns
Mr Oliver Letwin
Mrs Caroline Spelman
Mr James Gray
Mr Shaun Woodward
25
Page 3 [Clause 4], leave out lines 3 to 13 and insert—
'(2) At the end, there is inserted—
"(6) Before making a charges scheme under this section, a relevant undertaker shall submit a draft of its proposed charges scheme to the Director, and in making the scheme shall take into account any views that the Director may express in relation to it.
(7) A relevant undertaker need only take into account any views expressed by the Director under subsection (6) above which it receives within one month of submitting its draft charges scheme to him.
(8) In expressing any views under subsection (6) above, the Director shall have regard to any guidance issued by the Secretary of State under section 143A(2) below.".'.
Mrs Gillian Shephard
Mr Simon Burns
Mr Oliver Letwin
Mrs Caroline Spelman
Mr James Gray
Mr Shaun Woodward
26
Page 3 [Clause 5], leave out from end of line 19 to end and insert—
'143A.—(1) In making a charges scheme under section 143 above, a relevant undertaker shall have regard to any guidance issued by the Secretary of State in relation to the matters listed in subsection (2) below.
(2) For the purposes of subsection (1) above, the Secretary of State may issue guidance relating to the following—
(a) the factors to be taken into account in relation to the fixing, calculating and imposing of charges;
(b) the making available to consumers of alternative bases of charging; and
(c) the taking into account of the problems faced by the aged, ill and disabled.
(3) The Secretary of State shall arrange for any guidance given by him under subsection (2) above to be published in such a manner as he considers appropriate.'.
Mrs Gillian Shephard
Mr Simon Burns
Mr Oliver Letwin
Mrs Caroline Spelman
29
Page 3 [Clause 5], leave out lines 41 to 47 and insert—
'(a) prescribe in relation to any premises charged by reference to the volume of water supplied the classes of person for whom special provision is to be made by reference either to the financial circumstances of the consumer and the number of the consumer's dependent children or any person who has their home in such premises and who has a medical condition which requires the consumption of a volume of water in excess of a normal household level;'.
Mrs Gillian Shephard
Mr Simon Burns
Mr Oliver Letwin
Mrs Caroline Spelman
Mr James Gray
Mr Shaun Woodward
27
Page 4, line 11 [Clause 5], at end insert—
'(5) Any regulations made under this section shall be subject to affirmative resolution by both Houses of Parliament.'.
Mrs Gillian Shephard
Mr Simon Burns
Mr Oliver Letwin
Mrs Caroline Spelman
30
Page 5, line 48 [Clause 6], at end insert—
'(12) When under subsection (4) the Director upholds a water undertaker's refusal to give effect to a measured charges notice the consumer shall have the right to opt to pay as an alternative to the current charge either:—
(a) a charge assessed by the water undertaker by reference to the estimated volume of water supplied to the premises; or
(b) the water undertaker's average household charge
and any dispute between a water undertaker and a consumer as to the application of (a) above may be referred to the Director for determination under Section 30A above by either party to the dispute.'.
Mrs Gillian Shephard
Mr Simon Burns
Mr Oliver Letwin
Mrs Caroline Spelman
Mr James Gray
Mr Shaun Woodward
28
Page 6, line 33 [Clause 7], at end insert—
'(5) Where a change in occupation of any premises occurs as a result of a change in ownership of those premises, a relevant undertaker may not begin to fix charges in respect of those premises by reference to volume in accordance with subsection 2(b) above unless the purchaser of the premises shall have been notified before the completion of the purchase of the undertaker's intention to begin charging by volume.'.
