Water Bill [HL]

House of Commons portcullis

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

Water Bill [HL]

Water Bill [HL]

EXPLANATORY NOTES
Explanatory notes to the Bill, prepared by the Department for Environment, Food
and Rural Affairs, will be published separately as Bill 149—EN.
EUROPEAN CONVENTION ON HUMAN RIGHTS
Secretary Margaret Beckett has made the following statement under section 19(1)(a)
of the Human Rights Act 1998:
In my view the provisions of the Water Bill [HL] are compatible with the Convention
rights.

Bill 149 53/2

Water Bill [HL]

Contents
Part 1
Abstraction and impounding
Restrictions on abstraction and impounding
      1         Duty to conserve water resources
      2         Protection of inland surface waters, transitional waters, coastal waters and
groundwater
      3         Licences to abstract water
      4         Restrictions on impounding
      5         Existing impounding works
      6         Existing impounding works: works notices
      7         Rights of navigation, harbour and conservancy authorities
      8         Rights to abstract small quantities
      9         Rights to abstract for drainage purposes, etc
      10         Amendments relating to section 9
      11         Power to provide for further exemptions
      12         Orders under section 33 of the WRA, etc
Applications for a licence
      13         Who may apply for a licence
      14         Abolition of combined licences
      15         Applications: types of abstraction licence
      16         Publication of application for licence
Consideration of licence applications
      17         General consideration of licence applications
      18         Protection from derogation
      19         Protected rights
      20         Register of certain protected rights
Form, contents and effect of licences
      21         Form, contents and effect of licences
      22         Limited extension of abstraction licence validity

Bill 149 53/2

Water Bill [HL]
iv

Modification of licences
      23         Modification of impounding licences
      24         Proposals for modification at instance of Agency or Secretary of State
Transfer and apportionment of licences
      25         Transfer and apportionment of licences
Claims and compensation
      26         Claims arising out of water abstraction
      27         Compensation for modification of licence on direction of Secretary of State
      28         Recovery of compensation from new licence-holder
      29         Withdrawal of compensation for certain revocations and variations
Water resources management schemes
      30         Water resources management schemes: other abstractors
      31         Water resources management schemes: referral to Secretary of State
Enforcement
      32         Enforcement notices, and related procedures and offences
      33         Appeals against enforcement orders
Miscellaneous
      34         Bulk supplies
      35         Visiting forces
      36         Application of certain water resources provisions to this Act
Part 2
New regulatory arrangements, etc
Establishment, etc of new bodies
      37         Water Services Regulation Authority
      38         Consumer Council for Water
      39         Transfer to Authority and Council of functions, property etc
      40         Conditions relating to costs of water regulation
      41         Forward work programmes and annual reports
Objectives of regulation of water industry
      42         Objectives and duties under WIA
      43         Guidance to Authority on social and environmental matters
      44         Standards of performance in relation to water supply
      45         Standards of performance in relation to sewerage services
Functions of the Council
      46         General functions of the Council
      47         Provision of information to the Council

Water Bill [HL]
v

      48         Provision of statistical information to consumers etc
      49         Consumer complaints
      50         Investigations by the Council
Enforcement of obligations
      51         Financial penalties
      52         Enforcement of certain provisions
Remuneration and standards of performance
      53         Links between directors’ pay and standards of performance
Miscellaneous
      54         Reasons for decisions
      55         Co-operation between water regulators
The Competition Commission
      56         Specialist members of the Competition Commission
      57         Determination references under section 12 of the WIA
      58         Conditions of appointments under the WIA
Licensing of water suppliers
      59         Licensing of other water suppliers
Part 3
Miscellaneous
The Drinking Water Inspectorate
      60         The Chief Inspector of Drinking Water and the Drinking Water Inspectorate
Water fluoridation
      61         Fluoridation of water supplies
Water resale
      62         Charges for services provided with the help of an undertaker
Penalties
      63         Abstraction and impounding offences
      64         Supplying water unfit for human consumption
Water resources management plans
      65         Water resources management plans

Water Bill [HL]
vi

Drought
      66         Drought plans
      67         Drought orders and drought permits: charges
      68         Procedure at local inquiries
Land drainage and flood defence
      69         Revocation of local flood defence schemes
      70         Membership of regional flood defence committees in Wales
      71         Regional flood defence committees
      72         Grants for drainage works and flood warning systems
Information
      73         Information
Powers of entry
      74         Extension of Environment Agency’s powers of entry
Environment Agency’s general water resources duty
      75         Efficient use of water resources
Border rivers
      76         Border rivers
Reservoirs
      77         Environment Agency to be enforcement authority under the Reservoirs Act
1975
      78         Extension of enforcement authority’s reserve powers
      79         Service of documents
      80         Flood plans: large raised reservoirs
      81         National security
      82         Offences
      83         Crown application
Water conservation
      84         Water conservation: requirements on relevant undertakers
      85         Water conservation by public authorities
Fire hydrants
      86         Fire hydrants
Coal mine water pollution
      87         Control of water from coal mines

Water Bill [HL]
vii

Contaminated land
      88         Contaminated land: pollution of controlled waters
Discharge consents
      89         Transfer of discharge consents
Trade effluent consents
      90         Trade effluent consents
      91         Trade effluent consents: conditions of consent
Water mains, etc
      92         Water main requisitions: financial conditions
      93         Water main requisitions: calculation of payments
      94         Self-lay and adoption of water mains and service pipes
Sewers and drains
      95         Requisition and adoption of sewers
      96         Provision of public sewers otherwise than by requisition
      97         Requisition of lateral drains
      98         Adoption of lateral drains
      99         Requisitioning and adoption of lateral drains: supplementary
      100         Communication with public sewers
Part 4
Supplementary
      101         Devolution: Wales
      102         Minor and consequential amendments and repeals
      103         Specific transitional and transitory provisions
      104         Powers to make further supplementary, consequential and transitional
provision, etc
      105         Regulations and orders
      106         Interpretation, commencement, short title, and extent
                  Schedule 1                     —                     The Water Services Regulation Authority
                  Schedule 2                     —                     The Consumer Council for Water
                  Schedule 3                     —                     Further provisions about transfers of functions, property etc
                  Schedule 4                     —                     Licensing of water suppliers
                  Schedule 5                     —                     Powers of entry under the Coal Industry Act 1994
                  Schedule 6                     —                     Compulsory purchase under the Coal Industry Act 1994
                  Schedule 7                     —                     Minor and consequential amendments
                  Part 1                    —                     Abstraction and impounding
                  Part 2                    —                     New regulatory arrangements, etc
                  Part 3                    —                     Miscellaneous

Water Bill [HL]
viii

                  Schedule 8                     —                     Minor and consequential amendments: licensing of water
suppliers etc
                  Schedule 9                     —                     Repeals
                  Part 1                    —                     Abstraction and impounding
                  Part 2                    —                     New regulatory arrangements, etc
                  Part 3                    —                     Miscellaneous and supplementary

© Parliamentary copyright 2003
Revised 14 July 2003