Vote Bundle Text (930912-05)

Amendments proposed to the Water Bill [Lords] - continued	House of Commons

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Mr Bill Wiggin
Mr George Osborne
Mr Robert Key
Norman Baker
Sue Doughty

Clause 47, page 55, line 37, at end add—

'(5) On receipt of a notice given to it under subsection (4), the Council may refer the failure to a person appointed under section 27K(3).'.

Mr Bill Wiggin
Mr George Osborne
Mr Robert Key
Norman Baker
Sue Doughty

Clause 47, page 55, line 42, leave out from 'unincorporate)' to end of line 20 on page 56 and insert 'may be published in the exercise of the Council's function under this section if—

(a)	the individual or body has consented to the disclosure; or

(b)	the benefit to the interests of consumers from publishing the information would, in the opinion of the Council, be greater than any prejudicial effect to the interests of the individual or body.'.

Mr Bill Wiggin
Mr George Osborne
Mr Robert Key
Norman Baker
Sue Doughty

Clause 47, page 57, leave out lines 8 to 12 and insert—

'(1) The body to whom a direction is given may refuse to supply information which relates to—

(a)	national security,

(b)	court proceedings,

(c)	internal discussions or deliberations.'.

Mr Bill Wiggin
Mr George Osborne
Mr Robert Key
Norman Baker
Sue Doughty

Clause 47, page 57, leave out lines 13 to 16.

Mr Bill Wiggin
Mr George Osborne
Mr Robert Key
Norman Baker
Sue Doughty

Clause 47, page 57, line 22, leave out 'whether under subsection (2) above or' and insert 'under'.

Mr Bill Wiggin
Mr George Osborne
Mr Robert Key

Clause 49, page 59, line 39, at end insert—

'(12A) Where a report is made to the Authority pursuant to subsection (10), and the report shows that, in the opinion of the Council, the relevant undertaker (in respect of any matter relating to its functions) by failing properly to consult the complainant, or by acting unreasonably caused the complainant to suffer loss or damage or be subjected to inconvenience, the Authority may direct the relevant undertaker to pay to the complainant an amount, not exceeding £5000, in respect of that loss, damage or inconvenience.

(12B) The Authority shall not direct a relevant undertaker to pay an amount to a complainant pursuant to subsection (12A) in respect of any loss, damage or inconvenience for which compensation is recoverable under any other enactment except in so far as it appears to be appropriate to do so by reason of the failure of the amount of any such compensation to reflect the fact that it was not reasonable for the relevant undertaker to cause the complainant to sustain the loss or damage or to be subjected to the inconvenience.

(12C) The Authority shall not make a direction pursuant to subsection (12A) unless it has given the relevant undertaker and the customer the opportunity to submit evidence and make representations.

(12D) A person to whom any amount is directed to be paid by a direction under this section shall be entitled to recover that amount from the relevant undertaker against whom the direction is made by virtue of this section.

(12E) The Secretary of State may by regulations substitute a different amount for the amount for the time being specified in subsection (12A).'.

Norman Baker
Sue Doughty

154

Clause 49, page 59, line 39, at end insert—

Mr Bill Wiggin
Mr George Osborne
Mr Robert Key
Norman Baker
Sue Doughty

Clause 50, page 60, leave out from beginning of line 25 to end of line 3 on page 61 and insert 'may be in a report under subsection (4) if—

(a)	the individual or body has consented to the disclosure; or

(b)	the benefit to the interests of consumers from publishing the information would, in the opinion of the Council, be greater than any prejudicial effect to the interests of the individual or body.'.

Mr Bill Wiggin
Mr George Osborne
Mr Robert Key

Clause 51, page 62, line 6, leave out from 'penalty' to end of line 7.

Mr Bill Wiggin
Mr George Osborne
Mr Robert Key

Clause 51, page 65, leave out lines 2 to 5.

Mr Bill Wiggin
Mr George Osborne
Mr Robert Key

100

Clause 51, page 65, line 41, at end insert—

'(ab)

that the imposition of the penalty was based on an error of law or fact;

(ac)	that the amount of the penalty was unreasonable;'.

Mr Bill Wiggin
Mr George Osborne
Mr Robert Key

Clause 51, page 65, line 47, leave out 'or any portion of it'.

Mr Bill Wiggin
Mr George Osborne
Mr Robert Key

Clause 52, page 66, line 40, leave out subsection (3).

Mr Bill Wiggin
Mr George Osborne
Mr Robert Key

Clause 53, page 67, leave out lines 29 to 36.

Mr Bill Wiggin
Mr George Osborne
Mr Robert Key

Clause 53, page 67, leave out lines 37 to 43.

Mr Bill Wiggin
Mr George Osborne
Mr Robert Key

Clause 53, page 68, line 6, leave out from 'it' to end of line 8.

Mr Bill Wiggin
Mr George Osborne
Mr Robert Key

Clause 54, page 69, line 11, leave out from 'decision' to end of line 13.

Mr Bill Wiggin
Mr George Osborne
Mr Robert Key

Clause 55, page 69, line 32, at end insert—

(e)	the Drinking Water Inspectorate'.

NEW CLAUSES RELATING TO CLAUSE 33 AND PART 2

Regulatory methodology

Mr Bill Wiggin
Mr George Osborne
Mr Robert Key

NC5

To move the following Clause:—

'After section 2 of the WIA there is inserted—

"2B.Regulatory methodology (1) The Authority shall prepare and publish a statement of policy with respect to its determination of charges in periodic reviews and interim determinations under all or any of the instruments of appointment of companies as relevant undertakers made by virtue of Part II of this Act.

(2) The Authority's statement of policy under this section shall include a statement of its policy with regard to the following matters—

(a)	the carrying out of its duties under this Act insofar as they relate to its determination of charges;

(b)	the matters to be taken into account and the methodologies to be applied in its determination of charges; and

(c)	the extent to which the performance of functions by persons with powers and duties conferred or imposed by or under this Act or any other enactment are relevant to its determination of charges.

(3) The Authority shall determine charges in periodic reviews and interim determinations under a company's instrument of appointment as a relevant undertaker on the basis of the most recently published statement of policy.

(4) The Authority may revise its statement of policy and where it does so shall publish the revised statement.

(5) Publication under this section shall be in such manner as the Authority considers appropriate for the purpose of bringing the matters contained in the statement of policy to the attention of persons likely to be affected by them and shall not be made less than twelve months before a periodic review.

(6) When preparing or revising its statement of policy under this section, the Authority shall consult relevant undertakers and such other persons as it considers appropriate, subject to the requirements of subsection (7) below.

(7) For the purposes of subsection (6) above—

(a)	consultation shall be by way of written notice given by the Authority not less than six months prior to the publication of the statement of policy which it is preparing or revising;

(b)	such notice shall state—

(i)	the matters which the Authority proposes to publish in its statement of policy and its reasons for including them in the statement; and

(ii)	a period of not less than three months within which that person may give written notice of objection with respect to the matters referred to in the notice; and

(c)	the Authority shall give each person a reasonable opportunity to make oral representations to it on the matters referred to in the notice.

(8) The Authority shall not issue or publish a statement of policy unless—

(a)	no notice of objection to the policy is given to the Authority within the time period specified in its notice under subsection (7); or

(b)	if one or more relevant undertakers gives notice of objection to the Authority within that time—

(i)	the proportion (expressed as a percentage) of the relevant undertakers who have given notice of objection is less than such percentage as may be prescribed; and

(ii)	the percentage given by subsection (9) is less than such percentage as may be prescribed.

(9) The percentage given by this subsection is the proportion (expressed as a percentage) of the relevant undertakers who have given notice of objection, weighted according to their market share in such manner as may be prescribed.

(10) If the conditions referred to in subsection (8) are not met, the Authority shall (within three months of its receipt of the first or only notice of objection) refer the policy to the Competition Commission for review.

(11) Where a reference is made to the Competition Commission under this section, it shall be the duty of the Competition Commission to determine whether the policy which is the subject of the reference operates in a manner best calculated to fulfil the duties of the Authority arising under this Act.

(12) Where a reference is made to the Competition Commission under this section, the Authority shall not prepare or revise its statement of policy other than on the basis of the determinations of the Competition Commission.

(13) The Secretary of State may by regulations make such provision as he considers appropriate for regulating the procedure to be followed with respect to any reference to the Competition Commission under this section.

(14) Without prejudice to the generality of the power conferred by subsection (13) above, regulations under that subsection may, in relation to any such reference, apply (with or without modifications) the provisions of any enactment relating to the references to the Competition Commission under the provisions of this Act, the Fair Trading Act 1973 (c. 41) or the Competition Act 1998 (c. 41).".'.