S.C.D.
Amendment Paper as at
Thursday 18th September 2003
STANDING COMMITTEE D
WATER BILL [LORDS]
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [16th September].
Norman Baker
Sue Doughty
187
Clause 13, page 15, leave out lines 31 and 32.
Mr Bill Wiggin
Mr George Osborne
Mr Robert Key
29
Page 15, line 37, leave out Clause 14.
Norman Baker
Sue Doughty
188
Clause 15, page 16, line 6, leave out 'ought to be' and insert 'will be considered as if'.
Norman Baker
Sue Doughty
189
Clause 15, page 16, line 8, leave out 'ought to be' and insert 'will be considered as if'.
Norman Baker
Sue Doughty
190
Clause 15, page 16, line 11, leave out 'ought to be' and insert 'will be considered as if'.
Mr Bill Wiggin
Mr George Osborne
Mr Robert Key
30
Clause 15, page 16, leave out lines 13 to 16.
Norman Baker
Sue Doughty
191
Clause 15, page 16, line 14, leave out 'ought to be' and insert 'will be considered as if'.
Mr Bill Wiggin
Mr George Osborne
Mr Robert Key
31
Clause 15, page 16, leave out line 26.
Mr Bill Wiggin
Mr George Osborne
Mr Robert Key
32
Clause 15, page 16, line 37, leave out from 'served' to end of line 38 and insert 'within 28 days'.
Mr Bill Wiggin
Mr George Osborne
Mr Robert Key
33
Clause 15, page 16, line 42, leave out from 'period' to 'or' in line 43 and insert 'of 28 days'.
Norman Baker
Sue Doughty
192
Clause 15, page 17, line 2, leave out from 'Agency' to 'and' in line 3.
Mr Bill Wiggin
Mr George Osborne
Mr Robert Key
34
Clause 16, page 17, line 45, at end insert 'of less than 50,000 cubic metres'.
Norman Baker
Sue Doughty
193
Clause 16, page 18, leave out lines 32 and 33.
Norman Baker
Sue Doughty
194
Clause 16, page 18, line 34, leave out 'exclude' and insert 'include'.
Norman Baker
Sue Doughty
195
Clause 16, page 19, line 10, leave out 'to be appropriate to do so' and insert 'that there are no persons such as are described in subsections (1) and (2) of section 37 above.'.
Mr Bill Wiggin
Mr George Osborne
Mr Robert Key
35
Clause 16, page 19, leave out lines 27 to 31.
Mr Bill Wiggin
Mr George Osborne
Mr Robert Key
225
Clause 17, page 20, line 10, at end insert—
'(2A) After subsection (2) there is inserted—
Mr Bill Wiggin
Mr George Osborne
Mr Robert Key
226
Clause 17, page 20, line 15, at end add—
'(4) For subsection 3(b) there shall be substituted—
| "(b) | the reasonable requirements of the applicant, including, in relation to businesses, the existing and planned commitment of resources.".'. |
Mr Bill Wiggin
Mr George Osborne
Mr Robert Key
227
Clause 17, page 20, line 15, at end add—
'(5) At the end of subsection (3) there is inserted—
| "(c) | any code of practice made by the Secretary of State under subsection (2A) of this section.".'. |
Norman Baker
Sue Doughty
247
Clause 17, page 20, line 15, at end add—
'(4) After section 38 of the WRA there is inserted—
"38A Presumption of renewal of licences
| | There shall be a presumption of renewal of a licence, subject to the provisions of section 38(1A) above, where the Agency is satisfied that— |
| (a) | abstraction under the renewed licence is environmentally sustainable; |
| (b) | there is a continued justification of need; and |
| (c) | water abstracted under the renewed licence will be used in an efficient manner.".'. |
Mr Bill Wiggin
Mr George Osborne
Mr Robert Key
36
Page 19, line 33, leave out Clause 17.
Mr Bill Wiggin
Mr George Osborne
Mr Robert Key
37
Page 20, line 16, leave out Clause 18.
Mr Bill Wiggin
Mr George Osborne
Mr Robert Key
38
Clause 19, page 22, line 32, leave out 'four' and insert 'six'.
Norman Baker
Sue Doughty
196
Clause 20, page 23, line 22, at end insert—
| '(f) | a duty for the Agency to publicise the procedure and expiry date for applying for a protected right to be included in the register.'. |
Norman Baker
Sue Doughty
197
Clause 20, page 23, line 30, leave out 'two' and insert 'four'.
Norman Baker
Sue Doughty
198
Clause 20, page 23, line 34, leave out from 'Agency' to end of line 35.
Mr Robert Key
164
Clause 21, page 24, line 7, at end insert—
'(2A) At the end of subsection (2) there is inserted—
| "(c) | provision for ensuring public access to information about the quantities of water referred to in paragraphs (a) and (b).".'. |
Mr Robert Key
165
Clause 21, page 24, line 15, at end insert—
'(3A) After subsection (3) there is inserted—
| "(3A) | Every licence under this Chapter to abstract water shall impose a duty to use the water abstracted in an efficient manner, so as to further water conservation.'. |
Mr Bill Wiggin
Mr George Osborne
Mr Robert Key
47
Clause 21, page 24, line 22, at end insert—
'( ) The expiry date shall take into account the availability of water in the source of supply to which the licence applies and the investment needs of the applicant.'.
Mr Bill Wiggin
Mr George Osborne
Mr Robert Key
49
Clause 21, page 24, line 24, at end insert—
'(5B) In determining the period that a licence under this Chapter shall remain in force, the Agency shall take into account—
| (a) | the life expectancy of any associated infrastructure works (existing and prospective), |
| (b) | the costs of those works (actual and projected), and |
| (c) | the period over which those costs may reasonably be expected to have to be recovered.'. |
Norman Baker
Sue Doughty
140
Clause 21, page 24, line 26, at end add—
'(6) All licences which were hitherto expressed under section 46(5) of the WRA as remaining in force until revoked shall, over a 6 year period beginning on the 15th July 2012, be reissued to state—
| (a) | the date on which they take effect, and |
| (b) | the date on which they expire.'. |
Mr Bill Wiggin
Mr George Osborne
Mr Robert Key
50
Clause 22, page 25, line 16, at end add—
'(5) There shall be a presumption that any licence in respect of which the conditions of this section are met shall be renewed unless the Agency is able to show that revocation is necessary in order to protect any waters or underground strata, or any flora or fauna dependent on them, from serious damage.".'.
Mr Bill Wiggin
Mr George Osborne
Mr Robert Key
39
Clause 23, page 25, leave out lines 27 to 34.
Norman Baker
Sue Doughty
199
Clause 23, page 25, line 34, at end insert—
'(1BB) The Secretary of State may by regulations make provision for the form and contents of notifications to a licence holder of conditions required by subsection (1B) above.'.
Norman Baker
Sue Doughty
200
Clause 23, page 26, line 10, leave out from 'Agency' to 'and' in line 11.
Mr Bill Wiggin
Mr George Osborne
Mr Robert Key
40
Clause 23, page 26, line 21, leave out subsection (5).
Norman Baker
Sue Doughty
201
Clause 26, page 31, line 29, at end insert 'or to their property or to both'.
