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

back to previous text
Liability of owners, etc., to provide information

   

Norman Baker
Sue Doughty

NC15

To move the following Clause:—

       After section 144 of the W1A there is inserted—

    "144AA.    Liability of owners etc to provide information    

(1)   The owner or occupier of any premises of a class prescribed for the purposes of this section which are provided with any service by a relevant undertaker in the course of carrying out its functions shall, when requested in writing to do so by the undertaker, provide the undertaker with such information as may be prescribed concerning the ownership or occupation of those premises.

    (2)   Such statutory undertakers or public bodies as may be prescribed shall, when requested in writing to do so by a relevant undertaker, provide the undertaker with such information as may be prescribed concerning the current or former ownership or occupation of any premises of a class prescribed for the purposes of this section which are or have been provided with any service by the undertaker in the course of carrying out its functions.

    (3)   Information which is required to be provided under either subsection (1) or (2) above shall be provided in such manner and within such time as may be prescribed.

    (4)   The Secretary of State shall by regulations make provisions for the purposes of subsection (1) to (3) above.".'.


Reorganisation of regional flood defence committees

   

Mr Bill Wiggin
Mr George Osborne
Mr Robert Key

NC17

To move the following Clause:—

    '(1)   Section 15 of the Environment Act 1995 (composition of regional flood defence committees) is amended as follows.

    (2)   After subsection (5) there is inserted—

          "(5A)   Where the Secretary of State has revoked any local flood defence scheme under section 18A of this Act, in appointing members of retained or new regional flood defence committees the Secretary of State shall have regard to the desirability of appointing persons who have knowledge and experience of flood defence in the local areas of those committees.".'.


Adoption of sewers, lateral drains and disposal works

   

Paddy Tipping
Mr David Drew
Ms Candy Atherton
Andy King

NC18

To move the following Clause:—

    '(1)   Section 102 of the WIA is amended as follows.

    (2)   In subsection (2), for the words from "section" to the end of the subsection there shall be substituted "shall, other than where there is an immediate risk to health, consider whether the installation of a new sewer constructed by them at their expense within no more than two years from the date of application would be a more satisfactory alternative and, if so, may choose not to make such a declaration but undertake to provide a new sewer vested in them".

    (3)   Subsection (7) is omitted.'.


Power to require adoption of private sewers

   

Paddy Tipping
Mr David Drew
Ms Candy Atherton
Andy King

NC19

To move the following Clause:—

       'After section 102 of the WIA there is inserted—

    "102A    Power to require adoption of private sewers

          (1)   The Secretary of State may be regulations establish a scheme to enable a sewerage undertaker to be required to adopt a sewer to which this section applies.

          (2)   A scheme under this section may apply to any sewer which is—

          (a) situated within the area of a sewerage undertaker or which serves the whole or any part of that area; and

          (b) not vested in a sewerage undertaker.

          (3)   Regulations under subsection (1) may amend section 105 so as to extend the appeals procedure to the scheme, provided that the appeal shall be heard by a person other than the person imposing the requirement to adopt.".'


   

Norman Baker
Sue Doughty

155

Clause     61,     page     76,     line     25,     after 'increase', insert 'or decrease artificially added fluoride'.

   

Mr Bill Wiggin
Mr George Osborne
Mr Robert Key

107

Clause     61,     page     76,     line     26,     at end insert 'only'.

   

Mr Bill Wiggin
Mr George Osborne
Mr Robert Key

213

Clause     61,     page     76,     line     30,     at end insert—

    '(2A)   Neither shall a water undertaker be required by subsection (1) above to enter into any such arrangements unless and until it has been ascertained (pursuant to the provisions of section 89 below) that at least 90 per cent. of the population residing within the area proposed to be fluoridated are in favour of the fluoridation of their water supply.'.

   

Mr Bill Wiggin
Mr George Osborne
Mr Robert Key

214

Clause     61,     page     77,     line     6,     after 'of', insert 'up to'.

   

Mr Bill Wiggin
Mr George Osborne
Mr Robert Key

215

Clause     61,     page     77,     line     10,     leave out 'may, for example' and insert 'shall'.

   

Mr Bill Wiggin
Mr George Osborne
Mr Robert Key

216

Clause     61,     page     77,     leave out lines 11 and 12 and insert—

      '(a) requiring reimbursement by the relevant authority to the water undertaker of all the undertaker's capital and operational costs of or in any way related to the fluoridation of the water supply;'.

   

Mr Bill Wiggin
Mr George Osborne
Mr Robert Key

217

Clause     61,     page     77,     line     17,     at beginning insert 'Before making a request under subsection (1) above,'.

   

Mr Bill Wiggin
Mr George Osborne
Mr Robert Key

218

Clause     61,     page     77,     line     27,     at end insert—

    '87AA    Fluoridation arrangements: technical guidance

    (1)   Without prejudice to Chapter III of this Part and the Health and Safety at Work etc. Act 1974, the Secretary of State and the Assembly shall jointly prepare and issue a code of practice containing guidance on the technical standards that must be met by water undertakers in relation to the fluoridation of water supplies.

    (2)   Such code of practice shall—

      (a) include such provisions, and

      (b) be prepared and made in such manner,

       as shall be prescribed by regulations made by the Secretary of State.'.

   

Mr Bill Wiggin
Mr George Osborne
Mr Robert Key

108

Clause     61,     page     77,     line     31,     at end insert 'then no fluoridation shall take place'.

   

Mr Bill Wiggin
Mr George Osborne
Mr Robert Key

109

Clause     61,     page     77,     leave out lines 32 to 45.

   

Mr Bill Wiggin
Mr George Osborne
Mr Robert Key

219

Clause     61,     page     78,     leave out lines 20 to 34 and insert—

    '(3)   Subject to such safeguards as may be prescribed by regulations made by the Secretary of State, where a water undertaker is required by any such arrangements to add fluoride to water which it supplies to any area, the undertaker may, to such extent and for such time as may be reasonably necessary to accommodate any operational exigency—

      (a) not supply such fluoridated water to the area required to be fluoridated; or

      (b) reduce the concentration of fluoride in the water required to be fluoridated to below the required concentration.

    (4)   In this section, "operational exigency" means—

      (a) any serious deficiency in supply;

      (b) any accident or unforeseen circumstance;

      (c) the carrying out of any works (including cleaning and maintenance) by the undertaker concerned or, as the case may be, by the undertakers concerned, or by a licensed water supplier supplying water using its or their supply system;

      (d) any contractual obligation on the undertaker concerned or, as the case may be, on any of the undertakers concerned, or on a licensed water supplier supplying water using its or their supply system, to supply water of a particular quality; or

      (e) any other operational circumstance which involves the undertaker concerned or, as the case may, any of the undertakers concerned, or a licensed water supplier supplying water using its or their supply system, varying the source or sources of the supply of water to the area in question.'.

   

Norman Baker
Sue Doughty

156

Clause     61,     page     79,     line     19,     after 'below', insert 'the Secretary of State must ensure funding is available for the consultation to take place as set out below, and'.

   

Norman Baker
Sue Doughty

157

Clause     61,     page     79,     line     20,     at end insert 'request the elected local authorities within its area to'.

   

Mr Bill Wiggin
Mr George Osborne
Mr Robert Key

110

Clause     61,     page     79,     line     21,     after 'consult', insert 'all households'.

   

Norman Baker
Sue Doughty

158

Clause     61,     page     79,     line     22,     at end insert 'then if public opinion is clearly in favour of such an addition'.

   

Mr Bill Wiggin
Mr George Osborne
Mr Robert Key

220

Clause     61,     page     80,     leave out lines 6 to 9 and insert—

    '(1)   The Secretary of State shall indemnify every water undertaker which enters into arrangements under section 87(1) above against all liabilities that any such undertaker may incur in complying with such arrangements, other than liabilities arising from the undertaker's own fault or negligence.

    (1A)   Subject to subsection (1) above, each indemnity shall be on such terms as (with the consent of the Treasury) may be agreed between the Secretary of State and the undertaker.'.

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page Search page Enquiries index

©Parliamentary copyright 2003
Prepared 18 Sept 2003