S.C.D.
Amendment Paper as at
Tuesday 14th October 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
208
Clause 33, page 37, line 43, at end insert 'and at the end of paragraph (b) of subsection (1) there is inserted "or".'.
Norman Baker
Sue Doughty
209
Clause 33, page 38, line 3, leave out 'or'.
Norman Baker
Sue Doughty
210
Clause 33, page 38, leave out lines 4 and 5.
Mr Elliot Morley
170
Page 37, line 41, leave out Clause 33.
Mr Andrew Lansley
239
Schedule 1, page 133, line 8, after 'Chairman', insert 'a Chief Executive'.
Mr Andrew Lansley
240
Schedule 1, page 133, line 8, leave out 'at least two' and insert 'no fewer than four'.
Mr Andrew Lansley
241
Schedule 1, page 133, line 9, at end insert—
'(1A) Including the Chairman, the majority of members of the Authority shall be non-executive members.'.
Mr Bill Wiggin
Mr George Osborne
Mr Robert Key
121
Schedule 1, page 133, line 33, after 'State', insert 'and published'.
Mr Bill Wiggin
Mr George Osborne
Mr Robert Key
Norman Baker
Sue Doughty
69
Schedule 1, page 134, line 15, at beginning insert—
'(1) The Secretary of State shall, after consulting the chairman and the Assembly, appoint a person (who may, subject to sub-paragraph (2), also be a member of the Authority) to act as chief executive of the Authority on such terms and conditions as the Secretary of State may think appropriate.
(2) A person appointed as chief executive may not at the same time be a chairman.'.
Mr Bill Wiggin
Mr George Osborne
Mr Robert Key
Norman Baker
Sue Doughty
56
Schedule 1, page 134, line 29, at end insert—
'7A(1) Minutes shall be kept of meetings of members of the Authority.
(2) Subject to sub-paragraph (3), such minutes shall be available for inspection by any person, and a copy of them, shall be given to any person who requests one.
(3) There shall be excluded from the minutes to which sub-paragraph (2) applies such parts of the minutes—
| (a) | as may disclose the identity of any individual other than a member of the Authority or its chief executive; |
| (b) | as contain information which the Authority is prohibited from disclosing by section 206; |
| (c) | as require to be protected from disclosure in order to safeguard national security (which includes security of the provision of water supplies and sewerage services); |
| (d) | as relate to the investigation of crime; |
| (e) | as contain information in respect of which a claim to legal professional privilege could be maintained in legal proceedings; |
| (f) | as contain price sensitive information (but so that such information shall not be excluded when it is no longer price sensitive); and |
| (g) | as contain information the disclosure of which is prohibited by any rule of law.'. |
Mr Andrew Lansley
242
Schedule 1, page 134, line 36, at end insert—
'(1A) The Code shall indicate, insofar as the objectives and duties of the Authority may be regarded as potentially coming into conflict, how the Authority intends to interpret and discharge its objectives and duties.'.
Ms Candy Atherton
230
Clause 38, page 41, leave out lines 4 to 6 and insert—
'(12) The Council shall exercise and perform its powers and duties so as to contribute to the achievement of sustainable development.'.
Norman Baker
Sue Doughty
245
Clause 38, page 41, line 5, leave out from 'to' to end of line.
Mr Elliot Morley
253
Clause 38, page 41, line 13, after 'or' insert 'by'.
Mr Bill Wiggin
Mr George Osborne
Mr Robert Key
70
Clause 38, page 41, line 23, at end insert—
| '(d) | the Council and the Scottish Parliament.'. |
Mr Bill Wiggin
Mr George Osborne
Mr Robert Key
71
Clause 38, page 41, line 43, leave out subsection (2).
Mr Bill Wiggin
Mr George Osborne
Mr Robert Key
122
Schedule 2, page 136, leave out lines 10 to 12 and insert 'understands disability'.
Mr Bill Wiggin
Mr George Osborne
Mr Robert Key
Norman Baker
Sue Doughty
63
Schedule 2, page 137, line 29, leave out from 'Council' to end of line 7 on page 138 and insert 'may include any information which relates to the affairs of any particular individual or body of persons (corporate or incorporate) 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
103
Clause 40, page 42, line 28, at beginning insert—
'Subject to subsection (2A) below,'.
Mr Bill Wiggin
Mr George Osborne
Mr Robert Key
104
Clause 40, page 42, line 31, at end insert—
'(2A) The total payment that may be required of any company pursuant to section 11(1)(c) of the WIA and under this section shall not be increased by more than the amount by which that company is permitted to increase its regulated prices under its appointment.'.
Mr Bill Wiggin
Mr George Osborne
Mr Robert Key
72
Page 42, line 24, leave out Clause 40.
Mr Andrew Lansley
243
Clause 41, page 43, line 25, at end insert—
'(2A) That description must include, so far as the Authority believes it to be relevant for the financial year in question, a statement concerning how the Authority intends thereby to meet its objectives and duties.'.
Mr Bill Wiggin
Mr George Osborne
Mr Robert Key
73
Clause 41, page 44, line 6, leave out 'make to the Secretary of State' and insert 'lay before each House of Parliament'.
Mr Andrew Lansley
244
Clause 41, page 44, line 15, at end insert—
| '(bb) | an explanation where relevant of how the Authority has reconciled any significant conflicts between the respective objectives and duties laid upon the Authority;'. |
Mr Bill Wiggin
Mr George Osborne
Mr Robert Key
74
Clause 41, page 44, line 20, leave out from 'require' to end of line 22.
Norman Baker
Sue Doughty
277
Clause 41, page 44, line 20, leave out 'and'.
Norman Baker
Sue Doughty
278
Clause 41, page 44, line 22, at end insert—
'and
| (f) | an environmental audit of the Authority's activity including its contributions towards water conservation and sustainable development.'. |
Mr Bill Wiggin
Mr George Osborne
Mr Robert Key
75
Clause 41, page 44, leave out lines 28 to 32.
Mr Bill Wiggin
Mr George Osborne
Mr Robert Key
76
Clause 42, page 45, line 17, after 'capital', insert 'in line with market expectations'.
Norman Baker
Sue Doughty
279
Clause 42, page 45, line 18, leave out 'and'.
Norman Baker
Sue Doughty
280
Clause 42, page 45, line 21, at end insert—
'and
| (e) | to contribute to the achievement of sustainable development.'. |
Norman Baker
Sue Doughty
281
Clause 42, page 45, line 23, after 'the', insert 'immediate and long term'.
Mr Bill Wiggin
Mr George Osborne
Mr Robert Key
77
Clause 42, page 45, leave out lines 26 to 36.
Mr Bill Wiggin
Mr George Osborne
Mr Robert Key
93
Clause 42, page 46, line 10, at end insert—
'(2F) In performing the duty under subsection (2A)(c) above, the Secretary of State or, as the case may be, the Authority shall—
| (a) | have regard to the arrangements entered into under section 55 of the Water Act 2000; |
| (b) | have regard to the long-term interests of consumers; |
| (c) | ensure that appointed companies are able to fund on reasonable terms all required investment programmes and the long-term maintenance of their assets; |
| (d) | apply to all appointed companies all determinations and conclusions of the Competition Commission (including all methodologies adopted by the Commission) which relate to any such company.'. |
