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

271

Schedule     7,     page     195,     line     36,     at end insert—

'( )

In Schedule 10 (regulators), the following are omitted—

(a)   paragraph 5(3),

(b)   paragraph 13(2) and (3).'.

   

Mr Elliot Morley

272

Schedule     7,     page     197,     line     5,     at end insert—

'Reservoirs Act 1975 (c. 23)

In Schedule 1 to the Reservoirs Act 1975 (index of general definitions), the entry for "Local authority" is omitted.'.

   

Mr Bill Wiggin
Mr George Osborne
Mr Robert Key

132

Schedule     7,     page     197,     line     8,     leave out 'for' and insert 'after'.

   

Mr Bill Wiggin
Mr George Osborne
Mr Robert Key

133

Schedule     7,     page     197,     line     9,     leave out 'substituted' and insert 'inserted'.

   

Mr Bill Wiggin
Mr George Osborne
Mr Robert Key

134

Schedule     7,     page     197,     line     10,     leave out 'for' and insert 'after'.

   

Mr Bill Wiggin
Mr George Osborne
Mr Robert Key

135

Schedule     7,     page     197,     line     11,     leave out 'substituted' and insert 'inserted'.

   

Mr Elliot Morley

273

Schedule     7,     page     197,     line     20,     at end insert—

'Environment Act 1995 (c. 25)

In section 101 of the Environment Act 1995 (grants in connection with drainage works), subsection (1) is omitted.'.

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Mr Elliot Morley

274

Schedule     9,     page     223,     line     30,     column     2,     at end insert—

'In Schedule 1, the entry for "Local authority".'.

   

Mr Elliot Morley

275

Schedule     9,     page     224,     line     39,     column     2,     at beginning insert—

'Section 101(1).'.

   

Mr Elliot Morley

276

Schedule     9,     page     224,     line     43,     column     2,     at end insert—

'In Schedule 10, paragraphs 5(3) and 13(2) and (3).'.

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Mr Bill Wiggin
Mr George Osborne
Mr Robert Key

119

Clause     103,     page     128,     line     40,     leave out 'four' and insert 'six'.

   

Mr Bill Wiggin
Mr George Osborne
Mr Robert Key

120

Clause     103,     page     128,     line     43,     leave out 'four' and insert 'six'.

   

Mr Elliot Morley

263

Clause     103,     page     129,     line     11,     leave out second '(6)' and insert '(5)'.

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Mr Elliot Morley

264

Clause     106,     page     132,     line     3,     at end insert—

'( )	section 87(3).'.

   

Mr Elliot Morley

171

Clause     106,     page     132,     line     6,     leave out subsection (8).

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REMAINING NEW CLAUSES (EXCEPT THOSE RELATING TO FLUORIDATION)

Duty to encourage water conservation

   

Mr Elliot Morley

NC16

To move the following Clause:—

    '(1)   The relevant authority must, where appropriate, take steps to encourage the conservation of water.

    (2)   The relevant authority is—

(a)	the Secretary of State, in relation to England,

(b)	the Assembly, in relation to Wales.

    (3)   After the period of three years beginning with the date on which this section comes into force, and after each succeeding period of three years, the Secretary of State must prepare a report about the steps taken by him under this section, and about any such steps which he proposes to take.

    (4)   The Assembly may make an order requiring the preparation by it of corresponding reports, and such an order may make provision about when, or in relation to what periods, they are to be prepared.

    (5)   Each such report must—

(a)	if prepared by the Secretary of State, be laid before Parliament,

(b)	if prepared by the Assembly, be laid before, and published by, the Assembly.'.

As an Amendment to Mr Elliot Morley's proposed New Clause (NC16) (Duty to encourage water conservation):

(a)

Line     1,     leave out 'where appropriate'.

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Water resource management plans and drought plans implementation

   

Mr Bill Wiggin
Mr George Osborne
Mr Robert Key

NC3

To move the following Clause—

       'After section 39A of the WIA there is inserted—

    "39D   Water resource management plans and drought plans: implementation

       In carrying out their respective functions, the Environment Agency and the Authority shall—

(a)	take into account the requirements of—

(i)	all water resource management plans prepared in accordance with sections 37A to 37D above, and

(ii)	all drought plans prepared in accordance with sections 39B and 39C above; and

(b)	in that regard co-ordinate the exercise of their respective functions.".'.

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Protection from disconnection for specified households in mixed use premises

   

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

NC4

To move the following Clause—

       'In Schedule 4A to WIA there is inserted—

    "1A(1)   Premises which include any dwelling which is occupied by a person as his only or principal home and whose household normally includes—

(a)	an individual who is disabled or chronically sick;

(b)	an individual of pensionable age; or

(c)	a child under the age of five.

    (2)   In this paragraph , "dwelling" has the meaning given by paragraph 1(2)".'.

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Appeals: disputes over duty to provide sewers

   

Mr Bill Wiggin
Mr George Osborne
Mr Robert Key

NC10

To move the following Clause—

    '(1)   Section 101A of the WIA (further duty to provide sewers) is amended as follows.

    (2)   In subsections (7) to (10), wherever the words "Environment Agency" appear, there is substituted "Secretary of State".'.

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Liability of owners for charges

   

Mr Bill Wiggin
Mr George Osborne
Mr Robert Key

NC11

To move the following Clause—

    '(1)   In section 144 of the WIA (relating to the liability of occupiers for charges), in subsection (1), after "of this section", there is inserted "and of section 144AA below".

    (2)   After section 144 of the WIA there is inserted—

    "144AA.Liability of owners etc. for charges in prescribed cases    (1)   In respect of any premises of a class prescribed for the purposes of this section, section 144 above shall take effect as if for the references throughout that section to the occupier or the occupation of premises there were substituted references to the owner or ownership of such premises.

    (2)   Regulations made for the purposes of subsection (1) above may also modify or extend the application of that subsection in one or more of the following respects by providing that—

(a)

in relation to any specified types of premises within the class of premises prescribed for the purposes of subsection (1) above, for the references to the owners and ownership of such specified premises, there shall be substituted references to such other categories of persons and to such rights as may be prescribed by the regulations;

(b)	specified classes of persons who are—

(i)	owners of classes of premises prescribed for the purposes of subsection (1) above, or

(ii)	within those categories of persons prescribed for the purposes of subsection (2)(a) above,

shall be excluded from the application of the regulations;

(c)

the owner or occupier of any premises of a class prescribed for the purposes of subsection (1) above 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;

(d)

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 subsection (1) above which are or have been provided with any service by the undertaker in the course of carrying out its functions.".'.

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Liability of owners for charges (No. 2)

   

Mr Bill Wiggin
Mr George Osborne
Mr Robert Key

NC12

To move the following Clause:—

    '(1)   In section 144 of the WIA (relating to the liability of occupiers for charges), in subsection (1), after "Subject to" insert "section 144AA below and".

    (2)   After section 144 of the WIA insert—

    "144AALiability of owners for charges    (1)   Subject to the following provisions of this section, where—

(a)	any premises are occupied by any person by virtue of any tenancy, licence, contract, enactment or implication of law for any period or term of less than one year, and

(b)	those premises are provided with any services by a relevant undertaker in the course of carrying out its functions,

       the undertaker may provide in any charges scheme which it makes under section 143 above for the owner of those premises (instead of the occupier) to be liable for the payment of the charges for the provision of those services and to be treated for the purposes of section 144 above as if he were the occupier of those premises.

    (2)   Subsection (1) above shall not apply to any owner which is a local authority, Government agency or publicly funded body which is prescribed by the Secretary of State for the purposes of this subsection.

    (3)   The owner or occupier of any premises which are provided with any services 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 all such information as the undertaker may reasonably require for determining whether this section applied to those premises.

    (4)   Subsection (3) shall be enforceable by the County Court.

    (5)   In this section, 'premises' shall include 'mobile home' as defined by section 9 of the Mobile Homes Act 1975.".'.

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Prepared 14 Oct 2003