S.C.D.
Amendment Paper as at
Thursday 16th October 2003
STANDING COMMITTEE D
New Amendments handed in are marked thus *
WATER BILL [LORDS]
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [16th September].
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.'. |
Norman Baker
Sue Doughty
282
Clause 42, page 46, leave out line 40.
Mr Elliot Morley
254
Clause 42, page 47, line 5, after 'or', insert 'by'.
Mr Elliot Morley
255
Clause 42, page 47, line 22, leave out '(3)' and insert '(4)'.
Mr Elliot Morley
256
Clause 42, page 47, line 24, leave out '(3)' and insert '(4)'.
Mr Elliot Morley
257
Clause 42, page 47, line 26, leave out '(3)' and insert '(4)'.
Mr Bill Wiggin
Mr George Osborne
Mr Robert Key
78
Clause 43, page 47, line 36, leave out 'or mainly'.
Norman Baker
Sue Doughty
142
Clause 43, page 47, line 41, at end insert—
'(1A) In particular, before any alteration to the water pricing or consumer charging regimes, the Authority shall receive guidance to—
| (a) | define a household income to water charge ratio below which consumers will be regarded as likely to have difficulty paying such charges; and |
| (b) | report on such new measures to be considered by the Secretary of State or the Assembly as will address such difficulties.'. |
Mr Bill Wiggin
Mr George Osborne
Mr Robert Key
79
Clause 43, page 48, line 12, at end insert—
Mr Bill Wiggin
Mr George Osborne
Mr Robert Key
80
Clause 44, page 49, line 5, leave out from 'Council' to end of line 7.
Norman Baker
Sue Doughty
283
Clause 44, page 49, line 32, leave out from 'environment' to end of line 35.
Mr Bill Wiggin
Mr George Osborne
Mr Robert Key
94
Clause 44, page 49, line 39, after 'research', insert 'and regulatory impact assessment'.
Norman Baker
Sue Doughty
284
Clause 44, page 49, line 44, leave out 'summarise' and insert 'detail'.
Mr Bill Wiggin
Mr George Osborne
Mr Robert Key
95
Clause 44, page 50, leave out lines 1 to 4 and insert—
'(7) Before giving notice under subsection (5)(a) above, the Secretary of State shall arrange for—
| (a) | such research as he considers appropriate with a view to discovering the views of a representative sample of persons likely to be affected; and |
| (b) | a regulatory impact assessment of his proposals to be carried out for the purpose of assessing the likely quantitative and qualitative environmental, public health, economic and social impacts of his proposals.'. |
Mr Bill Wiggin
Mr George Osborne
Mr Robert Key
96
Clause 44, page 50, line 4, at end insert—
'(7A) The Secretary of State shall not proceed with any proposal for the making of regulations under subsection (4) above where it is apparent from the regulatory impact assessment carried out under subsection (7)(b) above that the adverse effects of the regulations would outweigh their benefit.'.
Mr Bill Wiggin
Mr George Osborne
Mr Robert Key
81
Clause 45, page 50, line 32, leave out from 'Council' to end of line 34.
Norman Baker
Sue Doughty
285
Clause 45, page 51, line 13, leave out from 'environment' to end of line 16.
Mr Bill Wiggin
Mr George Osborne
Mr Robert Key
97
Clause 45, page 51, line 20, after 'research', insert 'and regulatory impact assessment'.
Norman Baker
Sue Doughty
286
Clause 45, page 51, line 25, leave out 'summarise' and insert 'detail'.
Mr Bill Wiggin
Mr George Osborne
Mr Robert Key
98
Clause 45, page 51, leave out lines 30 to 33 and insert—
'(7) Before giving notice under subsection (5)(a) above, the Secretary of State shall arrange for—
| (a) | such research as he considers appropriate with a view to discovering the views of a representative sample of persons likely to be affected; and |
| (b) | a regulatory impact assessment of his proposals to be carried out for the purpose of assessing the likely quantitative and qualitative environmental public health, economic and social impacts of his proposals.'. |
Mr Bill Wiggin
Mr George Osborne
Mr Robert Key
99
Clause 45, page 51, line 33, at end insert—
'(7A) The Secretary of State shall not proceed with any proposal for the making of regulations under subsection (4) above where it is apparent from the regulatory impact assessment carried out under subsection (7)(b) above that the adverse effects of the regulations would outweigh their benefit.'.
Mr Bill Wiggin
Mr George Osborne
Mr Robert Key
82
Clause 46, page 52, leave out lines 6 to 24.
Mr Bill Wiggin
Mr George Osborne
Mr Robert Key
83
Clause 46, page 52, line 26, after 'obtaining', insert 'publishing'.
Mr Bill Wiggin
Mr George Osborne
Mr Robert Key
Norman Baker
Sue Doughty
58
Clause 46, page 52, line 44, leave out from 'unincorporate' to end of line 20 on page 53 and insert 'may be disclosed 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
59
Clause 46, page 53, line 30, leave out 'to' and insert 'and'.
Mr Bill Wiggin
Mr George Osborne
Mr Robert Key
Norman Baker
Sue Doughty
60
Clause 46, page 54, line 13, leave from 'unincorporate)' to end of line 24 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
64
Clause 47, page 55, leave out lines 31 to 34 and insert—
'(3) Before giving a direction under this section and in specifying the form in which any information is to be supplied the Council shall have regard to—
| (a) | whether in respect of a direction to a body (other than the Authority) the same or similar information in the form required may be held already by the Authority, |
| (b) | whether the cost or other burden to the body in supplying the information may be excessive in relation to the benefit to and purpose for which the information is required by the Council, |
| (c) | whether the information falls within the scope of section 27K(1).'. |
Mr Bill Wiggin
Mr George Osborne
Mr Robert Key
Norman Baker
Sue Doughty
65
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).'.
