S.C.D.
Amendment Paper as at
Tuesday 21st 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].
Mr Elliot Morley
261
Clause 81, page 96, line 40, leave out 'in pursuance of' and insert 'pursuant to'.
Mr Bill Wiggin
Mr George Osborne
Mr Robert Key
211
Clause 85, page 98, line 22, leave out subsection (1) and insert—
'(1) It is the duty of each public authority, in carrying out his or its functions, to have regard, so far as is consistent with the proper exercise of those functions, to the purpose of furthering the conservation of water.'.
Ms Candy Atherton
231
Clause 85, page 98, leave out lines 23 and 24 and insert 'have a duty to promote water conservation'.
Mr Robert Key
166
Clause 85, page 98, line 23, leave out from beginning to 'water' and insert 'further the conservation of'.
Norman Baker
Sue Doughty
289
Clause 85, page 98, line 23, leave out from beginning to 'water' and insert 'have a duty to further the conservation of'.
Norman Baker
Sue Doughty
290
Clause 85, page 98, line 40, at end insert—
'(3) To assist public authorities in the pursuance of the duty specified in subsection (1) a Water Savings Trust will be established which shall have duties to—
| (a) | achieve the sustainable and efficient use of water; and |
| (b) | work with public authorities, water undertakers, water supply licence holders, and abstraction licence holders in pursuance of the duty in paragraph (a) above.'. |
Ms Candy Atherton
Paddy Tipping
162
Clause 87, page 102, line 3, at end insert—
'4D Powers of the Authority with respect to any abandoned mine
All the statutory powers conferred on the Authority in respect of coal mine water discharge may at the discretion of the Authority be exercised in respect of any water discharge from any abandoned mine other than a coal mine on payment to the Authority of such fee and subject to such conditions (if any) as the Authority may consider appropriate.'.
Mr Elliot Morley
267
Schedule 6, page 183, line 10, leave out '4B' and insert '4C'.
Mr Elliot Morley
268
Schedule 6, page 183, line 18, leave out '4B' and insert '4C'.
Mr Elliot Morley
269
Schedule 6, page 183, line 27, leave out '4B' and insert '4C'.
Mr Elliot Morley
270
Schedule 6, page 185, line 9, leave out '4B' and insert '4C'.
Mr Bill Wiggin
Mr George Osborne
Mr Robert Key
114
Clause 89, page 103, line 33, leave out 'or 6 above'.
Mr Bill Wiggin
Mr George Osborne
Mr Robert Key
115
Page 104, line 21, leave out Clause 90.
Mr Elliot Morley
262
Clause 91, page 106, line 20, leave out paragraph (b) and insert—
| '(b) | in subsection (6), at the end there is inserted "and "controlled waters" has the meaning given by section 104 of the Water Resources Act 1991".'. |
Mr Bill Wiggin
Mr George Osborne
Mr Robert Key
116
Page 105, line 41, leave out Clause 91.
Mr Bill Wiggin
Mr George Osborne
Mr Robert Key
212
Clause 99, page 123, line 46, after 'building', insert 'and is outside the curtilage of that building'.
Mr Bill Wiggin
Mr George Osborne
Mr Robert Key
136
Clause 100, page 124, line 26, at end insert—
'(2A) Substitute for paragraph (b) of subsection (2)—
| "(b) | to discharge directly or indirectly— |
| (i) | foul water into a sewer provided for surface water; or |
| (ii) | except with the approval of the undertaker, surface water into a sewer provided for foul water; or".'. |
Mr Bill Wiggin
Mr George Osborne
Mr Robert Key
137
Clause 100, page 124, leave out lines 27 to 32 and insert—
'(3) Substitute for subsection (4)—
(4) At any time within 21 days after a sewerage undertaker receives a notice under subsection (3) above, the undertaker may by notice to the person who gave the notice—
| (a) | refuse to permit the communication to be made, if it appears to the undertaker that the mode of construction or condition of the drain or sewer— |
| (i) | does not satisfy the standards reasonably required by the undertaker; or |
| (ii) | is such that the making of the communication would be prejudicial to the undertaker's sewerage system; or |
| (b) | where the drain or sewer which it is sought to communicate with the public sewer is to be used for the draining of surface water, refuse permission for the communication to be made, or grant permission for the communication subject to such conditions as it thinks fit, subject to taking into account the considerations set out in subsection (4A) below. |
(4A) Under subsection (4)(b) above, a sewerage undertaker may only refuse permission for a communication to be made, or grant permission for the communication subject to conditions, where it has reasonable grounds for considering that—
| (a) | it is feasible for an alternative method of drainage to be provided, utilised, maintained and kept in repair— |
| (i) | which does not involve communication with the public sewer; but |
| (ii) | which may include the provision of a lateral drain or sewer by any of the means provided for in this Chapter; |
| (b) | this is justifiable taking into account the relative cost to the applicant of— |
| (i) | providing the alternative method of drainage referred to in paragraph (a) above; or |
| (ii) | requisitioning a lateral drain or sewer under sections 98 to 101B above for communication with the public sewer of the undertaker; |
| (c) | where communication of the drains or sewer with the public sewer might contribute towards one or more of the following— |
| (i) | the overloading of the public sewer or the sewerage system of which it forms part, and the consequential overflowing of its contents and the flooding of adjoining property or land; |
| (ii) | the overloading of any sewage disposal works forming part of or connected with the system, so adversely affecting such work's capacity to treat or dispose of sewage in compliance with any statutory requirement or consent applicable to it; |
| (iii) | increased flows in and resulting overflows and discharges from combined foul and surface water sewers which may have adverse effects on the aquatic environment; or |
| (iv) | the pollution of inland waters, the flooding of property or land, or the impairment of river or drainage systems, whether or not arising from the matters described in paragraphs (i), (ii) or (iii) above.".'. |
Mr Bill Wiggin
Mr George Osborne
Mr Robert Key
138
Clause 100, page 124, leave out lines 39 to 43 and insert—
'(5) Substitute for subsection (6)—
Mr Bill Wiggin
Mr George Osborne
Mr Robert Key
139
Clause 100, page 124, line 43, at end insert—
'(5A) Substitute for subsection (9)—
"(9) In this section—
| (a) | 'factory' has the same meaning as in the Factories Act 1961; |
| (b) | 'inland waters' has the same meaning as in the Water Resources Act 1991; |
| (c) | 'sewer provided for surface water' and 'sewer provided for foul water' excludes any sewer provided for the combined drainage of both surface and foul water.".'. |
Mr Bill Wiggin
Mr George Osborne
Mr Robert Key
117
Clause 101, page 125, line 42, leave out 'or mainly'.
Mr Simon Thomas
353
*Clause 101, page 126, line 21, after 'reservoirs', insert 'in Wales'.
Mr Simon Thomas
354
*Clause 101, page 126, line 25, after 'reservoirs', insert 'in Wales'.
Mr Simon Thomas
355
*Clause 101, page 126, line 26, after 'undertaker', insert 'any part of whose'.
