|Amendments proposed to the Water Bill [lords] - continued||House of Commons|
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Power to require adoption of private sewers|
NC19To 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
(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.".'
Rats in sewers
NC20To move the following Clause:
'After section 95 of WIA there is inserted
"95A Power to approve Codes of Practice
Temporary sprinkler bans
Mr David Drew
NC21To move the following Clause
'After section 76 of the WIA, there is inserted
"76A Temporary sprinkler bans
(1) If a water undertaker is of the opinion that a serious deficiency of water available for distribution by that undertaker exists or is threatened, that undertaker may, for such period as it thinks necessary, prohibit or restrict, as respects the whole or any part of its area, the use for the purpose of watering private gardens of any water supplied by that undertaker and distributed by means of a water sprinkler or similar apparatus.
(2) A water undertaker imposing a prohibition or restriction under this section shall, before it comes into force, give public notice of it, and of the date on which it will come into force, in two or more newspapers circulating in the locality affected by the prohibition or restriction.
(3) Any person who, at a time when a prohibition or restriction under this section is in force, contravenes its provisions shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
(4) Where a prohibition or restriction is imposed by a water undertaker under this section, charges made by the undertaker for the use of a sprinkler or similar apparatus shall be subject to a reasonable reduction and, in the case of a charge paid in advance, the undertaker shall make any necessary repayment or adjustment.".'.
River Basin Management Committees
NC23To move the following Clause:
'(1) In section 14 of the Environment Act 1995 after subsection (4) there is inserted
"(5) From 1st December 2007 the Secretary of State shall, by order, establish river basin management committees to replace regional flood defence committees.
(6) In establishing the areas within which river basin management committees shall function the Secretary of State shall have regard to the borders of river basin districts identified in accordance with Article 3 of the Water Framework Directive.
(7) River basin management committees shall inherit the powers and duties of the regional flood defence committees they replace and any additional duties that may be prescribed by regulations.
(8) The Environment Agency shall consult river basin management committees in the production of river basin management plans as required by article 13 of the Water Framework Directive.
(9) The Secretary of State may direct the Environment Agency to assign to river basin management committees any of the functions required of the Agency by regulations implementing the Water Framework Directive."
(2) From 1st December 2007 all references in the Environment Act 1995 to "regional flood defence committee" or any variant thereof shall have effect as if they were references to "river basin management committee" or the appropriate variant.
(3) On 1st December 2007, the following parts of the Environment Act 1995 shall cease to have effect
(4) In paragraph 11 of Schedule 5 of the Environment Act 2007, after "committee" the end of part (a) there is inserted
NC24To move the following Clause:
'(1) Schedule 10 to the WRA is amended as follows.
(2) After paragraph 7(1) there is inserted
"(1A) Where any consent given under paragraph 3 or 6 above authorises a discharge
the Agency shall review such consent and the conditions (if any) to which the consent is subject to at least once in every period of four years beginning with the day on which the consent takes effect or, if applicable, the day on which any previous review under this paragraph was concluded.
(1B) If, having carried out a review under sub-paragraph (1A) above, the Agency wishes to exercise its powers under paragraph 7(2) below, but is unable to do so by reason of a restriction imposed under paragraph 8 below
(3) In paragraph 7(3) after "a review under sub-paragraph (1)", there is inserted "or (1A)".
(4) In paragraph 7(4), the words ", subject to such restrictions on the exercise of the power conferred by virtue of paragraph (c) above as are imposed under paragraph 8 below," are omitted.
(5) Paragraphs 7(5) and (6) are omitted.
(6) In paragraph 8(1), (2), (4) and (5), the words "or (4)(c)" are omitted.'.
Joint charging for water and sewerage services
NC25To move the following Clause:
'After section 144B of the WIA, there is inserted
"144BB Joint charging for water and sewerage services
With effect from April 1st 2004, notices of payment due from occupants of household premises in respect of
shall be made jointly in single notice.".'.
NC26To move the following Clause:
'(1) In section 142 of the Water Industry Act 1991 (powers of undertakers to charge), in subsection (2), "(2A)," is omitted.
(2) In section 142 of the Water Industry Act (charges schemes) subsections 2A and 2B are omitted.
(3) In section 143 of the Water Industry Act 1991 (charges schemes), in sub-section (5)(a), "in a case not falling within section 142(2A) above" is omitted.
(4) In section 144A of the Water Industry Act 1991 (right of consumer to elect for charging by reference to volume), subsections (5), (6), (7), (8) and (10) are omitted.
(5) After subsection 144A of the Water Industry Act 1991 (Right of consumer to elect for charging by reference to volume), there is inserted
"144AA Arrangements for introduction of metering
the undertaker may at any time give the consumer a notice (in this section referred to as a "company measured charges notice") allowing the undertaker to fix charges in respect of the supply by reference to the volume of water supplied.
(2) Before making such regulations as are permitted by subsection (1) above the Secretary of State shall
(3) In making regulations under subsection (1) above, the Secretary of State must have regard to
(4) A water undertaker may not give effect to a company measured charges notice before the end of a period determined in accordance with the undertaker's charges scheme.
(5) If and so long as a water undertaker is entitled under subsection (4) above to fix charges for the supply of water in respect of any premises by reference to the volume of water supplied, a sewerage undertaker is under a corresponding obligation to fix charges in respect of foul water drainage provided by the sewerage undertaker in respect of those premises by reference to that volume.
(6) Any charges scheme under section 143 above
(7) In this section "household premises" has the meaning as defined in section 17C above.".
(6) In section 144B of the Water Industry Act 1991 (restriction on change in basis of charging), for subsection (2) there is substituted
"(2) Where this subsection applies, a relevant undertaker may not by virtue of any charges scheme under section 143 above begin to fix the charges in respect of those premises by reference to volume unless either
(7) After section 144B of the Water Industry Act 1991, there is inserted
"144C Metering charges
Charges and other amounts to which this section applies shall not, by virtue of anything contained
(2) This section applies to
(3) In this section "rating valuation list" means a list which is or has at any time been maintained, for the purposes of rating, under section 41 or 52 of the Local Government Finance Act 1988 (c.41), section 67 of the General Rate Act 1967 (c.9) or any other enactment."
(8) After section 148 of the Water Industry Act 1991 there is inserted
"148A Charges by volume, etc
(2) The requirements of subsection (1) above do not apply
(3) The Secretary of State may be regulations require all water undertakers to ensure that all customers in household premises, such as are excluded from the provisions of subsection (1) above by subsection (2) above, are charged by reference to the volume of water supplied and that meters are installed in household premises to be used in determining the amount of any such charges; and that this is achieved by such times as may be prescribed.
(4) Before making such regulations as are required by subsections (1) to (3) above the Secretary of State shall
(5) In making regulations under subsection (1) above, the Secretary of State must have regard to
(6) The Secretary of State may by regulations make provision for transferring to the Authority powers and functions for the purposes of subsections (1) to (3) above, including
(7) In this section "household premises" has the meaning as defined in section 17C above.".'.