Amendments proposed to the Water Bill [lords] - continued House of Commons

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Mr Bill Wiggin
Mr George Osborne
Mr Robert Key

222

Clause     61,     page     80,     leave out lines 12 and 13.

   

Mr Elliot Morley

344

Clause     61,     page     80,     line     13,     after '(1)', insert 'or (1A)'.

   

Mr Bill Wiggin
Mr George Osborne
Mr Robert Key

223

Clause     61,     page     80,     line     15,     at end insert—

    '90AFluoridation arrangements: precondition       A water undertaker shall not be obliged to enter into any arrangements under section 87 above until the Secretary of State has made regulations under sections 87AA and 89 above.'.

   

Mr Elliot Morley

345

Clause     61,     page     80,     line     16,     leave out subsection (7) and insert—

    '(7)   For section 91 (pre-1985 fluoridation schemes) there is substituted—

          "91   Pre-1985 fluoridation schemes

          (1)   With effect from the appointed day, relevant pre-1985 arrangements shall be treated for the purposes of this Chapter as if they were arrangements entered into by the water undertaker in question with the relevant authority under section 87(1) above.

          (2)   The relevant authority may request such modifications to the arrangements as it considers necessary in order to give effect to subsection (1) above, for example to insert the terms mentioned in section 87(7) above.

          (3)   If the relevant authority and the water undertaker fail to agree the modifications requested by the authority—

          (a) subsection (2), (3) or, as the case may be, (3A) of section 87A above shall apply as if the parties had failed to agree the terms of arrangements requested under section 87(1) above; and

          (b) following determination of the modifications—

          (i) the relevant authority shall give notice of the determination to the water undertaker; and

          (ii) the arrangements shall be deemed to have been modified as so determined with effect from the day after the date of the notice.

          (4)   Sections 87(8D) and 89(1) above (which relate to consultation) shall not apply to the deemed entry into, and modification of, arrangements by virtue of this section.

          (5)   References in this Chapter to arrangements entered into under section 87(1) above shall include arrangements treated as entered into by a water undertaker by virtue of subsection (1) above.

          (6)   In this section—

      "the appointed day" means the day on which section 61 of the Water Act 2003 comes into force; and"relevant pre-1985 arrangements" means arrangements in pursuance of which a scheme for increasing the fluoride content of water was being operated by a water undertaker by virtue of paragraph 1 of Schedule 7 to this Act immediately before the appointed day.".'.

   

Mr Elliot Morley

346

Clause     61,     page     80,     line     16,     at end insert—

    '( )   In section 213 (powers to make regulations), after subsection (1) there is inserted—

          "(1A)   But on the occasion of the first exercise by the Secretary of State of the power to make regulations under each of sections 89 and 90 above, the instrument containing the regulations shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.".'.

   

Mr Elliot Morley

347

Clause     61,     page     80,     line     18,     at end add—

    '(9)   With effect from the commencement day, any relevant application shall have effect for the purposes of subsection (1) of section 87 of the WIA as a request made by a relevant authority under that subsection.

    (10)   Any other application made before the commencement day ceases to have effect on that day.

    (11)   In subsections (9) and (10)—

             "commencement day" means the day when this section comes into force; and

             "relevant application" means an application which—

          (a) was made before the passing of this Act;

          (b) has not been withdrawn; and

          (c) has not been rejected in writing by the water undertaker to which it was made.

    (12)   In subsections (10) and (11) "application" means an application made under section 87 of the WIA as it was in force at the time when the application was made (and includes an application made under section 1 of the Water (Fluoridation) Act 1985 (c.63) and having effect as if made under section 87 of the WIA).'.

   

Norman Baker
Sue Doughty

159

Clause     61,     page     80,     line     18,     at end add—

       'After section 89 of the WIA is inserted—

    "89A    Assessment

    (1)   Following an increase of the fluoride content of water under section 87, a relevant authority shall—

      (a) undertake a continuous assessment of the correlation between fluoride consumption and changes in the dental health of the affected population;

      (b) undertake a continuous assessment of the correlation between fluoride consumption and the incidence of any known or suspected adverse affects of fluoride consumption in the affected population;

      (c) place all data obtained for the purposes of paragraphs (a) and (b) above in the public domain;

      (d) periodically publish analysis of the data obtained for the purposes of paragraphs (a) and (b) above.

    (2)   The Secretary of State shall by regulation make provisions about the requirements which must be satisfied by relevant authorities for the purposes of subsection (1) above.".'.


ORDERS OF THE HOUSE [8TH AND 15TH SEPTEMBER 2003]

       That the following provisions shall apply to the Water Bill [Lords]—

Committal

    1.   The Bill shall be committed to a Standing Committee.

Proceedings in Standing Committee

    2.   Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 23rd October 2003.

    3.   The Standing Committee shall have leave to sit twice on the first day on which it meets.

Consideration and Third Reading

    4.   Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

    5.   Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

    6.   Sessional Order B (programming committees) made on 28th June 2001 shall not apply to proceedings on Consideration and Third Reading.

Other proceedings

    7.   Any other proceedings on the Bill (including any proceedings on consideration of Lords amendments or any further message from the Lords) may be programmed.


ORDER OF THE COMMITTEE [16TH SEPTEMBER 2003]

That—

    (1)   during proceedings on the Water Bill [Lords] the Standing Committee shall meet when the House is sitting on Tuesdays and Thursdays at 8.55 a.m. and 2.30 p.m., except that on Tuesday 14th October it shall meet only at 4.30 p.m.;

    (2)   11 sittings in all shall be allotted to the consideration of the Bill by the Committee;

    (3)   the proceedings to be taken at the sittings shall be as shown in the second column of the Table below and shall be taken in the order so shown;

    (4)   the proceedings which under paragraph (3) are to be taken on any sitting shall (so far as not previously concluded) be brought to a conclusion at the time specified in the third column of the Table;

    (5)   paragraph (3) does not prevent proceedings being taken (in the order shown in the second column of the Table) at any earlier sitting than that provided under paragraph (3) if previous proceedings have already been concluded.

TABLE

SittingProceedingsTime for conclusion of proceedings
16th September
(8.55 a.m.)
Clauses 1 to 32; Clauses 34 to 36; new Clauses and new Schedules relating to Part 1 (except new Clauses and new Schedules relating to Clause 33).-
16th September
(2.30 p.m.)
Clauses 1 to 32; Clauses 34 to 36; new Clauses and new Schedules relating to Part 1 (except new Clauses and new Schedules relating to Clause 33).-
18th September
(8.55 a.m.)
Clauses 1 to 32: Clauses 34 to 36; new Clauses and new Schedules relating to Part 1 (except new Clauses and new Schedules relating to Clause 33).-
18th September
(2.30 p.m.)
Clauses 1 to 32; Clauses 34 to 36; new Clauses and new Schedules relating to Part 1 (except new Clauses and new Schedules relating to Clause 33).5.00 p.m.
14th October
(4.30 p.m.)
Clause 33; Clause 37, Schedule 1; Clause 38, Schedule 2; Clause 39, Schedule 3; Clauses 40 to 58; new Clauses and new Schedules relating to Clause 33, and to Part 2 (except new Clauses and new Schedules relating to the licensing of water suppliers).-
16th October
(8.55 a.m.)
Clause 33; Clause 37, Schedule 1; Clause 38; Schedule 2; Clause 39, Schedule 3; Clauses 40 to 58; new Clauses and new Schedules relating to Clause 33, and Part 2 (except new Clauses and New Schedules relating to the licensing of water suppliers).11.25 a.m.
16th October
(2.30 p.m.)
Clause 59, Schedules 4 and 8; Clause 60; Clauses 62 to 87, Schedules 5 and 6; Clauses 88 to 102, Schedules 7 and 9; Clauses 103 to 106; remaining new Clauses and new Schedules (except new Clauses and new Schedules relating to fluoridation).-
21st October
(8.55 a.m.)
Clause 59, Schedules 4 and 8; Clause 60; Clauses 62 to 87, Schedules 5 and 6; Clauses 88 to 102, Schedules 7 and 9; Clauses 103 to 106; remaining new Clauses and new Schedules (except new Clauses and new Schedules relating to fluoridation).11.25 a.m.
21st October
(2.30 p.m.)
Clause 61; new Clauses and new Schedules relating to fluoridation; remaining proceedings on the Bill.-
23rd October
(8.55 a.m.)
Clause 61; new Clauses and new Schedules relating to fluoridation; remaining proceedings on the Bill.-
23rd October
(2.30 p.m.)
Clause 61; new Clauses and new Schedules relating to fluoridation; remaining proceedings on the Bill.5.00 p.m.


 
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Prepared 21 Oct 2003