Vote Bundle Text (931106-02)

Amendments proposed to the Water Bill [Lords], As Amended - continued	House of Commons

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Secretary Margaret Beckett

*Page 23, line 13 [Clause 19], leave out '(4)' and insert '(4A)'.

Mr Bill Wiggin
Mr George Osborne

Page 23, line 31 [Clause 19], at end insert—

'( ) The expiry date shall take into account the availability of water in the source of supply to which the licence applies and the investment needs of the applicant.'.

Mr Bill Wiggin
Mr George Osborne

Page 23, line 33 [Clause 19], at end insert—

'(5B) In determining the period that a licence under this Chapter shall remain in force, the Agency shall take into account—

(a)	the life expectancy of any associated infrastructure works (existing and prospective),

(b)	the costs of those works (actual and projected), and

(c)	the period over which these costs may be reasonably be expected to have to be recovered.'.

Secretary Margaret Beckett

*Page 23, line 33 [Clause 19], at end insert—

'(4A) In subsection (7), for "or by different means" there is substituted ", by different means or for different purposes".'.

Mr Bill Wiggin
Mr George Osborne

Page 24, line 27 [Clause 20], at end insert—

'(5) There shall be a presumption that any licence in respect of which the conditions of this section are met shall be renewed unless the Agency is able to show that revocation is necessary in order to protect any waters or underground strata, or any flora or fauna dependent on them, from serious damage.'.

Secretary Margaret Beckett

*Page 27, line 45 [Clause 23], after 'licence', insert 'other than a temporary licence'.

Secretary Margaret Beckett

*Page 28, line 21 [Clause 23], leave out 'it is proposed he be permitted' and insert 'he proposes'.

Secretary Margaret Beckett

*Page 28, line 24 [Clause 23], leave out 'it is proposed he be permitted' and insert 'he proposes'.

Secretary Margaret Beckett

*Page 28, line 25 [Clause 23], leave out from 'which' to 'abstract' in line 26 and insert 'those persons referred to in paragraph (a) above who would require a new licence granted under subsection (5) below would'.

Secretary Margaret Beckett

*Page 28, line 30 [Clause 23], leave out 'those persons would be permitted to' and insert 'that the persons referred to in paragraph (a) above would'.

Secretary Margaret Beckett

*Page 29, line 36 [Clause 23], leave out 'of four years' and insert 'mentioned in subsection (11A) below'.

Secretary Margaret Beckett

*Page 29, line 40 [Clause 23], at end insert—

'(11A) The period referred to in subsection (11)(a) above is—

(a)	four years; or

(b)	if the abstractions authorised under the old licence were abstractions planned to be carried out at intervals of more than four years, or abstractions for emergency purposes only, such longer period as the Agency may determine on the application of the person in question.'.

Secretary Margaret Beckett

*Page 29, line 42 [Clause 23], leave out from 'treated' to end of line 45 and insert—

'(a)	as if it had been granted at the time the old licence was granted; and

(b)	as if it and any other new licence granted by virtue of the relevant apportionment notice had been granted in place of the old licence.'.

Annette Brooke
Mr Mark Oaten
Norman Baker
Sue Doughty

126

*Page 31, line 11 [Clause 24], at end insert—

'(5A) In this section "loss or damage" shall mean loss occasioned by physical damage to tangible property.'.

Secretary Margaret Beckett

*Page 31, line 15 [Clause 24], leave out second 'loss or damage'.

Secretary Margaret Beckett

*Page 31, line 16 [Clause 24], after 'and', insert 'is loss or damage'.

Mr Bill Wiggin
Mr George Osborne

Page 31, line 28 [Clause 24], at end insert—

'(8) It shall be a defence to proceedings brought under this section that the abstractor was abstracting the water in accordance with the provisions of a licence granted under this Chapter.'.

Mr Bill Wiggin

*Page 31, line 43 [Clause 25], at end insert 'and

(b)	at the end there is inserted "except in the case of licences where water would otherwise be abstracted for use on land which is subject to phytosanitary restrictions.".'.

Mr Bill Wiggin

*Page 33, line 17 [Clause 27], at end insert 'or such later date as the Secretary of State may by order prescribe'.

Secretary Margaret Beckett

*Page 33, line 18 [Clause 27], after 'WRA', insert '(which provide for the Secretary of State to direct the Environment Agency to revoke or vary a licence in certain circumstances)'.

Norman Baker
Sue Doughty

Page 36, line 39 [Clause 30], leave out '£20,000' and insert '£50,000'.

NEW CLAUSES RELATING TO PART 2

Regulatory methodology

Mr Bill Wiggin
Mr George Osborne

NC5

To move the following Clause:—

'After section 2 of the WIA there is inserted—

2B Regulatory methodology

(1) The Authority shall prepare and publish a statement of policy with respect to its determination of charges in periodic reviews and interim determinations under all or any of the instruments of appointment of companies as relevant undertakers made by virtue of Part II of this Act.

(2) The Authority's statement of policy under this section shall include a statement of its policy with regard to the following matters—

(a)	the carrying out of its duties under this Act insofar as they relate to its determination of charges;

(b)	the matters to be taken into account and the methodologies to be applied in its determination of charges; and

(c)	the extent to which the performance of functions by persons with powers and duties conferred or imposed by or under this Act or any other enactment are relevant to its determination of charges.

(4) The Authority may revise its statement of policy and where it does so shall publish the revised statement.

(5) Publication under this section shall be in such manner as the Authority considers appropriate for the purpose of bringing the matters contained in the statement of policy to the attention of persons likely to be affected by them and shall not be made less than twelve months before a periodic review.

(6) When preparing or revising its statement of policy under this section, the Authority shall consult relevant undertakers and such other persons as it considers appropriate, subject to the requirements of subsection (7) below.

(7) For the purposes of subsection (6) above—

(a)	consultation shall be by way of written notice given by the Authority not less than six months prior to the publication of the statement of policy which it is preparing or revising;

(b)	such notice shall state—

(i)	the matters which the Authority proposes to publish in its statement of policy and its reasons for including them in the statement; and

(ii)	a period of not less than three months within which that person may give written notice of objection with respect to the matters referred to in the notice; and

(c)	the Authority shall give each person a reasonable opportunity to make oral representations to it on the matters referred to in the notice.

(a)	no notice of objection to the policy is given to the Authority within the time period specified in its notice under subsection (7); or

(b)	if one or more relevant undertakers gives notice of objection to the Authority within that time—

(i)	the proportion (expressed as a percentage) of the relevant undertakers who have given notice of objection is less than such percentage as may be prescribed; and

(ii)	the percentage given by subsection (9) is less than such percentage as may be prescribed.

(10) If the conditions referred to in subsection (8) are not met, the Authority shall (within three months of its receipt of the first or only notice of objection) refer the policy to the Competition Commission for review.

(11) Where a reference is made to the Competition Commission under this section, it shall be the duty of the Competition Commission to determine whether the policy which is the subject of the reference operates in a manner best calculated to fulfil the duties of the Authority arising under this Act.

(12) Where a reference is made to the Competition Commission under this section, the Authority shall not prepare or revise its statement of policy other than on the basis of the determinations of the Competition Commission.

(13) The Secretary of State may by regulations make such provision as he considers appropriate for regulating the procedure to be followed with respect to any reference to the Competition Commission under this section.

(14) Without prejudice to the generality of the power conferred by subsection (13) above, regulations under that subsection may, in relation to any such reference, apply (with or without modifications) the provisions of any enactment relating to the references to the Competition Commission under the provisions of this Act, the Fair Trading Act 1973 or the Competition Act 1988.".'.