Vote Bundle Text (931106-03)

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

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Health and Safety Commission

Mr Bill Wiggin
Mr George Osborne

NC6

To move the following Clause:—

'After section 2 of the WIA there is inserted—

2A Health and Safety Commission

(1) The Secretary of State, the Assembly and the Authority shall from time to time consult the Health and Safety Commission, and relevant undertakers, about all safety matters which may be relevant to the carrying out of any of their and relevant undertakers' respective functions under this Act.

(2) The Secretary of State, the Assembly and the Authority shall, in carrying out their functions under this Act, take into account any advice given by the Health and Safety Commission about any safety issue, whether or not in response to consultation under subsection (1).".'.

Appeals against enforcement orders

Mr Bill Wiggin
Mr George Osborne

NC7

To move the following Clause:—

'(1) Section 21 of the WIA (validity of enforcement orders) is amended as follows.

(2) At the end of paragraph (a) of subsection (1), there is omitted the word "or".

(3) After paragraph (b) of subsection (1), there is added—

"(c)	that the making or confirmation of the order was based on an error of law or fact; or

(d)	that in the circumstances of the case, the making or confirmation of the order was not reasonable."

(4) For subsection (2) there is substituted—

(a)	quash the order or any provision of the order; or

(b)	vary the whole of the order, or any part of the order whether the application relates to that part of the order or not.".'.

Duty to carry out regulatory impact assessments

Mr Andrew Lansley

NC10

To move the following Clause:—

'After section 5 of the WIA there is inserted—

"5A Duty to carry out impact assessments

(1) This section applies where—

(a)	the Authority is proposing to do anything for the purposes of, or in connection with, the carrying out of its functions; and

(b)	it appears to it that the proposal is important;

but this section does not apply if it appears to the Authority that the urgency of the matter makes it impracticable or inappropriate for it to comply with the requirements of this section.

(2) A proposal is important for the purposes of this section only if its implementation would be likely to do one or more of the following—

(a)	to involve a major change in the activities carried on by the Authority;

(b)	to have a significant impact on persons carrying on business in the markets for any of the services and facilities in relation to which the Authority has functions; or

(c)	to have a significant impact on the general public in England and Wales or in a part of England and Wales.

(3) Before implementing its proposal, the Authority must either—

(a)	carry out and publish an assessment of the likely impact of implementing the proposal; or

(b)	publish a statement setting out its reasons for thinking that it is unnecessary for it to carry out an assessment.

(4) An assessment carried out under this section—

(a)	may take such form, and

(b)	must relate to such matters.

as the Authority considers appropriate.

(5) In determining the matters to which an assessment under this section should relate, the Authority must have regard to such general guidance relating to the carrying out of impact assessments as it considers appropriate.

(6) Where the Authority publishes an assessment under this section—

(a)	it must provide an opportunity of making representations to it about its proposal to members of the public and other persons who, in the Authority's opinion, are likely to be affected to a significant extent by its implementation;

(b)	the published assessment must be accompanied by a statement setting out how representations may be made; and

(c)	the Authority is not to implement its proposal unless the period for making representations about it has expired and it has considered all the representations that were made in that period.

(7) Where the Authority is required (apart from this section)—

(a)	to consult about a proposal to which this section applies, or

(b)	to give a person an opportunity of making representations about it,

the requirements of this section are in addition to, but may be performed contemporaneously with, the other requirements.

(8) Every report under section 192B must set out—

(a)	a list of the assessments under this section carried out during the financial year to which the report relates; and

(b)	a summary of the decisions taken during that year in relation to proposals to which assessments carried out in that year or previous financial years relate.

(9) The publication of anything under this section must be in such manner as the Authority considers appropriate for bringing it to the attention of the persons who, in the Authority's opinion, are likely to be affected if its proposal is implemented.".'.

Mr Andrew Lansley

Page 135, line 8 [Schedule 1], after 'chairman', insert ', a chief executive'.

Mr Simon Thomas

Page 135, line 8 [Schedule 1], leave out 'and'.

Mr Andrew Lansley

Page 135, line 8 [Schedule 1], leave out 'at least two' and insert 'no fewer than three'.

Mr Simon Thomas

Page 135, line 9 [Schedule 1], at end insert 'and one other member appointed by the National Assembly for Wales'.

Mr Andrew Lansley

Page 135, line 9 [Schedule 1], at end insert—

'(1A) Including the chairman, the majority of members of the Authority shall be non-executive members.'.

Mr Simon Thomas

Page 135, line 24 [Schedule 1], after 'State', insert 'or the National Assembly for Wales in the case of a member appointed by the Assembly'.

Mr Bill Wiggin
Mr George Osborne

Page 136, line 15 [Schedule 1], at beginning insert—

'(1) The Secretary of State shall, after consulting the chairman and the Assembly, appoint a person (who may, subject to sub-paragraph (2), also be a member of the Authority) to act as chief executive of the Authority on such terms and conditions as the Secretary of State may think appropriate.

(2) A person appointed as chief executive may not at the same time be a chairman.'.

Secretary Margaret Beckett

*Page 39 [Clause 35], leave out lines 40 to 42 and insert—

'( ) The Council shall exercise and perform its powers and duties in the manner which it considers is best calculated to contribute to the achievement of sustainable development.'.

Mr Simon Thomas

*Page 141, line 4 [Schedule 2], at end insert—

'(1A) The Council may not establish a regional committee for an area that is partly in Wales and partly in England.'.

Mr Simon Thomas

*Page 142, line 6 [Schedule 2], leave out 'or mainly'.

Mr Simon Thomas

*Page 142, line 8 [Schedule 2], leave out 'or mainly'.

Mr Andrew Lansley

Page 42, line 20 [Clause 38], at end insert—

'(2A) That description must include, so far as the Authority believes it to be relevant for the financial year in question, a statement concerning how the Authority intends thereby to meet its objectives and duties.'.

Norman Baker
Sue Doughty

127

*Page 48, line 34 [Clause 41], after 'research', insert 'and regulatory impact assessment'.

Norman Baker
Sue Doughty

128

*Page 48, line 47 [Clause 41], at end insert '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.

(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.'.

Norman Baker
Sue Doughty

129

*Page 50, line 17 [Clause 42], after 'research', insert 'and regulatory impact assessment'.

Norman Baker
Sue Doughty

130

*Page 50, line 30 [Clause 42], at end insert '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.