Vote Bundle Text (931106-04)

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

back to previous text

Mr Bill Wiggin
Mr George Osborne

Page 54, line 35 [Clause 44], leave out from 'unincorporate)' to end of line 13 on page 55 and insert 'may be published in the exercise of the Council's function under this section if—

(a) the individual or body has consented to the disclosure; or

(b) the benefit to the interests of consumers from publishing the information would, in the opinion of the Council, be greater than any prejudicial effect to the interests of the individual or body.'.

Secretary Margaret Beckett

*Page 70, line 1 [Clause 54], leave out '14A and 14B' and insert '16A and 16B'.

Secretary Margaret Beckett

*Page 73, line 24 [Clause 55], leave out 'has been' and insert 'is'.

Secretary Margaret Beckett

*Page 73, line 27 [Clause 55], leave out from 'which' to 'within' in line 28.

Mr Andrew Lansley

Page 174, line 35 [Schedule 4], leave out from 'which' to end of line 39 and insert 'represents either—

(a) the amount which the water undertaker—

(i) reasonably expected to recover from relevant customers; but

(ii) is unable to recover from those customers as a result of their premises being supplied with water by the licensed water supplier; or

(b) the amount which represents the costs incurred by the water undertaker in carrying out its functions insofar as they are—

(i) directly related to the customer in question, or

(ii) represent an allocation of the water undertakers' fixed costs,

as the Authority may in any case determine.

(3A) The Authority may, in determining the appropriate amount for the purposes of subsection (3) above, take account of the benefits to consumers of determining an amount which promotes competition in wholesale water supply by secondary water undertakers.'.

NEW CLAUSES RELATING TO PART 3 (OTHER THAN THOSE RELATING TO FLUORIDATION)

Schemes for the adoption of sewers, lateral drains and sewage disposal works

Secretary Margaret Beckett

NC14

*To move the following Clause:—

'After section 105 of the WIA there is inserted—

"105A Schemes for the adoption of sewers, lateral drains and sewage disposal works

(1) The Secretary of State may by regulations provide for him to make schemes for the adoption by sewerage undertakers of sewers, lateral drains and sewage disposal works of the descriptions set out in paragraphs (a), (aa) and (b) of section 102(1) above.

(2) The regulations may require sewerage undertakers to prepare draft schemes and to submit them to the Secretary of State.

(3) Each scheme shall relate to—

(a) the area of a sewerage undertaker, or part or parts of it; or

(b) the areas of more than one sewerage undertaker, or part or parts of them.

(4) It shall be the duty of a sewerage undertaker, in specified circumstances, to exercise its powers under section 102 above with a view to making the declaration referred to in subsection (1) of that section in relation to sewers, lateral drains or sewage disposal works which—

(a) fall within the area to which a scheme relates; and

(b) satisfy specified criteria.

(5) The circumstances and the criteria shall each be—

(a) specified in the regulations; or

(b) determined in accordance with the regulations and specified in the scheme.

(6) In relation to the exercise of those powers pursuant to that duty—

(a) section 102 above shall have effect—

(i) with the omission of subsections (2), (5) and (7);

(ii) as if in subsection (1) the words "sections 103, 105 and 146(3) below" read "section 105B below";

(iii) with the omission of the words "or application" in subsection (3);

(iv) as if for subsection (4)(a) there were substituted—

"(a) shall give notice of its proposal to the owner or owners of the sewer, lateral drain or works in question unless, after diligent enquiry, he or they cannot be traced;

(aa) shall publish notice of its proposal in the prescribed manner; and";

(v) as if in subsection (4)(b) "two months" read "two months or, if longer, the period specified by virtue of section 105B(5) below" and "section 105 below" read "section 105B(4) or (5) below, or "; and

(vi) as if section 96(3) of the Water Act 2003 did not apply;

(b) sections 103 and 105 above shall not apply; and

(c) if the regulations so provide, section 146(3) below shall not apply in circumstances or cases specified in the regulations.

(7) A duty imposed on a sewerage undertaker under subsection (4) above shall be enforceable by the Secretary of State under section 18 above.

(8) A statutory instrument containing regulations under subsection (1) above shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

105B Adoption schemes: appeals

(1) Any person falling within subsection (2) below may appeal to the Authority if he is aggrieved by—

(a) the proposal of a sewerage undertaker to make a declaration under section 102 above in relation to a sewer, lateral drain or sewage disposal works, pursuant to the undertaker's duty to do so under section 105A(4) above (the "relevant duty"); or

(b) the failure of a sewerage undertaker to make such a proposal pursuant to that duty.

(2) The persons referred to are—

(a) an owner of a sewer, lateral drain or sewage disposal works;

(b) any other person affected by the proposal, or the failure, in question.

(3) The grounds upon which a person may appeal are—

(a) in a subsection (1)(a) case, that the relevant duty is not owed in relation to the sewer, lateral drain or sewage disposal works, or that the making of the proposed declaration would be seriously detrimental to him;

(b) in a subsection (1)(b) case, that the relevant duty is owed in relation to the sewer, lateral drain or sewage disposal works; or

(4) An appeal under subsection (1)(a) above shall be made within two months after notice of the proposal is—

(a) served on the owner of the sewer, lateral drain or sewage disposal works; or

(b) published in accordance with section 102(4) above as modified by section 105A(6) above,

(or, if both occur, within two months after whichever is the later).

(5) An appeal under subsection (1)(b) above shall be made within such period as is specified in the scheme (not being less than two months).

(6) On the hearing of an appeal under subsection (1) above, the Authority may—

(a) in a subsection (1)(a) case, allow or disallow the proposal of the sewerage undertaker; or

(b) in a subsection (1)(b) case, determine that the undertaker was not under the relevant duty in relation to the sewer, lateral drain or sewage disposal works in question,

or, in either case, make any declaration that the sewerage undertaker might have made, unless the proposal is disallowed.

(7) If, in a subsection (1)(a) case, the Authority finds that the making of the proposed declaration would be seriously detrimental to the appellant, it shall disregard any duty on the part of the sewerage undertaker to make the proposal for the purpose of determining whether to allow or disallow the proposal.

(8) If, in a subsection (1)(a) case, the Authority disallows the proposal of the sewerage undertaker, the scheme pursuant to which it was made shall have effect as if there were no duty under section 105A(4) above on the sewerage undertaker in relation to the sewer, lateral drain or sewage disposal works in question.

(9) Where the Authority makes a declaration under subsection (6) above, it may, if it thinks fit—

(a) specify conditions, including conditions as to the payment of compensation by the sewerage undertaker; and

(b) direct that its declaration shall not take effect unless any conditions so specified are accepted.

(10) A declaration made under subsection (6) above shall have the same effect as if it had been made by the undertaker.

(11) The Secretary of State may by regulations make further provision in connection with appeals under this section.

(12) The regulations may, in particular, require the Authority to have regard to prescribed matters when determining an appeal under this section.

105C Adoption schemes: supplementary

(1) The Secretary of State may vary any scheme, or revoke it.

(2) Before making regulations or any scheme under section 105A above, and before amending or revoking the regulations or varying or revoking a scheme, the Secretary of State shall consult—

(a) each sewerage undertaker which would be affected;

(b) the Authority;

(d) such other persons as the Secretary of State considers appropriate.

(3) The Secretary of State shall publish each scheme he makes, and any such scheme as varied, in the way he considers best for the purpose of bringing it to the attention of those likely to be affected by it.".'.

Water resources management plans and drought plans: implementation

Mr Bill Wiggin
Mr George Osborne

NC4

To move the following Clause:—

'After section 39C of the WIA there is inserted—

"39D Water resources management plans and drought plans: implementation

In carrying out their respective functions, the Environment Agency and the Authority shall—

(a) take into account the requirements of—

(i) all water resources management plans prepared in accordance with sections 37A to 37D above, and

(ii) all drought plans prepared in accordance with sections 39B and 39C above; and

(b) in that regard co-ordinate the exercise of their respective functions.".'.