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

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Discharges to watercourses


Mr Bill Wiggin
Mr George Osborne


To move the following Clause:—

    '(1)   After section 165 of the WIA, there is inserted—

          "165A   Power to discharge to watercourses

          (1)   Subject to the following provisions of this section, every sewerage undertaker may, for the purpose of carrying out its functions, discharge water with or without other matter from any relevant pipe into any watercourse.

          (2)   Nothing in this section shall authorise any discharge which—

          (a) damages or injuriously affects the works or property of any railway undertakers, navigation authority or riparian owner; or

          (b) floods or damages any highway.

          (3)   Nothing in this section shall be construed as permitting the making of any discharge without the authority of any consent that may be required by virtue of Part III of the Water Resources Act 1991.

          (4)   The provisions of paragraph 6 of Schedule 12 to this Act shall apply to the exercise of the powers conferred by subsection (1) above.

          (5)   In this section 'relevant pipe' means any sewer, storm-water overflow, sewer, disposal main, lateral drain or outfall owned by or vested in a sewerage undertaker."

    (2)   In section 219(1) of the WIA (general interpretation), in the definition of "accessories", after "wash-out pipes," there is inserted "outfalls (with ancillary works)".

    (3)   In Schedule 12 to the WIA (compensation etc. in respect of pipe-laying and other works powers)—

      (a) in paragraph 6(1)(a), after "section 165" there is inserted "for section 165A"; and

      (b) in paragraph 6(2)(b), after "section 165 of this Act" there is inserted ", or of water or effluent under section 165A of this Act.".'.

Composition of regional flood defence committees


Mr Bill Wiggin
Mr George Osborne


To move the following Clause:—

    '(1)   Section 15 of the Environment Act 1995 (composition of regional flood defence committees) is amended as follows.

    (2)   After subsection (5) there is inserted—

          "(5A)   Where the Secretary of State has revoked any local flood defence scheme under section 18A of this Act, in appointing members of retained or new regional flood defence committees the Secretary of State shall have regard to the desirability of appointing persons who have knowledge and experience of flood defence in the local areas of those committees.".'.

Consultation on the cost of environmental protection measures


Norman Baker
Sue Doughty
Richard Younger-Ross


To move the following Clause:—

    'After section 3 of the WIA there is inserted—

          "3A Consultation and liability for expenses incurred in implementing environmental protection regulations

          (1)   Where a regulation that takes effect after the enactment of this section requires a water undertaker or sewerage undertaker to incur costs for works to meet environmental protection requirements, the Secretary of State shall carry out a financial impact assessment.

          (2)   In making a financial impact assessment for the purposes of this section, the Secretary of State shall report on the balance of the works benefit to local populations and customers of the relevant undertaker as compared with the environmental benefits that are considered to be in the general national interest.

          (3)   For the purposes of subsections (1) and (2) above the Secretary of State shall consult—

          (a) the Authority;

          (b) the Council;

          (c) the Environment Agency;

          (d) relevant undertakers;

          (e) such other persons as the Secretary of State considers it appropriate to consult; and

          (f) where the regulations apply to Wales, the Assembly.

          (4)   The Secretary of State shall send a copy of the financial impact assessment to all consultees and publish it in such a manner as he considers appropriate.

          (5)   The Secretary of State may direct the Environment Agency to exercise his duties under subsections (1) to (4) above.

          (6)   Following receipt of a financial impact assessment under this section, the Authority shall, based on the report made for the purposes of subsection (2) above, determine a percentage of the full estimated costs for works required by the relevant regulation or regulations that shall be met by relevant undertakers.

          (7)   The Authority shall direct that the remaining percentage of estimated costs is met by all water undertakers or sewerage undertakers, as the case may be, in direct ratio to the number of households to which they provide water services or sewerage services or both as a proportion of the total number of households in England and Wales.

          (8)   Following the written request of a water undertaker or sewerage undertaker, in cases where the undertaker has ongoing financial liabilities for works required by regulations made before this section comes into force, the Secretary of State may decide to undertake a financial impact assessment under this section.

          (9)   If a financial impact assessment is made under the provisions of subsection (8) above, the Authority shall apply the provisions of subsections (6) and (7) above to the remaining financial liabilities instead of the full estimated costs.

          (10)   The Secretary of State must provide an undertaker with a written decision on any request made under subsection (8), and provide explanation of the reasons for his decision, within 12 weeks of receiving any such request from an undertaker.

          (11)   The Secretary of State may make regulations for the purposes of this section.".'.

Power to require adoption of private sewers in Wales


Mr Simon Thomas


To move the following Clause:—

    'After section 102 of the WIA there is inserted—

          "102A Power to require adoption of private sewers in Wales

          (1)   As regards Wales the National Assembly for Wales may by 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—

          (a) situated within the area of a sewerage undertaker or which serves the whole of or any part of that area; and

          (b) not vested in a sewerage undertaker.

          (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.".'.


Secretary Margaret Beckett


Page     74,     line     33     [Clause     57],     at end insert—

    '( )   Any such proceedings by the Assembly may be instituted and carried on in the name of the Chief Inspector of Drinking Water for Wales, if there is one (or, if subsection (1B)(b) above applies, in the name of the Chief Inspector of Drinking Water).'.


Mr Andrew George


Page     75,     line     5     [Clause     57],     at end insert—

    '(11)   In section 222 (application to Isles of Scilly)—

      (a) in subsection (2), after the word "NRA", there is inserted the words "the Chief Inspector of Drinking Water"; and

      (b) after subsection (2) there is inserted—

      "(2A) The Secretary of State shall, within a period of one year after the coming into force of section 57 of the Water Act 2003, make proposals to the Council of the Isles of Scilly for the making of an order under subsection (2) in relation to the carrying out of the functions of the Chief Inspector of Drinking Water in those Isles.".'.


Secretary Margaret Beckett


Page     83,     line     23     [Clause     62],     leave out 'and in accordance with'.


Norman Baker
Sue Doughty


Page     83,     line     36     [Clause     62],     at end insert—

    '(3A)   A water resources management plan that contains proposals for infrastructure investment intended to meet the requirements of an estimated growth in the quantities of water required, made by an undertaker for the purposes of subsection (3)(a) above, must include—

      (a) a least cost planning assessment that shall address in particular the potential effects of investment in—

      (i) water conservation promotion and education;

      (ii) water efficiency technology; and

      (iii) compulsory metering;

      (b) a comparative risk assessment for each infrastructure investment option or alternative proposal considered; and

      (c) such other information as the Secretary of State may specify in directions.'.


Mr Bill Wiggin
Mr George Osborne


Page     100     [Clause 83],     leave out lines 40 and 41 and insert 'have a duty to promote water conservation.'.


Secretary Margaret Beckett


Page     100,     line     40     [Clause     83],     at end insert 'or to be supplied'.


Secretary Margaret Beckett


Page     101,     line     13     [Clause     83],     after 'is', insert 'or is deemed to be'.


Secretary Margaret Beckett


Page     116,     line     24     [Clause     92],     leave out 'subsections (4) and (5)' and insert 'subsection (4)'.


Secretary Margaret Beckett


Page     116,     line     34     [Clause     92],     leave out from 'of' to 'whether' in line 35.


Secretary Margaret Beckett


Page     116,     line     38     [Clause     92],     at end insert—

    'and in subsection (4) of that section, after "subsection (1)" there is inserted "or (1A)".'.

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