Licences to Abstract Water
Amendment made: No. 54, in page 2, leave out lines 6 and 7 and insert
'(i) transferring water to another source of supply; or
(ii) transferring water to the same source of supply, but at another point, in the course of dewatering activities in connection with mining, quarrying, engineering, building or other operations (whether underground or on the surface),
in either case without intervening use (a "transfer licence");'.[Mr. Morley.]
Restrictions on Impounding
Amendment made: No. 55, in page 3, line 19, leave out ' "relevant' and insert ' "the relevant'.[Mr. Morley.]
Existing Impounding Works
Amendments made: No. 56, in page 4, line 6, leave out paragraph (a).
No. 57, in page 4, line 8, leave out 'such notices' and insert
'notices of appeal under subsection (4)'.
No. 58, in page 4, line 39, leave out 'otherwise,' and insert 'in relation to England,'.[Mr. Morley.]
Orders under Section 33 of the WRA, etc
Amendment made: No. 59, in page 13, line 34, leave out 'be taken to continue' and insert 'continue to be taken'.[Mr. Morley.]
General Consideration of Licence Applications
Amendments made: No. 60, in page 18, line 42, at end insert 'or a transfer licence'.
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No. 61, in page 19, line 1, leave out 'full licence' and insert
'licence of the same type'.[Mr. Morley.]
Amendments made: No. 62, in page 20, line 20, leave out 'is taken to continue' and insert 'continues to be taken'.
No. 63, in page 20, line 23, leave out
'(subject to subsection (11) of that section)'.
No. 64, in page 20, line 25, leave out 'is taken to continue' and insert 'continues to be taken'.
No. 65, in page 20, line 28, leave out 'is taken to continue' and insert 'continues to be taken'.
No. 66, in page 20, line 36, leave out
'that quantity or, if lower,'.
No. 67, in page 20, leave out lines 38 to 44 and insert
'(3) The maximum quantity is the lower of the following
(a) twenty cubic metres;
(b) if, by virtue of an order under section 27A(1) above, section 27(1) above has, or has ever had, effect in relation to the source of supply and point of abstraction in question as if it referred to a quantity lower than twenty cubic metres, that lower quantity (or, if more than one, the lowest of them.'.
No. 68, in page 21, line 18, leave out 'other provision mentioned in' and insert
'provision mentioned in paragraph (a), (c), (d), (e) or (f) of'.
No. 69, in page 21, line 29, leave out 'be taken to continue' and insert 'continue to be taken'.
No. 70, in page 21, line 32, leave out 'be taken to continue' and insert 'continue to be taken'.
No. 71, in page 21, line 45, after 'or', insert 'abstractions'.
No. 72, in page 21, line 48, leave out 'subsection (8)' and insert 'subsections (8) and (9)'.[Mr. Morley.]
Form, Contents and Effect of Licences
Amendments made: No. 73, in page 23, line 13, leave out '(4)' and insert '(4A)'.
No. 74, in page 23, line 33, at end insert
'(4A) In subsection (7), for "or by different means" there is substituted ", by different means or for different purposes".'.[Mr. Morley.]
Transfer and Apportionment of Licences
Amendments made: No. 75, in page 27, line 45, after 'licence', insert
'other than a temporary licence'.
No. 76, in page 28, line 21, leave out
'it is proposed he be permitted'
and insert 'he proposes'.
No. 77, in page 28, line 24, leave out
'it is proposed he be permitted'
and insert 'he proposes'.
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No. 78, in page 28, line 25, 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'.
No. 79, in page 28, line 30, leave out
'those persons would be permitted to'
'that the persons referred to in paragraph (a) above would'.
No. 80, in page 29, line 36, leave out 'of four years' and insert
'mentioned in subsection (11A) below'.
No. 81, in page 29, line 40, 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.'.
No. 82, in page 29, line 42, 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.'.[Mr. Morley.]
Claims Arising out of Water Abstraction
Amendments made: No. 83, in page 31, line 15, leave out second 'loss or damage'.
No. 84, in page 31, line 16, after 'and', insert 'is loss or damage'.[Mr. Morley.]
Withdrawal of Compensation for Certain Revocations and Variations
Amendment made: No. 85, in page 33, line 18, after 'WRA', insert
'(which provide for the Secretary of State to direct the Environment Agency to revoke or vary a licence in certain circumstances)'.[Mr. Morley.]
New Clause 5
(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.
'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 2 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
10 Nov 2003 : Column 45
(3) The Authority shall determine charges in periodic reviews and interim determinations under a company's instrument of appointment as a relevant undertaker on the basis of the most recently published statement of policy.
(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.
(8) The Authority shall not issue or publish a statement of policy unless
(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.
(9) The percentage given by this subsection is the proportion (expressed as a percentage) of the relevant undertakers who have given notice of objection, weighted according to their market share in such manner 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.
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(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.".'.[Mr. Wiggin.]
Brought up, and read the First time.
I beg to move, That the clause be read a Second time.