Notices of Amendments: 5 January 2010

22

Flood and Water Management Bill, continued

Member’s explanatory statement

This is to de-link profit and increased resource use. It requires the Secretary of State to set up a

fund to pay for flood prevention measures out of extra profits the water companies receive.

Ofwat having regard to environmental measures

Martin Horwood

Mr Roger Williams

NC3

To move the following Clause:—

‘(1)	The Water Industry Act 1991 (as amended by the Water Act 2003) is amended as

follows.

(2)	After section 39(4)(e) insert—

“(f)	“sustainable development” is defined as, but not limited to,

furthering the interests of existing and future consumers

regarding—

(i)	their interests in the reduction of water-supply emissions

of targeted greenhouse gases;

(ii)	their interests in the security of supply of water to them;

(iii)

their interests in the broader water environment,

including but not limited to, biodiversity and flood

alleviation.

(g)	in this section—

(i)	“emissions” has the same meaning as in the Climate

Change Act 2008;

(ii)	“water-supply emissions” in relation to emissions of a

targeted greenhouse gas means any such emissions

(wherever their source) that are wholly or partly

attributable to, or to commercial activities connected

with, the shipping, transportation or supply of water

conveyed through pipes;

(iii)

“targeted greenhouse gases” has the same meaning as in

Part 1 of the Climate Change Act 2008.”’.

Member’s explanatory statement

This amends the Water Industry Act 1991 to give Ofwat a remit that includes having regard to

greenhouse gas emissions and security of supply.

Insurance

Martin Horwood

Mr Roger Williams

NC4

To move the following Clause:—

Notices of Amendments: 5 January 2010

23

Flood and Water Management Bill, continued

‘(1)	Within one year of the passing of this Act the Secretary of State must bring

forward regulations concerning the operation of insurance companies with regard

to flood-affected consumers.

(2)	Such regulations must have regard to ensuring an equitable system based on the

principle of shared risk.

(3)	The Secretary of State must consult all interested bodies as the Secretary of State

may determine.

(4)	The regulations in assessing risk and calculating premiums and excess charges for

consumers must include but not be limited to—

(a)	taking account of flood prevention measures and defences installed by

consumers,

(b)	taking account of flood prevention measures and defences installed by

local authorities and or national agencies.

(5)	In implementing the regulations the Secretary of State must bring forward

proposals for a national accredited scheme of flood prevention and defence

measures to which insurance companies must have regard.

(6)	In bringing forward proposals for a national accredited scheme of flood

prevention and defence measures, the Secretary of State must consult with the

Welsh Minister on what should be contained therein.’.

Member’s explanatory statement

This requires the Secretary of State to bring forward regulations to ensure that insurance compa­

nies take into account the principle of shared risk so that no customer is left with high premiums /

excess charges and take into account flood prevention measures that people have installed.

Compensation scheme

Martin Horwood

Mr Roger Williams

NC5

To move the following Clause:—

‘For households considered at permanent and sustained risk of flooding and

coastal erosion and where no flood or coastal erosion defence or prevention

measures are considered practical, the Secretary of State must bring forward

regulations to provide a compensation scheme for communities and or

households.’.

Member’s explanatory statement

For houses that can’t be insured at a decent premium a system of compensation should be set up.

Planning

Martin Horwood

Mr Roger Williams

NC6

To move the following Clause:—

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24

Flood and Water Management Bill, continued

‘The Secretary of State must within one year of the passing of this Act work with

other relevant Ministers to amend the Code for Sustainable Homes to ensure that

homes are built with regard to flood resilience.’.

Member’s explanatory statement

This amends the planning guidance under the Code for Sustainable Homes to make sure that flood

resilience is taken into account in planning decisions.

Definition of high flood risk

Martin Horwood

Mr Roger Williams

NC7

To move the following Clause:—

‘(1)	The Secretary of State must ensure by regulations that local development

frameworks must develop a definition of an area as being “high flood risk”.

(2)	The Secretary of State must consult all interested bodies as the Secretary of State

may determine.’.

Definition of high flood risk (No. 2)

Martin Horwood

Mr Roger Williams

NC8

To move the following Clause:—

‘(1)	The Town and Country Planning Act 1990 is amended as follows.

(2)	In section 70, after (b) insert—

“(c)	For all applications within high flood risk areas, the local

planning authority may cite high flood risk as grounds for

refusal.”’.

Member’s explanatory statement

This is to ensure that the Secretary of State sets up regulations to ensure the local development

frameworks define certain areas as ‘high flood risk’, with amendment to the Town and Country

Planning Act to ensure it is applied.

Flood risk management function

Miss Anne McIntosh

Angela Watkinson

NC9

To move the following Clause:—

Notices of Amendments: 5 January 2010

25

Flood and Water Management Bill, continued

‘The flood risk management function will be scrutinised in accordance with the

provisions of the bill by both Houses of Parliament under the provisions of the

European Communities Act 1972.’.

Regular maintenance of water courses

Miss Anne McIntosh

Angela Watkinson

NC10

To move the following Clause:—

‘The Environment Agency must undertake a programme of regular maintenance

work of major water courses on an annual basis with quarterly reports to both

Houses of Parliament.’.

Pilot schemes for adoption of private drains

Miss Anne McIntosh

Angela Watkinson

NC11

To move the following Clause:—

‘The Environment Agency must establish a pilot scheme with the aim of—

(a)	auditing all private drains and sewers;

(b)	assessing their condition;

(c)	estimating the likely cost of adopting all private drains and sewers in

2011, and

(d)	estimating the likely cost on customers’ bills.’.

Sustainable urban drainage systems

Miss Anne McIntosh

Angela Watkinson

NC12

To move the following Clause:—

‘A full definition of Sustainable Urban Drainage Systems (SUDS) is “Sustainable

drainage systems or sustainable (urban) drainage systems: a sequence of

management practices and control structures designed to drain surface water in a

Notices of Amendments: 5 January 2010

26

Flood and Water Management Bill, continued

more sustainable fashion than some conventional techniques (may also be

referred to as SuDS).”.’.

Ownership and maintenance of sustainable urban drainage systems

Miss Anne McIntosh

Angela Watkinson

NC13

To move the following Clause:—

‘It shall be stated which body has to be responsible for—

(a)	the ownership, and

(b)	maintenance of sustainable urban drainage systems.’.

No automatic connection to waste water pipes for major new developments

Miss Anne McIntosh

Angela Watkinson

NC14

To move the following Clause:—

‘(1)	There shall be no connection to waste water pipes or drains granted until—

(a)	water companies have been consulted on the capacity of the existing

system to manage the extra demands from new properties;

(b)	water companies have conducted a detailed assessment of the likely extra

demand and the capacity of the existing system to handle it;

(c)	financial responsiblity for building the extra infrastructure has been

apportioned, and

(d)	formal planning permission has been given.’.

Water companies to be statutory consultees

Miss Anne McIntosh

Angela Watkinson

NC15

To move the following Clause:—

‘(1)	The relevant planning authority for all major new developments must consult

equally—

(a)	water companies and

(b)	the Environment Agency.

(2)	The consultations must—

Notices of Amendments: 5 January 2010

27

Flood and Water Management Bill, continued

(a)	be in accordance with PPS 25;

(b)	establish the impact of the proposed new development on the local

drainage system, and

(c)	inform the planning application process.’.

Staffing and resources for Environment Agency

Miss Anne McIntosh

Angela Watkinson

NC16

To move the following Clause:—

‘(1)	The Secretary of State must make an assessment of the staff, equipment and

resources required by the Environment Agency to implement the provisions of

the Act in accordance with the lessons learnt from floods of 2007.’.

Resilience of critical infrastructure

Miss Anne McIntosh

Angela Watkinson

NC17

To move the following Clause:—

‘(1)	The Secretary of State may by order require utility companies to report on their

critical infrastructure and their ability to withstand future floods.

(2)	The Secretary of State must lay before Parliament a copy of each report received

under subsection (1).’.

Resilience of individual properties, households and businesses

Miss Anne McIntosh

Angela Watkinson

NC18

To move the following Clause:—

‘(1)	The Environment Agency must submit an annual report to the Secretary of State.

(2)	In particular, the report must include information on—

(a)	the take up of flood warnings by property owners and tenants,

(b)	the take up of additional anti-flood measures on properties previously

flooded before reoccupation,

Notices of Amendments: 5 January 2010

28

Flood and Water Management Bill, continued

(c)	any developments with insurance companies on anti-flood measures that

could be adopted that would reduce the insurance premiums for

properties at risk of flooding.’.

Annual report from the British Standards Institute

Miss Anne McIntosh

Angela Watkinson

NC19

To move the following Clause:—

‘(1)	The Secretary of State may by order require the British Standards Institute to

submit an annual report to the Secretary of State.

(2)	In particular, the report must include information on—

(a)	the burden of proof required to obtain the kitemark for flood resistant

products,

(b)	the number of kitemarks issued in that year,

(c)	the number of products which fail to meet the test of resistance which led

to further flooding of any particular property.

(3)	The Secretary of State must lay before Parliament a copy of the report received

under subsection (1).

(4)	A report under this section must be laid before and approved by a resolution of

each House of Parliament.’.

Annual report from the Climate Change Adaptation Sub Committee

Miss Anne McIntosh

Angela Watkinson

NC20

To move the following Clause:—

‘(1)	The Secretary of State may by order require the Climate Change Adaptation Sub

Committee to submit an annual report to the Secretary of State.

(2)	In particular, the report must include information on the progress towards

implementing each recommendation for adapting to climate change.’.

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Revised 6 January 2010