Public Bill Committee: 12 January 2010

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Flood and Water Management Bill, continued

(i)	designate under section 63 of the New Roads and Street Works

Act 1991 (streets with special engineering difficulties) any

adopted part of the drainage system that is a street within the

meaning of section 48 of that Act.’.

Miss Anne McIntosh

Angela Watkinson

31

Schedule  3,  page  55,  line  39,  at end insert—

‘(8)	The Minister must consult persons who in the Minister’s opinion represent

interests likely to be affected by this Schedule and publish a report detailing how

the adoption and maintenance of drainage systems is to be funded before the

Schedule is commenced.’.

Huw Irranca-Davies

75

Schedule  3,  page  56,  line  38,  at end insert—

‘(2A)

At the end of section 59 add—

“(7)	Schedule 3 to the Flood and Water Management Act 2010 extends the

power under subsection (1)(c) of this section to sustainable drainage

systems as defined in regulations under that Schedule.”’.

Huw Irranca-Davies

76

Schedule  3,  page  56,  line  40,  leave out ‘omit’ and insert ‘for’.

Huw Irranca-Davies

77

Schedule  3,  page  56,  line  40,  at end insert ‘substitute “(having regard both to the

need to remove water from the court, yard or passage and also to the need to dispose of it

satisfactorily in the course of or after its removal)”.’.

Huw Irranca-Davies

78

Schedule  3,  page  56,  line  40,  at end insert—

‘New Roads and Street Works Act 1991

26	At the end of section 63 of the New Roads and Street Works Act 1991 (streets

with special engineering difficulties) insert—

“(5)	In addition to criteria for designation prescribed under subsection

(2)(a), Schedule 3 to the Flood and Water Management Act 2010

requires designation in certain circumstances (relating to sustainable

drainage systems).”’.

Miss Anne McIntosh

Angela Watkinson

34

Schedule  4,  page  57,  line  15,  leave out ‘10,000’ and insert ‘15,000’.

Public Bill Committee: 12 January 2010

89

Flood and Water Management Bill, continued

Mr Roger Williams

Martin Horwood

Miss Anne McIntosh

Angela Watkinson

130

Schedule  4,  page  71,  line  27,  at end add—

‘43	One year after this Act coming into force the Minister shall carry out a review

of the regulatory impact of this Schedule on undertakers.’.

Miss Anne McIntosh

Angela Watkinson

19

Clause  35,  page  18,  line  1,  leave out subsection (2) and insert—

‘(2)	The regulators must allow a water undertaker or sewerage undertaker to

undertake an infrastructure project which is to be put out to tender in accordance

with the regulators.’.

Angela Watkinson

Miss Anne McIntosh

20

Clause  35,  page  18,  line  1,  leave out subsection (2) and insert—

‘(2)	The regulations may allow the Minister to prohibit a water undertaker or

sewerage undertaker from undertaking a specified infrastructure project which is

to be put out to tender in accordance with the regulations for a period of no more

than one year from the date of specification.’.

Angela Watkinson

Miss Anne McIntosh

21

Clause  35,  page  18,  line  6,  at end insert ‘and shall not prohibit the water or

sewerage undertaker from preparing its own plan in relation to a specified infrastructure

project.’.

Angela Watkinson

Miss Anne McIntosh

145

Clause  36,  page  20,  leave out lines 25 to 27 and insert—

‘(2)	The following uses of water using a hosepipe or similar apparatus may be

prohibited—

(a)	watering gardens, lawns and landscaped areas;

(b)	operating ornamental fountains and cascades;

(c)	cleaning private motor vehicles;

(d)	cleaning private boats, other vessels and watercraft;

(e)	cleaning patios, drives, paths, pavements and other similar artificial

external surfaces;

(f)	operating private water slides and other water-based facilities designed

for the entertainment of children;

Public Bill Committee: 12 January 2010

90

Flood and Water Management Bill, continued

(g)	filling private ponds (other than fish ponds);

(h)	cleaning external surfaces of non-commercial buildings.

(2A)	The use of water using a hosepipe or other means for filling private swimming

pools, paddling pools, hot tubs and similar bathing facilities may also be

prohibited.’.

Angela Watkinson

Miss Anne McIntosh

146

Clause  36,  page  20,  leave out lines 38 to 41 and insert—

‘(6)	Where a water undertaker makes a specific charge for a use which it prohibits

under this section, it must make arrangements for a reasonable reduction of that

charge (including arrangements for repayment or credit where the charge is paid

in advance).’.

Mr Roger Williams

Martin Horwood

27

Clause  36,  page  20,  line  42,  at end insert—

‘(8)	A water undertaker must exercise its powers under this section in conformity with

the relevant code of practice under section 76D.’.

Miss Anne McIntosh

Angela Watkinson

35

Clause  36,  page  20,  line  42,  at end insert—

‘(8)	In this section “private motor vehicle” means any mechanically propelled vehicle

intended or adapted for use on roads other than—

(a)	a public service vehicle within the meaning of the Public Passenger

Vehicles Act 1981(c.14); or

(b)	a goods vehicle within the meaning of the Road Traffic Act 1988 (c.52)

including any vehicle drawn by a private motor car.’.

Miss Anne McIntosh

Angela Watkinson

36

Clause  36,  page  21,  leave out lines 16 and 17.

Miss Anne McIntosh

Angela Watkinson

37

Clause  36,  page  21,  line  17,  at end insert—

‘(d)	set out the reduction in charges to be made under section 76(6).’.

Angela Watkinson

Miss Anne McIntosh

147

Clause  36,  page  21,  leave out lines 45 and 46.

Mr Roger Williams

Martin Horwood

28

Clause  36,  page  22,  line  42,  at end insert—

Public Bill Committee: 12 January 2010

91

Flood and Water Management Bill, continued

‘76D	Codes of practice

(1)	There shall be a code of practice for England and a code of practice for Wales,

issued by the Minister, about water undertakers’ exercise of their powers under

section 76.

(2)	Each code must, in particular, contain provision for the purpose of ensuring

that—

(a)	water undertakers exercise their powers under section 76 in a way that is

proportionate to what is sought to be achieved and that is fair as between

different users or groups of users of water,

(b)	variations in the exercise of powers under section 76 as between water

undertakers for neighbouring areas are kept to a minimum, and

(c)	persons affected by the exercise of a power conferred by that section

receive clear and timely information about its effect.

(3)	In subsection (2)—

(a)	the “proportionate” exercise of powers includes the introduction, or

consideration of introduction, of less restrictive measures (such as

restriction of hosepipe use to alternate days or to particular purposes)

unless and until the water undertaker is satisfied that more restrictive

measures are necessary, and

(b)	the “fair” exercise of powers includes their exercise in a way that reflects

the relative efficiency of different uses of water.

(4)	The Minister—

(a)	may vary or revoke a code, but

(b)	must ensure that a code has effect at all times when section 76 is in force,

and

(c)	must ensure that each code, as it currently has effect, is published in such

way as the Minister considers appropriate.

(5)	Before issuing, varying or revoking a code, the Minister must consult persons

who in the Minister’s opinion represent interests likely to be affected by water

undertakers’ exercise of their powers under section 76.

(6)	In this section—

“code” means a code of practice under subsection (1), and

“the Minister” has the meaning given by section 76A(4).’.

Mr Roger Williams

Martin Horwood

Miss Anne McIntosh

Angela Watkinson

123

Clause  38,  page  22,  line  42,  at end insert—

‘(d)	dwellings,

(e)	the protection of agricultural or other commercial interests.’.

Miss Anne McIntosh

Angela Watkinson

38

Clause  38,  page  23,  leave out lines 1 and 2 and insert—

‘(3)	Condition 2 is that in carrying out the work the Agency—

Public Bill Committee: 12 January 2010

92

Flood and Water Management Bill, continued

(a)	has regard to the national flood and coastal erosion risk management

strategy under section 7, and

(b)	does not create or increase potential harmful consequences of a kind

listed in section 2(4)(a) to (d).’.

Mr Roger Williams

Martin Horwood

Miss Anne McIntosh

Angela Watkinson

124

Clause  38,  page  23,  line  16,  at end insert—

‘(e)	the views of owners and occupiers of land likely, in the opinion of the

Agency, to be directly affected by the carrying out of the work.’.

Miss Anne McIntosh

Angela Watkinson

125

Clause  38,  page  23,  line  39,  at end insert—

‘(16)

The Minister must by regulation provide a right of appeal against a decision by

the Agency to exercise the powers in this section.

(17)	The regulations must—

(a)	confer jurisdiction on the Minister a court or a tribunal and

(b)	make provision about procedure.’.

Mr Roger Williams

Martin Horwood

Miss Anne McIntosh

Angela Watkinson

126

Clause  39,  page  24,  line  5,  at end insert—

‘(d)	dwellings,

(e)	the protection of agricultural or other commercial interests.’.

Mr Roger Williams

Martin Horwood

Miss Anne McIntosh

Angela Watkinson

127

Clause  39,  page  24,  line  26,  at end insert—

‘(e)	the views of owners and occupiers of land likely, in the opinion of the

Agency, to be directly affected by the carrying out of the work.’.

Huw Irranca-Davies

62

Clause  39,  page  24,  line  39,  leave out ‘under’ and insert ‘carried out in reliance on’.

Public Bill Committee: 12 January 2010

93

Flood and Water Management Bill, continued

Mr Roger Williams

Martin Horwood

Miss Anne McIntosh

Angela Watkinson

128

Clause  39,  page  25,  line  10,  at end insert—

‘(16)

The Minister must by regulation provide a right of appeal against a decision by

the Agency to exercise the powers in this section.

(17)	The regulations must—

(a)	confer jurisdiction on the Minister a court or a tribunal and

(b)	make provision about procedure.’.

Huw Irranca-Davies

63

Clause  41,  page  26,  line  8,  after ‘Schedule 3’ insert ‘to the Flood and Water

Management Act 2010’.

Miss Anne McIntosh

Angela Watkinson

39

Clause  42,  page  26,  line  42,  leave out ‘may’ and insert ‘shall’.

Miss Anne McIntosh

Angela Watkinson

40

Clause  42,  page  27,  line  8,  at end insert—

‘(3A)

In determining which community groups qualify for concessionary charges,

undertakers shall include as a minimum the following groups—

(a)	places of religious worship,

(b)	properties owned by Scout and Guide Associations and similar youth

groups,

(c)	community amateur sports clubs and similar types of sports clubs,

(d)	village and community halls, community centres and similar buildings

owned, or leased by non profit making community associations.’.

Public Bill Committee: 12 January 2010

94

Flood and Water Management Bill, continued

Miss Anne McIntosh

Angela Watkinson

41

Clause  46,  page  29,  line  18,  at end insert—

‘(a)	Section 42 comes into effect not later than three months after Royal

Assent.’.

new clauses

Building regulations: flood resistance

Huw Irranca-Davies

NC28

To move the following Clause:—

‘(1)	After paragraph 8(5) of Schedule 1 to the Building Act 1984 (building

regulations: application to buildings erected before the regulations come into

force) insert—

“(5A)

The provision that may be made by building regulations includes

provision imposing on a person carrying out work of any type in relation

to a building (whenever erected), or in relation to any service, fitting or

equipment provided in or in connection with a building (whenever

erected), a requirement to do things for the purpose mentioned in section

1(1)(a) of this Act in so far as it relates to the resistance or resilience of

buildings in respect of flooding.”

(2)	In paragraph 8(6) of that Schedule after “sub-paragraph (5)” insert “or (5A)”’.

Social tariff amendment

Martin Horwood

Mr Roger Williams

NC1

To move the following Clause:—

‘The Secretary of State must by regulations make one or more schemes for the

purpose of reducing water poverty.’.

Member’s explanatory statement

This introduces an obligation for the minister to bring forward regulations to introduce a social

tariff.

---

Revised 12 January 2010