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House of Commons


Notices of Amendments


given on


Tuesday 12 January 2010


For other Amendment(s) see the following page(s):


Flood and Water Management Bill Committee 72-107


Public Bill Committee


Flood and Water Management Bill


Water and sewerage charges: non-owner occupiers


Huw Irranca-Davies




To move the following Clause:—



After section 144B of the Water Industry Act 1991 (charges: charging by volume)





Non-owner occupiers



This section applies to residential premises which are occupied by one or


more persons other than the owner (and not by the owner).



The owner must arrange for the undertaker to be given information about


the occupiers.



If the owner fails to comply with subsection (2), the occupiers’ liability


for charges under this Chapter becomes shared jointly and severally with


the owner.



The Minister may make regulations—



about the information to be given under subsection (2);



about timing and procedure in connection with subsection (2) or





The Minister may make regulations exempting owners from liability


under subsection (3) where—



information supplied by them is false or incomplete, but



they have taken steps specified by the regulations to ensure its


accuracy or completeness.



“Residential premises” means premises that are—



occupied by one or more persons as a home (but not necessarily


as their only or main home), and


Notices of Amendments: 12 January 2010                  



Flood and Water Management Bill, continued



a “dwelling”, a “house in multiple occupation” or


“accommodation for the elderly” within the meaning of


paragraphs 1 to 3 of Schedule 4A.



Where a person is the “owner” of premises by virtue of being agent or


trustee (see section 219(1)) the duty and liability under this section attach


to the principal (and not to the agent or trustee).



“The Minister” means—



the Secretary of State, in relation to services provided by an


undertaker whose area is wholly or mainly in England, and



the Welsh Ministers, in relation to services provided by an


undertaker whose area is wholly or mainly in Wales (for which


purpose section 213 applies with references to the Secretary of


State and either House of Parliament being taken as references to


the Welsh Ministers and the National Assembly for Wales).”



Transitional provision of an order commencing this section may, in particular,


provide for application of the duty in new section 144C(2) to depend on service


of a notice by an undertaker.’.


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Revised 13 January 2010