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109

 

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

 

NC29

 

To move the following Clause:—

 

‘(1)    

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

 

insert—

 

“144C

Non-owner occupiers

 

(1)    

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

 

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

 

(2)    

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

 

the occupiers.

 

(3)    

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.

 

(4)    

The Minister may make regulations—

 

(a)    

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

 

(b)    

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

 

(3).

 

(5)    

The Minister may make regulations exempting owners from liability

 

under subsection (3) where—

 

(a)    

information supplied by them is false or incomplete, but

 

(b)    

they have taken steps specified by the regulations to ensure its

 

accuracy or completeness.

 

(6)    

“Residential premises” means premises that are—

 

(a)    

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                  

110

 

Flood and Water Management Bill, continued

 
 

(b)    

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

 

“accommodation for the elderly” within the meaning of

 

paragraphs 1 to 3 of Schedule 4A.

 

(7)    

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).

 

(8)    

“The Minister” means—

 

(a)    

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

 

undertaker whose area is wholly or mainly in England, and

 

(b)    

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).”

 

(2)    

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