Public Bill Committee: 21 January 2010

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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: 21 January 2010

191

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—

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192

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: 21 January 2010

193

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.’.

Mr David Drew

162

Clause  42,  page  27,  line  19,  at end insert—

‘(5A)

Such guidance shall include reference to the Government’s recommendation of

what is a fair and affordable charge for community groups to pay for surface

water drainage.’.

Public Bill Committee: 21 January 2010

194

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.’.

Huw Irranca-Davies

164

Clause  46,  page  29,  line  19,  leave out paragraph (a) and insert—

‘(a)	sections 22(1)(a), 28, 29, 34 (and Schedule 5), 40, 43 and paragraph 42

of Schedule 4 come into force in accordance with provision made by

order of the Secretary of State,

(aa)	section 22(1)(b) and (2) and sections 23 to 26, so far as they relate to

English Committees, come into force in accordance with provision made

by order of the Secretary of State,

(ab)	section 22(1)(b) and (2) and sections 23 to 26, so far as they relate to

Welsh Committees, come into force in accordance with provision made

by order of the Welsh Ministers,

(ac)	sections 35, 36, 41 and 42, so far as they relate to water or sewerage

undertakers whose areas are wholly or mainly in England, come into

force in accordance with provision made by order of the Secretary of

State,

(ad)	sections 35, 36, 41 and 42, so far as they relate to water or sewerage

undertakers whose areas are wholly or mainly in Wales, come into force

in accordance with provision made by order of the Welsh Ministers,

(ae)	section 37, so far as it relates to orders made by a Minister of the Crown

under Part 3 of the Regulatory Enforcement and Sanctions Act 2008,

comes into force in accordance with provision made by order of the

Secretary of State,

(af)	section 37, so far as it relates to orders made by the Welsh Ministers

under Part 3 of the Regulatory Enforcement and Sanctions Act 2008,

comes into force in accordance with provision made by order of the

Welsh Ministers,’.

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

Public Bill Committee: 21 January 2010

195

Flood and Water Management Bill, continued

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)”’.

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

(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

Public Bill Committee: 21 January 2010

196

Flood and Water Management Bill, continued

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.’.

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.

Environment tariff - resources and profit

Martin Horwood

Mr Roger Williams

NC2

To move the following Clause:—

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

forward regulations concerning the relationship between the use of water

resources and increased revenue.

(2)	Such regulations must consider removing the link between increased use of a

water resource and increased revenue to water companies.

(3)	The regulations must include the creation of a water environment fund to be spent

on environmental measures, which may include flood alleviation.

(4)	For this section, “increased revenue” is defined as the extra money paid to water

companies by consumers above a capped level based on historic household usage

for the increased use of a water resource.

(5)	Increased charges resulting from increased use of a water resource shall be given

to the water environment fund as in section 3 and not as increased revenue to the

water company.’.

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.

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Revised 21 January 2010