House of Commons Public Bill Committee Proceedings

House of Commons

Session 2009 - 10
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Other Bills before Parliament

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House of Commons

Thursday 21 January 2010

Public Bill Committee Proceedings

Flood and Water Management Bill

[Ninth and Tenth SittingS]

Schedule 3

Amendment 149 proposed, in page 47, to leave out lines 36 to 39 and insert—

‘(1)
In this Schedule “drainage system” means—

(a)
a structure designed to receive rainwater except—

(i)
a public sewer, or

(ii)
a natural watercourse; and

(b)
any lateral drain or sewer communicating with a drainage system.’.—

(Miss Anne McIntosh).

Question proposed, That the Amendment be made.

Negatived on division

Angela Watkinson

Miss Anne McIntosh

Negatived on division  150

Schedule  3,  page  48,  leave out lines 4 and 5 and insert—

‘(3)
“Lateral drain”, “sewer” and “public sewer” have the meanings given by section

219(1) of the Water Industry Act 1991.’.

Miss Anne McIntosh

Angela Watkinson

Not called  18

Schedule  3,  page  48,  line  8,  leave out paragraph 2 and insert—

‘“Sustainable Urban Drainage System” means a drainage system which—

(a)
facilitates attenuation, settlement or treatment of surface water from two

or more premises (whether or not together with road water), and

(b)
includes one or more of the following:

(i)
inlet;

(ii)
outlet structures;

(iii)
swales;

(iv)
constructed wetlands;

(v)
ponds;

(vi)
filter trenches;

(vii)
attenuation tanks, and

Public Bill Committee Proceedings: 21 January 2010
26

Flood and Water Management Bill, continued

(viii)
detention basins (together with any associated pipes and

equipment).’.

Martin Horwood

Mr Roger Williams

Not called  163

Schedule  3,  page  48,  line  12,  after ‘the’, insert ‘natural’.

Miss Anne McIntosh

Angela Watkinson

Negatived on division  30

Schedule  3,  page  48,  line  37,  leave out ‘consult’ and insert ‘as soon as possible

instigate, publish and have regard to a review undertaken by a panel of independent

persons pertaining to the costs currently incurred by local authorties in maintaining

private sewers before the Schedule is commenced’.

Martin Horwood

Mr Roger Williams

Not called  112

Schedule  3,  page  49,  line  3,  leave out ‘county council’ and insert ‘local planning

authority (as defined in section 1 (1)(b) of the Town and Country Planning Act 1990)’.

Angela Watkinson

Miss Anne McIntosh

Withdrawn  148

Schedule  3,  page  51,  line  25,  at end insert—

‘(e)
Internal Drainage Boards, if the approving body thinks that the drainage

system may directly or indirectly involve the discharge of water into an

Internal Drainage District.’.

Huw Irranca-Davies

Agreed to  68

Schedule  3,  page  51,  line  28,  after ‘applicant’ insert ‘or, in the case of a combined

application, the planning authority,’.

Dr Roberta Blackman-Woods

Not called  165

Schedule  3,  page  51,  line  29,  at end insert—

‘(5)
The Minister may make regulations about timing and procedure for determination

of applications for approval; and the regulations may, in particular, specify the

consequence of failure to comply with them.’.

Huw Irranca-Davies

Agreed to  158

Schedule  3,  page  52,  line  6,  at end insert—

‘(6)
The Minister may issue guidance about what amounts may be required by way of

non-performance bonds; and approving bodies must have regard to the

guidance.’.

Miss Anne McIntosh

Angela Watkinson

Withdrawn  33

Schedule  3,  page  52,  line  16,  leave out ‘significantly’.

Public Bill Committee Proceedings: 21 January 2010
27

Flood and Water Management Bill, continued

Angela Watkinson

Miss Anne McIntosh

Negatived on division  151

Schedule  3,  page  52,  leave out lines 19 and 20 and insert—

‘(1)
The Minister shall by order provide for the enforcement of—

(a)
the requirement for approval in paragraph 7(1); and

(b)
the duty to maintain in paragraph 21.’.

Huw Irranca-Davies

Agreed to  159

Schedule  3,  page  53,  line  3,  at end insert—

‘Guidance

14A
The Minister may issue guidance about the process of seeking and obtaining

approval; and approving bodies must have regard to the guidance.’.

Angela Watkinson

Miss Anne McIntosh

Negatived on division  152

Schedule  3,  page  53,  line  19,  leave out ‘Where’ and insert ‘Subject to section

106AA below, where’.

Angela Watkinson

Miss Anne McIntosh

Not called  153

Schedule  3,  page  53,  line  24,  at end insert—

‘106AA
  Communication with sustainable drainage systems

(1)
This section applies to drainage systems the construction of which requires

approval under Schedule 3 to the Flood and Water Management Act 2010

(sustainable drainage).

(2)
Terms and expressions used in Schedule 3 to the Flood and Water Management

Act 2010 shall have the same meanings in this section.

(3)
The communication of a drainage system with a public sewer or other works

owned by or vested in a sewerage undertaker may not be approved or effected by

an approving body or other person except in accordance with this section.

(4)
An approving body or other person wishing to approve or effect the

communication of a drainage system with a public sewer or other works of a

sewerage undertaker shall give notice of its or his proposals to the sewerage

undertaker.

(5)
At any time within 21 days after a sewerage undertaker receives a notice under

subsection (4) above, the undertaker may by notice to the person who gave the

notice refuse permission for the communication to be made, or grant permission

for the communication subject to such conditions as it thinks fit, subject to taking

into account the considerations set out in subsection (6) below.

(6)
The considerations which the sewerage undertaker is to take into account include

whether the communication of the drainage system with the public sewer or other

works of the sewerage undertaker may contribute towards one or more of the

following—

(a)
the overloading of the public sewer or other works of the sewerage

undertaker, and the consequential overflowing of its or their contents and

the flooding of adjoining property or land;

Public Bill Committee Proceedings: 21 January 2010
28

Flood and Water Management Bill, continued

(b)
the overloading of any sewage disposal works, so adversely affecting

such works’ capacity to treat or dispose of sewage in compliance with

any statutory requirement or consent applicable to it;

(c)
increased flows in and resulting overflows and discharges from

combined foul and surface water sewers, which may have adverse effects

on the aquatic environment, or which may cause the undertaker to be in

breach of a statutory requirement or consent applicable to the discharge;

(d)
the pollution of inland waters, the flooding of property or land, or the

impairment of river or drainage systems, whether or not arising from any

of the matters described in paragraphs (a) to (c) above.

(7)
Any question arising under subsections (4) to (6) above between a sewerage

undertaker and any other person as to the reasonableness of the undertaker’s

refusal to permit a communication to be made, or the reasonableness of the

conditions on which the undertaker is prepared to permit a communication to be

made may, on the applications of that person, be determined in accordance with

regulations made under paragraph 24 of Schedule 3 to the Flood and Water

Management Act 2010.

(8)
In this section, “inland waters” has the meaning given by the Water Resources

Act 1991.’.

Angela Watkinson

Miss Anne McIntosh

Not called  154

Schedule  3,  page  53,  line  25,  leave out ‘After’ and insert ‘Subject to section

106AA above, after’.

Huw Irranca-Davies

Agreed to  69

Schedule  3,  page  54,  line  19,  at beginning insert ‘Sub-paragraphs (3A) and (3B)

apply’.

Huw Irranca-Davies

Agreed to  70

Schedule  3,  page  54,  line  20,  after ‘adopted)’, insert—

‘(3A)
’.

Huw Irranca-Davies

Agreed to  71

Schedule  3,  page  54,  line  24,  at end insert—

‘(3B)
The maintaining authority must designate the road under section 63 of the New

Roads and Street Works Act 1991 (streets with special engineering difficulties).’.

Huw Irranca-Davies

Agreed to  72

Schedule  3,  page  54,  line  27,  at end insert ‘(and a reference to a road includes a

reference to part of a road).’.

Angela Watkinson

Miss Anne McIntosh

Not called  155

Schedule  3,  page  54,  line  36,  leave out ‘becomes responsible for maintaining’ and

insert ‘shall be under a duty to maintain’.

Public Bill Committee Proceedings: 21 January 2010
29

Flood and Water Management Bill, continued

Huw Irranca-Davies

Agreed to  73

Schedule  3,  page  55,  line  34,  leave out ‘and’.

Huw Irranca-Davies

Agreed to  74

Schedule  3,  page  55,  line  37,  at end insert ‘, and

(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

Not called  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

Agreed to  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

Agreed to  76

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

Huw Irranca-Davies

Agreed to  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

Agreed to  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).”’.

Public Bill Committee Proceedings: 21 January 2010
30

Flood and Water Management Bill, continued

Huw Irranca-Davies

Agreed to  161

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

‘Works on public land

27  (1)
The Minister may make regulations requiring a statutory undertaker to notify

the approving body before commencing statutory works on public land where

the works will or may affect the operation of a drainage system on that land.

      (2)
“Public land” means land owned or occupied by a designating authority for the

purposes of Schedule 1.

      (3)
The regulations shall define—

(a)
“statutory undertaker”, and

(b)
“statutory works”.

      (4)
The regulations may specify criteria for determining what works are to be

treated as works that will or may affect the operation of a drainage system.

      (5)
The regulations may include provision about—

(a)
timing, and

(b)
procedure.

      (6)
The regulations may—

(a)
specify consequences of failure to comply with a provision of the

regulations;

(b)
include provision requiring, or enabling an approving body to require,

a statutory undertaker who is carrying out or has carried out works

affecting a drainage system to carry out further work in relation to the

system (which may include, in particular, a requirement to leave the

system in a state approved by the approving body, having regard to

national standards on sustainable drainage);

(c)
give approving bodies default powers to undertake work and recover

costs.

      (7)
The regulations may amend an enactment so as to introduce a cross-reference

to the regulations.’.

Schedule 3, as amended, agreed to

Clause 33 Agreed to.

Miss Anne McIntosh

Angela Watkinson

Withdrawn  34

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

Mr Roger Williams

Martin Horwood

Miss Anne McIntosh

Angela Watkinson

Withdrawn  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.’.

Public Bill Committee Proceedings: 21 January 2010
31

Flood and Water Management Bill, continued

Schedule 4 Agreed to.

Clause 34 Agreed to.

Schedule 5 Agreed to.

Miss Anne McIntosh

Angela Watkinson

Withdrawn  19

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

‘(2)
The regulations 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 regulations.’.

Angela Watkinson

Miss Anne McIntosh

Not called  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

Not called  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.’.

Clause Agreed to.

Angela Watkinson

Miss Anne McIntosh

Withdrawn  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;

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