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747

 

House of Commons

 
 

Tuesday 2 February 2010

 

Consideration of Bill

 

Flood and Water Management Bill, As Amended


 

New Clauses

 

Social tariffs

 

Secretary Hilary Benn

 

Martin Horwood

 

Tim Farron

 

Mr Roger Williams

 

NC22

 

To move the following Clause:—

 

‘(1)    

An undertaker’s charges scheme under section 143 of the Water Industry Act

 

1991 may include provision designed to reduce charges for individuals who

 

would have difficulty paying in full.

 

(2)    

Subsection (1) includes schemes which have the effect of subsidisation by other

 

persons.

 

(3)    

The Water Services Regulation Authority’s powers in connection with the

 

approval of schemes (and its other powers under the 1991 Act) are subject to

 

subsections (1) and (2).

 

(4)    

The Minister must issue guidance in respect of subsections (1) and (2) which

 

must, in particular, include factors to be taken into account in deciding whether

 

one group of customers should subsidise another; for which purpose the Minister

 

shall have regard to the need to balance the desirability of helping individuals

 

who would have difficulty paying in full with the interests of other customers.

 

(5)    

Undertakers and the Authority shall have regard to any guidance issued by the

 

Minister under subsection (4).

 

(6)    

“The Minister” means—

 

(a)    

in the case of an undertaker whose area is wholly or mainly in England,

 

the Secretary of State, and

 

(b)    

in the case of an undertaker whose area is wholly or mainly in Wales, the

 

Welsh Ministers.’.

 



 
 

Consideration of Bill: 2 February 2010                  

748

 

Flood and Water Management Bill, continued

 
 

Flood risk management function

 

Miss Anne McIntosh

 

Angela Watkinson

 

NC1

 

To move the following Clause:—

 

‘The flood risk management function will be scrutinised in accordance with the

 

provisions of the bill by both Houses of Parliament under the provisions of the

 

European Communities Act 1972.’.

 


 

Regular maintenance of water courses

 

Miss Anne McIntosh

 

Angela Watkinson

 

NC2

 

To move the following Clause:—

 

‘The Environment Agency must undertake a programme of regular maintenance

 

work of major water courses on an annual basis with quarterly reports to both

 

Houses of Parliament.’.

 


 

Pilot schemes for adoption of private drains

 

Miss Anne McIntosh

 

Angela Watkinson

 

NC3

 

To move the following Clause:—

 

‘The Environment Agency must establish a pilot scheme with the aim of—

 

(a)    

auditing all private drains and sewers;

 

(b)    

assessing their condition;

 

(c)    

estimating the likely cost of adopting all private drains and sewers in

 

2011, and

 

(d)    

estimating the likely cost on customers’ bills.’.

 


 

Sustainable urban drainage systems

 

Miss Anne McIntosh

 

Angela Watkinson

 

NC5

 

To move the following Clause:—


 
 

Consideration of Bill: 2 February 2010                  

749

 

Flood and Water Management Bill, continued

 
 

‘A full definition of Sustainable Urban Drainage Systems (SUDS) is “Sustainable

 

drainage systems or sustainable (urban) drainage systems: a sequence of

 

management practices and control structures designed to drain surface water in a

 

more sustainable fashion than some conventional techniques (may also be

 

referred to as SuDS).”.’.

 


 

Ownership and maintenance of sustainable urban drainage systems

 

Miss Anne McIntosh

 

Angela Watkinson

 

NC6

 

To move the following Clause:—

 

‘It shall be stated which body has to be responsible for—

 

(a)    

the ownership, and

 

(b)    

maintenance of sustainable urban drainage systems.’.

 


 

No automatic connection to waste water pipes for major new developments

 

Miss Anne McIntosh

 

Angela Watkinson

 

NC7

 

To move the following Clause:—

 

‘(1)    

There shall be no connection to waste water pipes or drains granted until—

 

(a)    

water companies have been consulted on the capacity of the existing

 

system to manage the extra demands from the new properties;

 

(b)    

water companies have conducted a detailed assessment of the likely extra

 

demand and the capacity of the existing system to handle it;

 

(c)    

financial responsiblity for building the extra infrastructure has been

 

apportioned, and

 

(d)    

formal planning permission has been given.’.

 


 

Water companies to be statutory consultees

 

Miss Anne McIntosh

 

Angela Watkinson

 

NC8

 

To move the following Clause:—

 

‘(1)    

The relevant planning authority for all major new developments must consult

 

equally—


 
 

Consideration of Bill: 2 February 2010                  

750

 

Flood and Water Management Bill, continued

 
 

(a)    

water companies and

 

(b)    

the Environment Agency.

 

(2)    

The consultations must—

 

(a)    

be in accordance with PPS 25;

 

(b)    

establish the impact of the proposed new development on the local

 

drainage system, and

 

(c)    

inform the planning application process.’.

 


 

Staffing and resources for the Environment Agency

 

Miss Anne McIntosh

 

Angela Watkinson

 

NC9

 

To move the following Clause:—

 

‘(1)    

The Secretary of State must make an assessment of the staff, equipment and

 

resources required by the Environment Agency to implement the provisions of

 

the Act in accordance with the lessons learnt from the floods of 2007.’.

 


 

Resilience of critical infrastructure

 

Miss Anne McIntosh

 

Angela Watkinson

 

NC10

 

To move the following Clause:—

 

‘(1)    

The Secretary of State may by order require utility companies to report on their

 

critical infrastructure and their ability to withstand future floods.

 

(2)    

The Secretary of State must lay before Parliament a copy of each report received

 

under subsection (1).’.

 


 

Resilience of individual properties, households and businesses

 

Miss Anne McIntosh

 

Angela Watkinson

 

NC11

 

To move the following Clause:—

 

‘(1)    

The Environment Agency must submit an annual report to the Secretary of State.

 

(2)    

In particular, the report must include information on—

 

(a)    

the take up of flood warnings by property owners and tenants,


 
 

Consideration of Bill: 2 February 2010                  

751

 

Flood and Water Management Bill, continued

 
 

(b)    

the take up of additional anti-flood measures on properties previously

 

flooded before reoccupation,

 

(c)    

any developments with insurance companies on anti-flood measures that

 

could be adopted that would reduce the insurance premiums for

 

properties at risk of flooding.’.

 


 

Annual report from the British Standards Institute

 

Miss Anne McIntosh

 

Angela Watkinson

 

NC12

 

To move the following Clause:—

 

‘(1)    

The Secretary of State may by order require the British Standards Institute to

 

submit an annual report to the Secretary of State.

 

(2)    

In particular, the report must include information on—

 

(a)    

the burden of proof required to obtain the kitemark for flood resistant

 

products,

 

(b)    

the number of kitemarks issued in that year,

 

(c)    

the number of products which fail to meet the test of resistance which led

 

to further flooding of any particular property.

 

(3)    

The Secretary of State must lay before Parliament a copy of the report received

 

under subsection (1).

 

(4)    

A report under this section must be laid before and approved by a resolution of

 

each House of Parliament.’.

 


 

Annual report from the Climate Change Adaptation Sub Committee

 

Miss Anne McIntosh

 

Angela Watkinson

 

NC13

 

To move the following Clause:—

 

‘(1)    

The Secretary of State may by order require the Climate Change Adaptation Sub

 

Committee to submit an annual report to the Secretary of State.

 

(2)    

In particular, the report must include information on the progress towards

 

implementing each recommendation for adapting to climate change.’.

 



 
 

Consideration of Bill: 2 February 2010                  

752

 

Flood and Water Management Bill, continued

 
 

Insurance

 

Martin Horwood

 

Mr Roger Williams

 

NC14

 

To move the following Clause:—

 

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

 

forward regulations to ensure the insurance industry has regard to flood

 

prevention measures in calculating premiums and charges for flood-affected

 

customers based on the principles of equity and shared risk.’.

 


 

Planning permission refusal on grounds of flood risk

 

Martin Horwood

 

Mr Roger Williams

 

NC15

 

To move the following Clause:—

 

‘(1)    

The Secretary of State must within one year of the passing of this Act bring

 

forward regulations to ensure that local authorities may cite “flood risk” as

 

grounds for refusal of a planning application in high flood risk areas.

 

(2)    

These regulations must not affect the right of appeal against such a refusal.’.

 


 

Training and development of employees in water sector

 

Mr David Drew

 

NC16

 

To move the following Clause:—

 

‘(1)    

The Water Industry Act 1991 (c.56) is amended as follows.

 

(2)    

After section 37(3) insert—

 

“(4)    

It shall be the duty of each water undertaker to ensure it maintains

 

investment in the training and development of its workforce. Each

 

undertaker shall be required by Ofwat to include in their twenty-five year

 

strategic plan measures to ensure that sufficient investment is being made

 

in training and development”.’.

 



 
 

Consideration of Bill: 2 February 2010                  

753

 

Flood and Water Management Bill, continued

 
 

Duties for sustainable management and use of water

 

Mr David Drew

 

NC17

 

To move the following Clause:—

 

‘(1)    

The Water Industry Act 1991 is amended as follows.

 

(2)    

After section (2)3 insert—

 

“(3A)    

The Director of Ofwat shall carry out the duties imposed by this section

 

in such a way as to:

 

(a)    

promote the sustainable management and use of water;

 

(b)    

ensure that the regulatory duty of Ofwat is structured to promote

 

sustainability in the water management supply chain, paying

 

particular attention to innovation in treatment processes, energy

 

efficiency, job security, leakage control and water efficiency

 

activities, including an obligation to promote a more long-term

 

(twenty years or more) approach by water companies to their

 

investment programmes;

 

(c)    

promote skills in the water industry, by publishing a skills

 

strategy; and

 

(d)    

promote employment in the water industry through an annual

 

report to Ministers on the number of jobs in the sector and in the

 

supply chain.”’.

 


 

Role of the Water Services Regulation Authority (OFWAT)

 

Miss Anne McIntosh

 

Angela Watkinson

 

NC18

 

To move the following Clause:—

 

‘(1)    

The Water Industry Act 1991 (c. 56), is amended as follows.

 

(2)    

After section 2A(d) add—

 

“(e)    

to promote—

 

(i)    

sustainable water management;

 

(ii)    

innovative treatment processes;

 

(iii)    

energy and water efficiency;

 

(iv)    

job security;

 

(v)    

leakage control;

 

(vi)    

skills in the water industry; and

 

(vii)    

employment in the water industry.”’.

 



 
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