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| | For other Amendment(s) see the following page(s) of Supplement to Votes:
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| | 417-21, 529-30, 531-35 and 573 |
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| | Flood and Water Management Bill, As Amended |
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| | | Low cost affordable insurance |
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| | To move the following Clause:— |
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| | | ‘(1) | The Secretary of State must within one year of the passing of this Act bring |
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| | | forward regulations to ensure the insurance industry in consultation with the |
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| | | water industry provides a comprehensive, low-cost and affordable insurance |
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| | | scheme against the risk of flood. |
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| | | (2) | The scheme in subsection (1) should be based on the principle of shared |
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| | | communal risk and made available to all who are unable to receive standard |
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| | | (3) | In this section, “shared communal risk” means the insurance cost against flooding |
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| | | is shared equally amongst policyholders within the region.’. |
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| | Page 28, line 37 [Clause 43], at end add— |
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| | | ‘(6) | An undertaker’s charges scheme devised under subsection (1) must be overseen |
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| | | by the Water Services Regulation Authority (Ofwat).’. |
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| | Page 51, line 5 [Schedule 3], leave out ‘county council’ and insert ‘local planning |
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| | authority (as defined in section 1(1)(b) of the Town and Country Planning Act 1990)’. |
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| | Page 4, line 37 [Clause 6], at end add— |
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| | | ‘(g) | the fire and rescue authorities.’. |
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| | Page 5, line 9 [Clause 6], at end add— |
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| | | ‘(e) | a fire and rescue authority that exercises functions in relation to an area |
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| | Page 5, line 40 [Clause 6], at end add— |
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| | | ‘(e) | a fire and rescue authority that exercises functions in relation to an area |
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| | Page 5, line 35 [Clause 7], at end insert ‘the fire and rescue authorities,’. |
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| | Page 24 [Clause 38], leave out lines 5 and 6 and insert— |
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| | | ‘(3) | Condition 2 is that in carrying out the work the Agency— |
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| | | (a) | has regard to the national flood and coastal erosion risk management |
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| | | strategy under section 7, and |
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| | | (b) | does not create or increase potential harmful consequences of a kind |
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| | | listed in section 2(4)(a) to (d)’. |
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| | Page 60, line 34 [Schedule 4], leave out ‘10,000’ and insert ‘15,000’. |
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| | | The role of Fire and Rescue Authorities during major flooding |
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| | To move the following Clause:— |
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| | | ‘(1) | A fire and rescue authority must make provision for the purpose of rescuing |
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| | | people and protecting them from serious harm in the event of major flooding in |
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| | | (2) | In making the provision required by subsection (1), a fire and rescue authority |
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| | | (a) | secure the provision of such personnel, services and training as may be |
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| | | necessary efficiently to meet all reasonable requirements; |
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| | | (b) | make arrangements for dealing with calls for help; |
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| | | (c) | make arrangements for obtaining necessary information; and |
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| | | (d) | make arrangements for ensuring that reasonable steps are taken to |
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| | | prevent or limit damage to property resulting from action taken pursuant |
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| | | (a) | a fire and rescue authority maintains specialist resources (“the first |
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| | | (b) | major flooding has occurred or is likely to occur in the area of another fire |
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| | | and rescue authority (“the second authority”); and |
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| | | (c) | the second authority has requested the first authority to use those |
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| | | resources in the second authority’s area, |
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| | | | the first authority must use its specialist resources in the area of the second |
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| | | authority to such extent as is reasonable for the purpose of dealing with the |
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| | | (a) | “major flooding” means flooding that causes or is likely to cause one or |
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| | | more individuals to die, be seriously injured or become seriously ill as a |
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| | | (ii) | an escape of water from a large raised reservoir; |
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| | | (b) | “specialist resources” means resources maintained for the purpose of |
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| | | taking action pursuant to provision made in accordance with subsection |
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| | | (1) including any personnel who have received specialist training for that |
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| | | (c) | “large raised reservoir” has the same meaning as in section 1 of the |
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| | | Reservoir Act 1975 (ambit of Act and interpretation).’. |
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| | Page 1, line 12 [Clause 1], leave out from ‘waters,’ to end of line 13 and insert— |
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| | | (f ) | anything else (including any combination of factors).’. |
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| | Page 13, line 27 [Clause 19], leave out ‘In the event’ and insert ‘On becoming |
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| | Page 13, line 27 [Clause 19], after ‘must’, insert ‘, to the extent that it considers it |
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| | necessary or appropriate,’. |
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| | Page 13, line 32 [Clause 19], leave out ‘An authority’ and insert ‘Where an |
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| | authority carries out an investigation under subsection (1) it’. |
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| | Page 13, line 33 [Clause 19], leave out ‘under subsection (1)’. |
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| | Page 17, line 16 [Clause 28], leave out paragraphs (a) and (b) and insert— |
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| | | ‘(a) | the Welsh Ministers, where the amendment relates to— |
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| | | (i) | a matter in respect of which functions may be exercised by the |
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| | | Welsh Ministers, the First Minister for Wales or the Counsel |
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| | | General to the Welsh Assembly Government, or |
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| | | (ii) | a matter within the legislative competence of the National |
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| | | (b) | the Secretary of State, for all other purposes.’. |
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| | Page 17, line 25 [Clause 29], leave out ‘reassign’ and insert ‘transfer’. |
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| | Page 17, line 26 [Clause 29], leave out ‘and’ and insert ‘or’. |
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| | Page 17, line 27 [Clause 29], at end insert ‘to risk management authorities or other |
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| | Page 17, line 33 [Clause 29], leave out ‘authorities’ and insert ‘bodies’. |
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| | Page 17, line 42 [Clause 29], leave out ‘risk management authorities in England’ |
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| | and insert ‘English risk management authorities and other bodies with responsibilities in |
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| | Page 18, line 1 [Clause 29], leave out ‘risk management authorities in Wales’ and |
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| | insert ‘Welsh risk management authorities and other bodies with responsibilities in |
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| | Page 18, line 32 [Clause 35], at end insert— |
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| | | (a) | may make provision only in relation to projects or works that in the |
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| | | Minister’s opinion are of a size or complexity that threatens the |
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| | | undertaker’s ability to provide services for its customers, and |
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| | | (b) | in conferring powers, must restrict them to projects or works that, in the |
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| | | opinion of the person exercising the power, are of a size or complexity |
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| | | that threatens the undertaker’s ability to provide services for its |
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| | Page 19, line 1 [Clause 35], after ‘project’, insert ‘, or part of a project,’. |
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| | Page 19, line 27 [Clause 35], at end insert ‘(if any).’. |
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| | Page 21, line 32 [Clause 36], leave out ‘private’. |
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| | Page 21, line 33 [Clause 36], at end insert— |
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| | | ‘(c) | watering plants on domestic or other non-commercial premises using a |
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| | | (d) | cleaning a private leisure boat using a hosepipe; |
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| | | (e) | filling or maintaining a domestic swimming or paddling pool; |
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| | | (f) | drawing water, using a hosepipe, for domestic recreational use; |
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| | | (g) | filling or maintaining a domestic pond using a hosepipe; |
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| | | (h) | filling or maintaining an ornamental fountain; |
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| | | (i) | cleaning walls, or windows, of domestic premises using a hosepipe; |
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| | | (j) | cleaning paths or patios using a hosepipe; |
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| | | (k) | cleaning other artificial outdoor surfaces using a hosepipe.’. |
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| | Page 21, line 35 [Clause 36], at end insert ‘; |
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| | | (b) | remove a purpose from the list in subsection (2).’. |
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| | Page 24, line 11 [Clause 38], at end insert ‘, and |
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| | | (d) | persons who own or occupy land that, in the opinion of the Agency, is |
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| | | likely to be directly affected by the work.’. |
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| | Page 25, line 18 [Clause 39], at end insert ‘, and |
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| | | (b) | other persons who own or occupy land that, in the opinion of the |
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| | | authority, is likely to be directly affected by the work.’. |
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| | Page 37, line 24 [Schedule 1], after third ‘the’, insert ‘reasonable’. |
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| | Page 37, line 28 [Schedule 1], after third ‘the’, insert ‘reasonable’. |
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| | Page 37, line 42 [Schedule 1], leave out ‘a refusal of’ and insert ‘a decision in |
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| | Page 53, line 30 [Schedule 3], at end insert— |
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| | | ‘(e) | an internal drainage board, if the approving body thinks that the |
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| | | drainage system may directly or indirectly involve the discharge of |
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| | | water into an ordinary watercourse (within the meaning of section 72 |
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| | | of the Land Drainage Act 1991) within the board’s district.’. |
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| | Page 53, line 35 [Schedule 3], at end insert— |
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| | | ‘(5) | The Minister may make regulations about timing and procedure for |
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| | | determination of applications for approval; and the regulations may, in |
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| | | particular, specify the consequences of failure to comply with them.’. |
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| | Page 56, line 33 [Schedule 3], leave out ‘is therefore not’ and insert ‘therefore need |
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| | Page 56, line 34 [Schedule 3], at end insert ‘; |
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| | | (b) | where a drainage system is entirely on a publicly-maintained road (and |
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| | | the adoption duty does not therefore apply to it).’. |
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| | Page 73, line 38 [Schedule 4], at end insert— |
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| | | ‘Regulatory impact assessment |
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| | | 40A(1) | The Minister must carry out a review of the burden on undertakers in relation |
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| | | to large raised reservoirs of complying with the Reservoirs Act 1975 as |
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| | | amended by this Schedule. |
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| | | (2) | The review must be carried out at the end of the period of 12 months beginning |
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| | | (3) | In sub-paragraph (2) the “operative date” means the first date on which all of |
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| | | the following have come into force— |
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| | | (a) | section A1 of the Reservoirs Act 1975 (inserted by paragraph 2 of this |
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| | | (b) | regulations under sections 2(2C), 2C(1)(b) and 10(2) of that Act as |
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| | | amended by this Schedule. |
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| | | (4) | The Minister must prepare and publish a report of the review.’. |
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| | Page 73, line 40 [Schedule 4], after ‘In’ insert ‘this Schedule, and’. |
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