Notices of Amendments: 29 January 2010

739

Flood and Water Management Bill, continued

(b)	remove a purpose from the list in subsection (2).’.

Miss Anne McIntosh

Angela Watkinson

28

Page  24  [Clause  38],  leave out lines 5 and 6 and insert—

‘(3)	Condition 2 is that in carrying out the work the Agency—

(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)’.

Secretary Hilary Benn

48

Page  24,  line  11  [Clause  38],  at end insert ‘, and

(d)	persons who own or occupy land that, in the opinion of the Agency, is

likely to be directly affected by the work.’.

Secretary Hilary Benn

49

Page  25,  line  18  [Clause  39],  at end insert ‘, and

(b)	other persons who own or occupy land that, in the opinion of the

authority, is likely to be directly affected by the work.’.

Miss Anne McIntosh

Angela Watkinson

13

Page  27,  line  10  [Clause  42],  leave out from ‘constructed’ to end of line 12 and

insert—

‘(b)	provisions for preventing the public sewerage system from being

overloaded,

(c)	provisions for preventing discharges from the public sewerage system

from being in breach of—

(i)	the rights of landowners and riparian owners, and

(ii)	any statutory restrictions and consents,

(d)	provision about adoption of the drain or sewer by the sewerage

undertaker,

(e)	requirement for such security as the undertaker may reasonably require

for the discharge of all obligations under the agreement.

(4)	For purposes of paragraphs (b) and (c) provision must include—

(a)	reinforcement of the public sewerage system, and

Notices of Amendments: 29 January 2010

740

Flood and Water Management Bill, continued

(b)	connection points between the drain or sewer with the public sewerage

system.’.

Miss Anne McIntosh

Angela Watkinson

16

Page  27,  line  35  [Clause  42],  at end add—

‘(8)	As soon as practicable after the bringing into force of this section, the Secretary

of State shall make such building regulations under section 1 of the Building Act

1984 as may be necessary for the purposes of this section.’.

Miss Anne McIntosh

Angela Watkinson

17

Page  28,  line  7  [Clause  42],  at end insert—

‘(4)	At the beginning of subsection (4) of section 105A (schemes for the adoption of

sewers, lateral drains and sewage disposal works) insert “Subject to section

105AA”.

(5)	After section 105A of the Water Industry Act 1991 insert—

“105AA

Transfers of sewers and property rights

(1)	A sewerage undertaker shall not be required to make a declaration

pursuant to a scheme made under section 105A in relation to—

(a)	a sewage disposal works; or

(b)	a sewer or lateral drain forming part of a sewerage system

which—

(i)	incorporates one or more pumping stations, or

(ii)	drains to an outfall,

until the undertaker has acquired all the property and rights described in

subsection (2) below.

(2)	The property and rights referred to in subsection (2) above are—

(a)	all lands, easements and other rights necessary for securing,

maintaining and operating the sewage disposal works, pumping

stations and outfalls; and

(b)	all consents to discharge that may be required under Part III of

the Water Resources Act 1991 (Control of pollution of water

resources) in relation to the sewers, lateral drains, pumping

stations, sewage disposal works and their associated outfalls.

(3)	The sewerage undertaker must use its best endeavours to acquire the

property and rights referred to in subsection (2) above, in particular (in

relation to the property and rights referred to in subsection (2)(a) by

offering to enter into agreements with the owners of such property and

rights for the acquisition of those property and rights on such terms as

may be reasonable.

(4)	Any questions arising under subsection (3) above between the sewerage

undertaker and an owner of any property or right referred to in subsection

(2)(a) above over the terms on which the property or right should be

Notices of Amendments: 29 January 2010

741

Flood and Water Management Bill, continued

acquired may be referred by either party to the Authority for

determination under section 30A above.”’.

Miss Anne McIntosh

Angela Watkinson

14

Page  28,  line  12  [Clause  42],  at end add—

‘(5)	The requirement under Condition 2(c) must comply with regulations made by the

Minister.’.

Miss Anne McIntosh

Angela Watkinson

18

Page  28,  line  12  [Clause  42],  at end add—

‘(5)	After “1st September 1989” in subsection (7) of section 199 (Sewer maps), insert

“, or adopted by it under a scheme made pursuant to regulations made under

section 105A,”’.

Martin Horwood

Mr Roger Williams

22

Page  28,  line  37  [Clause  43],  at end add—

‘(6)	An undertaker’s charges scheme devised under subsection (1) must be overseen

by the Water Services Regulation Authority (Ofwat).’.

Martin Horwood

Mr Roger Williams

1

Page  34,  line  18  [Schedule  1],  after ‘authority’, insert ‘except for the maintenance

or management of an asset in pursuit of its primary purpose where this does not

compromise long term flood risk management.’.

Secretary Hilary Benn

50

Page  37,  line  24  [Schedule  1],  after third ‘the’, insert ‘reasonable’.

Secretary Hilary Benn

51

Page  37,  line  28  [Schedule  1],  after third ‘the’, insert ‘reasonable’.

Secretary Hilary Benn

52

Page  37,  line  42  [Schedule  1],  leave out ‘a refusal of’ and insert ‘a decision in

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742

Flood and Water Management Bill, continued

connection with’.

Miss Anne McIntosh

Angela Watkinson

2

Page  50,  line  1  [Schedule  3],  at end add—

‘(c)	increasing the efficiency of the use made of available water.’.

Miss Anne McIntosh

Angela Watkinson

3

Page  50,  line  16  [Schedule  3],  at end add—

‘(f)	protecting health and safety, and

(g)	increasing the efficiency of the use made of available water.’.

Martin Horwood

Mr Roger Williams

23

Page  51,  line  5  [Schedule  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)’.

Secretary Hilary Benn

53

Page  53,  line  30  [Schedule  3],  at end insert—

‘(e)	an internal drainage board, if the approving body thinks that the

drainage system may directly or indirectly involve the discharge of

water into an ordinary watercourse (within the meaning of section 72

of the Land Drainage Act 1991) within the board’s district.’.

Secretary Hilary Benn

54

Page  53,  line  35  [Schedule  3],  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 consequences of failure to comply with them.’.

Notices of Amendments: 29 January 2010

743

Flood and Water Management Bill, continued

Miss Anne McIntosh

Angela Watkinson

19

Page  54,  line  26  [Schedule  3],  at end add—

‘(4)	The Minister shall ensure that provisions are in place which guarantee the cost of

a new development’s connection to a SUDs and sewerage system are born

equally by the new households that benefit from the new connection.’.

Secretary Hilary Benn

55

Page  56,  line  33  [Schedule  3],  leave out ‘is therefore not’ and insert ‘therefore need

not be’.

Secretary Hilary Benn

56

Page  56,  line  34  [Schedule  3],  at end insert ‘;

(b)	where a drainage system is entirely on a publicly-maintained road (and

the adoption duty does not therefore apply to it).’.

Miss Anne McIntosh

Angela Watkinson

15

Page  59,  line  4  [Schedule  3],  at beginning insert—

‘(1)	At the end of section 1A add—

“1B	New drainage systems

(1)	In making building regulations, the Secretary of State shall have regard

to the requirements of section 106B of the Water Industry Act 1991.”’.

Miss Anne McIntosh

Angela Watkinson

21

Page  60,  line  20,  leave out Schedule 4.

Miss Anne McIntosh

Angela Watkinson

29

Page  60,  line  34  [Schedule  4],  leave out ‘10,000’ and insert ‘15,000’.

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744

Flood and Water Management Bill, continued

Secretary Hilary Benn

57

Page  73,  line  38  [Schedule  4],  at end insert—

‘Regulatory impact assessment

40A(1)

The Minister must carry out a review of the burden on undertakers in relation

to large raised reservoirs of complying with the Reservoirs Act 1975 as

amended by this Schedule.

(2)	The review must be carried out at the end of the period of 12 months beginning

with the operative date.

(3)	In sub-paragraph (2) the “operative date” means the first date on which all of

the following have come into force—

(a)	section A1 of the Reservoirs Act 1975 (inserted by paragraph 2 of this

Schedule), and

(b)	regulations under sections 2(2C), 2C(1)(b) and 10(2) of that Act as

amended by this Schedule.

(4)	The Minister must prepare and publish a report of the review.’.

Secretary Hilary Benn

58

Page  73,  line  40  [Schedule  4],  after ‘In’ insert ‘this Schedule, and’.

Order of the House [15 December 2009]

That the following provisions shall apply to the Flood and Water Management Bill:

Committal

1.	The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

2.	Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on Thursday 21 January 2010.

3.	The Public Bill Committee shall have leave to sit twice on the first day on

which it meets.

Consideration and Third Reading

4.	Proceedings on consideration shall (so far as not previously concluded) be

brought to a conclusion one hour before the moment of interruption on the

day on which those proceedings are commenced.

5.	Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption on that day.

6.	Standing Order No. 83B (Programming committees) shall not apply to

proceedings on consideration and Third Reading.

Other proceedings

7.	Any other proceedings on the Bill (including any proceedings on

consideration of Lords Amendments or on any further messages from the

Lords) may be programmed.

Notices of Amendments: 29 January 2010

745

Flood and Water Management Bill, continued

NOTICES WITHDRAWN

The following Notices have been withdrawn:

The role of OFWAT

Miss Anne McIntosh

Angela Watkinson

NC4

To move the following Clause:—

‘(1)	The Water Industry Act 1991 is amended as follows.

(2)	After section 2 insert—

“(3)	The Director must carry out the imposed by this section in such a way as

to—

(a)	promote the sustainable management and use of water;

(b)	ensure that regulatory duty to Ofwat is structured to promote

sustainablility in the water management supply chain, paying

particular attention to innovation and treatment processes,

energy efficiency, job security, leakage control and water

efficiency activities, including an obligation to promote a more

long-term (20 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.”’.

---

Revised 1 February 2010