House of Lords Amendments - Water Industry Bill

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Session 1998-99
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Amendments to the Water Industry Bill

Water Industry Bill -
Amendments to be debated in the House of Lords
Here you can browse the Marshalled List of Amendments to the Water Industry Bill to be moved in Committee in the House of Lords.

The amendments have been marshalled in accordance with the instruction of 19th April 1999, as follows--

Clause 1
Schedule 1
Clauses 2 to 12
Schedule 2
Clauses 13 to 15
Schedules 3 and 4
Clauses 16 to 17

[Amendments marked * are new or have been altered]

Amendment
No.

Schedule 1

BY THE BARONESS HAMWEE
THE LORD ADDINGTON

1      Page 12, line 23, leave out from ("applies") to end of line 25

2      Page 12, line 30, leave out ("60") and insert ("55")

3      Page 12, line 33, at end insert--

    ("  .  Premises accommodating people housed by a local authority under its duties towards homeless people.")

Clause 5

BY THE BARONESS HAMWEE
THE LORD ADDINGTON

4      Page 3, line 16, after ("principles") insert ("(which shall include affordability)")

5      Page 3, line 40, at end insert--
    ("(3A)  The Secretary of State shall be responsible for--

(a)  providing to relevant undertakers particulars of any persons who are entitled to assistance by virtue of any regulations made under this section;

(b)  meeting all costs of providing such information; and

(c)  reimbursing relevant undertakers with all costs incurred by them in administering any assistance that may be required to be provided by such regulations.")

BY THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
THE LORD ELLIOTT OF MORPETH

6      Page 3, line 44, at end insert--
    ("(  )  The power to make regulations under this section may not be exercised in a manner which conflicts with a charges scheme approved by the Director pursuant to section 143(6) in a manner which complies with subsection (7) of that section."")

BY THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE

7      Page 3, line 44, at end insert--
    ("(  )  The power to make regulations under this section shall only be exercised after consultation with such persons and bodies as the Secretary of State considers it appropriate to consult in relation to the proposed regulations."")

8      Page 3, line 44, at end insert--
    ("(  )  No regulations shall be made under this section unless a draft has been laid before, and approved by a resolution of, each House of Parliament."")

BY THE BARONESS HAMWEE
THE LORD ADDINGTON

9      Page 3, line 44, at end insert--

10 ("Highway drainage charges. 143B.  Without prejudice to the generality of section 143A(2)(a), regulations under that section shall ensure that items for which customers are not liable to pay a charge shall include highway drainage."")

Clause 6

BY THE BARONESS HAMWEE
THE LORD ADDINGTON

10      Page 4, line 15, after ("below,") insert ("on payment of the cost of the meter and of its installation")

11      Page 4, line 18, at end insert--

    ("(2A)  In determining the period within which effect must be given to a measured charges notice under its charges scheme in accordance with subsection (2) above, a water undertaker shall be entitled to take into account--
(a)  the environmental impact of furnishing the supply of water in question; and

(b)  the cost to it of providing and installing the meter in question,
taking into account the cost to it of complying with all the other measured charges notices that have or may be given to it.")

12      Page 4, leave out lines 19 to 25 and insert--

    ("(3)  A measured charges notice shall be of no effect if--
(a)  it is not reasonably practicable to fix charges in respect of the premises by reference to the volume of water supplied, or

(b)  it would result in an increase in charges to any other customer.")

BY THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
THE LORD ELLIOTT OF MORPETH

13      Page 4, line 25, at end insert--
    ("In either of those cases, the undertaker may instead fix charges in respect of those premises on the basis of average consumption of water in premises of comparable size.")

BY THE BARONESS HAMWEE
THE LORD ADDINGTON

14      Page 4, line 38, leave out from ("time") to ("revoke") in line 41

BY THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE

15      Page 5, line 12, at end insert--
    ("(7A)  In any case where--

(a)  the premises had been let for residential purposes for a term not exceeding 21 years, whether commencing before or after the commencement of this Act,

(b)  the lessee for the time being had given a measured charges notice to the undertaker without the express written consent of the lessor for the time being, and

(c)  the premises have reverted to the original lessor or his successor in title, whether upon the expiry of the term, or upon forfeiture or abandonment or disclaimer or surrender of the lease or by any other means,

the consumer (here meaning the original lessor or his successor in title or, if the premises have been re-let, any new lessee of the premises) may within 12 months of the premises reverting to the original lessor or his successor in title, give a notice to the water undertaker revoking the measured charges notice.")

16      Page 5, line 14, after ("(5)") insert ("or (7A)")

BY THE BARONESS HAMWEE
THE LORD ADDINGTON

17      Page 5, line 28, leave out ("that")

Clause 7

BY THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE

18      Page 6, line 4, leave out ("either")

19      Page 6, line 14, at end insert (", or
(c)  there would have been grounds for altering the rating valuation under Part V of the General Rate Act 1967 (notwithstanding any repeal of that Part) as it applied to the premises.")

20      Page 6, line 25, at end insert--
    ("(5)  Any dispute arising under subsection (2)(c) above shall be referred to the Director for determination under section 30A by any party to the dispute."")

BY THE BARONESS HAMWEE
THE LORD ADDINGTON

21      Page 6, line 25, at end insert--

10 ("Unmeasured charges notice. 144C.--(1)  Where--

(a)  water is supplied by a water undertaker to premises in which, or in any part of which, a person has his home, and

(b)  charges in respect of those premises are fixed by virtue of any charges scheme under section 143 above by reference to the volume of water supplied, and

(c)  that person has not previously given to the undertaker a measured charges notice,

the consumer may at any time give the undertaker a notice, (in this section referred to as an "unmeasured charges notice"), requiring the undertaker to fix charges in respect of the supply without reference to the volume of water supplied.

    (2)  A water undertaker must give effect to an unmeasured charges notice before the end of a period determined in accordance with the undertaker's charges scheme."")

Clause 8

BY THE BARONESS HAMWEE
THE LORD ADDINGTON

22      Page 6, line 28, at end insert ("during the period beginning 1st April 2000 and ending 31st March 2005")

23      Page 6, line 28, at end insert--

    ("(2)  District Valuation Offices of the Inland Revenue shall, when requested to do so by their occupiers, as soon as practicable make available to a relevant undertaker who proposes to charge by reference to rateable value rateable values for any dwelling-house in respect of which no value currently appears on the valuation list.")

After Clause 9

BY THE BARONESS HAMWEE
THE LORD ADDINGTON

24      Insert the following new Clause--

    ("  .  After section 150 of the Water Industry Act 1991, there is inserted-- Charging by reference to council tax valuation bands.

Charging by reference to council tax valuation bands

10 Charging by reference to council tax valuation bands. 150A.--(1)  A relevant undertaker who proposes to exercise the power conferred by subsection (3) shall be entitled to be supplied with information under section 28 of the Local Government Finance Act 1992 (information on council tax valuation lists) in computer readable form.

    (2)  The exercise by a relevant undertaker of the right contained in subsection (1) above shall be subject to the provisions of subsection (7) of section 28 of the Local Government Finance Act 1992 (payment of a reasonable charge).

    (3)  The Secretary of State may by regulations empower relevant undertakers to fix charges under section 142(4) above by reference to the council tax valuation bands from time to time determined under Part II of the Local Government Finance Act 1992, on such terms and conditions as he may prescribe.".")

25      Insert the following new Clause--

    ("  .  After subsection (5) of section 150 of the Water Industry Act 1991 (charging for services provided with the help of an undertaker), there is inserted--
    (6)  An order under this section may--

(a)  require any person who resells water supplied by a water undertaker to furnish the purchaser with such information as may be specified or described in the order; and

(b)  provide that, in the event of his failing to do so, the maximum price applicable to the resale shall be such as may be specified in the order, or shall be reduced by such amount or such percentage as may be so specified."")
Requirements for reselling water supplied by undertaker.

BY THE LORD GRAHAM OF EDMONTON

26*      Insert the following new Clause--

    ("  .  After subsection (5) of section 150 of the Water Industry Act 1991 (charging for services provided with the help of an undertaker), there shall be inserted--
    (6)  Without prejudice to subsection (5) above, it shall be an offence punishable on summary conviction by a fine not exceeding level 3 on the standard scale for any person to demand payment of a charge for water supplies or sewerage services which is in excess of the relevant maximum charge contained in any order made under subsection (1)."")
Offence of charging in breach of a resale order.

Clause 10

BY THE BARONESS MILLER OF HENDON
THE LORD ELLIOTT OF MORPETH

27*      Page 7, line 28, at end insert--

    ("(  )  After subsection (9) there is inserted--
    (10)  In this section, references to "premises", "building" or "house" shall be taken as also being references to--

(a)  any private dwellinghouse forming the whole or any part of any premises, building or house; and

(b)  any premises, building or house excluding any private dwellinghouse forming part of such premises, building or house".")

Clause 11

BY THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
THE LORD ELLIOTT OF MORPETH

28      Page 8, line 8, at end insert--

10 ("Water undertaker to install meter to each dwellinghouse. 209B.--(1)  Whenever in the case of private dwellinghouses which are not subject to section 144B and which constitute the whole or any part of any building divided into flats it is not reasonably practicable for the water undertaker for the purpose of charging for the water supplied to each dwellinghouse in the said building on a volumetric basis to install or connect a meter to each such dwellinghouse, or to do so would involve the incurring by the undertaker of unreasonable expense, then the undertaker may accede to or adopt one or other of the courses set out in subsections (2) and (3) below.

    (2)  The first course of action referred to in subsection (1) above is as follows--

(a)  the owner of the building may demand from the undertaker a supply of water for the building in accordance with sections 52 to 54 above,

(b)  the undertaker shall be entitled to fix, demand and recover from the owner of the building charges for the supply of water by reference to the volume supplied in accordance with sections 142 and 143 above, and

(c)  subject to the terms of the lease under which each such dwellinghouse is held by the respective occupier thereof but subject also to the provisions of sections 143A and 150 above, the owner shall be entitled to recover charges from the occupier for the re-supply to them of such water.

    (3)  The second course of action referred to in subsection (1) above is that the undertaker may, in respect of those dwellinghouses, fix demand and recover charges assessed on the basis of the average consumption of water in dwellinghouses of comparable size in accordance with the provisions of sections 142 to 143A above.

    (4)  In this section "owner" means the immediate lessor of the occupiers of the dwellinghouses in the said building or any management organisation managing the building of which the dwellinghouse forms part.

    (5)  Any dispute arising under this section shall be referred to the Director for determination under section 30A by any party to the dispute."")

Clause 12

BY THE LORD MACKAY OF ARDBRECKNISH
THE BARONESS MILLER OF HENDON

29      Page 8, line 21, leave out ("Consultative") and insert ("Consumer")

Schedule 2

BY THE LORD MACKAY OF ARDBRECKNISH
THE BARONESS MILLER OF HENDON

30      Page 15, leave out line 5 and insert--
("(a)  an independent chairman appointed by the Secretary of State, and")

31      Page 15, line 6, leave out ("6") and insert ("7")

32      Page 15, line 6, leave out ("9") and insert ("11")

33      Page 15, line 19, at end insert--

    ("7.  In every financial year, at least one meeting of each Consultative Committee established under paragraph 4 shall be open to all members of the public.")

Clause 13

BY THE LORD MACKAY OF ARDBRECKNISH
THE BARONESS MILLER OF HENDON

34      Page 9, line 29, at end insert (", and
(f)  the impact of charges on consumers, and especially on vulnerable and disadvantaged consumers.")

Schedule 3

BY THE BARONESS MILLER OF HENDON
THE LORD ELLIOTT OF MORPETH

35*      Page 15, line 24, at end insert--

    ("  .  In section 64 of the Water Industry Act 1991 (supply by means of service pipes), after subsection (5) there is inserted--
    (6)  In this section, references to "premises", "building" or "part of a building" or "house" shall be taken as also being references to--

(a)  any private dwellinghouse forming the whole or any part of any premises, building, part of a building or house; and

(b)  any premises, building, or part of a building or house excluding any private dwellinghouse forming part of such premises, building part of a building or house)".")

36*      Page 15, line 47, at end insert--

    ("  .  In section 219 of that Act (general interpretation) at the appropriate place insert--
private dwellinghouse" means a house or any part of a house which is occupied by an individual as his only or principal home and exclusively for his own private purposes, and does not include any other premises or building or house of which the dwellinghouse forms part which is used for any other purpose;"")

© Parliamentary copyright 1999
Prepared 21 April 1999

	[Amendments marked are new or have been altered*]
Amendment No.
	Schedule 1
	BY THE BARONESS HAMWEE THE LORD ADDINGTON
1	Page 12, line 23, leave out from ("applies") to end of line 25
2	Page 12, line 30, leave out ("60") and insert ("55")
3	Page 12, line 33, at end insert-- (" . Premises accommodating people housed by a local authority under its duties towards homeless people.")
	Clause 5
	BY THE BARONESS HAMWEE THE LORD ADDINGTON
4	Page 3, line 16, after ("principles") insert ("(which shall include affordability)")
5	Page 3, line 40, at end insert-- ("(3A) The Secretary of State shall be responsible for-- (a) providing to relevant undertakers particulars of any persons who are entitled to assistance by virtue of any regulations made under this section; (b) meeting all costs of providing such information; and (c) reimbursing relevant undertakers with all costs incurred by them in administering any assistance that may be required to be provided by such regulations.")
	BY THE BARONESS MILLER OF HENDON THE BARONESS SECCOMBE THE LORD ELLIOTT OF MORPETH
6	Page 3, line 44, at end insert-- ("( ) The power to make regulations under this section may not be exercised in a manner which conflicts with a charges scheme approved by the Director pursuant to section 143(6) in a manner which complies with subsection (7) of that section."")
	BY THE BARONESS MILLER OF HENDON THE BARONESS SECCOMBE
7	Page 3, line 44, at end insert-- ("( ) The power to make regulations under this section shall only be exercised after consultation with such persons and bodies as the Secretary of State considers it appropriate to consult in relation to the proposed regulations."")
8	Page 3, line 44, at end insert-- ("( ) No regulations shall be made under this section unless a draft has been laid before, and approved by a resolution of, each House of Parliament."")
	BY THE BARONESS HAMWEE THE LORD ADDINGTON
9	Page 3, line 44, at end insert--
10	("Highway drainage charges.	143B. Without prejudice to the generality of section 143A(2)(a), regulations under that section shall ensure that items for which customers are not liable to pay a charge shall include highway drainage."")
	Clause 6
	BY THE BARONESS HAMWEE THE LORD ADDINGTON
10	Page 4, line 15, after ("below,") insert ("on payment of the cost of the meter and of its installation")
11	Page 4, line 18, at end insert-- ("(2A) In determining the period within which effect must be given to a measured charges notice under its charges scheme in accordance with subsection (2) above, a water undertaker shall be entitled to take into account-- (a) the environmental impact of furnishing the supply of water in question; and (b) the cost to it of providing and installing the meter in question, taking into account the cost to it of complying with all the other measured charges notices that have or may be given to it.")
12	Page 4, leave out lines 19 to 25 and insert-- ("(3) A measured charges notice shall be of no effect if-- (a) it is not reasonably practicable to fix charges in respect of the premises by reference to the volume of water supplied, or (b) it would result in an increase in charges to any other customer.")
	BY THE BARONESS MILLER OF HENDON THE BARONESS SECCOMBE THE LORD ELLIOTT OF MORPETH
13	Page 4, line 25, at end insert-- ("In either of those cases, the undertaker may instead fix charges in respect of those premises on the basis of average consumption of water in premises of comparable size.")
	BY THE BARONESS HAMWEE THE LORD ADDINGTON
14	Page 4, line 38, leave out from ("time") to ("revoke") in line 41
	BY THE BARONESS MILLER OF HENDON THE BARONESS SECCOMBE
15	Page 5, line 12, at end insert-- ("(7A) In any case where-- (a) the premises had been let for residential purposes for a term not exceeding 21 years, whether commencing before or after the commencement of this Act, (b) the lessee for the time being had given a measured charges notice to the undertaker without the express written consent of the lessor for the time being, and (c) the premises have reverted to the original lessor or his successor in title, whether upon the expiry of the term, or upon forfeiture or abandonment or disclaimer or surrender of the lease or by any other means, the consumer (here meaning the original lessor or his successor in title or, if the premises have been re-let, any new lessee of the premises) may within 12 months of the premises reverting to the original lessor or his successor in title, give a notice to the water undertaker revoking the measured charges notice.")
16	Page 5, line 14, after ("(5)") insert ("or (7A)")
	BY THE BARONESS HAMWEE THE LORD ADDINGTON
17	Page 5, line 28, leave out ("that")
	Clause 7
	BY THE BARONESS MILLER OF HENDON THE BARONESS SECCOMBE
18	Page 6, line 4, leave out ("either")
19	Page 6, line 14, at end insert (", or (c) there would have been grounds for altering the rating valuation under Part V of the General Rate Act 1967 (notwithstanding any repeal of that Part) as it applied to the premises.")
20	Page 6, line 25, at end insert-- ("(5) Any dispute arising under subsection (2)(c) above shall be referred to the Director for determination under section 30A by any party to the dispute."")
	BY THE BARONESS HAMWEE THE LORD ADDINGTON
21	Page 6, line 25, at end insert--
10	("Unmeasured charges notice.	144C.--(1) Where--
		(a) water is supplied by a water undertaker to premises in which, or in any part of which, a person has his home, and
		(b) charges in respect of those premises are fixed by virtue of any charges scheme under section 143 above by reference to the volume of water supplied, and
		(c) that person has not previously given to the undertaker a measured charges notice,
	the consumer may at any time give the undertaker a notice, (in this section referred to as an "unmeasured charges notice"), requiring the undertaker to fix charges in respect of the supply without reference to the volume of water supplied. (2) A water undertaker must give effect to an unmeasured charges notice before the end of a period determined in accordance with the undertaker's charges scheme."")
	Clause 8
	BY THE BARONESS HAMWEE THE LORD ADDINGTON
22	Page 6, line 28, at end insert ("during the period beginning 1st April 2000 and ending 31st March 2005")
23	Page 6, line 28, at end insert-- ("(2) District Valuation Offices of the Inland Revenue shall, when requested to do so by their occupiers, as soon as practicable make available to a relevant undertaker who proposes to charge by reference to rateable value rateable values for any dwelling-house in respect of which no value currently appears on the valuation list.")
	After Clause 9
	BY THE BARONESS HAMWEE THE LORD ADDINGTON
24	Insert the following new Clause--
	(" . After section 150 of the Water Industry Act 1991, there is inserted--		Charging by reference to council tax valuation bands.
	Charging by reference to council tax valuation bands
10	Charging by reference to council tax valuation bands.	150A.--(1) A relevant undertaker who proposes to exercise the power conferred by subsection (3) shall be entitled to be supplied with information under section 28 of the Local Government Finance Act 1992 (information on council tax valuation lists) in computer readable form.
	(2) The exercise by a relevant undertaker of the right contained in subsection (1) above shall be subject to the provisions of subsection (7) of section 28 of the Local Government Finance Act 1992 (payment of a reasonable charge). (3) The Secretary of State may by regulations empower relevant undertakers to fix charges under section 142(4) above by reference to the council tax valuation bands from time to time determined under Part II of the Local Government Finance Act 1992, on such terms and conditions as he may prescribe.".")
25	Insert the following new Clause--
	(" . After subsection (5) of section 150 of the Water Industry Act 1991 (charging for services provided with the help of an undertaker), there is inserted-- (6) An order under this section may-- (a) require any person who resells water supplied by a water undertaker to furnish the purchaser with such information as may be specified or described in the order; and (b) provide that, in the event of his failing to do so, the maximum price applicable to the resale shall be such as may be specified in the order, or shall be reduced by such amount or such percentage as may be so specified."")		Requirements for reselling water supplied by undertaker.
	BY THE LORD GRAHAM OF EDMONTON
26*	Insert the following new Clause--
	(" . After subsection (5) of section 150 of the Water Industry Act 1991 (charging for services provided with the help of an undertaker), there shall be inserted-- (6) Without prejudice to subsection (5) above, it shall be an offence punishable on summary conviction by a fine not exceeding level 3 on the standard scale for any person to demand payment of a charge for water supplies or sewerage services which is in excess of the relevant maximum charge contained in any order made under subsection (1)."")		Offence of charging in breach of a resale order.
	Clause 10
	BY THE BARONESS MILLER OF HENDON THE LORD ELLIOTT OF MORPETH
27*	Page 7, line 28, at end insert-- ("( ) After subsection (9) there is inserted-- (10) In this section, references to "premises", "building" or "house" shall be taken as also being references to-- (a) any private dwellinghouse forming the whole or any part of any premises, building or house; and (b) any premises, building or house excluding any private dwellinghouse forming part of such premises, building or house".")
	Clause 11
	BY THE BARONESS MILLER OF HENDON THE BARONESS SECCOMBE THE LORD ELLIOTT OF MORPETH
28	Page 8, line 8, at end insert--
10	("Water undertaker to install meter to each dwellinghouse.	209B.--(1) Whenever in the case of private dwellinghouses which are not subject to section 144B and which constitute the whole or any part of any building divided into flats it is not reasonably practicable for the water undertaker for the purpose of charging for the water supplied to each dwellinghouse in the said building on a volumetric basis to install or connect a meter to each such dwellinghouse, or to do so would involve the incurring by the undertaker of unreasonable expense, then the undertaker may accede to or adopt one or other of the courses set out in subsections (2) and (3) below.
	(2) The first course of action referred to in subsection (1) above is as follows--
		(a) the owner of the building may demand from the undertaker a supply of water for the building in accordance with sections 52 to 54 above,
		(b) the undertaker shall be entitled to fix, demand and recover from the owner of the building charges for the supply of water by reference to the volume supplied in accordance with sections 142 and 143 above, and
		(c) subject to the terms of the lease under which each such dwellinghouse is held by the respective occupier thereof but subject also to the provisions of sections 143A and 150 above, the owner shall be entitled to recover charges from the occupier for the re-supply to them of such water. (3) The second course of action referred to in subsection (1) above is that the undertaker may, in respect of those dwellinghouses, fix demand and recover charges assessed on the basis of the average consumption of water in dwellinghouses of comparable size in accordance with the provisions of sections 142 to 143A above. (4) In this section "owner" means the immediate lessor of the occupiers of the dwellinghouses in the said building or any management organisation managing the building of which the dwellinghouse forms part. (5) Any dispute arising under this section shall be referred to the Director for determination under section 30A by any party to the dispute."")
	Clause 12
	BY THE LORD MACKAY OF ARDBRECKNISH THE BARONESS MILLER OF HENDON
29	Page 8, line 21, leave out ("Consultative") and insert ("Consumer")
	Schedule 2
	BY THE LORD MACKAY OF ARDBRECKNISH THE BARONESS MILLER OF HENDON
30	Page 15, leave out line 5 and insert-- ("(a) an independent chairman appointed by the Secretary of State, and")
31	Page 15, line 6, leave out ("6") and insert ("7")
32	Page 15, line 6, leave out ("9") and insert ("11")
33	Page 15, line 19, at end insert-- ("7. In every financial year, at least one meeting of each Consultative Committee established under paragraph 4 shall be open to all members of the public.")
	Clause 13
	BY THE LORD MACKAY OF ARDBRECKNISH THE BARONESS MILLER OF HENDON
34	Page 9, line 29, at end insert (", and (f) the impact of charges on consumers, and especially on vulnerable and disadvantaged consumers.")
	Schedule 3
	BY THE BARONESS MILLER OF HENDON THE LORD ELLIOTT OF MORPETH
35*	Page 15, line 24, at end insert-- (" . In section 64 of the Water Industry Act 1991 (supply by means of service pipes), after subsection (5) there is inserted-- (6) In this section, references to "premises", "building" or "part of a building" or "house" shall be taken as also being references to-- (a) any private dwellinghouse forming the whole or any part of any premises, building, part of a building or house; and (b) any premises, building, or part of a building or house excluding any private dwellinghouse forming part of such premises, building part of a building or house)".")
36*	Page 15, line 47, at end insert-- (" . In section 219 of that Act (general interpretation) at the appropriate place insert-- private dwellinghouse" means a house or any part of a house which is occupied by an individual as his only or principal home and exclusively for his own private purposes, and does not include any other premises or building or house of which the dwellinghouse forms part which is used for any other purpose;"")