House of Lords Amendments - Water Industry Bill

House of Lords

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 on Report in the House of Lords.

[Amendments marked * are new or have been altered]

Amendment
No.

Clause 5

BY THE BARONESS HAMWEE
THE LORD ADDINGTON

1      Page 3, line 19, at end insert--
("(  )  make provision as to the matters by reference to which effect is to be given to a measured charges notice; and")

2      Page 3, line 40, at end insert--

    ("(3A)  The Secretary of State shall be responsible for providing to relevant undertakers particulars of any persons who are entitled to assistance by virtue of any regulations made under this section.")

BY THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE

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

    (  )  No regulations shall be made under this section unless a draft of the regulations has been laid before, and approved by a resolution of, each House of Parliament."")

Clause 6

BY THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE

4      Page 4, line 25, at end insert--
    ("(3A)  Whenever it is not reasonably practicable to fix charges in respect of any premises by reference to the volume of water supplied, or to do so would involve the incurring by the undertaker of unreasonable expense, then the undertaker may instead fix charges in respect of those premises on the basis of the average consumption of water in premises of comparable size.")

5      Page 4, line 28, after ("above") insert (", or in relation to subsection (3A) above,")

BY THE BARONESS HAMWEE
THE LORD ADDINGTON

6      Page 4, line 39, leave out ("twelve") and insert ("twenty-four")

BY THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE

7      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, and

(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.")

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

Clause 7

BY THE BARONESS HAMWEE
THE LORD ADDINGTON

9      Page 5, line 45, at end insert (", and
(d)  such conditions as may be prescribed are satisfied in relation to the water resources available to the area in which the premises are sited")

BY THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE

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

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

After Clause 9

BY THE BARONESS HAMWEE
THE LORD ADDINGTON

12      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 specified in the order, or shall be reduced by such amount or such percentage as may be so specified."")
Reselling of water.

Clause 10

BY THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE

13      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

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

    ("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 Director for determination under section 30A by any party to the dispute."") Water undertaker to install meter
to each dwellinghouse.

Schedule 3

BY THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE

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

    ("A1.  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 "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."")

16      Page 15, line 47, at end insert--

    ("4A.  In section 219 (general interpretation) there is inserted--
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, to the exclusion of any part of the premises, building or house--

(a)  of which the private dwellinghouse may form part, and

(b)  which is also used for any purpose other than a private dwellinghouse;".")

© Parliamentary copyright 1999
Prepared 8 June 1999

	[Amendments marked are new or have been altered*]
Amendment No.
	Clause 5
	BY THE BARONESS HAMWEE THE LORD ADDINGTON
1	Page 3, line 19, at end insert-- ("( ) make provision as to the matters by reference to which effect is to be given to a measured charges notice; and")
2	Page 3, line 40, at end insert-- ("(3A) The Secretary of State shall be responsible for providing to relevant undertakers particulars of any persons who are entitled to assistance by virtue of any regulations made under this section.")
	BY THE BARONESS MILLER OF HENDON THE BARONESS SECCOMBE
3	Page 3, line 44, at end insert-- ("( ) The power to make regulations under this section shall only be exercised after consultation with all such bodies and persons as the Secretary of State considers it appropriate to consult in relation to the proposed regulations. ( ) No regulations shall be made under this section unless a draft of the regulations has been laid before, and approved by a resolution of, each House of Parliament."")
	Clause 6
	BY THE BARONESS MILLER OF HENDON THE BARONESS SECCOMBE
4	Page 4, line 25, at end insert-- ("(3A) Whenever it is not reasonably practicable to fix charges in respect of any premises by reference to the volume of water supplied, or to do so would involve the incurring by the undertaker of unreasonable expense, then the undertaker may instead fix charges in respect of those premises on the basis of the average consumption of water in premises of comparable size.")
5	Page 4, line 28, after ("above") insert (", or in relation to subsection (3A) above,")
	BY THE BARONESS HAMWEE THE LORD ADDINGTON
6	Page 4, line 39, leave out ("twelve") and insert ("twenty-four")
	BY THE BARONESS MILLER OF HENDON THE BARONESS SECCOMBE
7	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, and (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.")
8	Page 5, line 14, after ("(5)") insert ("or (7A)")
	Clause 7
	BY THE BARONESS HAMWEE THE LORD ADDINGTON
9	Page 5, line 45, at end insert (", and (d) such conditions as may be prescribed are satisfied in relation to the water resources available to the area in which the premises are sited")
	BY THE BARONESS MILLER OF HENDON THE BARONESS SECCOMBE
10	Page 6, line 14, at end insert (", or (c) there would have been grounds for altering the rating valuation list under Part V of the General Rate Act 1967 (whether before or after the repeal of that Part) as it applied to the premises.")
11	Page 6, line 25, at end insert-- ("(5) Any dispute arising under paragraph (c) of subsection (2) above may be referred to the Director for determination under section 30A above by any party to the dispute."")
	After Clause 9
	BY THE BARONESS HAMWEE THE LORD ADDINGTON
12	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 specified in the order, or shall be reduced by such amount or such percentage as may be so specified."")	Reselling of water.
	Clause 10
	BY THE BARONESS MILLER OF HENDON THE BARONESS SECCOMBE
13	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
14	Page 8, line 8, at end insert--
	("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 Director for determination under section 30A by any party to the dispute."")	Water undertaker to install meter to each dwellinghouse.
	Schedule 3
	BY THE BARONESS MILLER OF HENDON THE BARONESS SECCOMBE
15	Page 15, line 24, at end insert-- ("A1. 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 "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."")
16	Page 15, line 47, at end insert-- ("4A. In section 219 (general interpretation) there is inserted-- 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, to the exclusion of any part of the premises, building or house-- (a) of which the private dwellinghouse may form part, and (b) which is also used for any purpose other than a private dwellinghouse;".")