Water Bill [HL]

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House of Lords

Session 2002 - 03
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Water Bill [HL]

Water Bill [HL]

EXPLANATORY NOTES
Explanatory notes to the Bill, prepared by the Department for Environment,
Food and Rural Affairs, will be published separately as HL Bill 36—EN.
EUROPEAN CONVENTION ON HUMAN RIGHTS
The Lord Whitty has made the following statement under section 19(1)(a) of
the Human Rights Act 1998:
In my view the provisions of the Water Bill [HL] are compatible with the
Convention rights.

HL Bill 61 53/2

Water Bill [HL]

[AS AMENDED IN GRAND COMMITTEE]

Contents
Part 1
Abstraction and impounding
Restrictions on abstraction and impounding
      1         Licences to abstract water
      2         Restrictions on impounding
      3         Existing impounding works
      4         Existing impounding works: works notices
      5         Rights of navigation, harbour and conservancy authorities
      6         Rights to abstract small quantities
      7         Rights to abstract for drainage purposes, etc
      8         Amendments relating to section 7
      9         Power to provide for further exemptions
      10         Orders under section 33 of the WRA, etc
Applications for a licence
      11         Who may apply for a licence
      12         Abolition of combined licences
      13         Applications: types of abstraction licence
      14         Publication of application for licence
Consideration of licence applications
      15         General consideration of licence applications
      16         Protection from derogation
      17         Protected rights
      18         Register of certain protected rights
Form, contents and effect of licences
      19         Form, contents and effect of licences
      20         Limited extension of abstraction licence validity

HL Bill 61 53/2

Water Bill [HL]
iv

Modification of licences
      21         Modification of impounding licences
      22         Proposals for modification at instance of Agency or Secretary of State
Transfer and apportionment of licences
      23         Transfer and apportionment of licences
Claims and compensation
      24         Claims arising out of water abstraction
      25         Compensation for modification of licence on direction of Secretary of State
      26         Recovery of compensation from new licence-holder
      27         Withdrawal of compensation for certain revocations and variations
Water resources management schemes
      28         Water resources management schemes: other abstractors
      29         Water resources management schemes: referral to Secretary of State
Enforcement
      30         Enforcement notices, and related procedures and offences
Miscellaneous
      31         Bulk supplies
      32         Visiting forces
Part 2
New regulatory arrangements, etc
Establishment, etc of new bodies
      33         Water Services Regulation Authority
      34         Consumer Council for Water
      35         Transfer to Authority and Council of functions, property etc
      36         Conditions relating to costs of water regulation
      37         Forward work programmes and annual reports
Objectives of regulation of water industry
      38         Objectives and duties under WIA
      39         Guidance to Authority on social and environmental matters
      40         Standards of performance in relation to water supply
      41         Standards of performance in relation to sewerage services
Functions of the Council
      42         General functions of the Council
      43         Provision of information to the Council
      44         Provision of statistical information to consumers etc
      45         Consumer complaints

Water Bill [HL]
v

      46         Investigations by the Council
Enforcement of obligations
      47         Financial penalties
      48         Enforcement of certain provisions
Remuneration and standards of performance
      49         Links between directors’ pay and standards of performance
Miscellaneous
      50         Reasons for decisions
The Competition Commission
      51         Specialist members of the Competition Commission
      52         Determination references under section 12 of the WIA
      53         Conditions of appointments under the WIA
Licensing of water suppliers
      54         Licensing of other water suppliers
Part 3
Miscellaneous
The Drinking Water Inspectorate
      55         The Chief Inspector of Drinking Water and the Drinking Water Inspectorate
Water resale
      56         Charges for services provided with the help of an undertaker
Penalties
      57         Abstraction and impounding offences
      58         Supplying water unfit for human consumption
Water resources management plans
      59         Water resources management plans
Drought
      60         Drought plans
      61         Drought orders and drought permits: charges
      62         Procedure at local inquiries

Water Bill [HL]
vi

Land drainage and flood defence
      63         Revocation of local flood defence schemes
      64         Regional flood defence committees
      65         Grants for drainage works and flood warning systems
Information
      66         Information
Powers of entry
      67         Extension of Environment Agency’s powers of entry
Border rivers
      68         Border rivers
Reservoirs
      69         Environment Agency to be enforcement authority under the Reservoirs Act
1975
      70         Extension of enforcement authority’s reserve powers
      71         Service of documents
      72         Flood plans
      73         National security
      74         Offences
      75         Crown application
Water conservation by undertakers
      76         Water conservation
Fire hydrants
      77         Fire hydrants
Coal mine water pollution
      78         Control of water from coal mines
Contaminated land
      79         Contaminated land: pollution of controlled waters
Discharge consents
      80         Transfer of discharge consents
Trade effluent consents
      81         Trade effluent consents
      82         Trade effluent consents: conditions of consent

Water Bill [HL]
vii

Water mains, etc
      83         Water main requisitions: financial conditions
      84         Water main requisitions: calculation of payments
      85         Self-lay and adoption of water mains and service pipes
Sewers and drains
      86         Requisition and adoption of sewers
      87         Provision of public sewers otherwise than by requisition
      88         Requisition of lateral drains
      89         Adoption of lateral drains
      90         Requisitioning and adoption of lateral drains: supplementary
      91         Communication with public sewers
Part 4
Supplementary
      92         Devolution: Wales
      93         Minor and consequential amendments and repeals
      94         Specific transitional and transitory provisions
      95         Powers to make further supplementary, consequential and transitional
provision, etc
      96         Regulations and orders
      97         Interpretation, commencement, short title, and extent
                  Schedule 1                     —                     The Water Services Regulation Authority
                  Schedule 2                     —                     The Consumer Council for Water
                  Schedule 3                     —                     Further provisions about transfers of functions, property etc
                  Schedule 4                     —                     Licensing of water suppliers
                  Schedule 5                     —                     Powers of entry under the Coal Industry Act 1994
                  Schedule 6                     —                     Compulsory purchase under the Coal Industry Act 1994
                  Schedule 7                     —                     Minor and consequential amendments
                  Part 1                    —                     Abstraction and impounding
                  Part 2                    —                     New regulatory arrangements, etc
                  Part 3                    —                     Miscellaneous
                  Schedule 8                     —                     Minor and consequential amendments: licensing of water
suppliers etc
                  Schedule 9                     —                     Repeals
                  Part 1                    —                     Abstraction and impounding
                  Part 2                    —                     New regulatory arrangements, etc
                  Part 3                    —                     Miscellaneous and supplementary

© Parliamentary copyright 2003
Revised 30 April 2003