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back to previous amendments
| 83 | Page 54, leave out lines 19 to 21 |
| 84 | Page 54, line 23, after "undertakers" insert "or licensed water suppliers" |
| 85 | Page 54, line 26, after "undertakers" insert "or licensed water suppliers" |
| 86 | Page 54, leave out lines 34 to 36 |
| 87 | Page 54, line 44, leave out subsection (3) |
| | THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH |
| 88 | Page 55, line 6, leave out from "a" to end of line 7 and insert ""relevant company" (being a company which is a relevant undertaker or a licensed water supplier) in relation to any matter connected with the functions of that relevant company as a relevant undertaker or licensed water supplier" |
| 89 | Page 55, line 6, after "undertaker" insert "or a licensed water supplier" |
| 90 | Page 55, line 7, at end insert "or the services provided by that licensed water supplier" |
| | THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH |
| 91 | Page 55, line 13, after "subsection" insert "(2A) or" |
| 92 | Page 55, line 13, at end insert— |
| "(2A) | Where the investigation of a complaint falling within subsection (1) above shows that the relevant company has in any matter relating to its functions— |
| (a) | failed adequately to consult the complainant, before or in the course of discharging its functions, about the manner in which they are discharged; or |
| (b) | by acting unreasonably in the manner of its discharge of its functions, has caused the complainant to suffer loss or damage or to be subjected to inconvenience, |
| | the Council may direct the relevant company to pay to the complainant an amount, not exceeding £5,000, in respect of that failure, loss, damage or inconvenience. |
| (2B) | The Council shall not under subsection (2A) above direct a relevant company to pay any amount to a complainant in respect of any loss, damage or inconvenience for which compensation is recoverable under any other enactment unless the Council considers it insufficient to cover the loss, damage or inconvenience. |
| (2C) | The relevant company may, by giving notice to the Authority and its customer, appeal to the Authority against a direction made under subsection (2A) above on the grounds that it is unreasonable to make a direction or it is unreasonable to make a direction to pay the amount which the relevant company has been directed to pay. |
| (2D) | On receipt of any such notice, the Authority shall— |
| (a) | request from the Council a statement of reasons why the direction was made and why it was made for the amount for which it was made; and |
| (b) | invite the relevant company and the customer to submit evidence and representations, |
| | and thereafter the Authority may, if it considers that the direction is unreasonable, either quash the direction or increase or decrease the amount of the payment (but so that it shall not exceed £5,000). |
| (2E) | A person to whom any amount is required, in pursuance of a direction under this section, to be paid by a relevant company shall be entitled to recover that amount from that relevant company by virtue of this section. |
| (2F) | The Secretary of State may by regulations substitute a different amount for the amount for the time being specified in subsections (2A) and (2C) above." |
| 93 | Page 55, line 27, after "Wales" insert "or to services provided by a licensed water supplier using the supply system of a water undertaker whose area is wholly or mainly in Wales" |
| 94 | Page 55, line 28, leave out from "State," to end of line 29 and insert "in any other case." |
| 95 | Page 55, line 41, at end insert "or the licensed water supplier" |
| 96 | Page 55, line 42, after "undertaker" insert "or the licensed water supplier" |
| 97 | Page 56, line 4, after "undertaker" insert "or the licensed water supplier" |
| 98 | Page 56, line 11, after "undertaker" insert "or the licensed water supplier" |
| 99 | Page 56, line 36, leave out from first "consumers" to end of line 37 |
| | THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH |
| 100 | Page 57, line 6, leave out from beginning to end of line 29 and insert— |
| "( ) | In the exercise of its power under this section, the Council shall have regard to the need for excluding from such report, so far as that is practicable— |
| (a) | any matter which refers to an individual, where the publication of that matter would, or might in the opinion of the Council, seriously and prejudicially affect the interests of that individual; and |
| (b) | any matter which relates specifically to the affairs of a particular body of persons, whether corporate or unincorporated, where publication of that matter would or might, in the opinion of the Council, seriously and prejudicially affect the interests of that body." |
| 101 | Page 57, line 31, leave out "in pursuance of subsection (6)(c) or (7)(c) above" |
| 102 | Page 57, line 35, leave out "(6)(c) or (7)(c)" and insert "(5)" |
| 102A* | Page 60, line 28, at end insert— |
| "( ) | The power of the Secretary of State to make an order under subsection (11) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament." |
| | THE BARONESS BYFORD
THE LORD DIXON-SMITH
THE DUKE OF MONTROSE |
| 103 | Page 60, line 28, at end insert— |
| "( ) | An order under subsection (11) is subject to annulment in pursuance of a resolution of either House of Parliament." |
| | THE BARONESS O'CATHAIN
THE BARONESS BYFORD
THE LORD DIXON-SMITH |
| 104 | Page 62, line 16, at end insert— |
| "(aa) | that the imposition of the penalty was based on an error of law or fact; |
| (ab) | that the amount of the penalty was unreasonable;" |
| | THE BARONESS BYFORD
THE LORD DIXON-SMITH
THE DUKE OF MONTROSE |
| 105 | Page 62, line 28, after "interest" insert ", at bank rate plus 1 per cent," |
| 106 | Page 62, line 32, after "interest" insert ", at bank rate plus 1 per cent," |
| | THE BARONESS BYFORD
THE LORD DIXON-SMITH
THE DUKE OF MONTROSE |
| 107 | Page 63, line 10, leave out subsection (2) |
| | THE BARONESS O'CATHAIN
THE BARONESS BYFORD |
| 108 | Page 66, line 39, at end insert— |
| "(3C) | For the purposes of subsection (3)(b)(ii) the principles there referred to shall permit, but not require, the Competition Commission, in re-determining any disputed price limit which a relevant undertaker had required the Director to refer to it, to include in that re-determination any allowance for all or part of that relevant undertaker's costs. |
| (3D) | In subsection (3C) above "relevant undertaker's costs" means— |
| (a) | the costs which it incurred in preparing for and pursuing its case before the Commission; and |
| (b) | any costs (whether of the Director or the Commission) which are to be recovered from that relevant undertaker under, or by virtue of, any condition of its appointment."" |
| | THE BARONESS BYFORD
THE LORD DIXON-SMITH
THE DUKE OF MONTROSE |
| 109 | Page 131, line 5, at end insert— |
| | "In section 3(1)(d) after "undertaker" there shall be inserted "or licensed water supplier"." |
| 110 | Page 131, line 5, at end insert— |
| | "In section 3(2)(a)(i) after "undertaker" there shall be inserted "or licensed water supplier"." |
| 111 | Page 131, line 5, at end insert— |
| "( ) | In section 3(4) after "undertaker", the first time it occurs, there shall be inserted "or licensed water supplier"." |
| 112 | Page 131, line 5, at end insert— |
| "( ) | In section 3(4) after "undertaker", the second time it occurs, there shall be inserted "or licensed water supplier"." |
| 113 | Page 131, line 5, at end insert— |
| "( ) | In section 3(7) after "undertaker" there shall be inserted "or licensed water supplier"." |
| 114 | Page 132, leave out lines 3 to 5 |
| | THE BARONESS BYFORD
THE LORD DIXON-SMITH
THE DUKE OF MONTROSE |
| 115 | Page 132, line 3, leave out "does not authorise the company to introduce" and insert "may prohibit the company from introducing" |
| | THE LORD CORBETT OF CASTLE VALE |
| 116 | Page 133, line 45, leave out "50" and insert "25" |
| | THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH |
| 117 | Page 133, line 45, leave out "50" and insert "10" |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE
THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH |
| 118 | Page 134, line 42, at end insert— |
| "( ) | the Consumer Council for Water;" |
| 119 | Page 136, line 19, at end insert— |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE
THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH |
| 120 | Page 136, line 19, at end insert— |
| "( ) | on the Consumer Council for Water;" |
| 121 | Page 138, line 15, at end insert— |
| "( ) | for the promulgation of any code or other document imposing obligations on licensed water suppliers or affecting their conduct, and, where this is so, for the Council to be consulted in the preparation of that code or other document; and |
| ( ) | for the directors, or some of them, or other representatives of each licensed water supplier to meet, at such intervals as may be specified, the committee of the Council to which the supplier has been allocated." |
| 122 | Page 140, line 7, at end insert— |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE
THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH |
| 123 | Page 140, line 10, at end insert "; and |
| (v) | the Consumer Council for Water." |
| 124 | Page 140, line 46, at end insert— |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE
THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH |
| 125 | Page 141, line 2, at end insert "; and |
| (v) | the Consumer Council for Water." |
| 126 | Page 143, line 21, at end insert— |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE
THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH |
| 127 | Page 143, line 24, at end insert "; and |
| (v) | the Consumer Council for Water." |
| 128 | Page 146, line 33, at end insert— |
| 129 | Page 148, line 23, at end insert— |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE
THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH |
| 130 | Page 148, line 26, at end insert "; and |
| (iv) | the Consumer Council for Water." |
| 131 | Page 150, line 23, at end insert— |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE
THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH |
| 132 | Page 150, line 26, at end insert "; and |
| (vi) | the Consumer Council for Water." |
| | THE BARONESS BYFORD
THE LORD DIXON-SMITH
THE DUKE OF MONTROSE |
| 133 | Page 156, line 17, at end insert— |
| "( ) | cause damage or disturbance to green belt land or to land or property designated under any conservation notice or grade." |
| 134 | Page 158, line 22, at end insert— |
| "( ) | cause damage or disturbance to green belt land or to land or property designated under any conservation notice or grade." |
| 135 | Page 160, line 21, after "any" insert "quantifiable" |
| 136 | Page 161, line 8, leave out "Secretary of State" and insert "Chief Inspector of Drinking Water" |
| 137 | Page 161, line 17, leave out "Secretary of State" and insert "Chief Inspector of Drinking Water" |
| 138 | Page 161, line 26, leave out from second "the" to end of line 27 and insert "Chief Inspector of Drinking Water for Wales" |
| 139 | Page 164, line 23, leave out "a" and insert "the" |
| 140 | Page 165, line 13, leave out from "agreement" to end of line 15 and insert "for a supply of water in bulk" |
| | THE BARONESS BYFORD
THE LORD DIXON-SMITH
THE DUKE OF MONTROSE |
| 141 | Page 166, line 13, at beginning insert "shall lay a copy of the notice in each House of Parliament subject to objection within 40 days," |
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