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Lord Dixon-Smith: My Lords, I certainly did not claim that there had been no discussion. The fact that I had to quote the Minister himself on two occasions in this House must have indicated that there had been debate. However, there has been no discussion on the amendment before us. That is the problem, because we have not had time to study it. That is my objection to the process. Yes, there was discussion in Committee in another place and I have no complaints about that, but the amendment was passed under the nine o'clock rule as far as I can establish. If I am incorrect I can only apologise. That is how it seemed to me.

However, we are still left with a dilemma. The fact is that this is almost a paving amendment. We have no knowledge in any way, shape or detail of how it would work. There is no financial information that would enable us to judge whether or not it is in the interests of householders connected to existing private sewers. There is nothing but what is before us; that is, a few

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lines on two or three sheets of paper. That is not sufficient process for me. I should like to test the opinion of the House.

9.51 p.m.

On Question, Whether the said amendment (No. 90A), as an amendment to the Motion, shall be agreed to?

Their Lordships divided: Contents, 14; Not-Contents, 61.

Division No. 8


Attlee, E.
Brougham and Vaux, L.
Byford, B.
Carlisle of Bucklow, L.
Cope of Berkeley, L. [Teller]
Dixon-Smith, L.
Geddes, L.
Howell of Guildford, L.
Montrose, D. [Teller]
Northesk, E.
O'Cathain, B.
Palmer, L.
Selborne, E.
Skelmersdale, L.


Acton, L.
Amos, B. (Lord President)
Andrews, B.
Archer of Sandwell, L.
Ashton of Upholland, B.
Bach, L.
Bassam of Brighton, L.
Bernstein of Craigweil, L.
Borrie, L.
Bragg, L.
Brett, L.
Brooke of Alverthorpe, L.
Brookman, L.
Burlison, L.
Carter, L.
Chandos, V.
Crawley, B.
Davies of Coity, L.
Davies of Oldham, L. [Teller]
Dubs, L.
Evans of Parkside, L.
Evans of Temple Guiting, L.
Farrington of Ribbleton, B.
Faulkner of Worcester, L.
Gale, B.
Gilbert, L.
Golding, B.
Goldsmith, L.
Graham of Edmonton, L.
Grocott, L. [Teller]
Hannay of Chiswick, L.
Harris of Richmond, B.
Hayman, B.
Howells of St. Davids, B.
Hoyle, L.
Hughes of Woodside, L.
Hunt of Chesterton, L.
Lea of Crondall, L.
Macdonald of Tradeston, L.
McIntosh of Haringey, L.
McIntosh of Hudnall, B.
Massey of Darwen, B.
Methuen, L.
Miller of Chilthorne Domer, B.
Morgan, L.
Pitkeathley, B.
Ramsay of Cartvale, B.
Rendell of Babergh, B.
Rogers of Riverside, L.
Roper, L.
Sainsbury of Turville, L.
Scotland of Asthal, B.
Sewel, L.
Simon, V.
Slynn of Hadley, L.
Stone of Blackheath, L.
Turnberg, L.
Wallace of Saltaire, L.
Warwick of Undercliffe, B.
Whitty, L.
Wilkins, B.

Resolved in the negative, and amendment disagreed to accordingly. On Question, Motion agreed to.

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91Clause 100, page 124, line 13, leave out ", 114"
92Clause 101, page 125, line 17, after "86(1A),", insert "87B, 88A, 89,"
93Page 125, line 31, at end insert— "( ) for "94 to 96," there is substituted "94, 95, 96,",

    ( ) after "104," there is inserted "105A to 105C,","

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94Clause 102, page 128, line 15, after first "amendments", insert "(including the repeal of certain spent enactments)"
95Clause 103, page 128, line 36, leave out "be taken to continue" and insert "continue to be taken"
96Page 128, line 38, leave out "be taken to continue" and insert "continue to be taken"
97Page 128, line 43, after "or", insert "abstractions"
98Page 129, line 11, leave out second "(6)" and insert "(5)"
99Clause 104, page 129, line 21, at end insert "(including in particular any instrument appointing a company to be a water or sewerage undertaker)"
100Clause 106, page 131, line 39, leave out "Secretary of State" and insert "appropriate authority"
101Page 131, line 41, at end insert— "(4A) Except as stated in subsection (4B), the appropriate authority for the purposes of subsection (3) is the Secretary of State after consulting the Assembly.

    (4B) In relation to the sections and Schedules listed in the first column of this table, the appropriate authority is as listed in the second column—

    Section or ScheduleAppropriate authority
    Section 76The Secretary of State.
    Section 70The Assembly after consulting the Secretary of State.
    Sections 61, 72, 78, 80, 81, 83, (Duty to encourage water conservation) and 88The Secretary of State, in relation to England; the Assembly, in relation to Wales.
    Section 102 and Schedules 7, 8 and 9As respects any amendment or repeal consequential on a provision referred to above in this table, the same appropriate authority as listed in respect of the provision in question; otherwise, the Secretary of State after consulting the Assembly."

    102Page 131, line 43, at end insert— "( ) Section 39 and Schedule 3 extend also to Scotland and Northern Ireland."

103Page 131, line 44, at end insert—
"( ) section 56(1) and (2),"
104Page 132, line 1, at end insert—
"( ) section 76,"
105Page 132, line 3, at end insert—
"( ) section 87(3),
( ) section 104(1), (2), (7) and (8),
( ) section 105."
106Page 132, line 3, at end insert— "( ) Section 61(9) extends to Scotland only.

    ( ) Any amendment or repeal of a provision of the WRA made by this Act has the same extent as the provision being amended or repealed.

    ( ) Sections 5, 6, 12 and 29 have the same extent as they would have if they were contained in the WRA, and section 224 of the WRA (application to Isles of Scilly) applies in relation to those sections as it applies to the WRA."

107Page 132, line 4, leave out "7, 8 or 9" and insert "7 or 8"
108Page 132, line 5, at end insert— "( ) Any repeal contained in Schedule 9 has the same extent as the provision elsewhere in this Act which provides for the repeal."

109Page 132, line 6, leave out subsection (8)
110Schedule 4, page 159, line 48, leave out "and" and insert "or"
111Page 162, line 43, leave out "and" and insert "or"

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112Page 164, line 34, leave out "Office of Fair Trading" and insert "OFT"
113Page 169, line 30, after "primary", insert "water"
114Page 170, line 1, after "primary", insert "water"
115Page 170, line 8, after "primary", insert "water"
116Page 170, line 11, after "primary", insert "water"
117Page 172, line 4, leave out "Office of Fair Trading" and insert "OFT"
118Page 173, line 28, after "secondary", insert "water"
119Page 177, line 7, leave out "section 66J" and insert "sections 66J and 66L"
120Schedule 6, page 183, line 10, leave out "4B" and insert "4C"
121Page 183, line 18, leave out "4B" and insert "4C"
122Page 183, line 27, leave out "4B" and insert "4C"
123Page 185, line 9, leave out "4B" and insert "4C"
124Schedule 7, page 186, line 16, after "access;", insert "or"
125Page 187, line 5, leave out "date" and insert "notice"
126Page 190, line 14, at end insert—
"( ) The Environment Act 1995 is amended as follows."
127Page 190, line 15, leave out "of the Environment Act 1995" and insert "(general provisions with respect to water)"
128Page 190, line 22, at end insert—
"( ) In Schedule 22 (amendment of enactments), paragraph 181 is omitted."
129Schedule 7, page 192, line 43, at end insert—
"( ) In Schedule 3 (Director General of Water Services), paragraphs 6 and 7 are omitted.
( ) In Schedule 4 (customer service committees), paragraph 6 is omitted.
( ) In Schedule 25 (amendment of enactments), paragraphs 68(2)(a) and 76(a) are omitted."
130Page 194, line 37, leave out from "Director" to "there" in line 38 and insert "General of Water Services under section 29(6)""
131Page 194, line 39, leave out "above or"
132Page 195, line 8, after "1991)", insert "; or"
133Page 195, line 16, at end insert—
"( ) The Water Consolidation (Consequential Provisions) Act 1991 is amended as follows.
( ) In Schedule 1 (amendment of enactments), paragraphs 10, 28(a) and 29(a) are omitted."
134Page 195, line 17, leave out from "Schedule 2" to "(transitional" in line 18
135Page 195, line 28, leave out from "paragraph" to "the" in line 29 and insert "(o) there is inserted—
"(p) "
136Page 195, line 36, at end insert—
"( ) In Schedule 10 (regulators), the following are omitted—
(a) paragraph 5(3),
(b) paragraph 13(2) and (3)."
137Page 196, line 6, leave out from "paragraph" to "the" in line 7 and insert "(gh) there is inserted—
"(gi) "
138Page 196, line 20, leave out from "paragraph" to "the" in line 21 and insert "(ra) there is inserted—
"(rb) "

13 Nov 2003 : Column 1712

139Page 197, line 5, at end insert—
"Reservoirs Act 1975 (c. 23) In Schedule 1 to the Reservoirs Act 1975 (index of general definitions), the entry for "Local authority" is omitted."

140Page 197, line 6, at end insert—
" ( ) The WIA is amended as follows."
141Page 197, line 7, leave out "of the WIA"
142Page 197, line 11, at end insert—
" ( ) In section 213(1) (powers to make regulations), after "or 17D(8)" (which is inserted by paragraph 49(2) of Schedule 8) there is inserted "or 105A"."
143Schedule 7, page 197, line 20, at end insert—
"Health Authorities Act 1995 (c. 17) In Schedule 1 to the Health Authorities Act 1995 (amendment of enactments), paragraph 120 is omitted."

144Schedule 7, page 197, line 20, at end insert—
"Environment Act 1995 (c. 25) In section 101 of the Environment Act 1995 (grants in connection with drainage works), subsection (1) is omitted."

145Schedule 8, page 202, line 15, after "licences", insert "(within the meanings of Chapter 1A of this Part)"
146Page 205, line 8, leave out "(7)" and insert "(8)"
147Page 213, line 17, after "after "", insert "by"
148Schedule 9, page 222, line 25, column 2, leave out " "in" and insert " "and in"
149Page 223, line 30, column 2, at end insert—
"In Schedule 1, the entry for "Local authority"."

150Page 223, line 41, column 2, at end insert—
"In Schedule 3, paragraphs 6 and 7.
In Schedule 4, paragraph 6.
In Schedule 25, paragraphs 68(2)(a) and 76(a)."

151Page 224, line 37, at end insert—
"Water Consolidation (Consequential Provisions) Act 1991 (c. 60)In Schedule 1, paragraphs 10, 28(a) and 29(a)."

152Page 224, line 39, at end insert—
"Health Authorities Act 1995 (c. 17)In Schedule 1, paragraph 120."

153Page 224, line 40, column 2, at beginning insert—
"Section 101(1)."

154Page 224, line 43, column 2, at end insert—
"In Schedule 22, paragraph 181."

155Page 224, line 44, column 2, at end insert—
"In Schedule 10, paragraphs 5(3) and 13(2) and (3)."

Lord Whitty: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 91 to 155.

Moved, That the House do agree with the Commons in their Amendments Nos. 91 to 155.—(Lord Whitty.)

On Question, Motion agreed to.

13 Nov 2003 : Column 1713

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