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Water Mergers
Lord Hodgson of Astley Abbotts asked Her Majesty's Government:
Whether they intend to redraft paragraphs 35(2) and (3) of the Water Mergers (Modification of Enactments) Regulations 2004 (S.I. 2004/3202) in order to achieve greater clarity of purpose. [HL1724]
The Parliamentary Under-Secretary of State, Department of Trade and Industry (Lord Sainsbury of Turville): There are no plans to amend these regulations. Paragraph 11 of the Water Mergers (Modification of Enactments) Regulations 2004 (S.I. 2004/3202), inserted new Sections 35(2) and (3) into the Water Industry Act 1991. These have the effect that a two-thirds majority of members of the group of the Competition Commission considering a water merger is required in order for the group to conclude that a water merger has taken place, and that an adverse finding should be made.
These provisions mirror the provisions for non-water mergers, as set out in paragraph 20(3) of Schedule 7 to the Competition Act 1998.
Lord Hodgson of Astley Abbotts asked Her Majesty's Government:
Whether the turnover of water companies for the purposes of the Enterprise Act 2002 (Merger Fees and Determination of Turnover) (Amendment) Order 2004 (S.I. 2004/3204) includes their non-water related activities. [HL1725]
Lord Sainsbury of Turville: No. Mergers fees are calculated in accordance with the Enterprise Act 2002 (Merger Fees and Determination of Turnover) Order 2003. The Enterprise Act 2002 (Merger Fees and Determination of Turnover) (Amendment) Order 2004 amends this order for mergers between water companies (inter alia) by providing that the turnover of a water enterprise for the purposes of Article 5(5) is calculated in accordance with the Water Mergers (Determination of Turnover) Regulations 2004 (SI 2004/3206). These regulations provide that the turnover of a water enterprise is limited to the amounts derived from the sale of products and the provision of
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services falling within its appointed business to businesses or consumers in England and Wales after deduction of sales rebates, value added tax and other taxes directly related to turnover. Appointed business for these purposes means the business of carrying out the activities which are necessary for a water enterprise to fulfil its functions as a relevant undertaker as defined in the Water Industry Act 1991. A relevant undertaker means a water undertaker or a sewerage undertaker and its functions are defined in Section 219 of the Water Industry Act 1991.
Recreational Craft Regulations
Lord Hodgson of Astley Abbotts asked Her Majesty's Government:
What changes will be made as a consequence of paragraph 2(c) of the Recreational Craft (Amendment) Regulations 2004 (S.I. 2004/3201). [HL1753]
Lord Sainsbury of Turville: No substantive change will be made, only a typographical correction.
The amendment regulations were made to correct some errors in the Recreational Craft Regulations 2004 (S.I. 2004/1464); those regulations continue the implementation of Directive 94/25/EC on recreational craft and transpose the amending Directive 2003/44/EC. At the same time as correcting other more significant errors in those regulations, it was decided also to amend the incorrect references to Annexe I, which should have been written using Roman numeral "I" (to properly reflect the directives) instead of the Arabic numeral "1" which was used in the Recreational Craft Regulations 2004 (S.I. 2004/1464). Accordingly, Regulation 2(c) does not affect the intent of the principal regulations in any material way.
End-of-Life Vehicles Regulations
Lord Hodgson of Astley Abbotts asked Her Majesty's Government:
To whom are the responsibilities passed under the End-of-Life Vehicles (Producer Responsibility) Regulations 2005 (S.I. 2005/263) if the producer goes out of business or leaves the United Kingdom. [HL1754]
Lord Sainsbury of Turville: Under the regulations, responsibility for taking back, treating and recycling end-of-life vehicles may pass to a producer taking over the business, in whole or in part, or may be ascribed to another producer by my right honourable friend the Secretary of State, if she has grounds for doing so, or form part of a collective agreement she may negotiate with producers to deal with so-called "orphan" vehicles. Authorised treatment facilities may also choose to accept end-of-life vehicles for which they have no responsibility, on a commercial basis.
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Stonehenge Improvement Scheme
Lord Renfrew of Kaimsthorn asked Her Majesty's Government:
Further to the Written Answer by the Lord Davies of Oldham on 8 February (WA 112), whether when stating that "there was no target date set for receipt of the inspector's report" on the A303 Stonehenge inquiry, Lord Davies of Oldham was aware that the inspector had announced at the end of the inquiry on 11 May 2004 a target date of the week commencing 6 September 2004; and what unanticipated "complexity" in this planning matter is responsible for a delivery time of at least eight rather than four months. [HL1692]
Lord Davies of Oldham: There is no formal target date set for receipt of an inspector's report on highway projects, other than the general guidelines set down in the department's service level agreement with the Planning Inspectorate. Inspectors have sometimes given an indication of the date by when they aim to complete their report, which is what happened in this case.
The inspector's report on the A303 Stonehenge inquiry was received on 31 January 2005 and is currently being considered by the Secretary of State; it would not be appropriate to give any details of its contents.
Railways: South-west Regional Planning Assessment
Lord Patten asked Her Majesty's Government:
Further to the Written Answer by the Lord Davies of Oldham on 1 March (WA 22), whether rail users will be consulted during the Strategic Rail Authority's forthcoming regional planning assessment for the south-west region; and when that assessment will be published. [HL1731]
Lord Davies of Oldham: Local and regional stakeholders will be involved in the development of the regional planning assessment (RPA). The core reference group will include county councils, unitary authorities and the Rail Passengers Council (RPC). Individual rail travellers will not be consulted but the RPC may put forward a digest of their views. The south-west RPA is due to be published in winter 2005.
Carbon Dioxide Emissions: Road-building Programme
Lord Bridges asked Her Majesty's Government:
What will be the net effect of their road-building programme on their commitment to reduce carbon dioxide emissions. [HL1751]
Lord Davies of Oldham: It is estimated that the Highways Agency's road-building programme, consistent with the Future of Transport White Paper, will increase CO2 emissions in England by around 0.1 MtC per year in 2010. This represents an increase in total road transport CO2 emissions of less than 0.5 per cent. Other transport policies, such as sustainable distribution policies which improve HGV fuel efficiency, investment in public transport and smart measures, are forecast to reduce CO2 emissions by around 1.2 MtC per year in 2010.
Traffic Commissioners
Viscount Astor asked Her Majesty's Government:
Whether a traffic commissioner can use the services of the Treasury Solicitor's Department; and, if so, under what circumstances. [HL1766]
Lord Davies of Oldham: Traffic commissioners are free to instruct whichever solicitors they wish should proceedings be brought against them. The Crown Proceedings Act 1947 does not prevent the Treasury Solicitor's Department from representing traffic commissioners.
As a matter of public policy, the Department of Transport will normally arrange for the Treasury Solicitor's Department to represent traffic commissioners in proceedings. The department sponsors the commissioners and the commissioners act under the general direction of the Secretary of State for Transport, although they are independent in carrying out their statutory functions. The Treasury Solicitor would not act on behalf of a traffic commissioner in any case where a conflict of interest arose.
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