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Flood and Water Management Bill


AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE


 

Clause 4

 

LORD DAVIES OF OLDHAM

Page 3, line 20, after "function" insert ", under an enactment,"
 

Clause 5

 

LORD DAVIES OF OLDHAM

Page 3, line 34, after "function" insert ", under an enactment,"
 

Clause 6

 

LORD CAMPBELL-SAVOURS

Page 4, line 37, at end insert—
"(   )  the fire and rescue authorities"
Page 5, line 9, at end insert—
"(   )  a fire and rescue authority that exercises functions in relation to an area in Wales"
 

Clause 7

 

LORD CAMPBELL-SAVOURS

Page 5, line 35, at end insert—
"(   )  the fire and rescue authorities,"
Page 5, line 40, at end insert—
"(   )  a fire and rescue authority that exercises functions in relation to an area in England"
 

LORD DAVIES OF OLDHAM

Page 6, line 11, at end insert "; and it may not be issued if during the period of 40 days beginning with the date of laying (ignoring any periods for which Parliament is dissolved or prorogued or for which both Houses are adjourned for more than 4 days) either House of Parliament resolves that it should not be issued (in that form)."
 

Clause 8

 

LORD DAVIES OF OLDHAM

Page 6, line 39, at end insert—
"(6A)  The Welsh Ministers must lay any guidance in draft before the National Assembly for Wales; and it may not be issued if during the period of 40 days beginning with the date of laying (ignoring any periods for which the National Assembly is dissolved or is in recess for more than 4 days) the National Assembly resolves that it should not be issued (in that form)."
 

After Clause 13

 

LORD CAMPBELL-SAVOURS

Insert the following new Clause—
  "The role of fire and rescue authorities during major flooding
(1)  A fire and rescue authority must make provision for the purpose of rescuing people and protecting them from serious harm in the event of major flooding in its area.
(2)  In making the provision required by subsection (1), a fire and rescue authority must—
(a)  secure the provision of such personnel, services and training as may be necessary efficiently to meet all reasonable requirements;
(b)  make arrangements for dealing with calls for help;
(c)  make arrangements for obtaining necessary information; and
(d)  make arrangements for ensuring that reasonable steps are taken to prevent or limit damage to property resulting from action taken pursuant to such provision.
(3)  Where—
(a)  a fire and rescue authority maintains specialist resources ("the first authority");
(b)  major flooding has occurred or is likely to occur in the area of another fire and rescue authority ("the second authority"); and
(c)  the second authority has requested the first authority to use those resources in the second authority's area,
 the first authority must use its specialist resources in the area of the second authority to such extent as is reasonable for the purpose of dealing with the emergency.
(4)  In this section—
(a)  "major flooding" means flooding that causes or is likely to cause one or more individuals to die, be seriously injured or become seriously ill as a result from—
(i)  natural causes; or
(ii)  an escape of water from a large raised reservoir;
(b)  "specialist resources" means resources maintained for the purpose of taking action pursuant to provision made in accordance with subsection (1) including any personnel who have received specialist training for that purpose;
(c)  "large raised reservoir" has the same meaning as in section 1 of the Reservoir Act 1975 (ambit of Act and interpretation)."
 

Clause 15

 

LORD DAVIES OF OLDHAM

Page 12, line 21, at end insert "to reflect a change in the value of money"
Page 12, line 35, at end insert—
"(12)  The first sets of regulations under subsection (8) may not be made unless a draft has been laid before and approved by resolution of—
(a)  each House of Parliament, in the case of the first regulations made by the Secretary of State, and
(b)  the National Assembly for Wales, in the case of the first regulations made by the Welsh Ministers."
 

Schedule 1

 

LORD DAVIES OF OLDHAM

Page 40, line 15, at end insert—
"(5)      The first sets of regulations may not be made unless a draft has been laid before and approved by resolution of—
(a)  each House of Parliament, in the case of the first regulations made by the Secretary of State, and
(b)  the National Assembly for Wales, in the case of the first regulations made by the Welsh Ministers."
 

Schedule 3

 

LORD DAVIES OF OLDHAM

Page 53, line 21, leave out "a specified area" and insert "all areas or in one or more specified areas"
Page 53, line 22, at end insert—
"(3A)      An order under sub-paragraph (3) may—
(a)  appoint a body as approving body for specified purposes only;
(b)  appoint different bodies as approving body for different purposes."
Page 53, line 27, after "sub-paragraph" insert "(3A) or"
Page 61, line 15, at end insert—
"(3)      The first sets of regulations may not be made unless a draft has been laid before and approved by resolution of—
(a)  each House of Parliament, in the case of the first regulations made by the Secretary of State, and
(b)  the National Assembly for Wales, in the case of the first regulations made by the Welsh Ministers."
 

Schedule 4

 

LORD DAVIES OF OLDHAM

Page 75, line 6, after "regulations" insert ", rules"
Page 75, line 9, leave out "regulations or an order" and insert "an instrument"
Page 75, line 12, leave out "regulations or an order" and insert "an instrument"
Page 75, line 16, leave out "2(2C)," and insert "2(2) or (2C),"
Page 75, line 18, at end insert—
"(da)  section 3(1) or (3),
(db)  section 4(9),
(dc)  section 11(1),"
Page 75, line 19, at end insert—
"(ea)  section 19(5),"
Page 75, line 20, at end insert—
"(fa)  section 20(1),"
Page 75, line 21, at end insert—
"(ga)  section 21(1),"
Page 75, line 36, at end insert—
"(8)      The first sets of regulations under section 2E or 19A may not be made unless a draft has been laid before and approved by resolution of—
(a)  each House of Parliament, in the case of the first regulations made by the Secretary of State under either section, and
(b)  the National Assembly for Wales, in the case of the first regulations made by the Welsh Ministers under either section.""
 

Clause 38

 

LORD TAYLOR OF HOLBEACH

 

EARL CATHCART

 The above-named Lords give notice of their intention to oppose the Question that Clause 38 stand part of the Bill.
 

Clause 43

 

LORD DAVIES OF OLDHAM

Page 29, line 24, after "Undertakers" insert "and the Water Services Regulation Authority"
 

Clause 47

 

LORD DAVIES OF OLDHAM

Page 32, line 7, at end insert—
  ", and
(c)  a Bill for consolidating the enactments amended by the order (with or without other enactments) has been presented to either House of Parliament."

 
 
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12 March 2010