Session 2009-10
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Flood and Water Management Bill [HL]



MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE

The amendments have been marshalled in accordance with the Instruction of 4th March 2010, as follows—

Clauses 1 to 30
Schedule 1
Clause 31
Schedule 2
Clause 32
Schedule 3
Clause 33
Schedule 4
Clause 34
Schedule 5
Clauses 35 to 49

[Amendments marked * are new or have been altered]

Clause 3

LORD CAMERON OF DILLINGTON

1

Page 3, line 8, at end insert—

“( ) entering into voluntary financial arrangements with landowners to keep specified fields ready to receive and hold back water in time of flood and to pay additional compensation for crop loss and soil damage when such flooding occurs”

LORD GREAVES

LORD TOPE

2*

Page 3, line 8, at end insert—

“but they do not form an exclusive list.”

Clause 4

LORD DAVIES OF OLDHAM

3

Page 3, line 20, after “function” insert “, under an enactment,”

LORD TAYLOR OF HOLBEACH

EARL CATHCART

4

Page 3, line 21, at end insert—

“( ) An order under subsection (2)(f) may not be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.”

Clause 5

LORD DAVIES OF OLDHAM

5

Page 3, line 34, after “function” insert “, under an enactment,”

LORD TAYLOR OF HOLBEACH

EARL CATHCART

6

Page 3, line 35, at end insert—

“( ) An order under subsection (2)(f) may not be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.”

Clause 6

LORD GREAVES

LORD TOPE

7*

Page 4, line 1, at end insert “permanently or intermittently”

LORD CAMPBELL-SAVOURS

8

Page 4, line 37, at end insert “, and

( ) the fire and rescue authorities”

LORD TAYLOR OF HOLBEACH

EARL CATHCART

9

Page 4, line 37, at end insert—

( ) Natural England”

LORD CAMPBELL-SAVOURS

10

Page 5, line 9, at end insert “, and

( ) a fire and rescue authority that exercises functions in relation to an area in Wales”

LORD ADDINGTON

LORD GREAVES

11

Page 5, line 11, at end insert—

“( ) “Social tariff” means a charging scheme designed to reduce charges for either individuals or community groups under sections 43 and 44 of this Act.”

Clause 7

LORD GREAVES

LORD TOPE

12*

Page 5, line 23, after “are” insert “expected”

13*

Page 5, line 24, after “measures” insert “how they are to be assessed and the schemes prioritised,”

14*

Page 5, line 27, at end insert—

“( ) the means by which the strategy will ensure that flood risk management within catchment areas takes place on a co-ordinated basis,”

LORD CAMPBELL-SAVOURS

15

Page 5, line 35, at end insert—

“( ) the fire and rescue authorities,”

LORD TAYLOR OF HOLBEACH

EARL CATHCART

16

Page 5, line 36, at end insert—

“( ) bodies representing the owners and occupiers of land likely, in the opinion of the Agency, to be directly affected by flood and coastal erosion,”

LORD GREAVES

LORD TOPE

17*

Page 5, line 36, at end insert—

“( ) Parliament,”

LORD CAMPBELL-SAVOURS

18

Page 5, line 40, at end insert “, and

( ) a fire and rescue authority that exercises functions in relation to an area in England”

LORD GREAVES

LORD TOPE

19*

Page 5, line 41, leave out “a summary” and insert “the strategy and a summary”

LORD DAVIES OF OLDHAM

20

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).”

LORD TAYLOR OF HOLBEACH

EARL CATHCART

21

Page 6, line 11, at end insert—

“( ) Any strategy or guidance laid before Parliament under this section is subject to annulment in pursuance of a resolution of either House of Parliament.”

Clause 8

LORD DAVIES OF OLDHAM

22

Page 6, line 39, at end insert—

“( ) 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).”

Clause 9

LORD DIXON-SMITH

EARL CATHCART

23*

Page 7, line 8, at end insert—

“( ) the breach or over-topping of a sea-wall”

LORD GREAVES

LORD TOPE

24*

Page 7, line 20, leave out “expected”

25*

Page 7, line 23, at end insert—

“( ) the means by which the strategy will, where necessary, ensure that flood risk management within catchment areas takes place on a co-ordinated basis,”

LORD CAMERON OF DILLINGTON

26

Page 7, line 26, at end insert “, and

( ) how the strategy may affect any downstream authorities”

LORD TAYLOR OF HOLBEACH

EARL CATHCART

27

Page 7, line 27, leave out “be consistent with” and insert “have regard to”

28

Page 7, line 33, at end insert “, and

( ) water companies”

29

Page 7, line 33, at end insert “, and

( ) the relevant sewerage undertaker(s)”

30

Page 7, line 33, at end insert “, and

( ) bodies representing the owners and occupiers of land likely, in the opinion of the lead local flood authority, to be directly affected by flood and coastal erosion”

31

Page 7, line 33, at end insert “, and

( ) bodies representing the owners and occupiers of land likely, in the opinion of the Agency, to be directly affected by flood and coastal erosion”

Clause 10

LORD CAMERON OF DILLINGTON

32

Page 8, line 26, at end insert “, and

( ) how the strategy may affect any downstream authorities”

LORD TAYLOR OF HOLBEACH

EARL CATHCART

33

Page 8, line 27, leave out “be consistent with” and insert “have regard to”

34

Page 8, line 33, at end insert “, and

( ) water companies”

35

Page 8, line 33, at end insert “, and

( ) the relevant sewerage undertaker(s)”

36

Page 8, line 33, at end insert “, and

( ) bodies representing the owners and occupiers of land likely, in the opinion of the lead local flood authority, to be directly affected by flood and coastal erosion”

37

Page 8, line 33, at end insert “, and

( ) bodies representing the owners and occupiers of land likely, in the opinion of the Agency, to be directly affected by flood and coastal erosion”

Clause 11

LORD TAYLOR OF HOLBEACH

EARL CATHCART

38

Page 9, line 4, leave out “is consistent with” and insert “has regard to”

39

Page 9, line 21, leave out “is consistent with” and insert “has regard to”

Clause 12

LORD TAYLOR OF HOLBEACH

EARL CATHCART

40

Page 9, line 43, leave out “is consistent with” and insert “has regard to”

Clause 13

LORD DIXON-SMITH

EARL CATHCART

41*

Page 11, line 2, leave out “A coast protection authority” and insert “An authority with responsibility for flooding resulting from the breaching or over-topping of sea-walls”

After Clause 13

LORD CAMPBELL-SAVOURS

42

Insert the following new Clause—

“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 13

LORD GREAVES

LORD TOPE

[As an amendment to Amendment 42]

43*

Line 24, at end insert—

“( ) In making the provision required by subsection (1), a fire and rescue authority may—

(a) make arrangements with other specialist bodies such as mountain rescue and sea rescue services, and

(b) reimburse such specialist bodies either as part of such arrangements or on an ad hoc basis.”

Clause 14

LORD TAYLOR OF HOLBEACH

EARL CATHCART

44

Page 11, line 22, leave out “information in connection with” and insert “such information as is reasonably necessary to perform”

Clause 15

LORD TAYLOR OF HOLBEACH

EARL CATHCART

45

Page 12, line 19, at end insert—

“( ) Any regulations under subsection (8) may not be made unless a draft of the regulations has been laid before and approved by a resolution of each House of Parliament.”

LORD DAVIES OF OLDHAM

46

Page 12, line 21, at end insert “to reflect a change in the value of money”

LORD TAYLOR OF HOLBEACH

EARL CATHCART

47

Page 12, line 21, at end insert—

“( ) An order under subsection (9) may not be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.”

LORD DAVIES OF OLDHAM

48

Page 12, line 35, at end insert—

“( ) 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.”

Clause 17

LORD DIXON-SMITH

EARL CATHCART

49*

Page 13, line 10, leave out “appropriate Regional Flood and Coastal Committee” and insert “Regional Assembly or Regional Development Agency where appropriate”

Clause 18

LORD GREAVES

LORD TOPE

50*

Page 13, line 20, at end insert “, and

(c) the form in which a report must be published.”

LORD TAYLOR OF HOLBEACH

EARL CATHCART

51

Page 13, line 20, at end insert—

“( ) A report under this section must be laid before and approved by a resolution of each House of Parliament.”

After Clause 18

LORD TAYLOR OF HOLBEACH

EARL CATHCART

52

Insert the following new Clause—

“Monthly recovery reports

(1) Following a major flooding event, the Secretary of State must publish monthly reports summarising the progress of the recovery phase until the recovery process is considered complete.

(2) The reports must specify—

(a) the number of households displaced from all or part of their homes, and

(b) the estimated date for the completion of the recovery process.

(3) The Minister must consult other relevant bodies before making his reports.”

Clause 19

LORD GREAVES

LORD TOPE

The above-named Lords give notice of their intention to oppose the Question that Clause 19 stand part of the Bill.

Clause 22

LORD CAMERON OF DILLINGTON

53

Page 15, line 1, after “a” insert “catchment based”

LORD GREAVES

LORD TOPE

54*

Page 15, line 4, at end insert—

“( ) Where a catchment area boundary does not coincide with the boundary of a Regional Flood and Coastal Committee, the Regional Flood and Coastal Committees that include any part of that catchment area shall establish arrangements to ensure that flood risk management within that catchment area takes place on a co-ordinated basis.”

LORD DIXON-SMITH

EARL CATHCART

The above-named Lords give notice of their intention to oppose the Question that Clause 22 stand part of the Bill.

Clause 23

LORD DIXON-SMITH

EARL CATHCART

55*

Page 15, line 24, leave out “appropriate Regional Flood and Coastal Committee” and insert “Regional Assembly or Regional Development Agency where appropriate”

Clause 24

LORD CAMERON OF DILLINGTON

56

Page 15, line 37, at end insert—

“( ) The regulations in subsection (1) must provide that—

(a) an overall majority of the members of the committee are members of the relevant local authorities, and

(b) the committee includes representatives from the internal drainage board and appropriate farming and landowning organisations.”

Clause 27

LORD TAYLOR OF HOLBEACH

EARL CATHCART

57

Page 16, line 16, after “must” insert “, within one month of the day on which this section comes into force,”

LORD REDESDALE

58*

Page 16, line 19, at end insert—

“( ) When issuing guidance under subsection (2) the Minister must consult the Water Services Regulation Authority (Ofwat), paying particular regard to the interests of present and future consumers.”

Clause 29

LORD TAYLOR OF HOLBEACH

EARL CATHCART

59

Page 17, line 40, leave out “or another enactment”

LORD GREAVES

LORD TOPE

The above-named Lords give notice of their intention to oppose the Question that Clause 29 stand part of the Bill.

Schedule 1

LORD TAYLOR OF HOLBEACH

EARL CATHCART

60

Page 36, line 7, leave out “affects” and insert “is likely to have a material effect on”

61

Page 36, line 15, at end insert—

“( ) Condition 5 is that a designating authority may only designate infrastructure if this does not compromise the infrastructure’s primary purpose.”

LORD GREAVES

LORD TOPE

62*

Page 36, line 15, at end insert—

“( ) Condition 5 is that a management statement is made which sets out the things that can be done as part of the normal use and maintenance of the structure or feature without requiring consent under paragraph 6.”

LORD CAMERON OF DILLINGTON

63

Page 36, line 37, at end insert “, and that risk outweighs the social, economic or environmental gain implicit in the granting of consent”

64

Page 37, line 6, at end insert “and

( ) after consultation with the owner, what normal management measures are permitted”

LORD GREAVES

LORD TOPE

65*

Page 37, line 26, at end insert—

“( ) specify the things that can be done as part of the normal use and maintenance of the structure or feature without requiring consent under paragaph 6,”

LORD TAYLOR OF HOLBEACH

EARL CATHCART

66

Page 40, line 8, at end insert—

“( ) Any regulations under this paragraph may not be made unless a draft of the regulations has been laid before and approved by a resolution of each House of Parliament.”

LORD DAVIES OF OLDHAM

67

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.”

After Clause 32

LORD TAYLOR OF HOLBEACH

EARL CATHCART

68

Insert the following new Clause—

“Ownership and maintenance of sustainable urban drainage systems

The Secretary of State shall by regulations specify which body has to be responsible for—

(a) the ownership, and

(b) maintenance,

of sustainable urban drainage systems.”

Schedule 3

LORD TAYLOR OF HOLBEACH

EARL CATHCART

69

Page 52, line 17, at end insert—

“( ) increasing the efficiency of the use made of available water,”

LORD GREAVES

LORD TOPE

70*

Page 53, line 11, leave out “county council for the area” and insert “local planning authority as defined in section 1(1)(b) of the Town and Country Planning Act 1990”

LORD DAVIES OF OLDHAM

71

Page 53, line 21, leave out “a specified area” and insert “all areas or in one or more specified areas”

72

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.”

73

Page 53, line 27, after “sub-paragraph” insert “(3A) or”

LORD GREAVES

LORD TOPE

74*

Page 54, line 5, at end insert “or increase, decrease or divert the surface water leaving the site”

75*

Page 54, line 14, at end insert “including provisions for the application of de minimis rules”

76*

Page 54, line 24, leave out from “7” to end of line 25 and insert ”must be”

77*

Page 55, line 3, leave out sub-paragraph (3)

LORD TAYLOR OF HOLBEACH

EARL CATHCART

78

Page 58, line 26, at end insert—

“( ) The Minister must consult persons who in the Minister’s opinion represent interests likely to be affected by this paragraph and publish a report detailing how the adoption and maintenance of drainage systems is to be funded before the Schedule is commenced.”

LORD DAVIES OF OLDHAM

79

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.”

LORD GREAVES

LORD TOPE

[As an amendment to Amendment 79]

80*

Line 2, leave out “first sets of”

LORD TAYLOR OF HOLBEACH

EARL CATHCART

81

Page 61, line 15, at end insert—

“( ) Any regulations under this paragraph may not be made unless a draft of the regulations has been laid before and approved by a resolution of each House of Parliament.”

Clause 33

LORD TAYLOR OF HOLBEACH

EARL CATHCART

The above-named Lords give notice of their intention to oppose the Question that Clause 33 stand part of the Bill.

Schedule 4

LORD TAYLOR OF HOLBEACH

EARL CATHCART

82

Page 63, line 7, leave out “10,000” and insert “25,000”

DUKE OF MONTROSE

LORD TAYLOR OF HOLBEACH

83*

Page 63, leave out lines 22 and 23

LORD CAMERON OF DILLINGTON

84

Page 63, line 23, at end insert—

“( ) An order cannot be made under subsection (7) unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.”

LORD TAYLOR OF HOLBEACH

EARL CATHCART

85

Page 66, line 12, at end insert—

“( ) Any regulations under this section may not be made unless a draft of the regulations has been laid before and approved by a resolution of each House of Parliament.”

LORD CAMERON OF DILLINGTON

86

Page 66, line 37, at end insert—

“( ) An order cannot be made under subsection (6B) unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.”

87

Page 71, line 36, at end insert—

“( ) An order cannot be made under subsection (4) unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.”

LORD TAYLOR OF HOLBEACH

EARL CATHCART

88

Page 72, line 35, at end insert—

“( ) Any regulations under this section may not be made unless a draft of the regulations has been laid before and approved by a resolution of each House of Parliament.”

LORD DAVIES OF OLDHAM

89

Page 75, line 6, after “regulations” insert “, rules”

90

Page 75, line 9, leave out “regulations or an order” and insert “an instrument”

91

Page 75, line 12, leave out “regulations or an order” and insert “an instrument”

92

Page 75, line 16, leave out “2(2C),” and insert “2(2) or (2C),”

93

Page 75, line 18, at end insert—

“(da) section 3(1) or (3),

(db) section 4(9),

(dc) section 11(1),”

94

Page 75, line 19, at end insert—

“(ea) section 19(5),”

95

Page 75, line 20, at end insert—

“(fa) section 20(1),”

96

Page 75, line 21, at end insert—

“(ga) section 21(1),”

97

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.””

LORD TAYLOR OF HOLBEACH

EARL CATHCART

The above-named Lords give notice of their intention to oppose the Question that Schedule 4 be the Fourth Schedule to the Bill.

Clause 35

LORD TAYLOR OF HOLBEACH

EARL CATHCART

98

Page 18, line 32, at end insert—

“(1A) This section shall only apply to the provision of infrastructure which (in the opinion of the Minister) may pose a significant risk to the undertaker’s ability to carry out its duties.

(1B) In exercising an assessment of risk as set out in subsection (1A), the Minister must have regard to—

(a) the financial commitment of the infrastructure provision compared with the turnover of an undertaker, and

(b) the technical complexity of the provision of infrastructure.”

99

Page 19, leave out lines 35 to 37 and insert—

“(4) The regulations must allow water and sewerage undertakers, and companies associated with a water undertaker or a sewerage undertaker (as defined by regulations), either alone or jointly with others to bid in a tender process.”

Clause 36

LORD TAYLOR OF HOLBEACH

EARL CATHCART

The above-named Lords give notice of their intention to oppose the Question that Clause 36 stand part of the Bill.

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.

After Clause 40

LORD TAYLOR OF HOLBEACH

EARL CATHCART

100

Insert the following new Clause—

“Resilience of critical infrastructure

(1) The Secretary of State may by order require utility companies to report on their critical infrastructure and their ability to withstand future floods.

(2) The Secretary of State must lay before Parliament a copy of each report received under subsection (1).”

Clause 42

LORD TAYLOR OF HOLBEACH

EARL CATHCART

101

Page 27, line 39, leave out from “constructed” to end of line 5 on page 28 and insert—

“(b) provisions for preventing the public sewerage system from being overloaded,

(c) provisions for preventing discharges from the public sewerage system from being in breach of—

(i) the rights of landowners and riparian owners, and (ii) any statutory restrictions and consents,

(d) provision about adoption of the drain or sewer by the sewerage undertaker,

(e) requirement for such security as the undertaker may reasonably require for the discharge of all obligations under the agreement.

(4) For the purposes of subsection (3)(b) and (c) provision must include—

(a) reinforcement of the public sewerage system, and

(b) connection points between the drain or sewer with the public sewerage system.”

After Clause 42

LORD TAYLOR OF HOLBEACH

EARL CATHCART

102

Insert the following new Clause—

“Pilot schemes for adoption of private drains

The Environment Agency must establish a pilot scheme with the aim of—

(a) auditing all private drains and sewers;

(b) assessing their condition;

(c) estimating the likely cost of adopting all private drains and sewers in 2011; and

(d) estimating the likely cost on customers’ bills.”

103

Insert the following new Clause—

“Conditions for connection to waste water pipes for major new developments

There shall be no connection to waste water pipes or drains granted until—

(a) water companies have been consulted on the capacity of the existing system to manage the extra demands from the new properties;

(b) water companies have conducted a detailed assessment of the likely extra demand and the capacity of the existing system to handle it;

(c) financial responsibility for building the extra infrastructure has been apportioned, and

(d) formal planning permission has been given.”

Clause 43

LORD ADDINGTON

LORD GREAVES

104

Page 29, line 4, at end insert—

“(1A) Subsection (1) includes schemes which have the effect of subsidisation by other organisations and businesses.

(1B) The Water Services Regulation Authority’s powers in connection with the approval of schemes and its other powers under the 1991 Act are subject to subsections (1) and (1A).”

LORD DAVIES OF OLDHAM

105

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

LORD ADDINGTON

LORD GREAVES

106

Page 29, line 24, after “Undertakers” insert “and the Authority”

After Clause 45

LORD GREAVES

LORD TOPE

107*

Insert the following new Clause—

“Insurance

(1) The Minister shall make regulations about the calculation of premiums and charges in relation to risks from flooding to ensure that—

(a) flood prevention measures are taken into account, and

(b) such premiums and charges are based on the principles of equity and shared risk.

(2) “The Minister” means—

(a) in the case of an undertaker whose areas are wholly or mainly in England, the Secretary of State, and

(b) in the case of an undertaker whose areas are wholly or mainly in Wales, the Welsh Ministers.”

Clause 47

LORD TAYLOR OF HOLBEACH

EARL CATHCART

108

Page 32, leave out lines 6 to 10 and insert—

(b) a Bill for repealing and re-enacting—

(i) the enactments modified by the order, or (ii) enactments relating to matters connected with the matters to which enactments modified by the order relate, has been presented to either House of Parliament.

( ) An order under this section is not to come into force until immediately before the commencement of the Act resulting from that Bill.

LORD DAVIES OF OLDHAM

109

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.”


©Parliamentary copyright
Prepared 8:59 on 16th March 2010