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Flood and Water Management Bill


SECOND
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 9 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]

Amendment
No.

 

Clause 9

 

LORD DIXON-SMITH

 

EARL CATHCART

23Page 7, line 8, at end insert—
"(   )  the breach or over-topping of a sea-wall"
 

LORD GREAVES

 

LORD TOPE

24Page 7, line 20, leave out "expected"
25Page 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

26Page 7, line 26, at end insert ", and
(   )  how the strategy may affect any downstream authorities"
 

LORD TAYLOR OF HOLBEACH

 

EARL CATHCART

27Page 7, line 27, leave out "be consistent with" and insert "have regard to"
28Page 7, line 33, at end insert ", and
(   )  water companies"
29Page 7, line 33, at end insert ", and
(   )  the relevant sewerage undertaker(s)"
30Page 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"
31Page 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

32Page 8, line 26, at end insert ", and
(   )  how the strategy may affect any downstream authorities"
 

LORD TAYLOR OF HOLBEACH

 

EARL CATHCART

33Page 8, line 27, leave out "be consistent with" and insert "have regard to"
34Page 8, line 33, at end insert ", and
(   )  water companies"
35Page 8, line 33, at end insert ", and
(   )  the relevant sewerage undertaker(s)"
36Page 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"
37Page 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

38Page 9, line 4, leave out "is consistent with" and insert "has regard to"
 

LORD CAMPBELL-SAVOURS

38APage 9, line 6, leave out paragraph (b)
 

LORD TAYLOR OF HOLBEACH

 

EARL CATHCART

39Page 9, line 21, leave out "is consistent with" and insert "has regard to"
 

Clause 12

 

LORD TAYLOR OF HOLBEACH

 

EARL CATHCART

40Page 9, line 43, leave out "is consistent with" and insert "has regard to"
 

Clause 13

 

LORD DIXON-SMITH

 

EARL CATHCART

41Page 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

42Insert 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,
24
(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)."
 

LORD GREAVES

 

LORD TOPE

 

[As an amendment to Amendment 42]

43Line 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."
 

LORD CAMPBELL-SAVOURS

43AInsert the following new Clause—
  "Role of fire and rescue authorities during major flooding
(1)  The Secretary of State may by order made by statutory instrument require fire and rescue authorities to make provision for the purpose of rescuing people and protecting them from serious harm in the event of major flooding in its area.
(2)  Any order made under subsection (1) shall specify that 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)  Any order made under subsection (1) shall specify that 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).
(5)  A statutory instrument which contains an order made under subsection (1) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament."
 

Clause 14

 

LORD TAYLOR OF HOLBEACH

 

EARL CATHCART

44Page 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

45Page 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

46Page 12, line 21, at end insert "to reflect a change in the value of money"
 

LORD TAYLOR OF HOLBEACH

 

EARL CATHCART

47Page 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

48Page 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

49[Withdrawn]
 

Clause 18

 

BARONESS KNIGHT OF COLLINGTREE

49APage 13, line 17, at end insert—
"(   )  The Minister must, as soon as practicable after he has received the report under subsection (1), publish it."
 

LORD GREAVES

 

LORD TOPE

50Page 13, line 20, at end insert ", and
(   )  the form in which a report must be published"
 

LORD TAYLOR OF HOLBEACH

 

EARL CATHCART

51Page 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."

 
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23 March 2010