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



THIRD
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 35 to 49

[Amendments marked * are new or have been altered]

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—

“( ) 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—

“( ) 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

( ) a Bill for consolidating the enactments amended by the order (with or without other enactments) has been presented to either House of Parliament.”

Clause 49

LORD DAVIES OF OLDHAM

110

Page 33, line 10, after “43” insert “to 45”

111

Page 33, line 14, after “43” insert “to 45”


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Prepared 1st April 2010