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Flood and Water Management Bill


REVISED
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]

Amendment
No.

 

Clause 3

 

LORD CAMERON OF DILLINGTON

1Page 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

2Page 3, line 8, at end insert—
  "but they do not form an exclusive list."
 

Clause 4

 

LORD DAVIES OF OLDHAM

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

LORD TAYLOR OF HOLBEACH

 

EARL CATHCART

4Page 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

5Page 3, line 34, after "function" insert ", under an enactment,"
 

LORD TAYLOR OF HOLBEACH

 

EARL CATHCART

6Page 3, line 35, at end insert—
"(   )  An order under subsection (2)(c) 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

7Page 4, line 1, at end insert "permanently or intermittently"
 

LORD CAMPBELL-SAVOURS

8Page 4, line 37, at end insert ", and
(   )  the fire and rescue authorities"
 

LORD TAYLOR OF HOLBEACH

 

EARL CATHCART

9Page 4, line 37, at end insert ", and
(   )  Natural England"
 

LORD CAMPBELL-SAVOURS

10Page 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

11Page 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

12Page 5, line 23, after "are" insert "expected"
13Page 5, line 24, after "measures," insert "how they are to be assessed and the schemes prioritised,"
14Page 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

15Page 5, line 35, at end insert—
"(   )  the fire and rescue authorities,"
 

LORD TAYLOR OF HOLBEACH

 

EARL CATHCART

16Page 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

17Page 5, line 36, at end insert—
"(   )  Parliament,"
 

LORD CAMPBELL-SAVOURS

18Page 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

19Page 5, line 41, leave out "a summary" and insert "the strategy and a summary"
 

LORD DAVIES OF OLDHAM

20Page 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

21Page 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

22Page 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

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

38A*Page 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

43A*Insert 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."

 
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17 March 2010