Clause 6 - Existing impounding works: works notices
Water Bill [Lords]
2:30 pm
Mr Elliot Morley (Minister of State (Environment and Agri-Environment), Department for Environment, Food and Rural Affairs; Scunthorpe, Labour)
Amendment No. 7 would remove the definition of a works notice for the purposes of the clause. It would broaden the scope of the agency to include whatever it wanted in such a measure. I do not know whether the intention is to limit the agency's powers to use works notices, but it would not achieve that. The subsection limits what a works notice can include, and although, of course, I do not expect the agency to misuse the power in any way, the definition will provide some protection to the owners or operators of those works. There are no current powers to serve works notices on impounding works that are causing problems. This provision provides the ability to do that.
On amendment No. 8, I refer the hon. Gentleman to page 36 of the Bill, lines 33 to 35. They do precisely what I think he intends by his amendments. The relevant provisions are incorporated into the works notices provisions by subsection (3). I hope that that gives him the answer that he was looking for.