Water Bill – in the House of Commons at 8:45 pm on 6 January 2014.
Amendments made: 60, page 172, line 14, at end insert—
‘Water Act 1989 (c. 15)
(1) Section 174 of the Water Act 1989 (general restrictions on disclosure of information) is amended as follows.
(2) In subsection (2)(b)—
(a) for “company” there is substituted “person”;
(b) for “on it” there is substituted “on the undertaker or, as the case may be, the person”.
(3) In subsection (6)(a)—
(a) for “company” there is substituted “person”;
(b) for “its licence” there is substituted “the person’s licence”.’.
Amendment 29, page 173, line 14, after ‘40F,’, insert ‘63AC to 63AF,’.
Amendment 30, page 173, line 16, after ‘110G,’, insert ‘110L to 110O,’.
Amendment 31, page 189, line 16, after ‘manner’, insert ‘and with such frequency’.
Amendment 32, page 189, line 22, at end insert—
‘(1B) The Authority may direct that the requirement in subsection (1A) is not to apply to such water supply licensees as may be specified in the direction.”’.
Amendment 33, page 189, line 23, leave out from ‘subsection (2),’ to end of line 24 and insert
‘for “any such direction” there is substituted “a direction under subsection (1) or (1A)”.’.
Amendment 34, page 189, line 24, at end insert—
‘(4A) In subsection (2B), for “section 17B(5)” there is substituted “section 17B”.’.
Amendment 35, page 192, line 12, at end insert—
‘(2A) In subsection (1), in the opening words, after “above” there is inserted “or section 63AC(2)”.’.
Amendment 36, page 195, line 18, at end insert—
‘80A In section 95B (publication of statistical information about complaints)—
(a) in subsection (1), after “undertakers” there is inserted “or sewerage licensees”;
(b) in subsection (2), after “undertakers” there is inserted “or sewerage licensees”.’.
Amendment 37, page 195, line 18, at end insert—
80B (1) Section 96A (information to be given to customers about overall performance) is amended as follows.
(2) In subsection (1), after “customers” there is inserted “, and, if the direction so specifies, sewerage licensees using the undertaker’s sewerage system for the purpose of providing sewerage services to the premises of customers,”.
(3) After subsection (1) there is inserted—
(1A) Each sewerage licensee must, in such form and manner and with such frequency as the Authority may direct, take steps to inform the licensee’s customers of—
(a) the standards of overall performance established under section 95ZA(1) which are applicable to that licensee;
(b) that licensee’s level of performance as regards those standards.
(1B) The Authority may direct that the requirement in subsection (1A) is not to apply to such sewerage licensees as may be specified in the direction.”
(4) In subsection (2), for “any such direction” there is substituted “a direction under subsection (1) or (1A)”.
(5) After subsection (2) there is inserted—
(2A) The sewerage licensees referred to in subsection (1) shall, if the Authority so directs, pass on the information about the matters mentioned in that subsection to their customers.
(2B) In subsection (1), the reference to the sewerage undertaker’s sewerage system is to be construed in accordance with section 17BA(7).”
(6) In subsection (3), after “undertaker” there is inserted “or sewerage licensee”.’.
Amendment 38, page 195, line 26, at end insert—
‘83A In section 102 (adoption of sewers and disposal works), in subsection (4) (sewerage undertaker to give notice of proposal), after “under this section” there is inserted—
“(za) shall give notice of its proposal to any sewerage licensee which uses, or removes matter from, the undertaker’s sewerage system in accordance with a retail, wholesale or disposal authorisation;”.’.
Amendment 39, page 195, line 34, at end insert—
‘85A In section 105C (adoption schemes: supplementary), in subsection (2), after paragraph (a) insert—
“(aa) any sewerage licensee which uses, or removes matter from, the sewerage system of any such sewerage undertaker in accordance with a retail, wholesale or disposal authorisation;”.’.
Amendment 40, page 196, line 8, at end insert—
‘87A In section 113 (power to alter drainage system of premises in an area), in subsection (3), for the words from “notice of its proposals to” to the end of the subsection substitute “—
(a) the owner of the premises in question, and
(b) any sewerage licensee providing sewerage services to those premises.”’.
Amendment 41, page 196, line 8, at end insert—
‘87B In section 117 (interpretation of Chapter 2), in subsection (5)(a), after “the Water Resources Act 1991” there is inserted “or the Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675)”.’.
Amendment 42, page 196, leave out lines 9 and 10 and insert—
88 (1) Section 146 (connection charges etc) is amended as follows.
(2) After subsection (3) there is inserted—’.
Amendment 43, page 196, line 16, at end insert—
‘(3) In subsection (4)—
(a) after “sewerage undertaker” there is inserted “or a sewerage licensee”;
(b) after “to the undertaker” there is inserted “or the licensee (as the case may be)”.
(4) In subsection (5), after “certain charges” there is inserted “by relevant undertakers”.’.
Amendment 44, page 196, line 16, at end insert—
‘88A In section 147 (charging for use of emergency water), in subsection (1), after “undertaker” there is inserted “or water supply licensee”.’.
Amendment 45, page 196, line 16, at end insert—
‘88B In section 150 (fixing maximum charges for services provided with the help of undertakers’ services), for subsection (1A) there is substituted—
(1A) This section does not apply to—
(a) water supplies provided by a water supply licensee, or
(b) sewerage services provided by a sewerage licensee,
to premises of customers in accordance with Chapter 1A of Part 2.”’.
Amendment 46, page 196, line 16, at end insert—
‘88C In section 152 (grants for national security purposes), in subsection (1), for “and licensed water suppliers” there is substituted “, water supply licensees and sewerage licensees”.’.
Amendment 61, page 196, line 16, at end insert—
‘In section 148 (restriction on charging for metering works), in subsection (2)(cc), after “section 66D” there is inserted “or 117E”.’.
Amendment 62, page 197, line 7, at end insert—
1 (1) Section 16 2 (works in connection with metering) is amended as follows.
(2) In subsection (1A)—
(a) in paragraph (d), for “licensed water supplier” there is substituted “water supply licensee”;
(b) after paragraph (d) there is inserted “, or
(e) a sewerage licensee provides sewerage services in respect of those premises using the undertaker’s sewerage system.”
(3) In subsection (1B), for “section 17B(5)” there is substituted “section 17B”.
(4) After subsection (1B) there is inserted—
(1C) In subsection (1A)(e) above, the reference to the sewerage system of a sewerage undertaker shall be construed in accordance with section 17BA.”’.
Amendment 63, page 197, line 7, at end insert—
‘In section 163 (power to fit stopcocks), in subsection (1), for “a licensed water supplier” there is substituted “a water supply licensee”.’.
Amendment 64, page 197, line 16, at end insert—
1 (1) Section 174 (offences of interferences with works etc) is amended as follows.
(2) In subsection (1A)(a)—
(a) in sub-paragraph (i)—
(i) for “any licensed water supplier” there is substituted “any water supply licensee”;
(ii) for “any such supplier” there is substituted “any such licensee”;
(b) in sub-paragraph (ii)—
(i) for “the supplier” there is substituted “the licensee”;
(ii) for “its licence” there is substituted “the licensee’s licence”.
(3) In subsection (2)(b), for “licensed water supplier” there is substituted “water supply licensee”.
(4) In subsection (2A)—
(a) in paragraph (b), in the opening words, for “a licensed water supplier” there is substituted “a water supply licensee”;
(b) in paragraph (b)(i), for “the supplier” there is substituted “the licensee”;
(c) in paragraph (b)(ii), for “the supplier”, in both places, there is substituted “the licensee”;
(d) in the words following paragraph (b), for “section 17B(5)” there is substituted “section 17B”.
(5) In subsection (3A)—
(a) in the opening words, for “the licensed water supplier” there is substituted “the water supply licensee”;
(b) in paragraph (a)(i), for “a licensed water supplier” there is substituted “a water supply licensee”;
(c) in paragraph (a)(ii)—
(i) for “the supplier” there is substituted “the licensee”;
(ii) for “its licence” there is substituted “the licensee’s licence”;
(d) in paragraph (b), for “a supplier”, in both places, there is substituted “licensee”.
(6) In subsection (5A)—
(a) in paragraph (a), for “a licensed water supplier” there is substituted “a water supply licensee”;
(b) in paragraph (b)—
(i) for “the supplier” there is substituted “the licensee”;
(ii) for “its licence” there is substituted “the licensee’s licence”;
(7) In subsection (8A)(b)—
(a) for “a licensed water supplier” there is substituted “a water supply licensee”;
(b) for “the supplier” there is substituted “the licensee”.’.
Amendment 47, page 197, line 31, at end insert—
92A (1) Section 195 (the Authority’s register) is amended as follows.
(2) In subsection (2)—
(a) in paragraph (bc), for “66D(1)” there is substituted “66CA(1)”;
(b) in paragraph (g), for “or 66H above” there is substituted “, 66H, 117N or 117O”.
(3) In subsection (3AA), for “licensed water supplier” there is substituted “water supply licensee”.
(4) Subsection (3A) is repealed.’.
Amendment 48, page 197, line 31, at end insert—
92B (1) Section 195A (reasons for decisions) is amended as follows.
(2) In subsection (1)(f), for “66D(1)” there is substituted “66CA(1)”.
(3) In subsection (3), after “appointment or” there is inserted “the person holding the”.’.
Amendment 49, page 197, line 31, at end insert—
92C (1) Section 201 (publication of certain information and advice) is amended as follows.
(2) In subsection (1)(b), for “company” there is substituted “person”.
(3) In subsection (2), after “Part II of this Act or” there is inserted “a person holding”.’.
Amendment 50, page 197, line 31, at end insert—
92D (1) Section 202 (duties of undertakers to furnish the Secretary of State with information) is amended as follows.
(2) In subsection (1A), for “company”, in both places, there is substituted “person”.
(3) In subsection (3), for “company”, in each place, there is substituted “person”.
(4) In subsection (4)(c)—
(a) after “particular company” there is inserted “or person”;
(b) after “to companies” there is inserted “or persons”;
(c) for “description or” there is substituted “description,”;
(d) after “Part II of this Act or” there is inserted “to all the persons holding”.
(5) In subsection (5), for “or licensed water supplier” there is substituted “, water supply licensee or sewerage licensee”.’.
Amendment 52, page 197, line 31, at end insert—
92F (1) In section 205 (exchange of metering information between undertakers), in subsection (4)—
(a) the “and” at the end of paragraph (a) is repealed;
(b) in paragraph (b), for “licensed water supplier” there is substituted “water supply licensee”;
(c) after paragraph (b), there is inserted—
“(c) any sewerage licensee.”’.
Amendment 53, page 197, line 31, at end insert—
92G (1) Section 206 (restriction on disclosure of information) is amended as follows.
(1) In subsection (3)(b), for “a licensed water supplier of any of the duties imposed on it” there is substituted “a water supply licensee or sewerage licensee of any of the duties imposed on the licensee”.
(2) In subsection (5)(a), for “a licensed water supplier of activities under its licence” there is substituted “a water supply licensee or sewerage licensee of activities under the licence held by the licensee”.’.
Amendment 65, page 197, line 31, at end insert—
1 (1) Section 203 (power to acquire information for enforcement purposes) is amended as follows.
(2) In subsection (1)—
(a) in paragraph (a)(ii), for “company” there is substituted “person”;
(b) in paragraph (b), in the opening words—
(i) for “company which” there is substituted “person who”;
(ii) for “the company” there is substituted “the person”.
(3) In subsection (7), after “such an appointment or” there is inserted “a person holding such a”.’.
Amendment 66, page 197, line 31, at end insert—
1 (1) Section 208 (directions in the interests of national security) is amended as follows.
(2) In subsection (1)—
(a) for “or licensed water supplier” there is substituted “, water supply licensee or sewerage licensee”;
(b) for “or supplier” there is substituted “or licensee”.
(3) In subsection (2)—
(a) for “or licensed water supplier” there is substituted “, water supply licensee or sewerage licensee”;
(b) for “or supplier” there is substituted “or licensee”;
(c) for “requiring it” there is substituted “requiring that undertaker or licensee”.
(4) In subsection (3)—
(a) for “or licensed water supplier”, in both places, there is substituted “, water supply licensee or sewerage licensee”;
(b) for “on it” there is substituted “on that undertaker or licensee”;
(c) for “to it” there is substituted “to that undertaker or licensee”.’.
Amendment 67, page 197, line 31, at end insert—
‘In section 211 (limitation on right to prosecute in respect of sewerage offences), in paragraph (b), after “undertaker;” there is inserted—
“(ba) a sewerage licensee;”.’.
Amendment 68, page 197, leave out lines 32 and 33 and insert—
1 (1) Section 213 (powers to make regulations) is amended as follows.
(2) In subsection (1)—
(a) the words “17D(8),” are repealed;
(b) after “36A” there is inserted “, 66M”.
(3) In subsection (2)(a), for “or sewerage undertaker or licensed water supplier” there is substituted “, sewerage undertaker, water supply licensee or sewerage licensee”.’.
Amendment 69, page 197, line 35, at end insert—
( ) in the definition of “customer or potential customer”, in paragraph (a), for “licensed water supplier” there is substituted “water supply licensee or sewerage licensee”;’.
Amendment 70, page 197, line 37, at end insert—
( ) in the definition of “sewerage services”, for “includes” there is substituted “—
(a) in the case of a sewerage undertaker, includes”;
( ) in that definition, after the paragraph (a) so formed there is inserted “or
(b) in the case of a sewerage licensee, means the services provided by that person in that person’s capacity as a sewerage licensee;”;’.
Amendment 71, page 198, line 3, at end insert—
‘( ) After subsection (10) there is inserted—
(11) Subsection (10) does not apply to references to the Chief Inspector of Drinking Water in sections 8, 17AA, 51CA, 51CB, 66DB, 66P and 86ZA.”’.
Amendment 72, page 198, line 3, at end insert—
‘In Schedule 1A (the Water Services Regulation Authority), in paragraph 9(3), for paragraph (f) (and the “and” following it) there is substituted—
(f) water supply licensees;
(fa) sewerage licensees; and”.’.
Amendment 73, page 198, line 3, at end insert—
‘1 (1) Schedule 2 (transitional provision on termination of appointments) is amended as follows.
(2) In paragraph 1—
(a) in sub-paragraph (3A)(a), for “a qualifying licensed water supplier” there is substituted “a qualifying water supply licensee or a qualifying sewerage licensee”;
(b) in sub-paragraph (3A)(b), for “carry on activities” there is substituted “carry on—
(i) activities”;
(c) in sub-paragraph (3A)(b), after the sub-paragraph (i) so formed there is inserted “; or
(i) activities relating to the removal or removals of matter mentioned in section 23(9) of this Act which were carried on by the transferor until that date (as the case may be).”;
(d) in sub-paragraph (4), in the definition of “other relevant companies”, for “to be holding” there is substituted “to be—
(a) holding”;
(e) in sub-paragraph (4), in that definition, after the paragraph (a) so formed there is inserted “or
(b) holding appointments as sewerage undertakers for any area in which, or in part of which, the activities relating to the removal or removals of matter mentioned in section 23(9) of this Act will be carried on by the transferee (as the case may be);”.
(3) In paragraph 2(7A)(b), for “licensed water supplier” there is substituted “water supply licensee or sewerage licensee”.’.
Amendment 74, page 198, line 3, at end insert—
‘In Schedule 8 (pre-1989 Act transitional authority for trade effluent discharges etc), after paragraph 2(3) there is inserted—
(3A) If a sewerage undertaker serves a notice under sub-paragraph (2) in relation to premises in respect of which a sewerage licensee provides sewerage services, the sewerage
undertaker must send a copy of the notice to the sewerage licensee.”’.
Amendment 75, page 198, line 3, at end insert—
‘Water Resources Act 1991 (c. 57)
The Water Resources Act 1991 is amended as follows.
(1) Section 203 (exchange of information with respect to pollution incidents etc) is amended as follows.
(2) In subsection (1A)—
(a) for “licensed water supplier” there is substituted “water supply licensee”;
(b) for “supplier” there is substituted “licensee”;
(c) for “its licence” there is substituted “the licensee’s licence”.
(3) In subsection (2A)—
(a) for “licensed water supplier” there is substituted “water supply licensee”;
(b) for “supplier” there is substituted “licensee”.
(4) In subsection (3)—
(a) for “licensed water supplier” there is substituted “water supply licensee”;
(b) for “supplier” there is substituted “licensee”.
(5) In subsection (4), for “licensed water supplier” there is substituted “water supply licensee”.
(6) In subsection (5)(b), for “licensed water supplier” there is substituted “water supply licensee”.
(7) In subsection (8)—
(a) for “licensed water supplier” there is substituted “water supply licensee”;
(b) for “a company” there is substituted “a person”.’.
Amendment 76, page 198, line 3, at end insert—
1 (1) Section 204 (restriction on disclosure of information) is amended as follows.
(2) In subsection (2)(b)—
(a) for “company” there is substituted “person”;
(b) for “on it” there is substituted “on the undertaker or, as the case may be, the person”.
(3) In subsection (4)(a)—
(a) for “a company” there is substituted “a person”;
(b) for “its licence” there is substituted “the person’s licence”.’.
Amendment 77, page 198, line 10, at end insert—
‘Enterprise Act 2002 (c. 40)
The Enterprise Act 2002 is amended as follows.
(1) Section 168 (regulated markets) is amended as follows.
(2) In subsection (3)(ff), after “section 66D” there is inserted “or 117E”.
(3) In subsection (4)(ff), after “section 66D”, in both places, there is inserted “or 117E”.’.
Amendment 78, page 198, line 10, at end insert—
‘In section 249 (special administration regime), in subsection (1)(aa)—
(a) for “licensed water supplier” there is substituted “water supply licensee”;
(b) after “administration order)” there is inserted “or a qualifying sewerage licensee within the meaning of subsection (8) of that section”.’.
Amendment 79, page 198, line 14, at end insert—
1 (1) Section 52 (co-operation between water regulators) is amended as follows.
(2) In subsection (3)—
(a) in paragraph (a), for “and licensed water suppliers” there is substituted “, water supply licensees and sewerage licensees”;
(b) in paragraph (b), for “licensed water suppliers” there is substituted “water supply licensees”;
(c) in paragraph (c), for “and licensed water suppliers” there is substituted “, water supply licensees and sewerage licensees”.
(3) After subsection (8) there is inserted—
“(9) In this section—
“sewerage licensee” means a person holding a sewerage licence under Chapter 1A of Part 2 of the Water Industry Act 1991;
“water supply licensee” means a person holding a water supply licence under Chapter 1A of Part 2 of the Water Industry Act 1991.”’.
Amendment 80, page 198, line 31, at end insert—
‘Government of Wales Act 2006 (c. 32)
In Schedule 7 to the Government of Wales Act 2006 (Acts of the Assembly), in paragraph 19 (water and flood defence), in the second exception, for “licensed water supplier” there is substituted “water supply licensee”.’.
Amendment 81, page 198, line 31, at end insert—
‘Consumers, Estate Agents and Redress Act 2007 (c. 17)
The Consumers, Estate Agents and Redress Act 2007 is amended as follows.
In section 4 (meaning of “designated consumers”), in subsection (3)—
(a) for “or a licensed water supplier” there is substituted “, a water supply licensee or a sewerage licensee”;
(b) for “its capacity” there is substituted “the undertaker’s or licensee’s capacity”.’.
Amendment 82, page 198, line 31, at end insert—
‘(1) Section 25 (enforcement by regulator of section 24 notice) is amended as follows.
(2) In subsection (2), for “its capacity” there is substituted “the person’s capacity”.
(3) In subsection (3), in the table, for “or licensed water supplier” there is substituted “, water supply licensee or sewerage licensee”.
(4) In subsection (7), for “or licensed water supplier” there is substituted “, water supply licensee or sewerage licensee”.’.
Amendment 83, page 198, line 31, at end insert—
In section 33 (supplementary provision about transfer and abolition orders), in subsection (10)—
(a) for “or a licensed water supplier” there is substituted “, a water supply licensee or a sewerage licensee”;
(b) for “its capacity” there is substituted “the undertaker’s or licensee’s capacity”.’.
Amendment 84, page 198, line 31, at end insert—
‘In section 41 (interpretation of Part 1), in subsection (1)—
(a) the definition of “licensed water supplier” is repealed;
(b) at the appropriate place there is inserted—
““sewerage licensee” means a person holding a sewerage licence under Chapter 1A of Part 2 of the Water Industry Act 1991;”;
““water supply licensee” means a person holding a water supply licence under Chapter 1A of Part 2 of the Water Industry Act 1991.”’.
Amendment 85, page 198, line 31, at end insert—
‘(1) Section 42 (interpretation of Part 2) is amended as follows.
(2) In subsection (1), in the table—
(a) in the first column, for “or licensed water supplier” there is substituted “, water supply licensee or sewerage licensee”;
(b) in the second column, for “or licensed water supplier in its capacity” there is substituted “, water supply licensee or sewerage licensee in the undertaker’s or licensee’s capacity”.
(3) In subsection (2)—
(a) the definition of “licensed water supplier” is repealed;
(b) at the appropriate place there is inserted—
““sewerage licensee” has the same meaning as in Part 1;”;
““water supply licensee” has the same meaning as in Part 1.”’.
Amendment 86, page 198, line 31, at end insert—
‘In section 52 (enforcement of requirements imposed under Part 2), in subsection (3), for “or licensed water supplier” there is substituted “, water supply licensee or sewerage licensee”.’.
Amendment 87, page 198, line 33, at end insert—
In section 6 (other Part 1 definitions), in subsection (11) (“water company”)—
(a) in the opening words, the words “a company which holds” are repealed;
(b) in paragraph (a), at the beginning insert “a company which holds”;
(c) in paragraph (b), at the beginning insert “a person who holds”.’.—(Dan Rogerson.)
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