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Clause 11 - Agreements by sewerage undertakers to adopt infrastructure

Water Bill – in a Public Bill Committee at 3:15 pm on 5th December 2013.

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Amendments made: 87, in clause 11, page 36, line 45, leave out ‘review’ and insert ‘revise’.

Amendment 19, in clause 11, page 37, leave out lines 17 to 21 and insert—

‘(5) In this section “the Minister” means—

(a) the Secretary of State, so far as the code relates to section 104 agreements for the vesting of sewers, drains or sewage disposal works in sewerage undertakers whose areas are wholly or mainly in England;

(b) the Welsh Ministers, so far as the code relates to section 104 agreements for the vesting of sewers, drains or sewage disposal works in sewerage undertakers whose areas are wholly or mainly in Wales.’.

Amendment 88, in clause 11, page 38, line 13, leave out ‘specify’ and insert ‘make provision about’.

Amendment 89, in clause 11, page 38, line 21, at end insert—

‘( ) publication of the charges that may be imposed.’.

Amendment 20, in clause 11, page 38, line 21, at end insert—

‘(2A) The rules may require a sewerage undertaker, upon declaring a sewer, drain or sewage disposal works to be vested in the undertaker in accordance with a section 104 agreement, to pay to other party to the agreement an amount (which may be nil) determined in accordance with the rules.

(2B) Rules made by virtue of subsection (2A) may, in particular, provide for the determination to take into account—

(a) revenue that might be derived from the sewer, drain or sewage disposal works in question;

(b) costs that might have been incurred in providing such a sewer, drain or sewage disposal works.

(2C) The rules may also make provision as to—

(a) the amount of security that may be required by a sewerage undertaker for the purposes of any charges imposed by the sewerage undertaker under a section 104 agreement;

(b) the type of security that may be required;

(c) the payment of interest on a sum deposited with a sewerage undertaker by way of security.’.

Amendment 21, in clause 11, page 38, line 29, leave out ‘A code’ and insert ‘The rules’.

Amendment 90, in clause 11, page 38, line 31, leave out ‘review’ and insert ‘revise’.

Amendment 91, in clause 11, page 38, line 32, at end insert—

‘( ) The Authority must issue revised rules if—

(a) guidance is issued under section 105ZH, and

(b) the Authority, having regard to that guidance, considers that it is appropriate to revise the rules.’.

Amendment 92, in clause 11, page 38, line 38, leave out ‘any’ and insert ‘the’.

Amendment 22, in clause 11, page 39, line 1, at end insert—

‘( ) The Authority must specify the period (“the consultation period”) within which the relevant persons may make representations about the proposed rules.’.

Amendment 23, in clause 11, page 39, line 3, at end insert—

‘(4) Before rules under section 105ZF prepared by the Authority are issued, the Minister may direct the Authority not to issue the rules.

(5) In subsection (4) “the Minister” means—

(a) the Secretary of State, so far as the rules relate to section 104 agreements for the vesting of sewers, drains or sewage disposal works in sewerage undertakers whose areas are wholly or mainly in England;

(b) the Welsh Ministers, so far as the rules relate to section 104 agreements for the vesting of sewers, drains or sewage disposal works in sewerage undertakers whose areas are wholly or mainly in Wales.

(6) A direction under subsection (4) must be given within the period of 28 days beginning with the day after the end of the consultation period, and rules may not be issued before that period of 28 days has expired.’.

Amendment 24, in clause 11, page 39, line 3, at end insert—

‘( ) This section is subject to section 105ZGA.

105ZGA Rules under section 105ZF: minor or urgent revisions

(1) This section applies if the Authority proposes to issue revised rules under section 105ZF and, in the view of the Authority, the revision or each of the revisions proposed to be made is—

(a) a revision for which consultation is unnecessary, or

(b) a revision that it is necessary or desirable to make without delay.

(2) Section 105ZG does not apply to the proposed revised rules.

(3) Before issuing the revised rules, the Authority must give notice to the Minister of its intention to issue revised rules.

(4) Before the revised rules are issued, the Minister may direct the Authority not to issue the revised rules.

(5) A direction under subsection (4) must be given within the period of 14 days beginning with the day after the day on which notice is given under subsection (3), and the Authority may not issue the revised rules in question before—

(a) that period of 14 days expires, or

(b) the Minister notifies the Authority that no direction under subsection (4) will be given in relation to the revised rules,

whichever is the sooner.

(6) Once the Authority has issued the revised rules, it must give notice as soon as reasonably practicable of—

(a) the issuing of the revised rules, and

(b) as regards each revision contained in them, whether in the view of the Authority the revision falls within paragraph (a) or (b) of subsection (1).

(7) Notice under subsection (6) is to be given to such persons as the Authority considers appropriate.

(8) Unless the Authority gives notice that a revision in revised rules is in the view of the Authority a revision falling within subsection (1)(a), the revision ceases to have effect at the end of the period of six months beginning with the day after that on which the revised rules are issued.

(9) In this section “the Minister” has the meaning given by section 105ZG.’.

Amendment 25, in clause 11, page 39, leave out lines 20 to 24 and insert—

‘(7) In this section “the Minister” means—

(a) the Secretary of State, so far as the guidance is as to the content of rules relating to section 104 agreements for the vesting of sewers, drains or sewage disposal works in sewerage undertakers whose areas are wholly or mainly in England;

(b) the Welsh Ministers, so far as the guidance is as to the content of rules relating to section 104 agreements for the vesting of sewers, drains or sewage disposal works in sewerage undertakers whose areas are wholly or mainly in Wales.’.—(Dan Rogerson.)

Clause 11, as amended, ordered to stand part of the Bill.