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New Schedule 1 - Commencement orders: appropriate authority

Water Bill – in a Public Bill Committee at 2:45 pm on 17th December 2013.

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1 In relation to the sections and Schedules listed in the first column of this table, the appropriate authority for the purposes of section 56(3) is as listed in the second column (see paragraph 3 as regards interpretation of terms used in the table)—

Section or Schedule

Appropriate authority

Section 5 and Schedule 5

The Welsh Ministers (but see paragraph 2).

Section 7

The Scottish Ministers.

Section 8

The Minister, as defined in subsection (7) of section 40H of the Water Industry Act 1991 (as inserted by section 8).

Section 9

The Minister, as defined in subsection (7) of section 110I of the Water Industry Act 1991 (as inserted by section 9).

Section 10 to 12

The Secretary of State, in relation to wholly or mainly English undertakers.

The Welsh Ministers, in relation to wholly or mainly Welsh undertakers.

Sections 16 to 20

The Secretary of State, in relation to wholly or mainly English undertakers.

The Welsh Ministers, in relation to wholly or mainly Welsh undertakers.

Section 22

The Welsh Ministers, in relation to wholly or mainly Welsh undertakers (see section 56(2)(b) as regards commencement in relation to wholly or mainly English undertakers).

Section 23

The Secretary of State, in relation to wholly or mainly English undertakers.

The Welsh Ministers, in relation to wholly or mainly Welsh undertakers.

Section 24

The Secretary of State, in relation to—

(a) the insertion of section 2A of the Water Industry Act 1991 by subsection (1) of section 24, and

(b) the amendments made by subsections (2) and (3) of section 24 so far as relating to section 2A.

The Welsh Ministers, in relation to—

(a) the insertion of section 2B of the Water Industry Act 1991 by subsection (1) of section 24, and

(b) the amendments made by subsections (2) and (3) of section 24 so far as relating to section 2B.

Section 36

The Secretary of State, in relation to wholly or mainly English undertakers.

The Welsh Ministers, in relation to wholly or mainly Welsh undertakers.

Section 37

The Secretary of State, in relation to the power to make an order under section 207E of the Water Industry Act 1991 (as inserted by section 37) in respect of adjudication functions exercisable as regards—

(a) wholly or mainly English undertakers, or

(b) wholly or mainly English licensees.

The Welsh Ministers, in relation to the power to make an order under section 207E of the Water Industry Act 1991(as inserted by section 37) in respect of adjudication functions exercisable as regards—

(a) wholly or mainly Welsh undertakers, or

(b) wholly or mainly Welsh licensees.

Section 38(1)

The Secretary of State, in relation to the power of the Secretary of State to make an order under section 86ZA of the Water Industry Act 1991 (as inserted by section 38).

The Welsh Ministers, in relation to the power of the Welsh Ministers to make an order under section 86ZA of the Water Industry Act 1991 (as inserted by section 38).

Section 38(2)(a)

The Welsh Ministers.

Section (Disputes about the provision of public sewers: premises in Wales)

The Welsh Ministers.

Section (Consumer redress)

The Secretary of State—

(a) in relation to wholly or mainly English undertakers,

(b) in relation to water supply licensees so far as their licences relate to the use of the supply systems of wholly or mainly English water undertakers, or

(c) in relation to sewerage licensees so far as their licences relate to the use of the sewerage systems of wholly or mainly English sewerage undertakers.

The Welsh Ministers—

(a) in relation to wholly or mainly Welsh undertakers,

(b) in relation to water supply licensees so far as their licences relate to the use of the supply systems of wholly or mainly Welsh water undertakers, or

(c) in relation to sewerage licensees so far as their licences relate to the use of the sewerage systems of wholly or mainly Welsh sewerage undertakers.

Section 42

The Secretary of State, in relation to the main river map for England.

The Welsh Ministers, in relation to the main river map for Wales.

2 A statutory instrument containing an order to be made by the Welsh Ministers under section 56(3) in relation to section 5 and Schedule 5 may not be made unless a draft has been laid before and approved by a resolution of the National Assembly for Wales.

3 In the table in paragraph 1—

(a) “wholly or mainly English water undertakers” means water undertakers whose areas are wholly or mainly in England;

(b) “wholly or mainly English sewerage undertakers” means sewerage undertakers whose areas are wholly or mainly in England;

(c) “wholly or mainly English undertakers” means undertakers falling within paragraph (a) or (b);

(d) “wholly or mainly English water supply licensees” means water supply licensees using the supply systems of water undertakers whose areas are wholly or mainly in England;

(e) “wholly or mainly English sewerage licensees” means sewerage licensees using the sewerage systems of sewerage undertakers whose areas are wholly or mainly in England;

(f) “wholly or mainly English licensees” means licensees falling within paragraph (d) or (e);

(g) “wholly or mainly Welsh water undertakers” means water undertakers whose areas are wholly or mainly in Wales;

(h) “wholly or mainly Welsh sewerage undertakers” means sewerage undertakers whose areas are wholly or mainly in Wales;

(i) “wholly or mainly Welsh undertakers” means undertakers falling within paragraph (g) or (h);

(j) “wholly or mainly Welsh water supply licensees” means water supply licensees using the supply systems of water undertakers whose areas are wholly or mainly in Wales;

(k) “wholly or mainly Welsh sewerage licensees” means sewerage licensees using the sewerage systems of sewerage undertakers whose areas are wholly or mainly in Wales;

(l) “wholly or mainly Welsh licensees” means licensees falling within paragraph (j) or (k).

4 In paragraph 3—

(a) references to water undertakers’ supply systems are to be construed in accordance with section 17B of the Water Industry Act 1991 (as amended by section 2 of this Act);

(b) references to sewerage undertakers’ sewerage systems are to be construed in accordance with section 17BA(7) of the Water Industry Act 1991 (as inserted by section 4 of this Act).’.—(Dan Rogerson.)

Brought up, and added to the Bill.

Photo of Dan Rogerson Dan Rogerson The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs

On a point of order, Mrs Riordan. I hope it is in order for me to note my thanks for the way in which you and Mr Gray have presided over debates, and the way in which all members of the Committee have participated, particularly the hon. Member for Dunfermline and West Fife, who has done a fair amount of speaking from the Opposition Front Bench. The hon. Member for Houghton and Sunderland South and my hon. Friend the Member for Weston-super-Mare for Weston-super-Mare have ensured that the Bill has flowed through the usual channels—an appropriately watery metaphor.

I also place on the record my grateful thanks to all the officials who worked on the Bill in providing information to the Committee very swiftly in the form of inspiration, and in further matters. I also thank those who gave evidence to the Committee in our earliest sessions and who have submitted written evidence. They have enabled us to base our deliberations on as much evidence as possible. On that basis, I wish you a merry Christmas, Mrs Riordan.

Photo of Thomas Docherty Thomas Docherty Shadow Minister (Environment, Food and Rural Affairs)

Further to that point of order, Mrs Riordan. On behalf of the Opposition, I add our thanks to those offered by the Minister. I particularly thank John-Paul Flaherty and all those others who work tirelessly in the House for our benefit—Hansard, the Doorkeepers and everyone else. I wish you, Mrs Riordan, and all the Committee, a very peaceful and merry Christmas. I suspect we will see the Minister on 6 January for remaining stages.

Bill, as amended, to be reported.

Committee rose.