Moved by
Baroness Scott of Bybrook
247YF: Clause 158, page 189, line 11, at end insert—
“(c) all catchment permitting areas.”
Member's explanatory statement
This amendment is consequential on the second amendment in my name to clause 158 at page 188, line 22.
247YG: Clause 158, page 189, line 36, after “96B” insert “or 96FA”
Member's explanatory statement
This amendment is consequential on the second amendment in my name to clause 158 at page 188, line 22.
247YH: Clause 158, page 189, line 43, leave out “that section” and insert “those sections”
Member's explanatory statement
This amendment is consequential on the second amendment in my name to clause 158 at page 188, line 22.
247YJ: Clause 158, page 190, line 20, leave out “96F(1)” and insert “96F(1)(a)(i)”
Member's explanatory statement
This amendment is consequential on the amendments to clause 158 at page 185, line 20, page 186, line 13, and page 186, line 25.
247YK: Clause 158, page 190, line 20, leave out “lower” and insert “different”
Member's explanatory statement
This amendment allows for section 96F(1) to be amended to specify a different nutrient concentration.
247YL: Clause 158, page 190, line 22, leave out “96F(2)” and insert “96F(2)(a)(i)”
Member's explanatory statement
This amendment is consequential on the amendments to clause 158 at page 185, line 20, page 186, line 13, and page 186, line 25.
247YM: Clause 158, page 190, line 22, leave out “lower” and insert “different”
Member's explanatory statement
This amendment allows for section 96F(2) to be amended to specify a different nutrient concentration.
247YN: Clause 158, page 190, line 27, leave out from “apply” to “which” and insert “for different purposes or different areas (including different plants within an area), the regulations may amend section 96F(1)(a)(i) or (2)(a)(i) to specify those concentrations and the purposes or areas for (or plants within an area to)”
Member's explanatory statement
This amendment clarifies that regulations under the new section 96I(4) of the Water Industry Act 1991 may make different provision for different areas, plants or purposes.
247YP: Clause 158, page 190, line 38, leave out “and 96K” and insert “, 96K and 96L”
Member's explanatory statement
This amendment is consequential on the amendment to clause 158 at page 192, line 33.
247YQ: Clause 158, page 190, line 39, leave out “and 96K” and insert “, 96K and 96L”
Member's explanatory statement
This amendment is consequential on the amendment to clause 158 at page 192, line 33.
247YR: Clause 158, page 191, line 10, at end insert—
““catchment permitting area” means a sensitive catchment area designated under section 96FA(1) for the time being;
“environmental permit” means a permit granted under Chapter 2 of Part 2 of the Environmental Permitting (England and Wales) Regulations 2016; and a reference to a condition imposed on such a permit is to be construed in accordance with those regulations;”
Member's explanatory statement
This amendment defines terms introduced by the second amendment in my name to clause 158 at page 188, line 22.
247YS: Clause 158, page 191, line 31, at end insert—
““nutrient affected catchment area” means an area designated under section 96C(A1);”
Member's explanatory statement
This amendment is consequential on the second amendment in my name to clause 158 at page 184, line 32.
247YT: Clause 158, page 192, line 11, at end insert—
““standard concentration” , in relation to the nutrient pollution standard that applies to a plant, means the concentration specified in section 96F(1)(a)(i) or (2)(a)(i) on the date that the designation of the associated catchment area as a sensitive catchment area takes effect;”
Member's explanatory statement
This amendment defines a term introduced by the amendment to clause 158 at page 185, line 20.
247YU: Clause 158, page 192, line 30, leave out “96F(1) or (2)” and insert “section 96F(1) or (2) or section 96FA(4)”
Member's explanatory statement
This amendment is consequential on the second amendment in my name to clause 158 at page 188, line 22.
247YV: Clause 158, page 192, line 32, at end insert—
“96L Setting and enforcing nutrient pollution standards
(1) The Secretary of State may by regulations make provision about the setting and enforcing of nutrient pollution standards.
(2) The Secretary of State may only exercise the power under subsection (1) if the Secretary of State considers that the provisions about the setting and enforcing of nutrient pollution standards will be at least as effective as the provision already in force under sections 96B to 96K, the Environmental Damage (Prevention and Remediation) (England) Regulations 2015 (S.I. 810/2015) or this section as a result of the exercise of this power, including in relation to—
(a) overall environmental protection (within the meaning of section 45 of the Environment Act 2021),
(b) nutrient pollution levels discharged by plants or across catchment areas,
(c) enforcement, or
(d) costs.
(3) The regulations may, in particular—
(a) amend, repeal, revoke or otherwise modify—
(i) sections 96B to 96K,
(ii) the Environmental Damage (Prevention and Remediation) (England) Regulations 2015, or
(iii) provision made under this section;
(b) provide for a sewerage undertaker’s compliance with the duty under section 96B (or an equivalent) to be determined by reference to matters other than the concentration of nitrogen or phosphorous in treated effluent discharged by a plant;
(c) include provision applying or corresponding to any provision in sections 96B to 96K (with or without modifications);
(d) include provision about the establishment of schemes involving sewerage undertakers and others for the purpose of encouraging or requiring sewerage undertakers to arrange or contribute to action in respect of the effect of nitrogen or phosphorous (from any source) on a habitats site;
(e) make different provision for different purposes or different areas.”
Member's explanatory statement
This amendment confers a power on the Secretary of State to make provision about the setting and enforcing of nutrient pollution standards.
247YW: Clause 158, page 192, line 34, leave out “96I,” and insert “96I, 96L,”
Member's explanatory statement
This amendment requires that all regulations under the new section 96L of the Water Industry Act (inserted by the amendment to clause 158 at page 192, line 33) are subject to the affirmative procedure.