INFORMATION REPORT
BWB 3430B
MEMORANDUM TO THE BO ARD
C O R P O R AT E S E R V I C E S R E P O R T – S E P T E M B E R 2 0 1 1
Report by Legal and Corporate Services Director
1.
PUBLIC BODIES BILL
1.1
The House of Commons Bill Committee is currently considering the Bill clause by clause
with the last meeting of the Committee due to take place on Thursday 13 October.
Debate on Clause 5 and Schedule 5 (the provisions directly relevant to BW/NWC) is
timetabled for 11 or 13 October. The National Bargees Travellers Association (NBTA), a
new organisation representing ‘continuous moorers’, has submitted some highly
tendentious written evidence to the Committee.
1.2
The progress of the Bill is currently on track and the proposed Transfer Order is planned
to be laid before Parliament in the week beginning 5 December. Drafting of the (complex)
Order is progressing at a pace with extensive liaison between myself and the team of
Defra lawyers. By the time of the Board meeting I hope to be in a position to report
further on progress. The draft needs clearance by Parliamentary Counsel and the Clerk
to the Delegated Legislation Committee in Parliament before it can be laid.
2.
PROCUREMENT AND OTHER CONTRACTS DUE DILIGENCE
Following completion of the legislation due diligence necessary for the drafting of the
proposed Transfer Order, the Legal Department is now involved in a review of all
significant revenue (e.g. utilities) and services (e.g. IT and construction omnibus)
contracts to check for the existence of issues that may need addressing in connection
with the Transfer Scheme (the separate ministerial instrument that provides for the
transfer of property assets and liabilities of BW E&W to NWC). Early focus is on cross-
border contracts that have issues in the disaggregation process. This overall is an
extensive exercise and some temporary additional resource is likely to be bought in as a
cost of the transfer project.
3.
INTERNAL AUDIT
The Internal Audit Department continues to provide substantial support to the Transfer
Project both in terms of maintenance of the project plan and monitoring of progress
against it and, in particular, substantial support from Keith Labbett to the work
Disaggregation Oversight Committee.
4.
MOORINGS ENFORCEMENT
Once mooring enforcement proceedings are issued most cases settle or are withdrawn
following compliance by the defendant. There are however three contested enforcement
cases currently before the Courts (one in the High Court) with the NBTA closely involved
in one as advocates and the defendants in in some liaison. The NBTA will in all likelihood
use the case(s) to generate adverse publicity to the transfer to NWC which they oppose.
A number of short pieces have appeared in
Private Eye recently and they have been able
to generate some exposure in
The Guardian in the past.
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5.
CARBON REDUCTION COMMITMENT – REGULATORY SUBMISSION
Legal Department prepared and submitted the first (and very extensive) BW regulatory
submission reporting on progress towards its carbon reduction commitment. The work
was for a week or so a considerable drain on the department resources at a busy time
and is illustrative of the increasing business burden of environmental regulation,
notwithstanding the worthy objectives.
NIGEL JOHNSON
Corporate Services Director
14 September 2011
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