The Water Supply (Water Fittings) Regulations (Northern Ireland) 2009

EXPLANATORY NOTE

(This note is not part of the Order)

These Regulations make provision for preventing contamination and waste of water supplied by a water undertaker. They do not apply to certain water fittings in connection with water supplied for non-domestic purposes, or to water fittings lawfully installed before 3^rd August 2009: regulation 2.

Part II of the Regulations deals with the principal requirements.

Regulations 3 and 4 impose general requirements in relation to water fittings. Water fittings must not be installed, connected, arranged or used in such a manner that they are likely to cause waste, misuse, undue consumption or contamination, or erroneous measurement, of the water supplied. They must be of an appropriate quality or standard, and be suitable for the circumstances in which they are used; and they must be installed, connected or disconnected in a workmanlike manner.

Regulation 5 requires a person who proposes to install certain water fittings to notify the undertaker, and not to commence installation without the undertaker’s consent. The undertaker may withhold consent or grant it on certain conditions. This requirement does not apply to some fittings which are installed by a contractor who is approved by the water undertaker or certified by an organisation specified by the Secretary of State or National Assembly of Wales under The Water Supply (Water Fittings) 1999. Where an approved contractor installs, alters, connects or disconnects a water fitting, he must provide a certificate stating whether it complies with the Regulations: regulation 6.

Part III of the Regulations deals with enforcement etc.

Regulation 7 provides for a fine not exceeding £1000 for contravening the Regulations. It is a defence to show that the work on a water fitting was done by or under the direction of an approved contractor, and that the contractor certified that it complied with the Regulations.

Regulation 8 enables water undertakers and persons acting on behalf of the Department of the Environment who enter premises to carry out inspections, measurements and tests for the purposes of the Regulations.

Regulation 9 requires the water undertaker to enforce the requirements of the Regulations; this duty is enforceable by the Department.

Regulation 10 enables the Department to relax the requirements of these Regulations on the application of the water undertaker.

Regulation 11 requires the water undertaker to publicise any method of installation that it may approve for the purpose of the Regulations.

Regulation 12 provides for disputes arising under the Regulations between a water undertaker and a person who has installed or proposes to install a water fitting to be referred to arbitration.

Regulation 13 requires the water undertaker to publish an annual report detailing levels of enforcement activities.

Regulation 14 provides for the water undertaker to carry out works and recover costs in respect of contamination incidents from the person responsible.

Regulation 15 revokes The Water Regulations (Northern Ireland) 1991.

These regulations were notified in draft to the European Commission in accordance with Directive 98/34/EC, as amended by Directive 98/48/EC.