The Water Supply and Sewerage Services (Customer Service Standards) Regulations 1989

Complaints about water or sewerage services

5.—(1) This regulation applies where a customer complains in writing–

(a) to a water undertaker about the quality of water supplied by the undertaker to domestic premises, the pressure at which it is supplied or the adequacy of the supply;

(b) to a sewerage undertaker about the services supplied by or on behalf of the undertaker to such premises.

(2) Where this regulation applies the undertaker shall, except in the circumstances described in paragraph (3), pay to the customer (or credit to his account) the sum of £5 if the undertaker fails–

(a) in the case of a complaint which, in the undertaker’s opinion necessitates a visit to the premises or the making of inquiries of persons who are not officers or employees of the undertaker, to despatch to the customer within 10 working days from the date of receipt of the complaint an initial reply–

(i) explaining why a substantive reply cannot be despatched immediately;

(ii) giving the name and telephone number and address of a responsible employee whom the customer can contact about the complaint; and

(iii) stating that a substantive reply will be despatched within 20 working days from the date of receipt of the complaint;

(b) in the case of a complaint in relation to which sub-paragraph (a) does not apply, to despatch a substantive reply to the customer within 10 working days from the date of the receipt of the complaint.

(3) The circumstances described in this paragraph are–

(a) that the customer has informed the undertaker that he does not wish to pursue his complaint; or

(b) that industrial action by the undertaker’s employees or the act or default of a person other than an officer, employee or agent of the undertaker or a person acting on behalf of its agent made it impracticable to despatch a reply within the relevant period mentioned in paragraph (2); or

(c) that the complaint was not sent to an address notified in writing by the undertaker to its customers as the appropriate address for complaints of that nature; or

(d) that the complaint is frivolous or vexatious; or

(e) that the customer has not made a written claim for a payment under this regulation within 3 months of the date of the receipt of the complaint.

(4) In paragraph (1)(b) “sewerage undertaker” includes an authority which is carrying out sewerage functions on behalf of the undertaker under arrangements entered into (or to be treated as entered into) for the purposes of section 73 of the 1989 Act; but where a customer complains to such an authority the complaint shall be deemed for the purposes of paragraph (2) of this regulation to have been received by the sewerage undertaker on the date on which the undertaker received it from the authority.