Explanatory Note
(This note is not part of the Regulations)
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 1st July 1999: 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 instal 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 undertaker or certified by an organization specified by the regulator. Where an approved contractor instals, 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 a fine not exceeding level 3 on the standard scale 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. This defence is extended to the offences of contaminating, wasting and misusing water under section 73 of the Water Industry Act 1991: regulation 8.
Regulation 9 enables water undertakers and local authorities who enter premises to carry out inspections, measurements and tests for the purposes of the Regulations.
Regulation 10 requires the water undertaker to enforce the requirements of the Regulations; this duty is enforceable by the regulator or the Director General of Water Services.
Regulation 11 enables the regulator to relax the requirements of these Regulations on the application of the water undertaker.
Regulation 12 requires the regulator to consult water undertakers and organisations representing water users before giving an approval for the purpose of the Regulations, and to publicize approvals.
Regulation 13 provides for disputes arising under the Regulations between a water undertaker and a person who has installed or proposes to instal a water fitting to be referred to arbitration.
Regulation 14 revokes the existing water byelaws made by water undertakers under section 17 of the Water Act 1945.