The Water Supply Licence (Application) Regulations 2005

Explanatory Note

(This note is not part of the Regulations)

The Water Industry Act 1991, as amended by the Water Act 2003, requires water undertakers to grant licensed water suppliers access to their supply systems under certain conditions and for certain purposes. These Regulations govern the procedure for granting water supply licences.

Regulation 3 requires the Water Services Regulation Authority (and until it is fully established, the Director General of Water Services) (“Ofwat”) to issue guidance determining the form and manner of applications for water supply licences and for variations of such licences. The guidance must also determine what information and documents are required. Ofwat must consult on its draft guidance, but consultation which has taken place before these Regulations come into force is sufficient for this purpose. Ofwat may vary its guidance following consultation. Ofwat must publish its guidance and any variations to it. Ofwat may also ask for additional information or documents on a case by case basis.

Regulation 4 requires certain fees to be paid to Ofwat when an application is made.

Regulation 5 requires Ofwat to notify an applicant that a valid application has been made. It also specifies certain information which must be contained in a notice of application published by the applicant within ten working days of Ofwat’s notification. Regulation 5 also requires Ofwat to publish a copy of the notice of application on Ofwat’s website.

Regulation 6 requires representations or objections with respect to an application to be addressed to Ofwat within twenty working days of publication of the notice of application on Ofwat’s website.

No regulatory impact assessment has been prepared in respect of these Regulations. A regulatory impact assessment in respect of the Water Act 2003 was prepared and placed in the library of each House of Parliament during the passage of the Water Bill. This included an assessment of water supply licensing regime. Copies can be obtained from Water Supply and Regulation Division, Department for Environment, Food and Rural Affairs, Ashdown House, 123 Victoria Street, London SW1E 6DE or from the Department’s website at www.defra.gov.uk/environment/water/legislation.