2005 No. 3075
The Water Supply (Exceptions from Supply System Prohibitions) Regulations 2005
Made
Laid before Parliament
Coming into force
The Secretary of State acting, save in so far as the National Assembly for Wales is so acting, in exercise of the powers conferred upon her by sections 66I(3) and 66J(3) of the Water Industry Act 19911,
and
the National Assembly for Wales acting in exercise of the powers conferred upon it by sections 66I and 66J of the Water Industry Act 1991 in relation to any supply system of a water undertaker whose area is wholly or mainly in Wales,
hereby make the following Regulations:
Citation and commencement1
These Regulations may be cited as the Water Supply (Exceptions from Supply System Prohibitions) Regulations 2005 and shall come into force on 1st December 2005.
Interpretation2
In these Regulations—
“the Act” means the Water Industry Act 1991;
“private supply” has the meaning given in section 93(1) of the Act2; and
“enactment” includes subordinate legislation within the meaning of section 21 of the Interpretation Act 19783 but excludes subordinate legislation made by—
- a
“A”, where regulation 3(1)(b) applies; and
- b
“E”, where regulation 4(1)(b) applies.
- a
Specified circumstances in which prohibition on use of a supply system does not apply3
1
Subject to paragraph (2), section 66I(1) of the Act shall not apply where—
a
a water undertaker (“A”) is using the supply system of another water undertaker (“B”) under an agreement for a supply of water in bulk4 by B to A;
b
A is using B’s supply system under any enactment requiring that a supply of water in bulk be made by B to A; or
c
a relevant person (“C”) is using the supply system of a water undertaker (“D”) pursuant to a relevant undertaking for the purpose of making a private supply to any premises.
2
Paragraph (1)(a) shall not apply in so far as—
a
A uses B’s supply system for the purpose of supplying water to premises within the geographical area to which A’s appointment relates; and
b
the water has been introduced into B’s supply system for that purpose by A or by any relevant person under an agreement with A.
3
For the purposes of this regulation—
a
“relevant person” means–
i
in paragraph (1)(c), a person who is not a water undertaker or a licensed water supplier; and
ii
in paragraph (2)(b), a person other than A or B; and
b
“relevant undertaking” means an undertaking entered into by D with C before 31st July 2002 under which a supply of water was made by D to C before that date.
Specified circumstances in which prohibition on introduction of water into a supply system does not apply4
1
Subject to paragraph (2), section 66J(1) of the Act shall not apply where—
a
the water is introduced under an agreement with the water undertaker;
b
the water is introduced into the supply system of a water undertaker (“E”) by another water undertaker (“F”) under any enactment requiring that a supply of water in bulk be made by F to E; or
c
the water is introduced by a secondary water undertaker into a primary water undertaker’s supply system pursuant to section 66C of the Act (wholesale water supply by secondary undertaker).
2
Paragraph (1)(a) shall not apply in so far as the water is introduced by any person for the purpose of supplying water to any premises of a customer of that person.
Signed on behalf of the National Assembly for Wales,
(This note is not part of the Regulations)