The Water Industry Act 1991 (“the Act”), as amended by the Water Act 2003, requires water undertakers to grant licensed water suppliers access to their supply systems under certain conditions in order to supply water to eligible premises of customers. One such condition relates to water fittings. A water undertaker is not required to grant access if there is a contravention of prescribed statutory requirements (imposed by regulations made under section 74 of the Act) in relation to the water fittings used or to be used in connection with the supply of water to the premises to be supplied by the licensed water supplier or the use of water in those premises.

These Regulations prescribe those statutory requirements as being certain requirements in the Water Supply (Water Fittings) Regulations 1999 (S.I.1999/1148) (“the 1999 Regulations”) (made under section 74 of the Act). Those requirements prevent contamination and waste of water supplied by water undertakers or licensed water suppliers. Regulations 3 and 4 of the 1999 Regulations 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 and standard, and be suitable for the circumstances in which they are used; and they must be installed, connected, altered, repaired or disconnected in a workmanlike manner. Regulation 5(1)(c) of the 1999 Regulations requires a person who installs certain water fittings to comply with certain conditions imposed by a water undertaker.

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 the water supply licensing provisions. Copies can be obtained from Water Supply and Regulation Division, Department for Environment, Food and Rural Affairs, 55 Whitehall, London, SW1A 2EY or from the Department’s website at www.defra.gov.uk/environment/water/legislation.