2.—(1) The Water Industry (Prescribed Conditions) Regulations 1999(1) are amended as follows.
(2) In regulation 2, omit the word “and” after the semi-colon at the end of paragraph (b).
(3) At the end of regulation 2, add—
“; and
(d)the premises are not—
(i)in an area which has been determined by the Secretary of State to be an area of serious water stress for the purposes of these Regulations under regulation 4; and
(ii)subject to a programme for the fixing of charges by reference to volume, as specified in the water resources management plan of the relevant water undertaker published under section 37B(8)(a) of the Water Industry Act 1991(2)”.
(4) After regulation 3, insert—
4.—(1) The Secretary of State may, after consulting the Environment Agency, determine the whole or any part of a water undertaker’s area to be an area of serious water stress for the purposes of these Regulations, where the Secretary of State considers that—
(a)the current household demand for water in that area is a high proportion of the current effective rainfall which is available to meet that demand; or
(b)the future household demand for water in that area is likely to be a high proportion of the effective rainfall which is likely to be available to meet that demand.
(2) The Secretary of State may revoke or modify any determination under paragraph (1) at any time.
(3) But any revocation or modification under paragraph (2) shall not have the effect that the condition in regulation 2(d) is satisfied in relation to premises that previously fell outside the scope of that condition.”.
1991 c. 56; section 37B was inserted by section 62 of the Water Act 2003 (c. 37).