The Water Supply (Exceptions from Supply System Prohibitions) Regulations 2005

Citation and commencement

1.  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.

Interpretation

2.  In these Regulations—

“the Act” means the Water Industry Act 1991;

“private supply” has the meaning given in section 93(1) of the Act(1); and

“enactment” includes subordinate legislation within the meaning of section 21 of the Interpretation Act 1978(2) but excludes subordinate legislation made by—

(a)

“A”, where regulation 3(1)(b) applies; and

(b)

“E”, where regulation 4(1)(b) applies.

Specified circumstances in which prohibition on use of a supply system does not apply

3.—(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 bulk(3) 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 apply

4.—(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.

Elliot Morley

Minister of State,

Department for Environment, Food and Rural Affairs

2nd November 2005

Signed on behalf of the National Assembly for Wales,

D.Elis-Thomas

Presiding Officer

1st November 2005