1.—(1) These Regulations may be cited as the Water Industry (Prescribed Conditions) (Undertakers Wholly or Mainly in Wales) Regulations 2004 and come into force on 13 April 2004.
(2) These Regulations apply to any water or sewerage undertaker whose area is wholly or mainly in Wales.
(3) In these Regulations, “the National Assembly” means the National Assembly for Wales.
2. The conditions prescribed under sections 144A(5)(b) (additional conditions in relation to the revocation of a measured charges notice) and 144B(1)(c) (additional conditions in relation to the fixing of charges by reference to volume) of the Water Industry Act 1991 are that—
(a)in the case of premises which are not used solely as a person’s home, that other use is not the principal use of the premises;
(b)the water supplied to the premises is not used—
(i)for watering a garden, other than by hand, by means of any apparatus;
(ii)for automatically replenishing a pond, or a swimming pool, with a capacity greater than 10,000 litres;
(iii)in a bath with a capacity (measured to the centre line of overflow) greater than 230 litres;
(iv)in a shower unit of a type specified under paragraph 4(c) of the Table to regulation 5 of the Water Supply (Water Fittings) Regulations 1999(1); or
(v)in a unit which incorporates reverse osmosis; and
(c)the premises are not in an area which has been determined by the National Assembly, under regulation 3 below, to be an area of water scarcity for the purposes of these Regulations.
3.—(1) The National Assembly may, on the application of a water undertaker, determine a part or the whole of that undertaker’s area to be an area of water scarcity for the purposes of these Regulations if it considers it appropriate to do so having regard to—
(a)the likely demand for water in that area over the period of 10 years following the application;
(b)the water resources which are, or could be made, available for meeting that demand; and
(c)the measures that the undertaker could take for meeting or managing that demand.
(2) A determination under this regulation is to have effect for such period as is specified by the National Assembly and may be revoked by it.
(3) Before making or revoking a determination under this regulation, the National Assembly must consult —
(a)the Director(2);
(b)the Environment Agency;
(c)where the proposed action is likely to affect any part of Wales, the Countryside Council for Wales;
(d)where the proposed action is likely to affect any part of England, English Nature; and
(e)bodies appearing to it to be representative of the customers of the water and sewerage undertakers in the relevant area.
Signed on behalf of the National Assembly for Wales
John Marek
The Deputy Presiding Officer of the National Assembly
10th March 2004