The Water Industry (Undertakers Wholly or Mainly in Wales) (Information about Non-owner Occupiers) Regulations 2014

Title, application and commencement

1.—(1) The title of these Regulations is the Water Industry (Undertakers Wholly or Mainly in Wales) (Information about Non-owner Occupiers) Regulations 2014.

(2) These Regulations apply in relation to services provided by an undertaker whose area is wholly or mainly in Wales.

(3) These Regulations come into force on 1 January 2015.

Interpretation

2.  In these Regulations—

“the commencement day” (“y diwrnod cychwyn”) means the date when the duty applies as a result of article 2 of the Flood and Water Management Act 2010 (Commencement No.9) Order 2014(1);

“the duty” (“y ddyletswydd”) means the duty imposed by virtue of section 144C(2) of the Water Industry Act 1991.

Information to be provided about non-owner occupiers

3.—(1) The information to be given to an undertaker by the owner about the occupiers is as follows—

(a) their full names;

(b) their dates of birth (where such information has been provided to the owner);

(c) the date or dates on which the occupiers began to occupy the premises (if that date is after the commencement day).

(2) The information to be given under paragraph (1) does not include information relating to any child that occupies the premises.

(3) For the purpose of this regulation “child” means a person under the age of 18.

Notifying the non-owner occupier

4.  Before an owner provides information to an undertaker they must notify the occupier that such information will be provided.

Timing

5.—(1) An owner fails to comply with the duty if the information required by regulation 3(1) is not given within 21 days of—

(a) the commencement day;

(b) the date on which an occupier begins to occupy the premises.

(2) An owner’s failure ceases when the information required by regulation 3(1) is given to the undertaker (regardless of whether the information is given by the owner or someone else).

Procedure

6.  The information required by regulation 3(1) must be provided to an undertaker by post, telephone, email or via the Landlord and Tenant Address Portal at www.landlordtap.com.

Carl Sargeant

Minister for Natural Resources, one of the Welsh Ministers

2 December 2014