Statutory Instruments

2005 No. 3075

WATER INDUSTRY, ENGLAND AND WALES

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

Made

2nd November 2005

Laid before Parliament

7th November 2005

Coming into force

1st December 2005

The Secretary of State acting, save in so far as the National Assembly for Wales is so acting, in exercise of the powers conferred upon her by sections 66I(3) and 66J(3) of the Water Industry Act 1991( 1 ),

and

the National Assembly for Wales acting in exercise of the powers conferred upon it by sections 66I and 66J of the Water Industry Act 1991 in relation to any supply system of a water undertaker whose area is wholly or mainly in Wales,

hereby make the following Regulations:

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( 2 ); and

“enactment” includes subordinate legislation within the meaning of section 21 of the Interpretation Act 1978( 3 ) 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( 4 ) 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

( 1 )

1991 c. 56 ; sections 66I and 66J were inserted by section 56 of, and Schedule 4, paragraphs 1 and 3 to, the Water Act 2003 (c. 37) . The powers to make regulations under sections 66I and 66J are exercisable by the National Assembly for Wales (and not the Secretary of State) in relation to any supply system of a water undertaker whose area is wholly or mainly in Wales; see sections 66I(8) and 66J(9). References to the supply system of a water undertaker are to be construed in accordance with section 17B(5) of the Act; see section 66I(9). Section 17B was inserted by section 56 of, and Schedule 4, paragraphs 1 and 2 to, the Water Act 2003.

( 2 )

Section 93(1) of the Act was amended by section 101(1) of, and Schedule 8, paragraph 28 to, the Water Act 2003.

( 3 )

1978 c. 30 .

( 4 )

The expression “supply of water in bulk” has the meaning given by section 219(1) of the Act.

footnote	commentary	transitional and savings	in force status	related provisions	geo extent	insert/omit	source count	in force adj

Defined Term	Section/Article	ID
enactment	reg. 2.	enactment_rtfa41P
private supply	reg. 2.	private_su_rtlekMw
relevant person	reg. 3.	relevant_p_rtWDK0y
relevant undertaking	reg. 3.	relevant_u_rtIZNcy
the Act	reg. 2.	the_Act_rt03lOU

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Changes that affect				Made by
The Water Supply (Exceptions from Supply System Prohibitions) Regulations 2005	2005 No. 3075	Regulations	applied (Isles of Scilly)	The Isles of Scilly (Application of Water Legislation) Order 2020	2020 No. 214	art. 5(m)	Not yet
The Water Supply (Exceptions from Supply System Prohibitions) Regulations 2005	2005 No. 3075	reg. 3(3)(a)(i)	words substituted	The Water Act 2014 (Consequential Amendments etc.) Order 2017	2017 No. 506	art. 21	Not yet
The Water Supply (Exceptions from Supply System Prohibitions) Regulations 2005	2005 No. 3075	reg. 4	modified (temp.)	The Water Act 2014 (Commencement No. 9 and Transitional Provisions) Order 2017	2017 No. 462	art. 11(5)	Not yet