The Water Supply and Sewerage Services (Customer Service Standards) Regulations 2008
Made: 4th March 2008
Laid before Parliament: 10th March 2008
Laid before the National Assembly for Wales: 10th March 2008
Coming into force: 1st April 2008
The only provisions of these Regulations (other than provisions representing the consolidation of the Water Supply and Sewerage Services (Customer Service Standards) Regulations 1989[^f00003]) are the provisions proposed by the Authority in its applications.
Citation
1
These Regulations may be cited as the Water Supply and Sewerage Services (Customer Service Standards) Regulations 2008.
Commencement
2
These Regulations come into force on 1st April 2008.
Extent
3
These Regulations extend to England and Wales only.
Interpretation
4
- (1) In these Regulations—
- ...
- “domestic premises” means premises used wholly or partly as a dwelling or intended for that use;
- “outbuilding” means a shed, garage or similar building that is not attached to any other building other than another outbuilding;
- “the WIA” means the Water Industry Act 1991[^f00004]; and
- “working day” means any day that is not a Saturday, a Sunday, Christmas Day, Good Friday nor a bank holiday under the Banking and Financial Dealings Act 1971[^f00005].
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Exclusions
5
- (1) Nothing in this Part requires a relevant Welsh undertaker—
- (a) to give notice to more than one person in respect of the same premises; or
- (b) to make a payment to more than one person in respect of any one claim.
- (2) Nothing in this Part, and nothing done by a relevant Welsh undertaker in consequence of this Part, determines who is beneficially entitled to a payment made under this Part, or in respect of any one act or omission relating to the same premises.
Keeping of appointments
6
- (1) This regulation applies if a representative of a relevant Welsh undertaker is to visit a customer’s premises in connection with the provision of water supply services or sewerage services.
- (2) If the representative requires access to the premises, or it would otherwise be reasonable to expect the customer or a person acting on the customer’s behalf to be on the premises, the Welsh undertaker must—
- (a) consult the customer orally or in writing to try to agree on a day to attend the premises; and
- (b) give the customer notice, orally or in writing, of when the representative will attend the premises.
- (3) The undertaker’s notice must specify—
- (a) the premises;
- (b) the date that the representative will attend them;
- (c) either—
- (i) if the customer so requests, a period of two hours during which the visit will be made; or
- (ii) otherwise, whether the visit will be made during the morning or the afternoon; and
- (d) if the notice specifies that the visit will be made during the morning or afternoon, at what times the Welsh undertaker regards the morning or the afternoon, as the case requires, as beginning and ending.
- (4) Subject to paragraph (6), the Welsh undertaker must pay the customer £20 if—
- (a) the Welsh undertaker gives a notice that is not in accordance with paragraph (3);
- (b) a representative does not attend the premises on the date specified in the notice; or
- (c) a representative does attend the premises on that date, but—
- (i) if the notice specified a two-hour period for the attendance, the representative does not attend during the specified period; or
- (ii) if the notice specified that the representative would attend during the morning or afternoon, the representative does not attend during the period specified in the notice as being the period of the morning or the afternoon, as the case requires.
- (5) No application by the customer for the payment is necessary.
- (6) However, the Welsh undertaker need not pay the customer under paragraph (4) if—
- (a) the customer cancels the appointment;
- (b) the Welsh undertaker cancels the appointment by giving the customer at least 24 hours’ notice, orally or in writing, of the cancellation; or
- (c) it became impracticable, for a reason mentioned in paragraph (7), for the representative to keep the appointment, and the Welsh undertaker could not reasonably have so foreseen in time to enable it—
- (i) to cancel the appointment giving 24 hours’ notice; or
- (ii) to make other suitable arrangements for a representative to attend the premises at the arranged time.
- (7) The reasons are—
- (a) severe weather;
- (b) industrial action by employees of the Welsh undertaker; and
- (c) the act or default of a person who is not—
- (i) an officer, employee or agent of the Welsh undertaker; or
- (ii) a person acting on behalf of the Welsh undertaker or of an agent of the Welsh undertaker.
- (8) The representative of an Welsh undertaker who attended a customer’s premises may make and sign a written record stating that the representative attended the premises and the time and date of attendance.
- (9) Unless the customer establishes that the record is incorrect, it is taken to confirm that the representative attended the premises as stated in the record.
Complaints, account queries and requests about payment arrangements
7
- (1) This regulation applies where a customer of a relevant Welsh undertaker—
- (a) complains in writing about the supply of water or the provision of sewerage services by the Welsh undertaker;
- (b) queries, in writing, the correctness of an account for the supply of water or the provision of sewerage services; or
- (c) asks, in writing, for a change to payment arrangements.
- (2) The Welsh undertaker must provide a substantive reply to the customer—
- (a) in the cases of a reply to a complaint or a query, within 10 working days; or
- (b) if the request is for a change to payment arrangements and the request cannot be met, within 5 working days.
- (3) The first day of the period for reply is the day after the day when the Welsh undertaker receives the complaint, query or request.
- (4) Subject to paragraph (6), if the Welsh undertaker does not comply with paragraph (2), it must pay the customer £20.
- (5) No application by the customer for the payment is necessary.
- (6) However, the Welsh undertaker need not pay the customer under paragraph (4) if—
- (a) the address that the customer wrote to was not a notified address of the Welsh undertaker for a complaint, query or request of that kind;
- (b) the customer does not wish to pursue the complaint, query, or request and has so informed the Welsh undertaker;
- (c) it was impracticable for the Welsh undertaker to send a reply within the required period because of—
- (i) industrial action by employees of the Welsh undertaker; or
- (ii) the act or default of a person who is not—
- (aa) an officer, employee or agent of the Welsh undertaker; or
- (bb) a person acting on behalf of the Welsh undertaker or of an agent of the Welsh undertaker; or
- (d) in the case of a reply to a complaint or query—
- (i) the complaint or query was frivolous or vexatious; or
- (ii) the Welsh undertaker reasonably considered that a visit was necessary before replying, and severe weather made that visit impracticable.
- (7) For the purposes of paragraph (6)(a), an address of an Welsh undertaker is a notified address of the Welsh undertaker for a complaint, query or request of a particular kind if the Welsh undertaker has notified that address to its customers as the appropriate address for a complaint, query or request of that kind by—
- (a) publishing it in a telephone directory;
- (b) notifying it on the undertaker’s website; or
- (c) showing it on the undertaker’s publicity material.
- (8) For the purposes of this regulation—
- (a) “Welsh undertaker” includes a service provider that is carrying out sewerage functions on behalf of an Welsh undertaker under arrangements entered into, or to be treated as entered into, for the purposes of section 97 of the WIA; and
- (b) a complaint, query or request to such a service provider is taken, for the purposes of paragraph (2), to have been received by the Welsh undertaker on whose behalf the service provider provides services on the date on which the Welsh undertaker received it from the service provider.
- (9) In this regulation—
- “payment arrangements” means the arrangements by which a customer makes payments (including instalment payments) to the Welsh undertaker; and
- “a change to payment arrangements” includes a change to the frequency of payments (including instalment payments).
Notice of interruption of supply
8
- (1) This regulation applies where a Welsh water undertaker exercises its power under section 60(1) of the WIA (disconnections for the carrying out of necessary works).
- (2) If under section 60(3) of the WIA the Welsh undertaker is required to serve a notice, the Welsh undertaker must—
- (a) specify in the notice—
- (i) the earliest date and time after which the Welsh undertaker reasonably expects that the supply will be interrupted or cut off; and
- (ii) the latest date and time by which the Welsh undertaker reasonably expects that the supply will be restored; and
- (b) if the water is to be cut off for more than four hours, give at least 48 hours’ notice before the supply is interrupted or cut off.
- (3) Paragraph (4) applies if, because of an emergency, a Welsh water undertaker—
- (a) interrupts or cuts off the supply of water to the premises of a customer; and
- (b) is excused from the requirement under section 60(3) of the WIA to serve a notice.
- (4) If this paragraph applies the Welsh undertaker must, as soon as is reasonably practicable, take all reasonable steps to notify each affected customer—
- (a) that the supply has been interrupted or cut off;
- (b) where an alternative supply can be obtained;
- (c) of the time by which it is proposed the supply should be restored; and
- (d) of the telephone number of an office from which further information may be obtained.
- (5) Subject to paragraph (6), if the Welsh undertaker fails to comply with paragraph (2)(b), it must pay each customer whose supply of water was disconnected or cut off—
- (a) if the supply is to domestic premises, £20; and
- (b) if the supply is to premises of any other kind, £50.
- (6) No application by the customer for the payment is necessary unless the Welsh undertaker could not practicably have identified the customer as having been affected.
- (7) However, the Welsh undertaker need not pay the customer under paragraph (5)—
- (a) if it was impracticable to give notice by the time required because of—
- (i) industrial action by employees of the Welsh undertaker; or
- (ii) the act or default of a person who is not—
- (aa) an officer, employee or agent of the Welsh undertaker; or
- (bb) a person acting on behalf of the Welsh undertaker or of an agent of the Welsh undertaker; or
- (b) if—
- (i) the Welsh undertaker could not practicably have identified the customer as having been affected, and
- (ii) the customer does not claim (orally or in writing) a payment under this regulation within the 3 months following the date on which the supply was cut off.
Entitlement to payment or credit where supply not restored as promised
9
- (1) This regulation applies if a Welsh water undertaker interrupts or cuts off the supply of water to premises, as described in regulation 8.
- (2) However, this regulation does not apply if the Welsh undertaker interrupts or cuts off the supply because of drought.
- (3) The Welsh undertaker must restore the supply—
- (a) by the time and date specified in the notice, if the Welsh undertaker has served a notice stating when the supply is to be restored;
- (b) within 48 hours after it first became aware that the supply was interrupted or cut off, if the supply was interrupted or cut off in an emergency because of a leak or burst in a strategic main; or
- (c) within 12 hours after it first became aware that the supply was interrupted or cut off, if the supply was interrupted or cut off in an emergency, but not because of a leak or burst in a strategic main.
- (4) Subject to paragraph (6), if the Welsh undertaker fails to restore the supply by the time by which the Welsh undertaker should, under paragraph (3), have done so, the Welsh undertaker must pay the customer—
- (a) where the supply is to domestic premises, £20;
- (b) where the supply is to premises of any other kind, £50; and
- (c) for each subsequent full period of 24 hours during which the supply has not been restored—
- (i) where the supply is to domestic premises, £10; and
- (ii) where the supply is to premises of any other kind, £25.
- (5) No application by the customer for the payment is necessary unless the Welsh undertaker could not practicably have identified the customer as having been affected.
- (6) The Welsh undertaker need not pay the customer under paragraph (4)—
- (a) if (or, as the case may be, so long as) the Welsh undertaker was prevented from restoring the supply by—
- (i) severe weather;
- (ii) industrial action by employees of the Welsh undertaker; or
- (iii) the act or default of a person who is not—
- (aa) an officer, employee or agent of the Welsh undertaker; or
- (bb) a person acting on behalf of the Welsh undertaker or of an agent of the Welsh undertaker;
- (b) in a case described in paragraph (3)(b) or (c), if the circumstances are so exceptional that it is unreasonable to expect the supply to be restored within the relevant period; or
- (c) if—
- (i) the Welsh undertaker could not practicably have identified the customer as having been affected, and
- (ii) the customer does not claim (orally or in writing) a payment under this regulation within the 3 months following the date on which the supply was cut off.
- (7) In this regulation, “strategic main” means a main that conveys water in bulk to centres of population that have no other supply that can fully meet normal demand.
Pressure standard
10
- (1) A Welsh water undertaker must maintain, in a communication pipe serving premises supplied with water, a minimum water pressure of seven metres static head.
- (2) If in a period of 28 days the pressure in the communication pipe serving a customer’s premises falls below seven metres static head on two occasions each lasting one hour or longer, the Welsh undertaker must, except in the circumstances described in paragraph (3), pay the customer £25.
- (3) Paragraph (2) does not apply if the pressure falls below seven metres static head in connection with the carrying out of necessary works or because of drought.
- (4) No application by the customer for the payment is necessary unless the Welsh undertaker could not practicably have identified the customer as having been affected.
- (5) However, the Welsh undertaker need not pay the customer under paragraph (2) where—
- (a) the Welsh undertaker has already made a payment under this regulation to the customer in respect of another such failure in the same financial year;
- (b) if—
- (i) the Welsh undertaker could not practicably have identified the customer as having been affected, and
- (ii) the customer does not claim (orally or in writing) a payment under this regulation within the 3 months following the date of the second relevant occasion on which the pressure fell below seven metres static head for an hour or more; or
- (c) it was impracticable to maintain the pressure referred to in paragraph (1) because of—
- (i) industrial action by employees of the Welsh undertaker; or
- (ii) the act or default of a person who is not—
- (aa) an officer, employee or agent of the Welsh undertaker; or
- (bb) a person acting on behalf of the Welsh undertaker or an agent of the Welsh undertaker.
- (6) In this regulation, “communication pipe” means—
- (a) the part of a service pipe between a Welsh water undertaker’s water main and the boundary of the street in which the water main is laid; or
- (b) if the premises supplied with water abut on the part of the street in which the water main is laid, and the service pipe—
- (i) enters those premises otherwise than through the outer wall of a building abutting on the street; and
- (ii) has a stopcock in those premises as near to the boundary of the street as reasonably practicable;
the part of the service pipe between the water main and that stopcock.
Flooding from sewers—internal flooding of buildings
11
- (1) Effluent from a sewer that is vested in a Welsh sewerage undertaker must not enter a customer’s building.
- (2) Subject to paragraphs (3) and (5), if effluent from a sewer that is vested in a Welsh sewerage undertaker enters a building (other than an outbuilding) of a customer, the Welsh undertaker must pay the customer, in respect of each incident of such entry, the lesser of—
- (a) a sum equal to the sewerage charges payable by the customer to the Welsh undertaker for the financial year in which the incident occurs; and
- (b) £1,000.
- (3) If the amount that an Welsh undertaker would be required to pay a particular customer for an incident, worked out in accordance with paragraph (2), would be less than £150, the Welsh undertaker must pay the customer £150.
- (4) No application by the customer for the payment is necessary unless the Welsh undertaker could not practicably have identified the customer as having been affected.
- (5) The Welsh undertaker need not pay the customer under paragraph (2) if—
- (a) the entry of effluent was caused by one or more of the following—
- (i) exceptional weather;
- (ii) industrial action by employees of the Welsh undertaker;
- (iii) an action of the customer;
- (iv) a defect, inadequacy or blockage in the customer’s drain or sewer; or
- (b) if—
- (i) the Welsh undertaker could not practicably have identified the customer as having been affected, and
- (ii) the customer does not claim (orally or in writing) a payment under this regulation within the 3 months following the date on which the effluent entered the building.
- (6) For the purposes of this regulation—
- (a) in the case of a building that has a suspended floor, the space beneath that floor is part of the building;
- (b) effluent is not taken to have entered a building while it is in a drain or sewer.
Flooding from sewers—external flooding
12
- (1) Effluent from a sewer that is vested in a Welsh sewerage undertaker must not enter a customer’s land or property.
- (2) Subject to paragraphs (3) and (5), if effluent from a sewer that is vested in a Welsh sewerage undertaker enters the land or property (including any outbuilding) of a customer, the Welsh undertaker must pay the customer, for each incident of such entry, the lesser of—
- (a) a sum equal to 50% of the sewerage charges payable by the customer to the Welsh undertaker for the financial year in which the incident occurs; or
- (b) £500.
- (3) If the amount that an Welsh undertaker would be required to pay a particular customer for an incident, worked out in accordance with paragraph (2), would be less than £75, the Welsh undertaker must pay the customer £75.
- (4) However, the Welsh undertaker need not pay the customer under paragraph (2) if—
- (a) the entry of effluent was caused by one or more of the following—
- (i) exceptional weather;
- (ii) industrial action by employees of the Welsh undertaker;
- (iii) an action of the customer;
- (iv) a defect, inadequacy or blockage in the customer’s drain or sewer;
- (b) the Welsh undertaker was required, by regulation 11, to make a payment to the same customer in respect of the same incident;
- (c) the customer was not materially affected by the incident; or
- (d) the customer does not claim the payment in accordance with paragraph (5) within the 3 months following the date on which the effluent entered the customer’s land or property.
- (5) With the customer’s claim for the payment the customer must provide a written statement showing the effect of the entry of effluent on the customer’s land or property.
- (6) In deciding whether a customer was materially affected by the entry of effluent during an incident of flooding, an Welsh undertaker must take into account—
- (a) what parts of the customer’s land or property the effluent entered;
- (b) the duration of the flooding;
- (c) the extent of the flooding;
- (d) whether the flooding restricted the access to the land or property;
- (e) whether the flooding restricted the use of the land or property; and
- (f) any other relevant considerations of which the Welsh undertaker is aware.
- (7) For the purposes of this regulation, effluent is not taken to have entered land while it is in a drain or sewer.
Timing of payments
13
- (1) If regulation 6 or 7 requires a relevant Welsh undertaker to make a payment to a customer, the Welsh undertaker must make it within 10 working days of its becoming payable.
- (2) If the Welsh undertaker fails to make the payment in accordance with paragraph (1), the Welsh undertaker must pay the customer a further £10 if the customer makes a written claim for payment under this paragraph within 3 months after the payment referred to in paragraph (1) becomes payable.
- (3) If regulation 8, 9, 11 or 12 requires a relevant Welsh undertaker to make a payment to a customer, the Welsh undertaker must make it within 20 working days of its becoming payable.
- (4) If the Welsh undertaker fails to make the payment in accordance with paragraph (3), the Welsh undertaker must pay the customer—
- (a) in the case of a payment in relation to the supply of water to domestic premises, a further £20; and
- (b) in any other case, a further £50.
- (5) For the purposes of this regulation, a payment payable under any of regulations 6 to 9, 11 or 12 becomes payable—
- (a) if the customer concerned must make an application for the payment, at the end of the day on which the Welsh undertaker receives that application; or
- (b) if no such application is necessary, at the end of the day on which the relevant breach of a service standard occurred.
Means of payment, including where customer is in arrears
14
- (1) Subject to paragraph (2), a customer who is entitled to payment under this Part may ask the relevant Welsh undertaker concerned to make the payment directly to the customer.
- (2) If the customer has not asked for direct payment, the Welsh undertaker may make the payment directly to the customer or by credit to the customer’s account.
- (3) If—
- (a) a customer of a relevant Welsh undertaker is entitled to a payment under this Part but owes money to the Welsh undertaker; and
- (b) at the material time, the customer’s debt to the Welsh undertaker has been outstanding for more than 6 weeks;
the Welsh undertaker must make the payment, or so much of it as does not exceed the amount that the customer owes, by credit to the customer’s account.
- (4) For the purposes of paragraph (3)(3)(b), “the material time” is—
- (a) if the payment is payable without a written claim being made, the time when it becomes payable; or
- (b) otherwise, the time when the customer makes a written claim for it.
Payments not to affect other legal liabilities
15
- (1) The making of a payment by a relevant Welsh undertaker to a customer in consequence of a claim or potential claim for a payment under this Part is not an admission by that Welsh undertaker of any liability other than an obligation to comply with this Part.
- (2) The acceptance by a customer of a payment or credit made in consequence of this Part does not affect any liability of the Welsh undertaker to the customer other than its liability under this Part.
Notice of rights to be given to customers
16
- (1) A relevant Welsh undertaker must, at least once in every financial year, give every customer to whom it sends an account in that year a detailed statement of the rights provided by this Part.
- (2) If a relevant Welsh undertaker is aware that accounts to a customer cover the supply of water or sewerage services to other customers, it must—
- (a) give the customer enough copies of the statement referred to in paragraph (1) to enable the customer to give a copy to each of those other customers; or
- (b) send a copy of the statement to each of those other customers directly.
Reference of disputes to the Authority
17
- (1) If a dispute arises between a relevant Welsh undertaker and a customer as to the right of the customer to a payment or a credit to the customer’s account under this Part, either party may refer the matter to the Authority for determination.
- (2) The parties to a dispute that has been referred to the Authority must give it any evidence or information that it reasonably requires to enable it to determine the dispute.
- (3) If the Authority determines the dispute in the customer’s favour but the Welsh undertaker fails to give effect to the determination, the customer may set off the amount in question against any liability that he has to the Welsh undertaker.
Revocation
18
The Regulations set out in the Schedule are revoked.
THE SCHEDULE — Regulations revoked
| Regulations | References | Extent of revocation |
|---|---|---|
| The Water Supply and Sewerage Services (Customer Service Standards) Regulations 1989 | S. I. 1989/1159 | The whole |
| The Water Supply and Sewerage Services (Customer Service Standards) (Amendment) Regulations 1989 | S. I. 1989/1383 | The whole |
| The Water Supply and Sewerage Services (Customer Service Standards) (Amendment) Regulations 1993 | S. I. 1993/500 | The whole |
| The Water Supply and Sewerage Services (Customer Service Standards) (Amendment) Regulations 1996 | S. I. 1996/3065 | The whole |
| The Water Supply and Sewerage Services (Customer Service Standards) (Amendment) Regulations 2000 | S. I. 2000/2301 | The whole |
Signed
Signed by authority of the Secretary of State
Phil Woolas — Minister of State — Department for Environment, Food and Rural Affairs — 3rd March 2008
Jane Davidson — Minister for Environment, Sustainability and Housing, one of the Welsh Ministers — 4th March 2008
Explanatory note
(This note is not part of the Order)
EXPLANATORY NOTE
Sections 38 and 39 of the Water Industry Act 1991 (“the Act”) authorise the Secretary of State to make regulations by statutory instrument setting out service standards that must be met by water undertakers, and sections 95 and 96 make similar provision in relation to sewerage undertakers. The regulations may provide for payments to be made to customers for failure to meet the prescribed standards. The power to make such standards in relation to water undertakers and sewerage undertakers whose areas are wholly or mainly in Wales was devolved to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999, SI 1999/672, article 2(a), Schedule 1 (as amended by the National Assembly for Wales (Transfer of Functions) Order 2000, SI 2000/253, article 4, Schedule 3(e)). By virtue of section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32), functions conferred on the National Assembly for Wales are exercisable by the Welsh Ministers.
The new Regulations revoke the existing Water Supply and Sewerage Services (Customer Service Standards) Regulations 1989. The new Regulations provide a consolidated text, in revised language, of the revoked Regulations, but extend the rights of customers to payments for flooding of customers’ land or property by sewer overflowing. In addition, the standards of performance to be met and the payments to be made by undertakers whose areas are wholly or mainly in England have also now been applied to undertakers whose areas are wholly or mainly in Wales. Formerly there were different standards of performance for, and payments by, undertakers whose areas are wholly or mainly in Wales.
Footnotes
[^f00001]: The functions under sections 38 and 95 of the Water Industry Act 1991 in relation to water undertakers and sewerage undertakers whose areas are wholly or mainly in Wales were conferred on the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999, SI 1999/672, article 2(a), Schedule 1 (as amended by the National Assembly for Wales (Transfer of Functions) Order 2000, SI 2000/253, article 4, Schedule 3(e)). By virtue of section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32), functions conferred on the National Assembly for Wales are now exercisable by the Welsh Ministers.
[^f00002]: 1991 c.56.
[^f00004]: 1991 c. 56.
[^f00005]: 1971 c.80.
PART 1 — Introduction
Citation
Commencement
Extent
Interpretation
PART 2 — Customer service standards for Welsh undertakers
Interpretation of Part 2
4A
- (1) In this Part—
- “customer” includes—a potential customer; andan occupier of premises whose supply of water or sewerage services is the subject of a separate charge for which a person other than the occupier is liable;but does not include a customer of a water supply licensee;
- “Welsh undertaker” means a water or sewerage undertaker whose area is wholly or mainly in Wales and a “Welsh water undertaker” and “Welsh sewerage undertaker” is to be construed accordingly.
- (2) For the purposes of this Part, a water supply licensee is not a customer of a water undertaker that supplies water to it.
Exclusions
Keeping of appointments
Complaints, account queries and requests about payment arrangements
Notice of interruption of supply
Entitlement to payment or credit where supply not restored as promised
Pressure standard
Flooding from sewers—internal flooding of buildings
Flooding from sewers—external flooding
Timing of payments
Means of payment, including where customer is in arrears
Payments not to affect other legal liabilities
Notice of rights to be given to customers
Reference of disputes to the Authority
PART 3 — Customer service standards for English service providers and English wholesalers
Interpretation of Part 3
17A
In this Part—
- “customer” includes—in cases of self-supply, the relevant water supply licensee, sewerage licensee or person associated with a licensee; andin all other cases, customers or potential customers of water supply licensees or sewerage licensees that are operating in accordance with a retail authorisation, but does not include a person associated with the relevant licensee;
- “English duty-holder” means—an English service provider, oran English wholesaler;
- “English service provider” means—in cases of self-supply, the English wholesaler whose water supply system or sewerage system is used to supply water or provide sewerage services to the customer; andin all other cases—the water supply licensee or sewerage licensee, as appropriate, who supplies water or provides sewerage services to the customer under a retail authorisation; orthe English undertaker who supplies water or provides sewerage services to the customer;
- “English undertaker” means a water undertaker or sewerage undertaker whose area is wholly or mainly in England;
- “English wholesaler” means an English undertaker acting in their capacity of providing, developing, maintaining, improving or extending a water supply system or sewerage system, as appropriate, and “English water wholesaler” and “English sewerage wholesaler” are to be construed accordingly;
- “EW sewer” means a sewer which is vested in an English sewerage wholesaler;
- “non-domestic outbuilding” means an outbuilding which is not part of domestic premises;
- “person associated with a licensee” has the meaning given—for a water supply licence, in paragraph 11 of Schedule 2A to the WIA; andfor a sewerage licence, in paragraph 1 of Schedule 2B to the WIA;and “person associated with the relevant licensee” means a person associated with, in relation to water supply, the water licensee or, in relation to the provision of sewerage services, the sewerage licensee;
- “retail authorisation” has the meaning given—for a water supply licence, in paragraph 3 of Schedule 2A to the WIA;for a sewerage licence, in paragraph 1 of Schedule 2B to the WIA;
- “self-supply” means situations where a water supply licensee or sewerage licensee supplies water or provides sewerage services, as appropriate, to the premises of the relevant licensee or a person associated with the relevant licensee;
- “sewerage system”, in relation to an English sewerage undertaker or English sewerage wholesaler, has the meaning given by section 17BA(7) of the WIA;
- “valid claim” means a claim by a customer (however made) for a payment under regulation 17E, 17F, 17G or 17H which—includes the name of the customer and at least one of the following—an address for correspondence;an email address for correspondence;a contact telephone number;includes, if not given as an address for correspondence in accordance with paragraph (a)(i)—in the case of a claim for a payment under regulation 17E, 17F or 17G, the address of the premises in respect of which the customer is supplied with water;in the case of a claim for a payment under regulation 17H, the address of, or other means of identifying, the premises to which the claim relates,describes the event which is, or events which are, considered to trigger the requirement for a payment, andstates when the event or events occurred;
- “water supply system”, in relation to an English water undertaker or English water wholesaler, has the same meaning as “supply system” in section 17B(4A) of the WIA.
Exclusions
17B
- (1) Nothing in this Part requires an English duty-holder—
- (a) to give notice to more than one person in respect of the same premises; or
- (b) to make a payment to more than one person in respect of any one claim.
- (2) Nothing in this Part, and nothing done by an English duty-holder in consequence of this Part, determines who is beneficially entitled to a payment made under this Part, or in respect of any particular act or omission relating to the same premises.
Keeping of appointments
17C
- (1) This regulation applies if a representative of an English duty-holder is to visit a customer’s premises in connection with the provision of water supply services or sewerage services other than in emergency circumstances.
- (1A) A representative of an English duty-holder is to visit a customer’s premises in emergency circumstances if—
- (a) the issue must be resolved urgently or outside the English duty-holder’s normal working hours (or both), and
- (b) to enable the issue to be so resolved, the visit must take place—
- (i) with less than 24 hours’ notice;
- (ii) on a day which is not a working day; or
- (iii) during any period on a working day which is outside the English duty-holder’s normal working hours.
- (1B) For the purposes of paragraph (1A), an English duty-holder’s normal working hours on a working day include the periods that the duty-holder specifies as the morning and the afternoon for a visit on that working day in accordance with paragraph (3)(d).
- (2) If the representative requires access to the premises, or it would otherwise be reasonable to expect the customer or a person acting on the customer’s behalf to be on the premises, the English duty-holder must—
- (a) consult the customer orally or in writing to try to agree on a day to attend the premises; and
- (b) give the customer notice, orally or in writing, of when the representative will attend the premises.
- (3) The notice in paragraph (2) must specify—
- (a) the premises;
- (b) the date that the representative will attend them;
- (c) either—
- (i) if the customer so requests, a period of two hours during which the visit will be made; or
- (ii) otherwise, whether the visit will be made during the morning or the afternoon; and
- (d) if the notice specifies that the visit will be made during the morning or afternoon, at what times the English duty-holder regards the morning or afternoon, as the case requires, as beginning and ending.
- (4) Subject to paragraph (6)—
- (a) the English service provider must pay the customer £40, if the English duty-holder gives a notice that is not in accordance with paragraph (3);
- (aa) the English service provider must pay the customer £50 if—
- (i) a representative does not attend the premises on the date specified in the notice; or
- (ii) a representative attends the premises on the date specified in the notice but not during (as the case may be)—
- (aa) the period of two hours specified in the notice;
- (bb) the period specified in the notice as “the morning”; or
- (cc) the period specified in the notice as “the afternoon”;
- (b) if the English wholesaler is responsible for a breach that gives rise to a payment obligation on the English service provider under sub-paragraph (a) or (aa) it must pay the English service provider in accordance with regulation 17K.
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) The English service provider need not pay the customer, and the English wholesaler need not pay the English service provider, under paragraph (4) if—
- (a) the customer cancels the appointment;
- (b) the English duty-holder cancels the appointment by giving the customer at least 24 hours’ notice, orally or in writing, of the cancellation; or
- (c) it became impracticable, for a reason mentioned in paragraph (7), for the representative to keep the appointment, and the English duty-holder could not reasonably have so foreseen in time to enable it—
- (i) to cancel the appointment giving 24 hours’ notice; or
- (ii) to make other suitable arrangements for a representative to attend the premises at the arranged time.
- (7) The reasons are—
- (a) severe weather;
- (b) where the appointment is made by the English service provider—
- (i) industrial action by employees of the English duty-holder;
- (ii) the act or default of a person who is not an officer, employee or agent of the English service provider; or
- (iii) the act or default of a person who is not a person acting on behalf of the English service provider or of an agent of the English service provider; and
- (c) where the appointment is made by the English wholesaler who is not the English service provider—
- (i) industrial action by employees of the English duty-holder;
- (ii) the act or default of a person who is not an officer, employee or agent of the English wholesaler; or
- (iii) the act or default of a person who is not a person acting on behalf of the English wholesaler or of an agent of the English wholesaler.
- (8) The representative of an English duty-holder who attended a customer’s premises may make and sign a written record stating that the representative attended the premises and the time and date of attendance.
- (9) Unless the customer establishes that the record is incorrect, it is to be treated as confirming that the representative attended the premises as stated in the record.
Complaints, account queries and requests about payment arrangements
17D
- (1) This regulation applies where—
- (a) an English service provider receives a valid complaint from a customer about the supply of water or the provision of sewerage services by the provider;
- (b) an English wholesaler receives a valid complaint from a customer about the water supply system or sewerage system of the wholesaler; or
- (c) an English service provider, apart from in cases of self-supply, receives—
- (i) a valid query from a customer about the correctness of an account for the supply of water or the provision of sewerage services; or
- (ii) a valid request from a customer for a change to payment arrangements.
- (1A) In this regulation—
- “valid complaint” means a complaint (however made) which—includes the name of the customer and at least one of the following—an address for correspondence;an email address for correspondence;a contact telephone number;includes, if not given as an address for correspondence under paragraph (a), the address of the premises in respect of which the customer is supplied with water or, as the case may be, provided with sewerage services; anddescribes the particular event or issue to which it relates;
- “valid query” means a query (however made) which—includes the name of the customer and at least one of the following—an address for correspondence;an email address for correspondence;a contact telephone number;includes, if not given as an address for correspondence under paragraph (a) the address of, or other means of identifying, the premises to which it relates; anddescribes what is being queried;
- “valid request” means a request (however made) which—includes the name of the customer and at least one of the following—an address for correspondence;an email address for correspondence;a contact telephone number;includes, if not given as an address for correspondence under paragraph (a), the address of the premises in respect of which the customer is supplied with water or, as the case may be, provided with sewerage services, andidentifies the particular payment arrangements to which it relates; anddescribes the change that the customer wants to make to the arrangements.
- (2) An English duty-holder who receives a valid complaint must provide a substantive reply to the complaint to the customer within 10 working days.
- (3) The English service provider must provide a substantive reply to the customer—
- (a) to a valid query, within 10 working days; or
- (b) to a valid request for a change to payment arrangements that cannot be met, within 5 working days.
- (4) The first day of the period for reply is the day after the day on which the English duty-holder receives the valid complaint, valid query or valid request.
- (5) Subject to paragraph (7)—
- (a) the English service provider must pay the customer £40 if—
- (i) the English wholesaler does not comply with paragraph (2); or
- (ii) the English service provider does not comply with paragraph (2) or (3); and
- (b) if the English wholesaler does not comply with paragraph (2) it must pay the English service provider in accordance with regulation 17K.
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) The English service provider need not pay the customer, and the English wholesaler need not pay the English service provider, under paragraph (5) if—
- (a) the customer makes the complaint, query or request using an alternative means of communication, the means used by the consumer is not a valid alternative means of communication;
- (aa) a customer makes a complaint, query or request to an English duty-holder by post or other similar service or email, the customer did not make the complaint to the English duty-holder at a valid address or a valid email address;
- (ab) a complaint, query or request is made orally by telephone, the telephone number used to make the complaint was not a valid telephone number;
- (b) the customer does not wish to pursue the complaint, query or request and has so informed the English service provider or English wholesaler, as appropriate;
- (c) in the case of a complaint, query or request to the English service provider, it was impracticable to send a reply within the required period because of—
- (i) industrial action by employees of the English service provider or the English wholesaler;
- (ii) the act or default of a person who is not an officer, employee or agent of the English service provider; or
- (iii) the act or default of a person who is not a person acting on behalf of the English service provider or of an agent of the English service provider; or
- (d) in the case of a complaint to the English wholesaler who is not the English service provider, it was impracticable to send a reply within the required period because of—
- (i) industrial action by employees of the English wholesaler or the English service provider;
- (ii) the act or default of a person who is not an officer, employee or agent of the English wholesaler; or
- (iii) the act or default of a person who is not a person acting on behalf of the English wholesaler or of an agent of the English wholesaler; or
- (e) the complaint, query or request was frivolous or vexatious;
- (ea) in the case of a reply to a complaint or query, the English duty-holder reasonably considered that a visit was necessary before replying, and severe weather made that visit impracticable.
- (7A) For the purposes of this regulation—
- (a) an alternative means of communication is a means of communication other than—
- (i) post or a similar service;
- (ii) email;
- (iii) telephone;
- (iv) a website provided by or on behalf of the English duty-holder, and
includes in particular communication via a social media service, SMS or other messaging service;
- (b) an alternative means of communication is a valid alternative means of communication if that means of communication has been specified by the English duty-holder to the customer as a means by which a complaint, request or query (as the case may be) may be made to it.
- (8) For the purposes of this regulation—
- (a) an address is a valid address if it is an address notified by the English duty-holder as an address to which a complaint, query or request (as the case may be) may be sent;
- (b) an email address is a valid email address if it is an email address notified by the English duty-holder as an email address to which a complaint, query or request (as the case may be) may be sent;
- (c) a telephone number is a valid telephone number if it is a telephone number notified by the English duty-holder as a telephone number which may be used to make a complaint, query or request (as the case may be).
- (9) For the purposes of this regulation—
- (a) “English wholesaler” includes a relevant authority that is carrying out sewerage functions on behalf of an English undertaker under arrangements entered into, or to be treated as entered into, for the purposes of section 97 of the WIA (performance of sewerage undertaker’s functions by local authorities etc.); and
- (b) a complaint to such a relevant authority is taken, for the purposes of paragraph (2), to have been received by the English undertaker on whose behalf the relevant authority provides services on the date on which the undertaker received it from the relevant authority.
- (10) In this regulation—
- “a change to payment arrangements” includes a change to the frequency of payments (including instalment payments);
- “payment arrangements” means the arrangements by which a customer makes payments (including instalment payments) to the English service provider; and
- “relevant authority” has the meaning given by section 97(5) of the WIA.
Notice of interruption of supply
17E
- (1) This regulation applies where the supply of water to premises is, or is to be, interrupted or cut off for any reason.
- (1A) Paragraph (2) applies where an English wholesaler—
- (a) exercises its power under section 60(1) of the WIA (disconnections for the carrying out of necessary works), and
- (b) is required to serve a notice under section 60(3) of the WIA.
- (2) If this paragraph applies, the English wholesaler must—
- (a) specify in the notice—
- (i) the earliest date and time after which the English wholesaler reasonably expects that the supply will be interrupted or cut off; and
- (ii) the latest date and time by which the English wholesaler reasonably expects that the supply will be restored; and
- (b) if the water is to be cut off for more than four hours, give at least 48 hours’ notice before the supply is interrupted or cut off.
- (3) Paragraph (4) applies if—
- (a) because of an emergency, an English wholesaler—
- (i) interrupts or cuts off the supply of water to the premises of a customer in exercise of its powers under section 60(1) of the WIA, and
- (ii) is excused from the requirement under section 60(3) of the WIA to serve a notice, or
- (b) the supply of water to the premises of a customer is interrupted or cut off otherwise than by an English wholesaler in exercise of any of its powers under the WIA.
- (4) If this paragraph applies the English wholesaler must, as soon as is reasonably practicable, take all reasonable steps to notify each affected customer—
- (a) that the supply has been interrupted or cut off;
- (b) where an alternative supply can be obtained;
- (c) of the time by which it is proposed that the supply should be restored; and
- (d) of the telephone number of an office from which further information may be obtained.
- (5) Subject to paragraph (7), if the English wholesaler fails to comply with paragraph (2)(b)—
- (a) the English service provider must pay each customer whose supply of water was interrupted or cut off—
- (i) if the supply is to domestic premises, £50; and
- (ii) if the supply is to premises of any other kind, £100; and
- (b) the English wholesaler must pay the English service provider in accordance with regulation 17K.
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) The English service provider need not pay the customer, and the English wholesaler need not pay the English service provider, under paragraph (5)—
- (a) if it was impracticable to give notice by the time required because of—
- (i) industrial action by employees of the English wholesaler or the English service provider;
- (ii) the act or default of a person who is not an officer, employee or agent of the English wholesaler; or
- (iii) the act or default of a person who is not a person acting on behalf of the English wholesaler or of an agent of the English wholesaler; or
- (b) if—
- (i) the English service provider could not practicably have identified the customer as having been affected; and
- (ii) the customer does not make a claim (orally or in writing) to the English service provider for a payment under this regulation within the 3 months following the date on which the supply was interrupted or cut off.
Entitlement to payment or credit where supply not restored as promised or as required
17F
- (1) This regulation applies where the supply of water to premises is interrupted or cut off otherwise than—
- (a) because of drought; or
- (b) by the English water wholesaler in exercise of its powers under section 61 or 62 of the WIA.
- (1A) Such an incident is referred to in this regulation as a “supply incident”.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) The English wholesaler must restore the supply following a supply incident—
- (a) if it was required to serve a notice under 60(3) of the WIA, by the date and time specified in the notice;
- (b) in any other case, within the period of 12 hours beginning when it interrupted or cut off the supply or, as the case may be, it first became aware of the supply incident.
- (4) Subject to paragraphs (6) and (6A), if the English wholesaler fails to restore the supply following the supply incident by the time by which the English wholesaler should, under paragraph (3), have done so—
- (a) the English service provider must pay the customer—
- (i) where the supply is to domestic premises, £50;
- (ii) where the supply is to premises of any other kind, £100; and
- (iii) for each subsequent full period of 12 hours during which the supply has not been restored—
- (aa) where the supply is to domestic premises, £50; and
- (bb) where the supply is to premises of any other kind, £100; and
- (b) the English wholesaler must pay the English service provider in accordance with regulation 17K.
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) The English service provider need not pay the customer, and the English wholesaler need not pay the English service provider, under paragraph (4)—
- (a) if (or, as the case may be, so long as) the English wholesaler was prevented from restoring the supply by—
- (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (ii) industrial action by the employees of the English wholesaler;
- (iii) the act or default of a person who is not an officer, employee or agent of the English wholesaler; or
- (iv) the act or default of a person who is not a person acting on behalf of the English wholesaler or of an agent of the English wholesaler;
- (b) in a case described in paragraph (3)(b) or (c), if the circumstances are so exceptional that it is unreasonable to expect the supply to be restored within the relevant period; or
- (c) if—
- (i) the English service provider could not practicably have identified the customer has having been affected; and
- (ii) the customer does not make a claim (orally or in writing) to the English service provider for a payment under this regulation within the 3 months following the date on which the supply was interrupted or cut off.
- (6A) An English wholesaler is not required to make payments under paragraph (4) to a customer in respect of a particular supply incident which, in total, exceed twice the water supply charge amount.
- (6B) The “water supply charge amount”, in relation to a customer, is a sum equal to the charges payable by the customer for the relevant supply period for the supply of water to the affected premises.
- (6C) For the purposes of paragraph (6B), the relevant supply period, in relation to a particular supply incident, is the period of 12 months beginning with the day on which the supply was interrupted or cut off.
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pressure standard
17G
- (1) An English water wholesaler must maintain, in a communication pipe serving premises supplied with water, a minimum water pressure of seven metres static head (the “MW pressure”).
- (2) Subject to paragraph (5), if the pressure failure conditions are satisfied—
- (a) the English service provider must pay the customer £50; and
- (b) the English wholesaler must pay the English service provider in accordance with regulation 17K.
- (3) The pressure failure conditions are that—
- (a) the pressure in the communication pipe serving a customer’s premises falls below the MW pressure for an hour or more other than—
- (i) in connection with the carrying out of necessary works; or
- (ii) because of drought; and
- (b) before the end of the period of 28 days beginning with the day on which the failure mentioned in sub-paragraph (a) occurs, the pressure in the communication pipe serving a customer’s premises again falls below the MW pressure for an hour or more other than—
- (i) in connection with the carrying out of necessary works; or
- (ii) because of drought.
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) The English service provider need not pay the customer, and the English wholesaler need not pay the English service provider, under paragraph (2) where—
- (a) the English service provider has already made payments totalling £250 to the customer in respect of occasions on which the pressure failure conditions were satisfied in the same financial year;
- (b) if—
- (i) the English service provider could not practicably have identified the customer as having been affected; and
- (ii) the customer does not make a claim (orally or in writing) to the English service provider for a payment under this regulation within the 3 months following the date of the second relevant occasion on which the pressure fell below MW pressure for an hour or more; or
- (c) it was impracticable to maintain the MW pressure because of—
- (i) industrial action by employees of the English wholesaler;
- (ii) the act or default of a person who is not an officer, employee or agent of the English wholesaler; or
- (iii) the act or default of a person who is not a person acting on behalf of the English wholesaler or an agent of the English wholesaler.
- (6) In this regulation, “communication pipe” means—
- (a) the part of a service pipe between an English wholesaler’s water main and the boundary of the street in which the water main is laid; or
- (b) if the premises supplied with water abut on the part of the street in which the water main is laid, and the service pipe—
- (i) enters those premises otherwise than through the outer wall of a building abutting on the street; and
- (ii) has a stopcock in those premises as near to the boundary of the street as reasonably practicable
the part of the service pipe between the water main and the relevant stopcock.
Flooding from sewers – internal flooding of buildings
17H
- (1) Effluent from an EW sewer must not enter a customer’s building.
- (2) Subject to paragraph (5), if effluent from an EW sewer enters a customer’s building (other than a non-domestic outbuilding) (an “incident of entry”)—
- (a) the English service provider must pay the customer, in respect of each incident of entry, the lesser of—
- (i) the sewerage charge amount; and
- (ii) the maximum payment amount; and
- (b) the English wholesaler must pay the English service provider in accordance with regulation 17K.
- (2A) The sewerage charge amount is the greater of—
- (a) a sum equal to the sewerage charges payable by the customer to the English wholesaler for the period of 12 months beginning with the entry date for the incident; and
- (b) the minimum payment amount.
- (2B) For the purposes of paragraph (2A)(b), the minimum payment amount is—
- (a) £300; or
- (b) if the incident of entry occurs within the relevant period of a previous incident of entry, the sum of £300 + (£100 × IN).
- (2C) The maximum payment amount is—
- (a) £2,000; or
- (b) if the incident of entry occurs within the relevant period of a previous incident of entry, the sum of £2,000 + (£500 × IN).
- (2D) For the purposes of paragraphs (2B) and (2C)—
- (a) an incident of entry (the “new incident”) occurs within the relevant period of a previous incident of entry (the “old incident”) if the entry date for the new incident occurs during the period of 12 months beginning with the end date for the old incident;
- (b) “IN”, in relation to a customer, means the total number of incidents of entry occurring in the period of 12 months mentioned in sub-paragraph (a) in respect of which the English service provider has already made a payment to the customer under this regulation;
- (2E) For the purposes of paragraph (2D), it does not matter whether the old incident occurs before, on or after 2nd July 2025.
- (2F) For the purposes of paragraphs (2A) to (2E)—
- (a) the “entry date” for an incident of entry is the day on which the effluent enters the building;
- (b) the “end date” for such an incident is the day on which effluent stops entering the particular building as a result of the incident (whether or not any effluent remains in the building).
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) The English service provider need not pay the customer, and the English wholesaler need not pay the English service provider, under paragraph (2) ...—
- (a) if the entry of effluent was caused by one or more of the following—
- (i) an abnormal or unforeseeable event, including a natural event, outside the control of the English wholesaler, the consequences of which could not have been avoided by the exercise of all due care by the English wholesaler;
- (ii) industrial action by employees of the English wholesaler;
- (iii) an action of the customer;
- (iv) a defect, inadequacy or blockage in the customer’s drain or sewer; or
- (b) if—
- (i) the English service provider could not practicably have identified the customer as having been affected; and
- (ii) the customer does not make a claim (orally or in writing) to the English service provider for a payment under this regulation within the 3 months following the date on which the effluent entered the building.
- (6) For the purposes of this regulation—
- (a) in the case of a building that has a suspended floor, the space beneath that floor is part of the building;
- (b) effluent is not taken to have entered a building while it is in a drain or sewer.
Flooding from sewers – external flooding
17I
- (1) Effluent from an EW sewer must not enter a customer’s land or property.
- (2) Subject to paragraph (4), if effluent from an EW sewer enters a customer’s land or property (including a non-domestic outbuilding) (an “incident of entry”)—
- (a) the English service provider must pay the customer, for each incident of entry, the lesser of—
- (i) the sewerage charge amount; and
- (ii) the maximum payment amount; and
- (b) the English wholesaler must pay the English service provider in accordance with regulation 17K.
- (2A) The sewerage charge amount is the greater of—
- (a) a sum equal to 50% of the sewerage charges payable by the customer to the English service provider for the financial year in which the entry date for the incident falls; and
- (b) the minimum payment amount.
- (2B) The maximum payment amount is—
- (a) £1,000; or
- (b) if the incident of entry occurs within the relevant period of a previous incident of entry, the sum of £1,000 + (£250 × IN).
- (2C) For the purposes of paragraph (2A)(b), the minimum payment amount is—
- (a) £150; or
- (b) if the incident of entry occurs within the relevant period of a previous incident of entry, the sum of £150 + (£50 × IN).
- (2D) For the purposes of paragraphs (2B) and (2C)—
- (a) an incident of entry (the “new incident”) occurs within the relevant period of a previous incident of entry (the “old incident”) if the entry date for the new incident occurs during the period of 12 months beginning with the end date for the old incident;
- (b) “IN”, in relation to a customer, means the total number of incidents of entry in the period of 12 months mentioned in sub-paragraph (a) in respect of which the English service provider has already made a payment to the customer under this regulation.
- (2E) For the purposes of paragraph (2D), it does not matter whether the old incident occurs before, on or after 2nd July 2025.
- (2F) For the purposes of paragraphs (2A) to (2E)—
- (a) the “entry date” for an incident of entry is the day on which effluent enters the land or property;
- (b) the “end date” for an incident of entry is the day on which effluent stops entering the particular land or property as a result of that incident (whether or not any effluent remains on the land or property).
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) The English service provider need not pay the customer, and an English wholesaler need not pay the English service provider, under paragraph (2) ... if—
- (a) the entry of effluent was caused by one or more of the following—
- (i) an abnormal or unforeseeable event, including a natural event, outside the control of the English wholesaler, the consequences of which could not have been avoided by the exercise of all due care by the English wholesaler;
- (ii) industrial action by the employees of the English wholesaler;
- (iii) an action of the customer;
- (iv) a defect, inadequacy or blockage in the customer’s drain or sewer;
- (b) the English service provider was required by regulation 17H to make a payment to the same customer in respect of the same incident;
- (c) the customer was not materially affected by the incident; or
- (d) the customer does not make a claim to the English service provider for the payment, in accordance with paragraph (5), within the 3 months following the date on which the effluent entered the customer’s land or property.
- (5) With the customer’s claim for the payment the customer must provide a written statement showing the effect of effluent on the customer’s land or property.
- (6) In deciding whether a customer was materially affected by the entry of effluent during an incident of flooding, an English service provider must take into account—
- (a) what parts of the customer’s land or property the effluent entered;
- (b) the duration of the flooding;
- (c) the extent of the flooding;
- (d) whether the flooding restricted the access to the land or property;
- (e) whether the flooding restricted the use of the land or property; and
- (f) any other relevant considerations of which the English service provider is aware.
- (7) For the purposes of this regulation, effluent is not taken to have entered land or property while it is in a drain or sewer.
Timing of payments
17J
- (1) Where an English service provider is required to make a payment to a customer under a provision of this Part (other than regulation 17I), the English service provider must make that payment—
- (a) before the end of the initial payment period, and
- (b) whether or not the customer has made a claim for the payment.
- (2) The initial payment period is—
- (a) in the case of a payment under regulation 17C or 17D, the period of 10 working days beginning with the breach date;
- (b) in the case of a payment under regulation 17E, 17F, 17G, 17H, 17IA, 17IB, 17IC, 17ID or 17IE, the period of 20 working days beginning with the breach date.
- (3) For the purposes of this regulation “the breach date” is the day on which the breach of the service standard occurred.
- (4) The English service provider must pay the customer the further amount if the English service provider fails to make the payment to the customer in accordance with paragraph (1).
- (5) The further amount is—
- (a) £100, where the payment is required under regulation 17E(5)(a)(ii) or 17F(4)(a)(ii) or (iii)(bb) or under regulation 17H in respect of premises other than domestic premises;
- (b) £40, in any other case.
- (6) The English service provider need not pay the further amount to a customer if—
- (a) the payment to be made to the customer was required under regulation 17E, 17F, 17G or 17H,
- (b) the English service provider could not practicably have identified the customer as having been affected by the breach of the service standard without a claim being made for that payment, and
- (c) the customer does not make a valid claim for the original payment before the end of the period of three months beginning with the breach date.
Payments by English wholesalers to English service providers
17K
- (1) This regulation applies where—
- (a) an English wholesaler is responsible for a breach of a service standard that gives rise to a payment obligation on the English service provider under any of regulations 17C to 17IE; and
- (b) the English wholesaler is not the English service provider.
- (2) Where this regulation applies the English wholesaler must pay the English service provider the sum required to be paid by the English service provider to the customer for the breach of the service standard specified in the relevant regulation.
- (3) The English wholesaler must make any payment required by paragraph (2) by the payment deadline.
- (4) For the purposes of this regulation “the payment deadline” means the day by which the English service provider must pay the customer under regulation 17J(1) or 17JA(1) as appropriate.
Means of payment, including where customer is in arrears
17L
- (1) A customer who is entitled to payment under this Part may ask the English service provider concerned to make the payment directly to the customer.
- (2) If the customer has not asked for direct payment, the English service provider may make the payment directly to the customer or by credit to the customer’s account.
- (3) If—
- (a) a customer of an English service provider is entitled to a payment under this Part but owes money to the English service provider; and
- (b) at the material time, the customer’s debt to the English service provider has been outstanding for more than 6 weeks;
the English service provider must make the payment, or so much of it as does not exceed the amount that the customer owes, by credit to the customer’s account.
- (4) For the purposes of paragraph (3)(b), “the material time” is—
- (a) if the payment is payable without a written claim being made, the time when it becomes payable; or
- (b) otherwise, the time when the customer makes a written claim for it.
Payments not to affect other legal liabilities
17M
- (1) The making of a payment by an English service provider to a customer in consequence of a claim or potential claim for payment under this Part is not an admission by that English service provider of any liability other than an obligation to comply with these Regulations.
- (2) The acceptance by a customer of a payment or credit made in consequence of this Part does not affect any liability of the English service provider to the customer other than its liability under these Regulations.
Notice of rights to be given to customers
17N
- (1) An English service provider must, at least once in every financial year, give every customer to whom it sends an account in that year a detailed statement of the rights provided by this Part.
- (1A) The statement referred to in paragraph (1) for each financial year beginning on or after 1st April 2026, must include—
- (a) a statement as to whether the English service provider accepts relevant communications from customers made using either or both of the following—
- (i) an alternative means of communication;
- (ii) email;
- (b) a statement as to how the relevant addresses will be notified to customers by the English service provider;
- (c) a statement as to whether the English wholesaler accepts relevant communications from customers made using either or both of the following—
- (i) an alternative means of communication;
- (ii) email; and
- (d) a statement as to how the relevant addresses will be notified to customers by the English wholesaler.
- (1B) For the purposes of paragraph (1A)—
- (a) “an alternative means of communication” has the meaning given for the purposes of regulation 17D(7A);
- (b) “relevant communication”—
- (i) in relation to an English service provider, means—
- (aa) a complaint about the supply of water or the provision of sewerage services by the provider,
- (bb) a query about the correctness of an account for the supply of water or the provision of sewerage services, or
- (cc) a request for a change to payment arrangements;
- (ii) in relation to an English wholesaler, means a complaint about the water supply system or sewerage system of the wholesaler;
- (c) “relevant addresses”, in relation to an English duty-holder, means—
- (i) an address that may be used to make relevant communications to the duty-holder;
- (ii) a telephone number that may be used to make such communications;
- (iii) the relevant website (if any) that may be used to make such communications;
- (iv) the alternative means of communication (if any) that may be used to make such communications; and
- (v) the email address (if any) that may be used to make such communications;
- (d) “relevant website” means a website provided by or on behalf of an English duty-holder.
- (2) If an English service provider is aware that accounts to a customer cover the supply of water or sewerage services to other customers it must—
- (a) give the customer enough copies of the statement referred to in paragraph (1) to enable the customer to give a copy to each of those other customers; or
- (b) send a copy of the statement to each of those other customers directly.
Reference of disputes to the Authority
17O
- (1) In this regulation, “dispute” means—
- (a) a dispute between an English service provider and a customer as to the right of the customer to a payment or a credit to the customer’s account; or
- (b) a dispute between an English service provider and an English wholesaler as to the right of the English service provider to a payment under regulation 17K or the right of a customer to a payment or credit to the customer’s account.
- (2) If a dispute arises under this Part either party to the dispute may refer the matter to the Authority for determination.
- (3) The Authority may require an English service provider, an English wholesaler or a customer to provide information or other assistance for the purpose of enabling the Authority to make a determination under paragraph (2).
- (4) A requirement imposed on an English service provider or an English wholesaler under paragraph (3) is enforceable under section 18 of the WIA (orders for securing compliance with certain provisions) by the Authority.
- (5) If a dispute under paragraph (1)(a) is determined by the Authority in the customer’s favour but the English service provider fails to give effect to the determination, the customer may set off the amount in question against any liability that he has to the English service provider.
Review
17P
- (1) The Secretary of State must from time to time—
- (a) carry out a review of the regulatory provision contained in this Part, and
- (b) publish a report setting out the conclusions of the review.
- (2) The first report must be published before 1st April 2022.
- (3) Subsequent reports must be published at intervals not exceeding five years.
- (4) Section 30(4) of the Small Business, Enterprise and Employment Act 2015 requires that a report published under this regulation must, in particular—
- (a) set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a) above;
- (b) assess the extent to which those objectives are achieved;
- (c) assess whether those objectives remain appropriate; and
- (d) if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.
- (5) In this regulation, “regulatory provision” has the meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).
PART 4 — Revocation
Revocation
Editorial notes
[^key-9414c60e325e79218a624ea36ecb2ee7]: Pt. 1 heading inserted (1.4.2017) by virtue of The Water Supply and Sewerage Services (Customer Service Standards) (Amendment) Regulations 2017 (S.I. 2017/246), regs. 1(1), 3 (with reg. 9)
[^key-ba2f9b9464775330565d0d3d7392da6b]: Pt. 2 heading and reg. 4A inserted (1.4.2017) by virtue of The Water Supply and Sewerage Services (Customer Service Standards) (Amendment) Regulations 2017 (S.I. 2017/246), regs. 1(1), 5 (with reg. 9)
[^key-d6749476f4dd9db8aa683d141a125a64]: Pt. 3 inserted (1.4.2017) by The Water Supply and Sewerage Services (Customer Service Standards) (Amendment) Regulations 2017 (S.I. 2017/246), regs. 1(1), 7 (with reg. 9)
[^key-33c440ddfb58b25e3da70ee194ed2c3c]: Pt. 4 heading inserted (1.4.2017) by virtue of The Water Supply and Sewerage Services (Customer Service Standards) (Amendment) Regulations 2017 (S.I. 2017/246), regs. 1(1), 8 (with reg. 9)
[^key-529334619cbff7be0c15614e8fc81dc3]: Words in regs. 5-17 substituted (1.4.2017) by The Water Supply and Sewerage Services (Customer Service Standards) (Amendment) Regulations 2017 (S.I. 2017/246), regs. 1(1), 6(a) (with reg. 9)
[^key-4a94a5734cee6c28ac8fc71e3180920e]: Words in regs. 5-17 substituted (1.4.2017) by The Water Supply and Sewerage Services (Customer Service Standards) (Amendment) Regulations 2017 (S.I. 2017/246), regs. 1(1), 6(c) (with reg. 9)
[^key-14faa376f40dcf2e2b3509c039b22805]: Words in regs. 5-17 substituted (1.4.2017) by The Water Supply and Sewerage Services (Customer Service Standards) (Amendment) Regulations 2017 (S.I. 2017/246), regs. 1(1), 6(d) (with reg. 9)
[^key-ddc51ade794c984d2e9fc9badec24a4c]: Words in regs. 5-17 substituted (1.4.2017) by The Water Supply and Sewerage Services (Customer Service Standards) (Amendment) Regulations 2017 (S.I. 2017/246), regs. 1(1), 6(b) (with reg. 9)
[^key-2615661514000bd94abd0a71b8591b1d]: Word in reg. 4 omitted (1.4.2017) by virtue of The Water Supply and Sewerage Services (Customer Service Standards) (Amendment) Regulations 2017 (S.I. 2017/246), regs. 1(1), 4(a) (with reg. 9)
[^key-18dcda519f5a8855c9873f5dfd897a34]: Reg. 4(2) omitted (1.4.2017) by virtue of The Water Supply and Sewerage Services (Customer Service Standards) (Amendment) Regulations 2017 (S.I. 2017/246), regs. 1(1), 4(b) (with reg. 9)
[^key-74cb1034502d8c7fa15c590d4cf227b2]: Reg. 17G(1) modified (2.7.2025) by The Water Supply and Sewerage Services (Customer Service Standards) (Amendment) Regulations 2025 (S.I. 2025/662), regs. 1(3), 19
[^key-fb4aabeb1393a649e2a848b3f1df1fb6]: Reg. 17J modified (temp.) (2.7.2025) by The Water Supply and Sewerage Services (Customer Service Standards) (Amendment) Regulations 2025 (S.I. 2025/662), regs. 1(3), 14(2) (with regs. 17, 18)
[^key-4d6e1eb14613bdbf8a47c050eb5e7426]: Regs. 17J, 17JA substituted for reg. 17J (2.7.2025) by The Water Supply and Sewerage Services (Customer Service Standards) (Amendment) Regulations 2025 (S.I. 2025/662), regs. 1(3), 14(1) (with regs. 17, 18)
[^key-f35bb5b998113cba4d91df0bb2dc9e67]: Words in reg. 17A inserted (2.7.2025) by The Water Supply and Sewerage Services (Customer Service Standards) (Amendment) Regulations 2025 (S.I. 2025/662), regs. 1(3), 4(a) (with regs. 17, 18)
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