The Water Industry (Prescribed Conditions) Regulations 1999

• Citation: S.I. 1999/3442
• Sections: 3

Section 1 Citation, commencement and application

(1) These Regulations may be cited as the Water Industry (Prescribed Conditions) Regulations 1999 and shall come into force on 1st April 2000.

(2) These Regulations do not apply to any water or sewerage undertaker whose area is wholly or mainly in Wales .

Section 2 Prescribed conditions

The conditions prescribed under sections 144A(5)(b) (additional conditions for revoking a measured charges notice) and 144B(1)(c) (additional conditions for changes in the basis of charging) 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 ;

(v) in a unit which incorporates reverse osmosis; and

(c) the premises are not in an area which has been determined by the Secretary of State to be an area of water scarcity for the purposes of these Regulations under regulation 3 below.

Section 3 Areas of water scarcity

(1) The Secretary of State may, on the application of a water undertaker, determine an area to be an area of water scarcity for the purposes of these Regulations if he 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 shall have effect for such period as may be specified by the Secretary of State and may be revoked by him.

(3) Before making or revoking a determination under this regulation, the Secretary of State shall consult–

(a) the Director;

(b) the Environment Agency; and

(c) bodies appearing to him to be representative of the customers of water and sewerage services in the relevant area.