Explanatory note

Section 51A of the Water Industry Act 1991 (c. 56) (“the 1991 Act”) provides that a water undertaker may agree with a person constructing or proposing to construct a water main or service pipe (“the developer”) that it will adopt the main or pipe under certain conditions. If such agreement cannot be reached, under section 51B either the undertaker or the developer may request that the Water Services Regulation Authority (“Ofwat”) require the undertaker to adopt the main or pipe. However, Ofwat may not require this if there is a contravention of prescribed statutory requirements imposed under section 74 of the 1991 Act.

These Regulations prescribe those statutory requirements as being regulations 3 and 4 of the Water Supply (Water Fittings) Regulations 1999 (S.I. 1999/1148) (made under section 74 of the 1991 Act). The requirements include general quality and standards of the mains or pipes and standards of workmanship, as well as the prevention of waste, misuse, undue consumption or contamination of the water supplied.

No impact assessment has been prepared in respect of these Regulations. An impact assessment for the Water Act 2014 (c. 21) (“the 2014 Act”) was prepared and placed in the library of each House of Parliament during the parliamentary passage of the 2014 Act. This included an assessment of the provisions concerning the provision of new water infrastructure. Copies can be obtained from Water Services, the Department for Environment, Food and Rural Affairs, Nobel House, 17 Smith Square, London SW1P 3JR or alongside the 2014 Act on www.legislation.gov.uk.