Regulation 12 Flooding from sewers—external flooding

England and Wales

(1)

Effluent from a sewer that is vested in a F1Welsh 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 F2Welsh 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.

Annotations

Textual amendments

F1: 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)
F2: 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)

Notes on Part 2

Textual amendments

F1: 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)