Regulation 9 Entitlement to payment or credit where supply not restored as promised

England and Wales

(1)

This regulation applies if a F1Welsh 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 F2Welsh 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.

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(c) (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)