The Water Industry (Prescribed Conditions) (Undertakers Wholly or Mainly in Wales) Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

Section 144A of the Water Industry Act 1991 (“the Act”) enables a consumer to serve a notice upon a water undertaker requiring the undertaker to fix charges in respect of the water supply to the consumer’s home by reference to the volume of water supplied. It also provides that a consumer may revoke such a notice where certain conditions in that section, and any additional conditions prescribed by regulations, are satisfied.

Section 144B of the Act enables a water or sewerage undertaker, subject to certain conditions, to begin fixing charges by reference to volume where the consumer has consented or there has been a change in the occupation. This power is subject to certain conditions in that section, and to any additional conditions prescribed by regulations.

Section 213(2) of the Act enables the inclusion of certain provisions in regulations made under the Act.

The power to make regulations for the above purposes is vested in the National Assembly for Wales in relation to water or sewerage undertakers whose areas are wholly or mainly in Wales.

These Regulations, which apply in relation to such undertakers, prescribe additional conditions which must be satisfied before a consumer may revoke his notice under section 144A, and before a relevant undertaker may begin fixing charges by reference to volume under section 144B.