Office of Public Sector Information

Regulation 18

THE SCHEDULE Regulations revoked

EXPLANATORY NOTE

(This note is not part of the Order)

Sections 38 and 39 of the Water Industry Act 1991 (“the Act”) authorise the Secretary of State to make regulations by statutory instrument setting out service standards that must be met by water undertakers, and sections 95 and 96 make similar provision in relation to sewerage undertakers. The regulations may provide for payments to be made to customers for failure to meet the prescribed standards. The power to make such standards in relation to water undertakers and sewerage undertakers whose areas are wholly or mainly in Wales was devolved to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999, SI 1999/672, article 2(a), Schedule 1 (as amended by the National Assembly for Wales (Transfer of Functions) Order 2000, SI 2000/253, article 4, Schedule 3(e)). By virtue of section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32), functions conferred on the National Assembly for Wales are exercisable by the Welsh Ministers.

The new Regulations revoke the existing Water Supply and Sewerage Services (Customer Service Standards) Regulations 1989. The new Regulations provide a consolidated text, in revised language, of the revoked Regulations, but extend the rights of customers to payments for flooding of customers’ land or property by sewer overflowing. In addition, the standards of performance to be met and the payments to be made by undertakers whose areas are wholly or mainly in England have also now been applied to undertakers whose areas are wholly or mainly in Wales. Formerly there were different standards of performance for, and payments by, undertakers whose areas are wholly or mainly in Wales.