Water Supply Industry Interpretations and Advice

Area of Interest: Non-compliance

Topic: Crown immunity

Title: Application of the regulations to premises previously covered by Crown immunity

Regulation/Byelaw Clause Reference: Regulation 2(2)

Reference Number:  NC01

Decision Date: October 2002

It is considered likely that any properties that had been under Crown immunity had been instructed by their authorities to comply with the then current byelaws, but in the instances of infringements relating to the risk of contamination, modifications could be required. Other improvements could be required only where installation or modification took place after 1st December 2000, when Crown immunity was withdrawn by the Government.

Topic: Timescale for improvements

Title: Proportionality and timescales in requiring compliance

Regulation/Byelaw Clause Reference: G15.3

Reference Number:  NC02

Decision Date: October 2002

Where a Water Supplier required improvements to a plumbing system which failed to comply with the requirements for backflow protection, taking into account the Water Supplier’s duty of “due diligence” to enforce the Regulations, it is acceptable to apply a pragmatic approach to the timescale for completion of the improvements where they involved technically-complex or expensive solutions, subject to the level of risk of backflow being:-

(i) less than fluid category 5;
(ii) the provision of additional temporary protection as an interim measure, where appropriate;
(iii) an agreement that the required improvements would be completed by an agreed date.

In the event that the premises user refused to honour the agreement and declined to install a new machine at the appointed time, legal proceedings might have to be undertaken to enforce the Regulations.