Water Supply Industry Interpretations and Advice

  • Area of Interest : Non-compliance
  • Topic : Timescale for improvements
  • Title : Proportionality and timescales in requiring compliance
  • Clause Reference : Schedule 2 paragraph 15 & 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 Water Supply (Water Fitings) Regulations, Byelaws in Scotland, 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:-

  1. less than fluid category 5;
  2. the provision of additional temporary protection as an interim measure, where appropriate;
  3. 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/Byelaws.