- Enforced by
- Environment Agency, CMA, Ofwat, DWI, OEP, Mining Remediation Authority, NRW
- Status
- Amended (in force with amendments)
- Penalty ceiling
- Imprisonment 28 of 206 obligations carry an unlimited fine. 25 carry different penalties and 153 have no criminal penalty — flagged in the list below.
Does it bind you?
Business-side roles with duties under this instrument.
Plus 68 duties on the regulator, Crown ministers and public bodies — folded into the section list below.
Other Acts binding the same actors
If a role above is yours, these are the other instruments that most often bind it.
Any Person — also bound by 2340 other Acts
Statutory Undertaker — also bound by 179 other Acts
Licence Holder — also bound by 225 other Acts
Occupier — also bound by 235 other Acts
Trader — also bound by 825 other Acts
Director or Officer — also bound by 429 other Acts
Applicant — also bound by 307 other Acts
Employer — also bound by 682 other Acts
Distributor — also bound by 182 other Acts
What it requires
Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.
PRELIMINARY
1 of 8 sections shown- Protect the environment and provide recreation on water-associated landStatutory Undertaker
7 other sections in this Part — procedural and definitional
Regulation of provision of infrastructure
1 of 7 sections shown- Water and sewerage undertakers must put specified projects out to tenderStatutory Undertaker
6 other sections in this Part — procedural and definitional
APPOINTMENTMENT AND REGULATION OF UNDERTAKERS
35 of 104 sections shown- Comply with conditions and statutory duties as water/sewerage undertakerTrader
Other duties (1) — Crown / regulator
- Secretary of State must ensure continuous water and sewerage coverageCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Secretary of State and Ofwat must protect interests of outgoing water companiesCrown / Minister / Government department
Other duties (1) — Crown / regulator
- CMA must determine price control disputes and water appointment questionsStatutory regulator
Other duties (1) — Crown / regulator
- CMA must determine water abstraction appeals based on specific criteriaTribunal / Court
Other duties (1) — Crown / regulator
- CMA must quash or remit decisions when allowing water industry appealsTribunal / Court
Other duties (1) — Crown / regulator
- CMA must determine water industry appeals within set time limitsStatutory regulator
Other duties (1) — Crown / regulator
- CMA must provide reasons and publish appeal determinationsStatutory regulator
Other duties (1) — Crown / regulator
- Secretary of State must follow procedures when modifying water appointmentsCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Ofwat must notify water companies of CMA modification referencesStatutory regulator
Other duties (1) — Crown / regulator
- CMA and Ofwat must follow specific procedures for water license reportsStatutory regulator
Other duties (1) — Crown / regulator
- Welsh Ministers must follow specific procedures when modifying water appointmentsCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Ofwat must publish and distribute guidance for water licenseesStatutory regulator
- Comply with Ofwat requirements when applying for a water or sewerage licenceAny Person
Other duties (1) — Crown / regulator
- Ofwat must forward water/sewerage licence applications to Scottish regulatorsStatutory regulator
Other duties (1) — Crown / regulator
- Ofwat must follow specific procedures to modify water or sewerage licencesStatutory regulator
Other duties (1) — Crown / regulator
- Ofwat must follow specific procedures to modify water or sewerage licencesStatutory regulator
Other duties (1) — Crown / regulator
- Ofwat must notify licence holders of competition authority referencesStatutory regulator
Other duties (1) — Crown / regulator
- CMA must report on water licence modification referencesStatutory regulator
- Comply with water industry enforcement ordersAny Person
- Water companies cannot be wound up or enter administration normallyLicence Holder
Other duties (1) — Crown / regulator
- Ofwat must monitor water and sewerage companies and provide adviceStatutory regulator
Other duties (1) — Crown / regulator
- Ofwat and the Consumer Council must cooperate and exchange informationStatutory regulator
Other duties (1) — Crown / regulator
- Consumer Council for Water must prioritize vulnerable and rural consumersStatutory regulator
Other duties (1) — Crown / regulator
- CCW must monitor water consumer interests and viewsStatutory regulator
Other duties (1) — Crown / regulator
- Consumer Council for Water must provide information to water consumersStatutory regulator
Other duties (1) — Crown / regulator
- Consumer Council for Water must provide information to authorities on requestStatutory regulator
Other duties (1) — Crown / regulator
- Consumer Council for Water must investigate and mediate customer complaintsStatutory regulator
Other duties (1) — Crown / regulator
- Ofwat must consult the Consumer Council for Water on its functionsStatutory regulator
Other duties (1) — Crown / regulator
- Ofwat must send copies of published notices to the Consumer Council for WaterStatutory regulator
Other duties (1) — Crown / regulator
- Ofwat and CMA must share powers to enforce competition in water servicesStatutory regulator
Other duties (1) — Crown / regulator
- CMA must investigate water and sewerage company mergersStatutory regulator
- Disclose director pay linked to company performanceTrader
Other duties (1) — Crown / regulator
- Ofwat must consult before making rules on remuneration and governanceStatutory regulator
Other duties (1) — Crown / regulator
- Ofwat must ensure water companies publish an annual financial overviewStatutory regulator
69 other sections in this Part — procedural and definitional
WATER SUPPLY
48 of 146 sections shown- Maintain and develop an efficient water supply systemStatutory Undertaker
Unlimited fine
- Prepare, publish, and maintain a water resources management planStatutory Undertaker
- Water undertakers must draft and publish water management plansStatutory Undertaker
- Provide information to water undertakers for resource planningLicence Holder
- Comply with directions regarding water resources management plansStatutory Undertaker
Other duties (1) — Crown / regulator
- The Consumer Council for Water must publish complaint statisticsStatutory regulator
- Prepare, maintain and regularly review a drought planStatutory Undertaker
Unlimited fine
- Provide drought planning information to water undertakersLicence Holder
Other duties (1) — Crown / regulator
- Ofwat must follow specific procedures before issuing bulk water supply codesStatutory regulator
- Notify Ofwat if water supply charges are reduced under a bulk agreementStatutory Undertaker
Other duties (1) — Crown / regulator
- Ofwat must consult and seek government approval before setting water supply rulesStatutory regulator
- Provide information about bulk water supply agreements upon requestDistributor
- Water companies must provide water mains when requestedStatutory Undertaker
- Water companies must connect your premises to the water mainStatutory Undertaker
- Water companies must perform ancillary works for domestic connectionsStatutory Undertaker
Other duties (1) — Crown / regulator
- Ofwat must consult before issuing water main vesting codesStatutory regulator
Other duties (1) — Crown / regulator
- Ofwat must consult before issuing water charging rulesStatutory regulator
Other duties (1) — Crown / regulator
- Ofwat must ensure water mains are adopted before connectionStatutory regulator
- Meet utility conditions before receiving a domestic water supplyAny Person
- Maintain water supply and connections for domestic consumersStatutory Undertaker
- Water companies must provide water for non-domestic purposes on requestStatutory Undertaker
- Fail to meet fire‑fighting water supply dutiesAny Person
Unlimited fine
- Water undertakers must disconnect supply at your requestStatutory Undertaker
- Use limiting devices to enforce payment of water chargesAny Person
- Use water-limiting device to force paymentAny Person
Fine up to £1,000
- Maintain constant water supply and minimum pressureStatutory Undertaker
Unlimited fine
- Water undertaker must supply water to licensed retailers on requestStatutory Undertaker
Other duties (1) — Crown / regulator
- Ofwat must consult before issuing water supply codesStatutory regulator
- Water undertakers must notify Ofwat of reduced chargesStatutory Undertaker
Other duties (1) — Crown / regulator
- Ofwat must consult before setting rules on water chargingStatutory regulator
- Unauthorised use of water supply systemAny Person
Unlimited fine
- Introduce water into a supply system without authorisationAny Person
Unlimited fine
- Ensure water supply is wholesome and quality does not deteriorateLicence Holder
- Breach of water quality preservation regulationsAny Person
Unlimited fine
- Supply water unfit for human consumptionEmployer
Unlimited fine
- Cause waste of water from wells or over‑abstract waterAny Person
- Waste or over-abstract water from a well or boreholeAny Person
Fine up to £1,000
- Contaminate a water source used for drinking or food productionAny Person
- Pollute water used for human consumption or food manufacturingAny Person
- Fail to maintain water fittings or misuse water supplyOccupier
Fine up to £1,000
- Breach of water‑fitting or contamination regulationsAny Person
- Breach water fittings regulations (contamination/waste)Any Person
Unlimited fine
- Fail to serve a required notice under section 75Any Person
- Water undertaker fails to serve emergency disconnection noticeAny Person
Fine up to £1,000
- Contravene a temporary water use banAny Person
- Use water in breach of a temporary banAny Person
Fine up to £1,000
Other duties (1) — Crown / regulator
- Local authorities must monitor the quality and sufficiency of water suppliesLocal authority
Other duties (1) — Crown / regulator
- Local authorities must notify water companies of supply quality or safety issuesLocal authority
- Water undertakers must provide emergency non-piped water if supplies are unsafeStatutory Undertaker
- Fail to provide information requested by local authorityAny Person
Unlimited fine
- Co‑operate with drinking‑water inspectorsTrader
- Establish and publish a formal water supply complaints procedureStatutory Undertaker
- Use only approved chemicals for water fluoridationStatutory Undertaker
Other duties (1) — Crown / regulator
- Relevant authorities must monitor and report on health effects of fluoridationCrown / Minister / Government department
98 other sections in this Part — procedural and definitional
Promotion of the Efficient Use of Water
1 of 4 sections shown- Promote the efficient use of water to your customersLicence Holder
3 other sections in this Part — procedural and definitional
SEWERAGE SERVICES
86 of 132 sections shown- Maintain and extend public sewerage systems for effective drainageStatutory Undertaker
- Prepare and maintain a drainage and sewerage management planStatutory Undertaker
- Sewerage undertakers must comply with government directions on management plansStatutory Undertaker
Other duties (1) — Crown / regulator
- The Consumer Council for Water must publish complaint statisticsStatutory regulator
- Upgrade sewage plants to meet nutrient pollution standardsStatutory Undertaker
Other duties (1) — Crown / regulator
- Secretary of State must publish maps and lists of nutrient sensitive areasCrown / Minister / Government department
- Water companies must provide public sewers or drains upon requestStatutory Undertaker
amended 2 times
amended 1 time
amended 1 time
- Notify and obtain consent before adopting cross-border sewersStatutory Undertaker
- Sewerage undertakers must adopt sewers and drains under statutory schemesStatutory Undertaker
amended 7 times
amended 7 times
amended 7 times
amended 7 times
amended 7 times
amended 7 times
amended 7 times
amended 7 times
amended 7 times
Other duties (1) — Crown / regulator
- Ofwat must consult before issuing sewerage charging rulesStatutory regulator
amended 7 times
amended 7 times
amended 7 times
amended 196 times
amended 196 times
- Make a sewer connection after undertaker noticeAny Person
Fine up to £2,500 · amended 8 times (opens in a new tab)
- Notify and assist the sewer undertaker when connecting to public sewersAny Person
Unlimited fine · amended 1 time (opens in a new tab)
- Make unlawful connection to public sewerAny Person
- Unlawfully connecting a drain or sewer to a public sewerAny Person
Fine up to £2,500
Other duties (1) — Crown / regulator
- Ofwat must consult on and seek Ministerial approval for sewerage codesStatutory regulator
- Sewerage undertakers must notify Ofwat of cost-saving charge reductionsStatutory Undertaker
Other duties (1) — Crown / regulator
- Ofwat must consult and seek government approval before setting charging rulesStatutory regulator
- You may be liable for losses caused by breaching interim sewerage dutiesLicence Holder
- Discharge prohibited matter into public sewersAny Person
2 years imprisonment · amended 4 times (opens in a new tab)
- Establish and publish a formal complaints procedureStatutory Undertaker
amended 2 times
- Deal with sewerage matter requested by a retail licenseeStatutory Undertaker
amended 2 times
amended 2 times
amended 2 times
amended 2 times
amended 2 times
amended 2 times
amended 2 times
amended 2 times
amended 2 times
amended 2 times
amended 2 times
amended 2 times
amended 2 times
amended 2 times
- Unauthorised use of sewerage systemAny Person
Unlimited fine · amended 2 times
- Remove matter from sewerage system without permissionAny Person
- Remove sewage matter without authorisationAny Person
Unlimited fine · amended 2 times
amended 2 times
amended 2 times
- Discharge trade effluent into public sewer without consentOccupier
Unlimited fine · amended 9 times (opens in a new tab)
- Fail to refer special category effluent application to agencyAny Person
Unlimited fine · amended 5 times (opens in a new tab)
- Breach conditions of trade effluent consentOccupier
Unlimited fine · amended 3 times (opens in a new tab)
Other duties (1) — Crown / regulator
- Ofwat must refer special effluent issues to the Environment Agency during appealsStatutory regulator
Other duties (1) — Crown / regulator
- Sewerage undertakers must pay compensation for early discharge variationsStatutory regulator
- Fail to refer special‑category effluent agreement to the appropriate agencyAny Person
Unlimited fine · amended 5 times (opens in a new tab)
Other duties (1) — Crown / regulator
- Regulators must consult and notify businesses during effluent reviewsStatutory regulator
- Fail to act on a regulator’s sewerage noticeAny Person
Unlimited fine · amended 3 times (opens in a new tab)
Other duties (1) — Crown / regulator
- Regulators must compensate businesses for losses caused by health reviewsStatutory regulator
- Fail to provide information or give false data on special effluentAny Person
- Fail to provide or give false information to water regulator about special category effluentAny Person
Unlimited fine
amended 2 times
Other duties (1) — Crown / regulator
- Secretary of State must publish progress reports on storm overflowsCrown / Minister / Government department
amended 2 times
- Publish annual reports on storm overflow dischargesStatutory Undertaker
Unlimited fine · amended 2 times
Other duties (1) — Crown / regulator
- Environment Agency must publish annual reports on storm overflow operationsStatutory regulator
amended 2 times
amended 2 times
amended 2 times
amended 2 times
46 other sections in this Part — procedural and definitional
FINANCIAL PROVISIONS
33 of 33 sections shownamended 7 times
amended 7 times
Other duties (1) — Crown / regulator
- Secretary of State must consult before changing water company chargesCrown / Minister / Government department
amended 7 times
Other duties (1) — Crown / regulator
- Ofwat must set and maintain rules for water and sewerage charging schemesStatutory regulator
amended 7 times
amended 7 times
amended 7 times
amended 7 times
amended 2 times
amended 2 times
amended 2 times
amended 2 times
amended 2 times
amended 2 times
amended 2 times
Other duties (1) — Crown / regulator
- Ministers must issue charging guidance and consult affected businessesCrown / Minister / Government department
amended 2 times
amended 2 times
- Do not charge more than the maximum set for water or sewerage servicesTrader
- Notify customers before starting court proceedings for unpaid billsStatutory Undertaker
amended 5 times
amended 5 times
amended 3 times
amended 3 times
UNDERTAKERS ’ POWERS AND WORKS
30 of 38 sections shown- Discharge contaminated water during worksAny Person
Fine up to £1,000 · amended 1 time (opens in a new tab)
- Discharge without consent or breach of consent conditionsAny Person
- Fail to comply with water discharge consent requirementsAny Person
Fine up to £1,000 · amended 4 times (opens in a new tab)
- Impersonate authorised entry to water premises or vesselsAny Person
Fine up to £2,500
- Tamper with water or sewerage meterAny Person
Fine up to £1,000 · amended 9 times (opens in a new tab)
- Obstruct sewerage works or related activitiesAny Person
- Wilfully obstruct sewerage worksAny Person
Fine up to £200
Other duties (1) — Crown / regulator
- Ofwat must investigate complaints about works on private landStatutory regulator
Fine up to £5,000 · amended 2 times (opens in a new tab)
- Create and follow a code of practice for work on private landStatutory Undertaker
- Water companies must move pipes if requested for land improvementsStatutory Undertaker
- Get Secretary of State approval before tidal-area worksStatutory Undertaker
- Provide recreational facilities when building reservoirs in WalesStatutory Undertaker
8 other sections in this Part — procedural and definitional
Further provision about regulation
3 of 3 sections shownamended 1 time
amended 1 time
amended 1 time
INFORMATION PROVISIONS
21 of 21 sections shownOther duties (1) — Crown / regulator
- Ofwat and CCW must publish annual forward work programmesStatutory regulator
amended 1 time
amended 1 time
Other duties (1) — Crown / regulator
- Ofwat must maintain a public register of water industry licences and ordersStatutory regulator
amended 25 times
- Sewerage undertakers must maintain public registers of trade effluent consentsStatutory Undertaker
- Fail to keep required works‑discharge registerAny Person
Fine up to £1,000
- Maintain and provide public access to maps of waterworksStatutory Undertaker
- Sewerage undertakers must maintain and publish maps of the sewer networkStatutory Undertaker
- Provide up-to-date sewer maps to local authoritiesStatutory Undertaker
- Provide information to the Secretary of State upon requestStatutory Undertaker
Unlimited fine · amended 14 times (opens in a new tab)
- Destroy or suppress documents required under enforcement noticeAny Person
- Fail to comply with information noticeAny Person
Unlimited fine · amended 9 times (opens in a new tab)
- Fail to provide information about trade effluent dischargesOccupier
- Fail to provide information to sewerage undertakerOccupier
Fine up to £1,000
- Share meter readings with other water or sewerage service providersAny Person
amended 14 times
amended 14 times
amended 14 times
- Unauthorised disclosure of water‑industry informationAny Person
- Unlawfully disclose confidential business informationAny Person
2 years imprisonment · amended 49 times (opens in a new tab)
- Provide false information to water regulatorAny Person
Unlimited fine · amended 1 time (opens in a new tab)
MISCELLANEOUS AND SUPPLEMENTAL
12 of 17 sections shownamended 3 times
- Be personally liable for a corporation’s water offenceDirector or Officer
Unlimited fine
5 other sections in this Part — procedural and definitional
Schedules
41 of 223 shown- Wilfully obstruct entry by water authorityAny Person
Fine up to £200
Other duties (1) — Crown / regulator
- Sewerage undertakers must convert old 'deemed' effluent consents into actual onesStatutory regulator
- Carry out street works without consent of railway or navigation authorityAny Person
- Carry out street works without required consentAny Person
Fine up to £1,000
- Fail to provide information or assistance to regulatorAny Person
Unlimited fine
- Fail to provide information to Secretary of State or AuthorityAny Person
Unlimited fine
- Ensure effective transfer of foreign property, rights or liabilities under a water schemeAny Person
- Ensure supplied premises are non-household and meet threshold for restricted retail authorisationLicence Holder
- Obtain wholesale authorisation; don't use disposal auth to remove matterLicence Holder
- Follow the CMA appeal permission process for water licence modificationsAny Person
- Fail to provide evidence or give false information in water appealsAny Person
Unlimited fine
- Pay appeal costs ordered by the appeal panel within 28 daysAny Person
- Produce and update a proposal when a special administration order is madeDirector or Officer
Other duties (1) — Crown / regulator
- Special administrator must manage company according to proposalsTribunal / Court
Other duties (1) — Crown / regulator
- Consumer Council for Water must publish annual activity and progress reportsStatutory regulator
Other duties (1) — Crown / regulator
- Secretary of State and Assembly must fund the Consumer Council for WaterCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Council must comply with Secretary of State's financial duty noticesStatutory regulator
Other duties (1) — Crown / regulator
- Council must prepare and send annual statement of accountsCrown / Minister / Government department
Other duties (1) — Crown / regulator
- CMA must state if merger reference was lateStatutory regulator
Other duties (1) — Crown / regulator
- Relevant authority must compensate for loss or damage from designated person's actionsStatutory regulator
- Intentionally obstruct an authorised personAny Person
Fine up to £1,000
- Obstruct a person with legal right of entryAny Person
Fine up to £200
- Disclose trade secrets obtained during premises inspectionAny Person
Unlimited fine
- Do not enter premises without notice or emergencyAny Person
- Show your designation before exercising water industry inspection powersAny Person
Other duties (1) — Crown / regulator
- Authority must hear appeals against sewerage undertaker notices and give directionsStatutory regulator
- Publish and consult on proposed byelaws before seeking confirmationStatutory Undertaker
- Make confirmed water byelaws available for public inspection and copiesStatutory Undertaker
- Publish and serve notices when applying for a compulsory works orderStatutory Undertaker
- Provide copies of draft compulsory works orders on requestStatutory Undertaker
- Publish and serve notice after obtaining a compulsory works orderStatutory Undertaker
- Pay compensation for land depreciation and loss caused by compulsory works orderApplicant
- Compensate for damage caused during pipe-laying or street worksStatutory Undertaker
- Do as little damage as possible and pay compensation when working on streetsStatutory Undertaker
Other duties (1) — Crown / regulator
- Upper Tribunal must determine disputed compensation claimsTribunal / Court
- Pay compensation for damage caused by sewerage worksStatutory Undertaker
- Compensate for damage caused by water company worksStatutory Undertaker
- Minimise loss and damage when exercising powers and pay compensationStatutory Undertaker
- Break up controlled street without consentAny Person
Fine up to £1,000
- Give 30 days' notice before working mines or minerals near water infrastructureStatutory Undertaker
- Pay mine and mineral owners for losses caused by water infrastructureStatutory Undertaker
- Fail to comply with appeal requirements or give false statementsAny Person
182 other schedules
Help complying
Guvnor’s practical routes through this instrument.
Environmental compliance for manufacturers
A comprehensive introduction to environmental compliance for manufacturing businesses. Covers permits, air emissions, water discharge, waste management, and packaging obligations.
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Complete learning path for property developers and contractors working on drainage and utilities infrastructure. Covers Approved Document H drainage design, sewer adoption …
Start a brewery or distillery
Launch a brewery, distillery, winery, or cidery in the UK
Start a food manufacturing business
Set up a food or drink production and manufacturing business
Quick check: running a food business in Wales
Quick compliance check for Wales-specific food business obligations. Covers mandatory hygiene ratings, food waste separation, registration, and environmental permits.
Water Framework Directive compliance for businesses
Complete compliance pathway for businesses whose activities may affect water body status — from understanding the WFD framework through identifying which licences, …
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How to get new sewers adopted by the water and sewerage company under Section 104 of the Water Industry Act 1991. Covers …
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How to design and install foul and surface water drainage that meets Approved Document H requirements. Covers pipe sizing, gradients, access points, …
Design and construct SuDS for new developments
How to design and construct sustainable drainage systems (SuDS) for new developments. Covers CIRIA C753 design principles, SuDS component types, the regulatory …
Drainage and utilities compliance checklist
Pre-start compliance checklist for drainage and utility infrastructure works. Covers Section 104 sewer adoption, Approved Document H, confined space permits, cable avoidance, …
Environmental permits for food businesses in Wales
How to identify and apply for the environmental permits your food business needs from Natural Resources Wales (NRW). Covers trade effluent consent, …
Trade effluent consent for discharging to sewers
How to get consent from your water company to discharge trade effluent into public sewers. Covers what counts as trade effluent, when …
Water management and drought resilience for businesses
How drought conditions affect businesses, including water company restrictions, temporary use bans, drought orders, abstraction licence restrictions, and practical steps to build …
13 more guides that reference this instrument
Connected legislation
Instruments made under this Act. They carry the detail the Act delegates.
Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.