Citation, commencement and application

1.-(1) These Regulations may be cited as the Water Supply and Sewerage Services (Customer Service Standards) (Amendment) Regulations 2000, and shall come into force on 20th September 2000.

(2) These Regulations apply to water undertakers and sewerage undertakers whose area is not wholly or mainly in Wales.

Amendment of the Water Supply and Sewerage Services (Customer Service Standards) Regulations 1989

2.-(1) The Water Supply and Sewerage Services (Customer Service Standards) Regulations 1989(3) shall be amended as follows.

(2) In regulation 2 (interpretation)-

(a)after the definition of "the 1991 Act" insert-

• ""applicable further sum" means-

  (a)

  in the case of a supply of water to domestic premises, £10;

  (b)

  in any other case, £25;

• "applicable penalty sum" means-

  (a)

  in the case of a supply of water to domestic premises, £20;

  (b)

  in any other case, £50;

• "applicable sum" means-

  (a)

  in the case of a supply of water to domestic premises, £20;

  (b)

  in any other case, £50;"; and

(b)after the definition of "customer" insert-

""domestic premises" means premises used wholly or partly as a dwelling or intended for such use;".

(3) For regulation 3 (keeping appointments) substitute-

"Keeping of appointments

3.-(1) This regulation applies where a water of sewerage undertaker decides to visit premises of a customer in connection with the provision of supplies of water, or as the case may be, of sewerage services which requires access to be afforded to the representative or for which it would otherwise be reasonable to expect the customer or a person acting on his behalf to be present on the premises.

(2) Where this regulation applies, the undertaker shall, after consulting the customer in writing or orally, give notice (whether in writing or orally) to the customer that its representative will visit premises mentioned in the notice on a date so mentioned ("the appointed day"); and that notice shall specify-

(a)where the customer so requests, a period of two hours during which the visit will be made;

(b)in any other case, whether the visit will be made not later than 1pm or after 1pm on the appointed day.

(3) Where this regulation applies the undertaker shall, except in the circumstances described in paragraph (4), pay to the customer (or credit to his account) the sum of £20 if-

(a)the notice given by the undertaker does not comply with paragraph (2);

(b)a visit is not made on the appointed day;

(c)where paragraph (2)(a) applies, a visit is not made during the period of two hours specified in the notice; or

(d)where paragraph (2)(b) applies, a visit is not made not later than or, as the case may be, after 1pm on that day as specified in the notice.

(4) The circumstances described in this paragraph are-

(a)that the customer has cancelled the appointment;

(b)that the undertaker has cancelled the appointment by giving the customer not less than 24 hours' notice (whether in writing or orally) of cancellation; or

(c)that it was impractical to make the visit on the appointed day because of-

(i)severe weather conditions;

(ii)industrial action by the undertaker's employees; or

(iii)the act or default of a person other than an officer, employee or agent of the undertaker or a person acting on behalf of its agent;

and those conditions or that action, act or default could not reasonably have been foreseen by the undertaker sufficiently early to enable it to cancel the appointment in accordance with sub-paragraph (b) or to make suitable alternative arrangements to fulfil it.

(5) For the purposes of this regulation, where an undertaker holds a record signed by a representative who was instructed to make the visit that the visit was made on the appointed day-

(a)where paragraph (2)(a) applies, during the period of two hours specified in the notice;

(b)where paragraph (2)(b) applies, not later than or, as the case may be, after 1pm;

that visit shall be regarded as having been made unless the customer establishes that the record is incorrect.".

(4) In regulation 4(2) (account queries and requests about payment arrangements)-

(a)for "£10" substitute "£20";

(b)in sub-paragraph (a), for "20 working days" substitute "10 working days"; and

(c)in sub-paragraph (b), for "10 working days" substitute "five working days".

(5) In regulation 5(2) (complaints about water or sewerage services)-

(a)for "£10" substitute "£20";

(b)for the words after "the undertaker fails" substitute "to despatch a substantive reply to the customer within 10 working days from the date of the receipt of the complaint.".

(6) In regulation 6 (notice of interruption of supply)-

(a)in paragraph (3), for "24 hours" substitute "48 hours" and for "the sum of £10" substitute "the applicable sum";

(b)in paragraph (4)(b) for the words before "for a payment" substitute "in the case of a customer whom it is impractical for the undertaker to identify as affected, that the customer has not made a claim (whether orally or in writing)"; and

(c)at the end insert-

"(5) Where a payment or credit falls to be made under this regulation without the customer making a claim for payment, then if that payment or credit is not made before the expiry of the period of 20 working days following the date on which the supply of water is cut off as described in paragraph (1), the undertaker shall pay to the affected customer (or credit to his account) the applicable penalty sum, in addition to any other payment or credit to which the customer is entitled under these Regulations."

(7) In regulation 7 (entitlement to a payment or credit where supply not duly restored)-

(a)in paragraph (2)-

(i)for "the sum of £10" substitute "the applicable sum"; and

(ii)in sub-paragraph (c) for "24 hours" substitute "12 hours";

(b)in paragraph (3)-

(i)for "a sum of £10" substitute "the applicable sum"; and

(ii)for "a further sum of £10" substitute "the applicable further sum";

(c)in paragraph (4)(iii) for the words before "for a payment" substitute "in the case of a customer whom it is impractical for the undertaker to identify as affected, that the customer has not made a claim (whether orally or in writing)"; and

(d)after paragraph (4) insert-

"(4A) Where a payment or credit falls to be made under this regulation without the customer making a claim for payment, then if that payment or credit is not made before the expiry of the period of 20 working days following the date on which the supply of water is interrupted or cut off, the undertaker shall pay to the affected customer (or credit to his account) the applicable penalty sum."

(8) In regulation 7AA (pressure standard), in paragraph (3)(b) for the words before "for a payment" substitute "in the case of a customer whom it is impractical for the undertaker to identify as affected, that the customer has not made a claim (whether orally or in writing)".

(9) In regulation 7B (flooding from sewers)-

(a)in paragraph (2), after "(or credit to his account)" insert "in respect of each such incident";

(b)delete paragraph (3)(a);

(c)in paragraph (3)(c) for the words before "for a payment" substitute "in the case of a customer whom it is impractical for the undertaker to identify as affected, that the customer has not made a claim (whether orally or in writing)"; and

(d)after paragraph (4) insert-

"(5) Where a payment or credit falls to be made under this regulation without the customer making a claim for payment, then if that payment or credit is not made before the expiry of the period of 20 working days following the date of the incident, the undertaker shall pay to the affected customer (or credit to his account) the applicable penalty sum, in addition to any other payment or credit to which the customer is entitled under these Regulations."

Revocation

3. Regulation 7A (installation of meters) of the Water Supply and Sewerage Services (Customer Service Standards) Regulations 1989 is revoked.

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Water Supply and Sewerage Services (Customer Service Standards) Regulations 1989 ("the 1989 Regulations"), which provide for customers of water and sewerage undertakers to be entitled to a payment or credit where the undertaker fails to maintain certain minimum standards of service in connection with the supply of water or sewerage services to domestic premises.

Regulation 2 makes the following amendments-

(a)it makes regulation 3 of the 1989 Regulations (keeping appointments) apply to appointments made over the telephone, and allows customers to specify a two-hour time-band for an appointment;

(b)it reduces the time limit for responding to requests under regulation 4 (account queries and requests about payment arrangements) to 5 working days (formerly 10) for requests to change payment methods, and to 10 working days (formerly 20) for written queries about the correctness of an account;

(c)it reduces the time limit for responding fully to all written complaints under regulation 5 (complaints about water or sewerage services) to 10 working days (formerly 20);

(d)it increases the notice undertakers are required to give of planned interruptions of supply under regulation 6 (notice of interruption of supply) to 48 hours (formerly 24);

(e)it reduces the period for restoring the supply under regulation 7 (entitlement to a payment or credit where supply not duly restored) to 12 hours (formerly 24);

(f)it increases the payments for household customers for standards relating to appointments, billing queries, complaints, warning notices and interruptions of supply to £20 for the first 24 hours and £10 for subsequent periods. The corresponding payments for business customers are raised to £50 and £25 respectively; and

(g)it requires companies to make payments automatically to customers affected by standards relating to interruptions of supply, warning notices and sewer flooding (regulations 6, 7 and 7B), including an additional penalty payment in the event of a claim of £20 for household customers and £50 for business customers.

Regulation 3 revokes regulation 7A (installation of meters) in consequence of amendments made by the Water Industry Act 1999 (c. 9).