Annex B – Technical briefings
The provision of technical briefings on the Inspectorate’s website is a fundamental role in relation to private water supplies currently fulfilled by the Inspectorate. The main purpose of this is to set out an interpretation of the Regulations to assist local authorities in discharging their duties as regulators in a consistent and compliant manner. However, these briefings are also made available for other stakeholders, including supply users, who may wish to understand how the Regulations apply to their specific circumstances. Technical briefings are also provided on private water supply management, water treatment, and advice which is aimed specifically at prospective buyers of premises served by a private water supply.
Regulation 8 review and revised technical briefing
In Drinking Water 2023, the Inspectorate reported that it had revised its technical briefing on regulation 8, setting out the reasons why this was necessary. This followed consultation with legal professionals to clarify what did and did not constitute a regulation 8 private water supply in law.
The review that led to this revision identified several discrepancies and inconsistencies in the wider legislation in relation to regulation 8. In 2024, the Inspectorate raised these matters with Defra as they were causing increasing concern and confusion amongst various stakeholders, including the economic regulator and local authorities. For example, it became apparent that whilst the primary legislation makes it an offence to create or extend regulation 8 private water supplies, unless exempt under specific regulations, they must nevertheless be regulated as private supplies in accordance with regulation 8 where they exist. This at first seems counterintuitive. However, this is because the purpose of the Regulations at their inception in 2010 was firstly to facilitate a means to regulate onward distribution to protect consumers, but importantly and secondly, to seek them out to remediate their unlawful nature, and in so doing make them completely obsolete in time. Unfortunately, in the absence of any supporting mechanisms in place to achieve this, these secondary intentions were overlooked and have never been actioned or realised.
This review also identified that water resale supply arrangements, which are permitted under drinking water competition legislation, must be regulated as private supplies in accordance with regulation 8. Whilst the charging for onward distribution of water by a third party in this way is controlled by The Water Resale Order 2006, their creation or extension is nevertheless an offence under section 66(I) of The Water Industry Act 1991 (the Act). New Appointment and Variation (NAV) supply systems (Insets) also involve the resale and onward distribution of water from a water company’s supply system by a third party. However, they differ in that they are provided under licence by the economic regulator. This makes them public supplies, which are regulated by the Inspectorate. Any further distribution of a NAV’s system by someone other than the NAV, would however constitute a regulation 8 supply on its creation, and an offence under the Act.
Regulation 8 is itself difficult to apply in that it does not set clear criteria to determine where the further distribution of water by someone other than a water company is in scope and where it is not. Furthermore, the Regulations currently make no provision for local authorities to charge and recover some of the costs of their activities in association with regulation 8 supplies. These matters create confusion and frustration for stakeholders, leading to numerous enquiries and pleas to the Inspectorate to facilitate changes to the legislation, which it has no powers to do.
In 2024, as well as meeting with Defra colleagues to raise awareness of the apparent misalignment of legislation, the Inspectorate also presented at various stakeholder fora to explain the legislation and help provide some clarity. These included those made to The Chartered Institute of Environmental Health, Water Regs UK and several water company health liaison meetings.
In 2025, The Water Health Partnership in Wales initiated plans to develop guidance on the application of regulation 8. This intends to establish a consistency of approach between the local authorities and water companies in Wales. The Inspectorate is represented on this ‘task and finish’ group.