NOTICE OF PROPOSAL TO CONFIRM A PROVISIONAL ORDER

Anglian Water Services Limited

Notice under section 20 of the Water Industry Act 1991 (as amended)

The Secretary of State for Environment, Food and Rural Affairs gives notice as required by section 20(1) of the Water Industry Act 1991 that –

1. he proposes to confirm the Provisional Enforcement Order dated (19 January 2026) (“the Order”) made under section 18 of the Water Industry Act 1991 (‘the Act’) prohibiting Anglian Water Services Ltd (‘the company’) from supplying water for the purposes of regulation 4(1) of the Water Supply (Water Quality) Regulations 2016 (‘the Regulations’) from the Lincoln to Grantham (L2G) section of the Strategic Pipeline Alliance (SPA) Main;
2. the purpose of confirming the Order would be to secure compliance with regulation 31(1) of the Regulations;
3. the Drinking Water Inspectorate (‘the Inspectorate’) were informed of the inappropriate use of Acothane DW (DWI approval reference 56/4/1059) to repair sections of the L2G, SPA Main, constructed of Noksel Steel Water Pipe (DWI approval reference 56/4/1192). Whilst both products hold approval under Regulation 31(4)(a), all use of such products must be in accordance with the conditions of approval. The products have not been approved to be used in conjunction, in this manner. The company was issued with testing to confirm compliance with regulation 31(1) of the Regulations in relation to the materials in contact with drinking water within the L2G section of the SPA Main;
4. the company has not completed the required testing and is therefore unable to evidence compliance with regulation 31(1). The Secretary of State does not consider that the exemption at regulation 31(2) applies);
5. he considers that confirmation of the Order is justified as the inappropriate and unapproved use of materials in contact with water intended for human consumption, as detailed in the Order, could pose an immediate risk to human health;
6. in the event that the Order is confirmed its effect is to place the company under a statutory obligation to comply with the steps and reporting required under the schedule of works associated with the Order. The obligation to comply with an enforcement order is a duty owed to any person who may be affected by a contravention of the order (section 22(1) of the Act). Please note that any breach of this duty may render the company actionable for any loss or damage caused by non-compliance by a person affected, subject to the statutory defence under section 22(3) of the Act. Failure to comply may also result in civil proceedings being brought against the company by the Chief Inspector in respect of any contravention or apprehended contravention for an injunction or for any other appropriate relief (section 22(4) of the Act).
7. representations or objections with respect to the confirmation of the Order may be made by 5:00pm on 16 February 2026 and should be addressed to Marcus Rink, Chief Inspector of Drinking Water at DWI.Enforcement@defra.gov.uk.

Signed by authority of the Secretary of State for Environment, Food and Rural Affairs

Marcus Rink
Chief Inspector of Drinking Water

Date: 19 January 2026
Reference: ANH-2025-00027

 

PROVISIONAL ENFORCEMENT ORDER – SECTION 18 WATER INDUSTRY ACT 1991

Anglian Water Services Limited

WHEREAS-

1. The Secretary of State for Environment, Food and Rural Affairs (‘the Secretary of State’) is the relevant Enforcement Authority for the purposes of sections 18(6) and 19(2) of the Water Industry Act 1991 (‘the Act’):
2. Anglian Water Services Ltd. (‘the company’) has been appointed by the Secretary of State as a water undertaker under Chapter I of Part II of the Act;
3. the company is subject to the legislative requirements imposed on water undertakers, including the requirements of the Water Supply (Water Quality) Regulations 2016 (‘the Regulations’) (see section 6(2)(a) of the Act);
4. regulation 31(1) of the Regulations states that a water undertaker or combined licensee must not apply any substance or product to, or introduce any substance or product into, water which is to be supplied for regulation 4(1) purposes, unless one of the requirements of regulation 31(4) is satisfied;
5. the Drinking Water Inspectorate (‘the Inspectorate’) were informed of the inappropriate use of Acothane DW (DWI approval reference 56/4/1059) to repair sections of the SPA Main between Lincoln and Grantham, constructed of Noksel Steel Water Pipe (DWI approval reference 56/4/1192). Whilst both products hold approval under Regulation 31(4)(a), all use of such products must be in accordance with the conditions of approval. The products have not been approved to be used in conjunction, in this manner. The company was issued with testing to confirm compliance with regulation 31(1) of the Regulations in relation to the materials in contact with drinking water within the Lincoln to Grantham section of the SPA Main;
6. the company has not completed the required testing and is therefore unable to evidence compliance with regulation 31(1). The Inspectorate does not consider that the exemption at regulation 31(2) applies;
7. the company was notified on 19 January 2026 of the Secretary of State’s intention to make a Provisional Enforcement Order under section 18 of the Act in respect of the likely contravention of regulation 31(1) of the Regulations;
8. the Secretary of State has had regard to the extent to which any person is likely to sustain loss or damage in consequence of a failure to comply with regulation 31(1) of the Regulations. The Secretary of State considers that the inappropriate and unapproved use of materials in contact with drinking water could pose an immediate risk to human health which justifies the making of a provisional enforcement order in this case;

NOW THEREFORE –

1. This Provisional Enforcement Order under section 18(2) of the Act takes immediate effect.
2. The company is prohibited from supplying water for the purposes of regulation 4(1) of the Regulations, from or through the Lincoln to Grantham section of the SPA Main, unless and until notified by the Secretary of State that she is satisfied that the company has complied with regulation 31(1) of the Regulations.
3. A Schedule of Works and reporting requirements relating to compliance are set out in the attached Schedule.

Signed by authority of the Secretary of State for Environment, Food and Rural Affairs

Marcus Rink
Chief Inspector of Drinking Water

19 January 2026
Reference: ANH-2025-00027

Schedule of Works

Anglian Water Services Limited – SPA Main

Date: 19 January 2026

Reference: ANH-2025-00027

Version Number: 1

Water undertaker as appointed under section 6 of the Water Industry Act 1991 (as amended) (‘the Act’): Anglian Water Services Limited, with registered number 02366656 (hereinafter called ‘the Company’).

Water Treatment Works and Connected Supply System

• Lincoln to Grantham (L2G) section of the Strategic Pipeline Alliance (‘SPA Main’)

Nature of Contravention and its cause

The company have used materials within the Lincoln to Grantham section of the SPA Main contrary to the manufacturer’s instructions for use and the conditions of approval stipulated on behalf of the Secretary of State, by the Drinking Water Inspectorate (‘the Inspectorate’). The company have been unable to evidence such use does not present a danger to human health if the interior surface of the main is in contact with drinking water when put into supply. This would constitute a contravention of the requirements of regulation 31 of the Water Supply (Water Quality) Regulations 2016 (‘the Regulations’).

Steps to be taken

The Company is required to implement the following steps by the date given in each case.

1. To not supply water for the purposes of regulation 4(1) of the Regulations, from and through the 34 km of pipeline between Waddington (South of Lincoln) and Harrow (East of Grantham) constructed from Noksel Steel Water Pipe (DWI 56/4/1192) repaired with Acothane DW (DWI 56/4/1059) (the ‘SPA Main’), unless and until the Secretary of State notifies the company that he is satisfied they have complied with regulation 31(1) of the Regulations. This states that a water undertaker or combined licensee must not apply any substance or product to, or introduce any substance or product into, water which is to be supplied for regulation 4(1) purposes, unless one of the requirements of regulation 31(4) of the Regulations is satisfied.

Reporting

Provide the Inspectorate with the following reports as specified.

1. Submit a report to the Drinking Water Inspectorate, evidencing how compliance with regulation 31(1) of the Regulations for the SPA Main has been met. This should include a list of all products and materials that will be in contact with drinking water within the Lincoln to Grantham section of the SPA Main, details of the methods of application used, details of any curing of materials and full details of any testing carried out.
   Date: When completed
2. Submit a report to the Drinking Water Inspectorate, evidencing progress with the requirements of this order and demonstrating that the Lincoln to Grantham section of the SPA Main has not been used for regulation 4(1) purposes.
   Date: Bianually by 31 January and 31 July each year for the duration of the order.