Water Regulations Advisory Committee
Extract from "A review of the enforcement of the Water Supply (Water Fittings) Regulations 1999"
[The full report is available via this link (PDF) (200kb)]
Executive summary
The remit of the Water Regulations Advisory Committee was extended in October 1997 to include the assessment of the enforcement regime administered by the water companies within the first two years following the introduction of the Water Supply (Water Fittings) Regulations 1999 in England and Wales. The study covered the period April 2000 to March 2001, which was still something of a transitional period in the implementation of the Regulations. The methodology included self-assessment and data collection by the water companies against a reporting template developed by WRAC. The Water Regulations Advisory Scheme (WRAS) and interested organisations also contributed written assessments of current enforcement. WRAC evaluated this information by data analysis, consideration of the written submissions and discussions designed to clarify the generic issues identified.
WRAC identified examples of good practice and areas where there was a need to modify current practice. Some issues should be considered by the individual water company concerned, while others were more generic and require consideration by the water industry, WRAS and Defra. The report identifies these separately. The recommendations recognise the importance of risk assessment as one of the main criteria for a robust and cost effective enforcement regime.
The report's recommendations are formulated around a perceived need to develop national guidelines for thewater industry in the delivery of its enforcement role and the provision of Approved Contractor schemes. Recommendations 1-5 are based on the conclusions that the notification requirement needs reconsideration; Approved Contractor schemes require greater commonality of entry criteria and benefit to both operatives and clients; and that inspections of properties should reflect a common approach to risk assessment.
Recommendations 6-8 concern the provision of technical advice to guide the evolution of the Regulator's Specifications and the provision of acceptable certification routes for new and innovative products. The latter is central to achieving both water conservation and sustainable development criteria.
The role of WRAS in providing a potential focus for improvements in the enforcement regime is recognised, Recommendation 9. WRAC also recommends a continuation of its own remit in the provision of technical advice to Defra, Recommendation 10, including the continued monitoring of the interface between the Water Supply (Water Fittings) Regulations and the Building Regulations to ensure that the two sets of legislation remain complementary.
It was concluded that while the enforcement regime established would become satisfactory on a national level, there were areas that required attention. Joint action by the water industry, government and interested organisations, including both professional institutions and manufacturers, is recommended.
The Regulations and their enforcement are seen as evolutionary. This process is both inevitable and necessary if the long term objectives of sustainability are to be achieved. WRAC concludes its recommendations with the view that a similar assessment should be undertaken after a further two-year period when the results of the responses to these recommendations will be identifiable.
Recommendation 1. A best practice guidance manual should be developed by the water companies, WRAS, Defra and its advisors to cover all aspects of enforcement. This should recognise the differing priorities of individual water companies and be kept under review to ensure it reflects current good practice. WRAS should lead these discussions with a view to producing a guidance manual by April 2003.
Recommendation 2. The best practice guidance manual should include the development of model Service Level Agreements to aid water companies in formulating risk assessment and return inspection cycle protocols for either internal or outsourced resources.
Recommendation 3. The best practice guidance manual should include advice on database requirements, validation techniques and staff IT training. The use of such databases would be of considerable benefit to companies in the management of their enforcement activities. Where certain enforcement activities are outsourced adherence to these guidelines would be essential to ensure satisfactory transfer of data at the end of any agreement period.
Recommendation 4. There should be one national model for Approved Contractor schemes. The current situation of eight separate schemes with variable entrance requirements is untenable. Defra should lead discussions with WRAS, the water companies and other organisations operating schemes to develop a minimum entry threshold and benefit structure for implementation by April 2003.
Recommendation 5. There is an urgent need to review the whole notification procedure. Defra should lead a broad forum to assess the current notification requirement. In this area the Regulations do not currently allow any proportionality or risk assessment approach. Defra should be prepared to amend the Regulations if necessary. The objective should be the identification of issues and actions necessary to improve the operation of the notification procedure by December 2002.
Recommendation 6. The content of the Regulations, their interpretation in guidance documents and the Regulator's Specifications should be kept under review to recognise and encourage new technology and to prevent the Regulations becoming a barrier to innovation or trade. WRAC, Defra and WRAS should work to establish suitable evolutionary mechanisms by December 2002.
Recommendation 7. Uncertainty over the mechanisms for approval under the Regulator's Specifications requires further consideration of the system of self-certification allowed by the Regulations. The introduction of quality control mechanisms to ensure that test equipment meets national standards should be considered by December 2002.
Recommendation 8. While theRegulator's Specifications were intended to control the acceptance of water fittings installed in the UK, the lack of point of sale control allows non-compliant products to be lawfully sold but unlawfully installed. Defra should consider the introduction of point of sale control of water fittings.
Recommendation 9. WRAS should strengthen its central role in assisting the water industry to enforce the Regulations by becoming the focus for the development of the best practice guidance manual and a national Approved Contractor scheme.
Recommendation 10. Defra should extend the current WRAC membership to July 2003 and thereafter consider re-establishing the Committee with the remit:
"To advise the Secretary of State for Environment, Food and Rural Affairs on the technical aspects and evolution of the Water Supply (Water Fittings) Regulations; to support the development of a national best practice approach to enforcement including Approved Contractor schemes and Regulator's Specifications; and to undertake a second review of enforcement commencing in 2004."
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Page published
19 November 2002;
Page last modified
19 November, 2002