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	Statutory Instruments made by the National Assembly for Wales
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(a) in the case of premises which are not used solely as a person's home, that other use is not the principal use of the premises;

(b) the water supplied to the premises is not used - 


(i) for watering a garden, other than by hand, by means of any apparatus;

(ii) for automatically replenishing a pond, or a swimming pool, with a capacity greater than 10,000 litres;

(iii) in a bath with a capacity (measured to the centre line of overflow) greater than 230 litres;

(iv) in a shower unit of a type specified under paragraph 4(c) of the Table to regulation 5 of the Water Supply (Water Fittings) Regulations 1999[3]; or

(v) in a unit which incorporates reverse osmosis; and



(c) the premises are not in an area which has been determined by the National Assembly, under regulation 3 below, to be an area of water scarcity for the purposes of these Regulations.

Areas of water scarcity
     3.  - (1) The National Assembly may, on the application of a water undertaker, determine a part or the whole of that undertaker's area to be an area of water scarcity for the purposes of these Regulations if it considers it appropriate to do so having regard to - 

(a) the likely demand for water in that area over the period of 10 years following the application;

(b) the water resources which are, or could be made, available for meeting that demand; and

(c) the measures that the undertaker could take for meeting or managing that demand.

    (2) A determination under this regulation is to have effect for such period as is specified by the National Assembly and may be revoked by it.

    (3) Before making or revoking a determination under this regulation, the National Assembly must consult  - 

(a) the Director[4];

(b) the Environment Agency;

(c) where the proposed action is likely to affect any part of Wales, the Countryside Council for Wales;

(d) where the proposed action is likely to affect any part of England, English Nature; and

(e) bodies appearing to it to be representative of the customers of the water and sewerage undertakers in the relevant area.

Signed on behalf of the National Assembly for Wales


John Marek
The Deputy Presiding Officer of the National Assembly

10th March 2004

[2] The functions of the Secretary of State under sections 144A and 144B of the Water Industry Act 1991 are exercisable by the National Assembly for Wales in relation to any water or sewerage undertaker whose area is wholly or mainly in Wales, by virtue of Article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), as amended by Article 4 of, and Schedule 3 to, the National Assembly for Wales (Transfer of Functions) Order 2000 (S.I. 2000/253 (W.5)). The functions of the Secretary of State under section 213 of that Act are exercisable by the National Assembly for Wales to the same extent as the powers, duties and other provisions to which that section applies, by virtue of the same provisions of those Orders.back

[3] S.I. 1999/1148, amended by S.I. 1999/1506.back

[4] See section 1(1) of the Water Industry Act 1991, which defines the "Director" as the Director General of Water Services.back

  © Crown copyright 2004