Information note on Regulation 21
Regulation 21 (Fees)
Regulation 21 makes provision for the charging of fees for the activities that local authorities are required to carry out under the Private Water Supplies (England) Regulations 2016, as amended. These activities are set out in schedule 5 of the Regulations. Please note that The Private Water Supplies (England) (Amendment) Regulations 2018 removed the maximum amounts that a local authority was permitted to charge for each activity listed in schedule 5. However, a local authority may only recover the actual cost incurred in carrying out a specified activity.
A fee may be charged and that cost recovered, for the following purposes:
- A risk assessment for any regulation 8, 9 or 10 supply.
- A sampling visit to any regulation 8, 9 or 10 supply.
- An investigation under regulation 16 at any regulation 8, 9 or 10 supply.
- Granting an authorisation.
Analytical charges
Please note that the provisions made in schedule 5 for the charging and cost recovery of analytical laboratory costs are limited to the following:
Supply type | Cost recoverable activity |
|---|---|
Regulation 8 supplies | The analysis of any group A or B parameter*. |
Regulation 9 supplies | The analysis of any group A or B parameter* |
Regulation 10 supplies | Those listed in reg 10(1) (a) to (e) Those specified in Parts 1 and 2 of schedule 1 of The Regulations where they have been identified in the risk assessment as being at risk of not complying with the concentrations or value in that schedule. |
Regulation 11 | The analysis of a sample taken for the monitoring of radioactive substances. |
*Group A and B parameters are specified in Parts 1 and 2 of Schedule 2 of The Private Water Supplies (England) (Amendment) Regulations 2018.
Schedule 5 does not make provision to charge, and cost recover the fee for analysing parameters other than those in Parts 1 and 2 of schedule 1 (for example this means PFAS analysis cannot be cost recovered). This is applicable at any supply type, 8, 9 or 10.
Sampling
If further samples are taken as part of an investigation, then the cost of the analysis must be included and recovered.
A local authority must not charge for a sample that is taken and analysed solely to confirm or clarify the results of a previous sample.
Risk assessment
Local authorities can limit the cost of risk assessment by making use of information from other stakeholders, for example the Environment Agency, National Resources Wales, the local water company, British Geological Society and the Drinking Water Inspectorate.
Other considerations
Any person requesting a local authority to carry out any of the activities specified in the schedule 5 table is liable to the cost. Payment of fees is chargeable to the relevant person(s). Where there is more than one relevant person, the legislation does not specify how costs are apportioned (see information note on regulation 2).
Where more than one person is liable for a fee, in determining who is required to make the payment, the local authority must have regard to any agreement or other document produced to the local authority relating to the terms on which water is supplied and may apportion the charge between them.
Where a local authority monitors a supply to a single dwelling where it suspects that the supply presents a potential risk to human health, it should only charge the owner or occupier for the cost of doing so if the owner or occupier requested the local authority to carry out the monitoring from the supply.
Where monitoring is undertaken at a property representing several properties on a single supply, the responsibility for payment should be agreed by the relevant persons. Relevant persons are advised to document any agreements regarding payment of any ongoing charging costs, for example regulatory monitoring and risk assessment, maintenance, improvements servicing costs.
Charges will vary between local authorities due to several factors (for example numbers of supplies, locations). Local authorities should have a transparent charging regime which is easily accessible and in a user-friendly format, published on their website.