Guidance documents

Information note on Regulation 23 (Wales)

Regulation 23 (Fees)

Regulation 23 makes provision for the charging of fees for the activities that local authorities are required to carry out under the Private Water Supplies (Wales) Regulations 2017. These activities are set out in Schedule 6 of the Regulations. A local authority may only recover the actual cost incurred in carrying out an activity in Schedule 6, up to the maximum amount specified for that activity in that schedule.

A fee may be charged and that cost recovered, for the following purposes only:

  • A risk assessment for any regulation 9, 10 or 11 supply. A Local authority may not charge and recover the cost of the risk assessment for a regulation 8 supply.
  • A sampling visit to any regulation 8, 9, 10 or 11 supply.
  • An investigation under regulation 18 at any regulation 8, 9, 10 or 11 supply.
  • Granting an authorisation.
  • Analysing a sample – see analytical charges below

The local authority may not charge above the maximum amount for each of the activities stated in Schedule 6, as shown below:

Activity

Maximum fee (£)

Risk assessment (each assessment):

Regulation 9 supplies

Regulation 10 and 11 supplies

 

700

300

Sampling (for each visit)

100

Investigations (for each investigation)

250

Granting an authorisation (for each authorisation)

100

Analysing a sample

See details below

Analytical charges

Please note that the provisions made in schedule 6 permit the following analysis charges only to the maximum amount shown in that schedule. These are as follows:

Supply type

Cost recoverable analysis

Maximum fee (£)

Regulation 8 supplies

The analysis of any group A parameter*

The analysis of any group B parameter*

110

600

Regulation 9 supplies

The analysis of any group A parameter*

The analysis of any group B parameter*

110

600

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.

25

Regulation 11 supplies

Those listed in reg 11(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.

25

*Group A and B parameters are specified in Parts 1 and 2 of Schedule 2 of The Private Water Supplies (Wales) Regulations 2017.

Schedule 6 does not make provision to charge, and cost recover the fee for the following:

  • Analysing parameters other than those in Parts 1 and 2 of schedule 1 where it has been identified in the risk assessment as being a potential danger to human health. (for example, this means PFAS analysis cannot be cost recovered), This is applicable to all supply types, 8, 9, 10 and 11.
  • The analysis of a sample taken for the monitoring of radioactive substances under regulation 12.

Other considerations

Any person requesting services under the regulations is liable for the cost.

Where more than one person is liable, in determining who is required to make payment, the local authority may apportion the charge between them and must have regard to any agreement or other document produced to the local authority relating to the terms on which water is supplied.

If further samples are taken as part of an investigation, then the cost must be included and recovered.

A local authority may not charge for a sample that is taken and analysed solely to confirm or clarify the results of a previous sample.

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.

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, The Drinking Water Inspectorate.

Charges will vary between local authorities due to several factors (for example numbers of supplies and locations). Local authorities should have on their website a transparent charging regime which is easily accessible and in a user-friendly format.

Where monitoring is undertaken at a point 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.

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.