Water (Special Measures) Act 2025

Amends/Commences: Water Industry Act 1991, Environment Act 1995, Regulatory Enforcement and Sanctions Act 2008, Water Resources Act 1991

Comes into force: Part of the Act came into force on 24th February 2025. Other sections come into force on 24th April 2025, while the remaining sections will be brought into force through future regulations.

Jurisdiction: England, Wales

Summary 

The Act makes a number of changes to existing legislation, as outlined below.

Water Industry Act 1991

Suppliers of water and / or sewerage services (undertakers) are required to prepare and publish pollution incident reduction plans and report on discharges from emergency overflows. Requirements for drainage and sewerage management plans are updated to include nature-based solutions, technologies and facilities.

All relevant undertakers must prepare and publish a pollution incident reduction plan before 1st April each year.

In the event of a discharge from an emergency overflow, the sewerage undertaker must publish specific information, some of which must be published within an hour of each event.

Ofwat (the Water Services Regulation Authority) is provided additional powers and must consider climate change when exercising its powers under the Water Industry Act 1991.

The Secretary of State and Welsh Ministers are also provided with powers to establish additional rules covering the recovery of charges and losses for water services supplied.

Environment Act 1995

Anyone who impedes an officer of the Environment Agency or Natural Resources Wales when they are investigating the operations of a water or sewerage undertaker is committing an offence. The cost for enforcement can be recovered by the EA and NRW from water companies.

Regulatory Enforcement and Sanctions Act 2008

The standard of proof for offences committed by a water company under the Water Resources Act 1991 is changed from 'beyond reasonable doubt' to 'on the balance of probabilities'.

Water Resources Act 1991

Authorities may, through legislation, set general conditions for licenced activities carried out by water companies. For more information, click here.