The Water (Special Measures) Act 2025 (Commencement No. 1) Regulations 2025
These regulations, issued under the Water (Special Measures) Act 2025, bring into effect sections 3 and 5 of that Act on June 23, 2025.
This specifically mandates water and sewerage undertakers in England to create and publish annual pollution reduction plans, and incorporate nature-based solutions into their drainage and sewerage management plans.
The regulations include enforcement measures for non-compliance.
Arguments For
Improved Water Quality: The regulations aim to improve water quality in England by mandating pollution reduction plans and the consideration of nature-based solutions.
Environmental Protection: The focus on nature-based solutions promotes environmentally friendly approaches to water management, aligning with broader sustainability goals.
Enforceable Standards: The regulations establish clear requirements and enforcement mechanisms to ensure compliance with pollution reduction targets.
Arguments Against
Implementation Challenges: Developing and implementing comprehensive pollution reduction plans may present logistical and financial challenges for water companies.
Limited Scope: The regulations only apply to undertakers whose areas are wholly or mainly in England, potentially leaving other regions with less stringent environmental controls.
Potential Unintended Effects: The regulations may lead to unexpected consequences or create new barriers, requiring adjustments to implementation.
- Citation These Regulations may be cited as the Water (Special Measures) Act 2025 (Commencement No. 1) Regulations 2025.
This section provides the official title for these regulations: the Water (Special Measures) Act 2025 (Commencement No. 1) Regulations 2025.
This name allows for easy referencing and identification within legal contexts.
- Provisions coming into force on 23rd June 2025 The following provisions of the Water (Special Measures) Act 2025 come into force on 23rd June 2025— (a) section 3 (pollution incident reduction plans), so far as relating to undertakers whose areas are wholly or mainly in England; (b) section 5 (nature-based solutions), so far as relating to undertakers whose areas are wholly or mainly in England.
This section specifies that sections 3 and 5 of the Water (Special Measures) Act 2025 will take effect on June 23, 2025.
Section 3 concerns pollution incident reduction plans, specifically for water companies operating primarily in England.
Section 5 relates to the implementation of nature-based solutions, again focusing on companies in England.
EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations are the first commencement regulations made under the Water (Special Measures) Act 2025 (“the 2025 Act”). Regulation 2 brings into force on 23rd June 2025 sections 3 and 5 of the 2025 Act so far as relating to undertakers whose areas are wholly or mainly in England. Section 3 inserts sections 205A, 205B and 205C into the Water Industry Act 1991 (c. 56) (“the 1991 Act”). Section 205A requires sewerage and water supply undertakers to prepare and publish an annual pollution incident reduction plan by 1st April each year and establishes the matters that the plans must address. Section 205B requires undertakers to publish an implementation report alongside the pollution incident reduction plan each year (except for the first pollution incident reduction plan) and sets out what the report must contain. Section 205C provides for the enforcement of duties relating to pollution incident reduction plans under sections 205A and 205B and sanctions for failure to comply with those duties. Section 5 amends section 94A(3) of the 1991 Act to insert a new paragraph (ea). The effect of this amendment is to require sewerage undertakers to address, in their drainage and sewerage management plans, the use that is to be made of nature-based solutions, technologies and facilities within their drainage and sewerage systems. A full impact assessment has not been prepared for this instrument as the Regulations themselves have no impact on the private, voluntary or public sector. A full impact assessment has been published in relation to the 2025 Act and copies can be obtained from the website of the Department for Environment, Food and Rural Affairs at www.gov.uk/defra or from the Department for Environment, Food and Rural Affairs at 2 Marsham Street, London, SW1P 4DF, United Kingdom.
This explanatory note clarifies the regulations' purpose and effects.
It states that these are the first commencement regulations under the 2025 Act and details how sections 3 and 5 of that Act are being implemented.
Section 3 introduces new requirements for pollution reduction plans for water companies, including annual reporting and enforcement measures.
Section 5 mandates the integration of nature-based solutions within water management plans.
Finally, it notes an absence of a specific impact assessment for these regulations, as they don't directly impact specific sectors, but points the reader towards the impact assessment for the main act.