The Home Information Pack (No. 2) Regulations 2007

PART 1General

Interpretation

1.—(1) In this Schedule—

“the 1991 Act” means the Water Industry Act 1991(1);

“the 2000 Regulations” means the Water Supply (Water Quality) Regulations 2000(2);

“the 2001 Regulations” means the Water Supply (Water Quality) Regulations 2001(3);

“adoption agreement” means an agreement made or to be made under section 51A(1) or 104(1) of the 1991 Act(4);

“bond” means a surety granted by a developer who is a party to an adoption agreement;

“bond waiver” means an agreement with a developer for the provision of a form of financial security as a substitute for a bond;

“calendar year” means the twelve months ending with 31st December;

“discharge pipe” means a pipe from which discharges are made or are to be made under section 165(1) of the 1991 Act;

“disposal main” means (subject to section 219(2) of the 1991 Act) any outfall pipe or other pipe which—

“drain” means (subject to section 219(2) of the 1991 Act) a drain used for the drainage of one building or of any buildings or yards appurtenant to buildings within the same curtilage;

“effluent” means any liquid, including particles of matter and other substances in suspension in the liquid;

“financial year” means the twelve months ending with 31st March;

“lateral drain” means—

“licensed water supplier” means a company which is the holder for the time being of a water supply licence under section 17A(1) of the 1991 Act(6);

“maintenance period” means the period so specified in an adoption agreement as a period of time—

“map of waterworks” means the map made available under section 198(3) of the 1991 Act(7) in relation to the information specified in subsection (1A);

“private sewer” means a pipe or pipes which drain foul or surface water, or both, from premises, and are not vested in a sewerage undertaker;

“public sewer” means, subject to section 106(1A) of the 1991 Act(8), a sewer for the time being vested in a sewerage undertaker in its capacity as such, whether vested in that undertaker—

“public sewer map” means the map made available under section 199(5) of the 1991 Act(12);

“resource main” means (subject to section 219(2) of the 1991 Act) any pipe, not being a trunk main, which is or is to be used for the purpose of—

“sewerage services” includes the collection and disposal of foul and surface water and any other services which are required to be provided by a sewerage undertaker for the purpose of carrying out its functions;

“sewerage undertaker” means the company appointed to be the sewerage undertaker under section 6(1) of the 1991 Act for the area in which the property is or will be situated;

“surface water” includes water from roofs and other impermeable surfaces within the curtilage of the property;

“water main” means (subject to section 219(2) of the 1991 Act) any pipe, not being a pipe for the time being vested in a person other than the water undertaker, which is used or to be used by a water undertaker or licensed water supplier for the purpose of making a general supply of water available to customers or potential customers of the undertaker or supplier, as distinct from for the purpose of providing a supply to particular customers;

“water meter” means any apparatus for measuring or showing the volume of water supplied to, or of effluent discharged from any premises;

“water supplier” means the company supplying water in the water supply zone, whether a water undertaker or licensed water supplier;

“water supply zones” in relation to a calendar year means the names and areas designated by a water undertaker within its area of supply that are to be its water supply zones for that year; and

“water undertaker” means the company appointed to be the water undertaker under section 6(1) of the 1991 Act for the area in which the property is or will be situated.

(2) In this Schedule, references to a pipe, including references to a main, a drain or a sewer, shall include references to a tunnel or conduit which serves or is to serve as the pipe in question and to any accessories for the pipe.

Enquiries and responses

2.—(1) The search report required by regulation 8(l) must contain—

(a)the enquiries (or requests) set out in sub-paragraph (1) of each paragraph of Part 2; and

(b)in relation to each such enquiry (or request), a response in the terms set out in sub-paragraph (2) of each such paragraph, which is the appropriate response as regards the property.

(2) Only one of the alternative responses in sub-paragraph (2) of each paragraphs 3 to 11 and 13 to 24 may be the appropriate response.

(3) Where the search report is made using a document which reproduces all of the enquiries (or requests) and responses set out in Part 2, such of those responses as are not appropriate must be deleted or struck out.

(4) Where a response set out in sub-paragraph (2) of a paragraph of Part 2—

(a)includes words highlighted in italics which request the giving of information about specified matters—

(i)the appropriate response or the search report must include the information to which those matters refer; and

(ii)where information is so included and the search report is made using a document which reproduces that response, the words in italics may be deleted or struck out; and

(b)refers to an additional document being included, that document must accompany the search report required by regulation 8(l).