A 62 year old law governing the use of hosepipes in times of drought will be updated following a Government consultation, Environment Minister Phil Woolas confirmed today.
A commitment to review the scope of the hosepipe ban legislation was made by the then Secretary of State David Miliband at a meeting with the water industry in summer 2006. Consultation took place between March and June 2007. Publishing the consultation response, Mr Woolas said:
“After the appalling floods of 2007 it might be hard to cast your mind back to the real difficulties we faced only a year ago, when 13 million people were affected by hosepipe bans.
“We saw an extreme drought in the south east then, and outdated legislation meant gardeners couldn’t water their plants with a hosepipe but their neighbours could power-wash their patios or fill swimming pools. That situation was clearly inconsistent and illogical. “Our consultation has shown overwhelming support for a change in the law governing the use of hosepipes. I am very pleased that as a result we have committed to bring in legislation which is bang up to date, reflecting the way we use water today and how that might be affected by drought in the future.”
The previous ban, which was limited to only the use of hosepipes for washing private cars and watering gardens, is to be replaced by a ‘discretionary use’ ban, expanding the range of prohibited hosepipe uses to include, amongst others, operating ornamental fountains and cleaning patios, and the filling of swimming pools and hot tubs, whether by hosepipe or through permanent plumbing. Whilst the discretionary use ban will concentrate predominantly on the domestic sector, all gardens and hard standings will also be included.
Mr Woolas added: “The new powers will be less rigid, and will allow water companies to take a more sensitive and more flexible approach, applying some or all of the powers according to local circumstances.
We have to face up to the fact that climate change could make drought more frequent in the future, and that we must be ready with common sense legislation which is fit for purpose. We will now be looking for an early opportunity in Parliament to bring the changes into effect.”
The consultation also considered changes to the Drought Direction 1991 which sets out the water uses which can be restricted or prohibited under Drought Orders. Many water uses specified in the Direction will be moved into the new discretionary use ban.
Commenting on the Government’s response, Pamela Taylor, Chief Executive of Water UK which represents all UK water and wastewater companies, said:
"This a common sense response to a real need for clarity. Water consumers have showed that they accept the need for special measures in a drought but are understandably frustrated by the inconsistencies in the current law.
"After clarity the most important thing is that the law should be flexible enough to allow water companies to reflect the needs of their particular customers. These changes will help by expanding the range of measures companies can take to protect supply for essential uses."
The water industry is to produce a Code of Practice informing people about the new powers, which will apply in England and Wales, explaining the priorities for water use when in short supply and how restrictions would typically be implemented. Restrictions can be phased in and out at different times and concessions can be given – the Code will explain how these can be applied for.
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