Public water supply and sanitation in the United Kingdom are characterized by universal access and generally good service quality. Unlike many other developed countries, the United Kingdom features diverse institutional arrangements across its constituent parts: (England and Wales; Scotland; and Northern Ireland). In England and Wales, water services are primarily provided by privatized companies, while in Scotland and Northern Ireland, these services are managed by publicly owned entities. Each region's unique approach is explored in separate articles, while this article is devoted to some common issues across the United Kingdom.
History Historically, water for drinking, general use, or sewerage was largely left to private arrangements.J Getzler, A History of Water Rights at Common Law (2004) 328–352 The recurrence of water poisoning, and large public health crises were a part of people's ordinary existence until scientific advances of the 19th century. After the Broad Street cholera outbreak of 1854, John Snow first identified the cause of cholera as drinking water being polluted by excrement. Following the Great Stink of 1858, where the River Thames had become so bad smelling that it offended the Queen and forced Parliament to relocate, Joseph Bazalgette began to build the London sewerage system.
Starting with the Public Health Act 1848 (11 & 12 Vict. c. 63), which created a local board of health in each council, and the Public Health Act 1866 (29 & 30 Vict. c. 90), local government began building drains, sewers, and piping clean water to households. The Waterworks Clauses Act 1847 (10 & 11 Vict. c. 17) and the Waterworks Clauses Act 1863 (26 & 27 Vict. c. 93) provided model constitutions for the growing number of private and local government water companies. The Public Health Act 1875 (38 & 39 Vict. c. 55) further mandated that all new houses have running water and internal drainage. By 1944, there were over 1,000 water suppliers in England and Wales, though 26 supplied half of the total volume, and 97 supplied an additional further quarter of total volume.E Porter, Water Management in England and Wales (1978) 29 The Water Act 1945 (8 & 9 Geo. 6. c. 42) organised a national water supply policy, before the Water Act 1973 (c. 37) finally consolidated the management of water resources into ten regional water authorities for England and Wales, along with additional authorities in Scotland and Northern Ireland.e.g. Water (Scotland) Act 1980 (c 45) However, following a wave of privatisations, the Water Act 1989 (c. 15) changed the ten authorities into ten private water companies, each operating as a local monopoly, subject to price caps of a new regulator known as Ofwat.Water Act 1989 ss 4, 83–85 were the initial privatisation provisions. See C Harlow and R Rawlings, Law and Administration (3rd edn 2009) ch 7, 293–295.
Scotland retained public ownership of its water services following a public campaign, and Scottish Water, a publicly owned entity, continues to manage these services, and as a result has maintained significantly lower prices than in England and Wales.e.g. 'Water costs cheaper in Scotland' (19 February 2009) BBC
Access Access to improved water supply and sanitation in the UK is universal. In 2015, 100% of the population had access to improved water supply and 99% of the population had access to "improved" sanitation.WHO/UNICEF (2015) Progress on sanitation and drinking water – 2015 update and MDG assessment , Joint Monitoring Programme for Water Supply and Sanitation
Urban (90% of the population) Rural (10% of the population) Total Water Broad definition 100% 100% 100% House connections 100% 98% 100% SanitationSewerage 97% 97% 97% Source: WHO/UNICEF Joint Monitoring Program (2008)
Water sources According to the Environment Agency, total water abstraction for public water supply in the UK was 16,406 megalitres per day in 2007. Groundwater contributes 30 per cent of public supply water in England. In Wales and Scotland groundwater provides about five per cent of public supply. The majority of the UK's abstraction of surface water is from reservoirs, where rainwater is transported via rivers and streams and contained in an artificial or natural lake until it is required.
Water supply and regulation by nation
Water is a universal human right,UDHR 1948 art 25(1) and ICESCR 1966 art 11(1), which is ratified by the UK, both expressly protect the right to food, in which water is implicit. This was acknowledged by the UN Committee on Economic, Social and Cultural Rights (2002) General Comment No 15. and basic to survival.E McGaughey, Principles of Enterprise Law: the Economic Constitution and Human Rights (Cambridge UP 2022) ch 13, 'Food, forests and water' While the UK has the fortune of substantial rainfall, climate damage means water resources are under pressure, and less predictable than before.S Hendry, Frameworks for Water Law Reform (2014) ch 5, 86 and C Harlow and R Rawlings, Law and Administration (3rd edn., 2009) ch 7, 292–304
Scotland
The publicly owned Scottish Water is appointed by Scottish ministers,Water Industry (Scotland) Act 2002, constitutes Scottish Water. Sch 3 requires an 8–13 member board appointed by the Scottish Ministers as experts. The Water (Scotland) Act 1980, contains duties and functions. The Sewerage (Scotland) Act 1968 deals with sewage. and overseen by the Water Industry Commission for Scotland,Water Industry (Scotland) Act 2002 s 1 although it has no direct voting power for customers. There is, however, a "Customer Forum" without any binding rights, but which may have some useful input.See S Hendry, Frameworks for Water Law Reform (2014) ch 5, 95, fn 282
In Scotland, it was thought that competition in sewer and water services could pose a public health risk.S Hendry, Frameworks for Water Law Reform (2014) ch 5, 81
Northern Ireland Water and sewerage services in Northern Ireland are also provided by a single public entity, Northern Ireland Water.
England and Wales
In England there are 10 private regional water and sewerage companies and 13 mostly smaller private "water only" companies. Each company board is typically accountable to shareholders, mostly asset managers, under the Companies Act 2006. While both UK and EU law is clear that water companies, even if privatised, still are public bodies,See Griffin v South West Water Services IRLR 15 and Fish Legal v Information Commissioner, United Utilities, Yorkshire Water and Southern Water (2014) these companies pursue shareholder profit, only restricted by regulation.
Ofwat (technically called the Water Services Regulation Authority) has at least three members appointed the Secretary of State,Water Industry Act 1991 s 1A and Sch 1A, para 1. This was amended by the Water Act 2003 and is meant to "protect the interests of consumers, wherever appropriate by promoting effective competition" and yet ensure companies have a "reasonable returns on their capital",Water Industry Act 1991 s 2 rather than simply act in the public interest.cf Water Industry (Scotland) Act 2002 s 1, requiring "promoting the interests of customers". Ofwat licences companies (known as water "undertakers") to operate water and sewer services with "instruments of appointment", and can impose various conditions.Water Industry Act 1991 s 11. The Water Act 2003 s 52 gives Ofwat a duty to cooperate with the Secretary of State, the National Assembly for Wales, the Environment Agency, and the Natural Resources Body for Wales. Licences usually last 25 years but can be terminated on 10 years notice by government. Because of public outcry over rising prices,e.g. R Graham, 'Water in the UK – public versus private' (19 December 2014) openDemocracy the government tried to construct more competition, with the Water Act 2014 requiring suppliers can access or pump water through other providers' pipes, for a reasonable cost, so that consumers might choose their company.Water Industry Act 1991 ss 66A-L. Slightly different, WIA 1991 ss 105A-C enables transfer of lateral drains and private sewers to water companies where they were draining to a public mains sewer and treatment works, to avoid deterioration. Water Industry (Schemes for Adoption of Private Sewers) Regulations (SI 2011/1566).
As real competition in natural monopolies always appeared unlikely, Ofwat has always set upper limits to prices, historically for 5-year periods.Water Industry Act 1991 ss 11–12, price determinations and conditions set in Instruments of Appointment, Condition B, each 5 years. This has followed the formula of RPI , where prices should rise no more than the retail price index of inflation, reduced by efficiency savings (), but allowing for capital investment (). This means prices could be fixed down or go up. Companies must publicise an annual charging scheme approved by Ofwat,Water Industry Act 1991 ss 142–150 while Ofwat must openly report its work programme, report to the Secretary of State, keep a register of appointments and make information on costs available.Water Industry Act 1991 ss 192A-B, 201–202 Companies can appeal to the Competition and Markets Authority for disputes over access and price caps, while Ofwat can refer companies to the CMA for breaches of conditions.Ofwat and the CMA also have jurisdiction for mergers for companies with a size over £10m p/a: WIA 1991 ss 31–35. After unacceptable experience of people being disconnected by private companies for non-payment,See R (Oldham MBC) v Director General of Water Services (1998) 31 HLR 224 finding automatic disconnection from water through a prepayment meter did not comply with the law. R (Lancashire CC) v Director of Water Services EnvLR 114, stopped disconnections or limiting devices. The Water Industry Act 1999 stopped arbitrary disconnections. new regulations introduced exemptions for vulnerable customers, particularly people who are unable to pay, have large families or have medical conditions.Water Industry (Charges) (Vulnerable Groups) Regulations (SI 1999/3441) and Floods and Water Act 2010 s 44. This does not mean that company profits are reduced by vulnerable customers, as companies can raise prices for other customers to ensure their profits are not reduced. Everyone has the right for their property to be connected to a water supply and to sewers, but the cost of new connections is borne by the customer.WIA 1991 ss 37, 45 (water) and 94–99 (sewers). UK water quality is generally high, since large new investments were made following the EU Drinking Water Quality Directive 1998, requiring water is "wholesome and clean".Drinking Water Quality Directive art 4, meaning water is free from any micro-organisms and parasites dangerous to health, and complies with chemical and biological standards listed in Annex I. This is implemented by the Water Supply (Water Quality) Regulations 1989 SI 1989/1147. In McColl v Strathclyde RC 1983 SC 225 water fluoridation was successfully challenged. Ofwat is required to issue enforcement orders under the Water Industry Act 1991 section 18 to uphold drinking quality standards, rather than being content with "undertakings" from water companies.Commission v United Kingdom (1992) , on the failure to transpose the Directive. The UK system under WIA 1991 s 19 of accepting undertakings from water companies (instead of s 18 enforcement orders) was not an adequate legal framework to comply with EU law. Contrast Commission v Spain (2003) , on bathing water quality, where the CJEU confirmed fines of a €624,150 per year and per 1% of bathing areas in Spanish inshore waters which were found not to conform to the Bathing Waters Directive .