Water (Special Measures) Act becomes law

The Water (Special Measures) Act was created to strengthen and add to existing legislation surrounding water companies. It was intended to address “poor performance from water companies”, including “poor financial management, water pollution, and outcomes for customers”.

The Water (Special Measures) Act, which applies in England and Wales, covers four key areas:

1. A provision which would enable the Government and regulators to block bonuses for water company executives
2. A provision which would enable criminal charges to be passed against water companies which persistently break the law
3. A provision which would impose automatic, “severe” fines for rule breakers
4. A provision to ensure the monitoring of emergency sewage overflows

Sandy Luk, Chief Executive of the Marine Conservation Society, said: "The Royal Assent of the Water (Special Measures) Act is a stepping stone towards a cleaner, healthier ocean. Our efforts to influence the Act have resulted in raising awareness of key issues like forever chemicals, and increased protections for our seas. We’re particularly pleased that every emergency sewage overflow will now be monitored, stronger enforcement provisions will be in place to improve compliance, and there will be a duty to report on the implementation of plans to prevent pollution.

We want to see the Government build on the Act’s ambition to better preserve our blue planet, and the Water Commission's upcoming review provides a fantastic opportunity to do this."

Over the past months, we've worked with parliamentarians and other stakeholders to influence the Act. Together with other charities, we tabled an amendment which would compel water and sewerage companies to publish annual progress reports on the implementation of their Pollution Incident Reduction Plans.

We also stressed the importance of tackling PFAS (per- and polyfluoroalkyl substances) pollution. These ‘forever chemicals’ pose a dire threat to our ocean, and stopping them at source is vital. Baroness Young of Old Scone raised this point in the House of Lords, and while the Water (Special Measures) Act is too limited to address PFAS fully, the conversation highlights the urgent need for a government-wide response to persistent pollutants.

Aleksandra Chernysheva, Parliamentary Affairs Officer at the Marine Conservation Society, said: "As the Act progressed through Parliament, we were busy briefing MPs and Peers to ensure that its provisions included maximum protections for our ocean. We were pleased to see the UK Government heed the demands of the environmental sector in passing an amendment that will ensure greater accountability on Pollution Incident Reduction Plans. It was also encouraging to see our engagement yield greater awareness of the issues relating to ocean health in Parliament, including but not limited to chemical pollution. We look forward to working with members to influence the outcomes of the upcoming water sector review."

You can read more about our efforts in this blog.

While the window to influence the Water (Special Measures) Act has passed, we’re not finished fighting for our ocean. The new Water Commission, set up by the Government to advise on how to achieve a “proper reset” of the water industry, presents a fantastic opportunity for us to influence new legislation.

We want to see the water industry’s behaviour reflect the public’s love for our natural environment. In particular, we're keen for the Commission to review the discharge of untreated sewage from combined sewer and emergency overflows, especially when these releases affect sensitive marine habitats and recreational areas. Stronger regulations are needed to prevent this insidious form of pollution at its source. The frequency of sewage discharges illustrates that current measures are insufficient.

Additionally, we will be calling for the Commission to take action on other sources of pollution linked to the water industry, including in particular PFAS. We urgently need monitoring to understand the true scale of pollution, treatment to address pollutants present in our drinking water and released into the environment in treated and untreated sewage, and prevention at source of key contaminants like PFAS and microplastics. The Commission must ensure these issues are addressed by water companies as thoroughly as possible.