Hosepipe bans - do they only apply to mains water?

[NY]

When a hosepipe ban is in operation, does it prohibit (for example) using a hosepipe to water a flower bed only if the hosepipe is connected to mains water? Or does it also prohibit the hosepipe being used when connected to a rainwater butt, or for siphoning out "grey" bathwater for watering a flower bed? I wonder if any of our butts actually contain any water...

And what about if a short length of hosepipe is used from a tap to a watering can because the tap itself sprays water all over the place instead of in a nice stream into the watering can? A lot of outside taps (especially the quarter-turn-lever type) seem to be cunningly designed (!) so water from the nozzle of the tap itself sprays all over the place.

We're trying to work out how we're going to water our flower and vegetable beds, given that it takes my wife about an hour even with a hosepipe. With a relay of watering cans, and with some beds sacrificed (ie not watered), it will still be a major exercise.

I thought in Yorkshire we might escape the restriction, given that Yorkshire Water is usually one of the last companies to impose a ban.

[SteveW]

I would consider a short length of hose for filling as an extended spout. You clearly aren't using it to get water to another part of your property. They're only going to now if a neighbour reports you anyway - so as long as your neighbours are okay, you'll be fine.

Last time there was a ban here (Lancashire, United Utilities), their website gave the rules and the use of a hose, even fed from water butts, was prohibited.

One get out may be if either of you has a disability - we did not use this, but there was an exemption for a disabled person to use a hose, where carrying and using a watering can was not practical.

[Robin]

Yorkshire Water have all the answers

[Mark Carver]

From SE Water's FAQ

*Does the hosepipe ban apply to rainwater that I have stored either in water butts or other containers?* *No, it does not.*

And logically why on earth would it ?  It's all pretty unenforceable anyway. Just do the decent thing and use your common sense, and operate within the spirit of the ban.

How can using a hosepipe to fill a watering can be 'wrong' when using the tap directly isn't ?  Just get on with it.

[Robin]

It is different if you take the hose around the garden with you. The 'ban' works in large part because of the effort involved in transporting the water.

In practice no one will bother if buckets or cans are filled from a (coiled) hose near the tap. But the law does apply to filling containers from a hose.

OTOH I think filling a wheelbarrow from a tap is perfectly legal avoidance.

[Colin Bignell]

The relevant legislation is section 36 of Flood and Water Management Act

2010:

(1)A water undertaker may prohibit one or more specified uses of water supplied by it if it thinks that it is experiencing, or may experience, a serious shortage of water for distribution.

(2)Only the following uses of water may be prohibited— (a)watering a garden using a hosepipe; (b)cleaning a private motor-vehicle using a hosepipe; (c)watering plants on domestic or other non-commercial premises using a hosepipe; (d)cleaning a private leisure boat using a hosepipe; (e)filling or maintaining a domestic swimming or paddling pool; (f)drawing water, using a hosepipe, for domestic recreational use; (g)filling or maintaining a domestic pond using a hosepipe; (h)filling or maintaining an ornamental fountain; (i)cleaning walls, or windows, of domestic premises using a hosepipe; (j)cleaning paths or patios using a hosepipe; (k)cleaning other artificial outdoor surfaces using a hosepipe.

Note that section 36(1) refers to water supplied by the undertaking, not to all sources of water. Also note that the prohibition may very from place to place, depending upon which of the uses the local supplier decides to ban.

[SH]

so if I use some JG Guest or FloPlast PEX barrier pipe to transfer water from a stopcock within the house and then put a tap on the end of the PEX barrier pipe..... that is obviously legal as its not a hosepipe...... :-)

Coincidentally, I have an underground 25 mm blue MDPE water pipe running from the house to the greenhouse...... again, thats not a hosepipe..... :-)

[SH]

My window cleaner uses an IBC in the back of his van filled with water and uses a long reach pole to clean the upstairs windows without using a ladder.

There is a hosepipe connecting the IBC to his long reach polie..... so can he continue to trade during the hosepipe ban?

[Colin Bignell]

I am fairly sure that the ban covers anything serving the same purpose as a hosepipe, which I can't find in the Act, but it may be case law.

[JNugent]

That will be for the avoidance of doubt and so that incorrect assumptions are not made by others as to whether the ban is still in place.

[Colin Bignell]

In theory, that could be included under (i), but it will depend upon the wording of the ban. The water undertaking might not include that use, or, as they have the power to specify a class of use, might allow commercial window cleaning to continue. It might also depend upon what source he fills the IBC from.

[SH]

so a commercial window cleaner can carry on cleaning my domestic windows but a domestic window cleaner is banned from cleaning their domestic windows?

[Mark Carver]

No they won't. Although, take the argument to i's logical conclusion and it would be illegal to plumb in and fit an outside tap on a more convenient part of a house during a hosepipe ban ?

[Andy Burns]

cleaning company cars is permitted?

[Mark Carver]

You can still clean your windows, or anything else you like, but not using a hosepipe

[Colin Bignell]

Potentially but, as I say, it will depend upon the wording of the ban and whether or not the water undertaking wish to make concessions for small businesses. My window cleaner uses a bucket, so would not be affected.

[Colin Bignell]

I am simply quoting the Act. Whether or not a company supplied car counts as a private motor-vehicle for the purpose of the Act has probably not been tested in Court. Safer to take it to a car wash though.

[Robin]

Those provisions are not actually in s.36. They are in section 76 of the Water Industry Act 1991 which was substituted by section 36.

You then need to read the provisions in s.76 with the The Water Use (Temporary Bans) Order 2010 made under s.76A which elaborates on and modifies the categories.

Neither the Act nor the order define "hosepipe".

I agree with your later post and think the courts would have little difficulty seeing PEX pipe that can be coiled as "a flexible tube or pipe for the conveyance of water or other liquid to a place where it is wanted.

If it's non-flexible PEX it looks like a new non-domestic supply which I think raises other issues.

[Robin]

Definition of “using a hosepipe”

3.—(1) Using a hosepipe, in relation to a purpose in section 76(2) of the Act, includes the following—

(a)drawing relevant water through a hosepipe from a container and applying it for the purpose;

(b)filling or partly filling a container with relevant water by means of a hosepipe and applying it for the purpose.

(2) In paragraph (1), “relevant water” does not include water supplied by a water undertaker before the use of water to which the purpose relates was prohibited under section 76(1) of the Act.

[Robin]

Not with a hose.

"Cleaning a private motor-vehicle using a hosepipe

1. In section 76(2)(b) of the Act, “private motor-vehicle” means—

(a)a mechanically propelled vehicle designed, constructed or adapted for use on roads, except—

(i)a public service vehicle, as defined in section 1 of the Public Passenger Vehicles Act 1981(1), and

(ii)a goods vehicle, as defined in section 192 of the Road Traffic Act

1988(2); or

(b)a trailer designed, constructed or adapted for attachment to a vehicle falling within paragraph (a)."