Statute Details
- Title: Sewerage and Drainage (Late Payment Charge) Regulations 2013
- Act Code: SDA1999-S68-2013
- Type: Subsidiary Legislation (SL)
- Authorising Act: Sewerage and Drainage Act (Chapter 294), section 74
- Enacting authority: Public Utilities Board (PUB), with the approval of the Minister for the Environment and Water Resources
- Commencement: 31 January 2013
- Legislation number: SL 68/2013
- Key provisions (from extract): Regulation 1 (Citation and commencement); Regulation 2 (Late payment charge)
- Status (as stated in extract): Current version as at 27 March 2026
What Is This Legislation About?
The Sewerage and Drainage (Late Payment Charge) Regulations 2013 (“Late Payment Charge Regulations”) set out when and how a late payment charge is imposed for unpaid sewerage and drainage-related charges. In practical terms, the Regulations create a clear financial consequence for customers who do not pay amounts due under the sewerage and drainage charging framework.
The Regulations operate as a targeted enforcement mechanism. They do not redesign the underlying charges themselves; instead, they address the “late payment” problem—ensuring that where a person remains in arrears after being reminded and after the next billing cycle begins, a specified percentage charge is added to the outstanding balance.
Although the Regulations are short, they are legally significant because they define (i) the persons to whom the late payment charge applies, (ii) the trigger conditions for imposition, and (iii) the rate of the charge. For practitioners, these elements matter because they determine whether a late payment charge is properly recoverable and whether the billing process complies with the statutory conditions.
What Are the Key Provisions?
Regulation 1: Citation and commencement. Regulation 1 provides the short title and the commencement date. The Regulations “may be cited as” the Sewerage and Drainage (Late Payment Charge) Regulations 2013 and “shall come into operation on 31st January 2013.” This is important for determining temporal scope—particularly whether late payment charges can be imposed for non-payment occurring after the commencement date and, as Regulation 2 indicates, on or after 1 February 2013.
Regulation 2(1): Who is liable and what unpaid amounts trigger the charge. Regulation 2(1) is the core liability provision. It applies to “every person” who meets both limbs:
- (a) Liability to pay a charge under regulation 3 of the Sewerage and Drainage (Sanitary Appliances and Water Charges) Regulations (the “Sanitary Appliances and Water Charges Regulations”).
- (b) On or after 1 February 2013, has not paid:
- the whole or any part of any charge referred to in Regulation 2(1)(a);
- the whole or any part of any late payment fee referred to in section 35 of the Sewerage and Drainage (Amendment) Act 2012 (Act 10 of 2012) in relation to any charge under the Sanitary Appliances and Water Charges Regulations; or
- the whole or any part of any late payment charge imposed under Regulation 2.
From a legal perspective, this provision does two things. First, it links the late payment charge to the underlying sewerage and drainage charging regime—specifically the charges under regulation 3 of the Sanitary Appliances and Water Charges Regulations. Second, it clarifies that the “unpaid amount” may include not only the principal charge but also certain late payment fees/charges that are already part of the arrears. This can be relevant in disputes about whether the late payment charge is calculated on the original charge only, or whether it can be calculated on an accumulated arrears balance that includes prior late payment components.
Regulation 2(2): The billing trigger—reminder and next bill. Regulation 2(2) sets out the conditions that must be satisfied before the late payment charge is added to the next bill. The next bill must include, and the person must be liable to pay, “a late payment charge of 1% of the amount remaining unpaid” where both conditions are met:
- (a) A reminder has been sent by the Board (PUB) or its billing agent to the person to pay the unpaid amount of the charge or fee; and
- (b) The whole or any part of the unpaid charge or fee remains unpaid immediately prior to the issue of the next bill.
This is a procedural and substantive trigger. The reminder requirement is a statutory condition: without a reminder being sent, the next bill should not automatically include the late payment charge. The second condition ensures that the charge is tied to continued non-payment at the time the next bill is issued—meaning that if payment is made before the next bill is issued, the “amount remaining unpaid” at that time would be reduced (or potentially eliminated), and the late payment charge would correspondingly be lower or not applicable.
Rate of the charge: 1% of the amount remaining unpaid. The Regulations specify a flat percentage rate: “1% of the amount remaining unpaid.” The phrase “amount remaining unpaid” is critical. It indicates that the charge is calculated on the outstanding balance at the time of the next billing cycle, not on the original amount at the time the arrears first arose. Practitioners should therefore focus on billing records and payment timing to determine the correct base amount for the 1% calculation.
How Is This Legislation Structured?
The Late Payment Charge Regulations are structured as a short set of provisions. Based on the extract, the Regulations comprise:
- Regulation 1 (Citation and commencement): establishes the name and the date the Regulations come into operation.
- Regulation 2 (Late payment charge): contains the substantive rules on (i) the persons to whom the charge applies, (ii) the unpaid amounts that trigger liability, and (iii) the reminder and billing conditions for imposition, including the 1% rate.
Notably, Regulation 2 cross-references other instruments and statutory provisions. It refers to charges under the Sanitary Appliances and Water Charges Regulations and to “late payment fee” concepts in the Sewerage and Drainage (Amendment) Act 2012. This means the Regulations should be read together with the underlying charging regulations and the relevant amendment provisions to understand the full charging and arrears framework.
Who Does This Legislation Apply To?
The Regulations apply to “every person” who is liable to pay specified sewerage and drainage charges under regulation 3 of the Sanitary Appliances and Water Charges Regulations and who, on or after 1 February 2013, has not paid the whole or part of those charges (or related late payment fees/charges). The use of “every person” is broad and is not limited to individuals; it can include entities that are billed for sanitary appliances and water charges under the relevant regime.
In addition, the Regulations apply in a billing-cycle context. Liability to pay the late payment charge arises when (i) PUB or its billing agent has sent a reminder, and (ii) the unpaid amount remains unpaid immediately prior to the issue of the next bill. Therefore, even where a person is in arrears, the late payment charge’s imposition depends on whether the statutory reminder and timing conditions are satisfied.
Why Is This Legislation Important?
Although the Late Payment Charge Regulations are brief, they have practical and enforcement significance. They establish a statutory basis for adding a late payment charge to outstanding sewerage and drainage arrears. For PUB and billing agents, the Regulations provide a clear legal mechanism to recover additional sums where reminders are issued and non-payment persists into the next billing cycle.
For practitioners advising clients—whether consumers, property owners, or commercial entities—these Regulations are important because they define the precise circumstances in which a late payment charge can be lawfully included in a bill. Disputes commonly arise around (i) whether a reminder was actually sent, (ii) whether the charge was calculated on the correct “amount remaining unpaid,” and (iii) whether the timing aligns with the “immediately prior to the issue of the next bill” requirement.
From a compliance perspective, the reminder requirement is a key safeguard. It ensures that the late payment charge is not imposed silently or automatically without notice. Accordingly, billing records, reminder logs, and evidence of delivery (where relevant) can become central in any challenge. Similarly, because the charge is 1% and is calculated on the remaining unpaid amount, accurate accounting of partial payments and arrears composition (including whether prior late payment components are included in the unpaid balance) can materially affect the amount claimed.
Related Legislation
- Sewerage and Drainage Act (Chapter 294): authorises the making of these Regulations under section 74.
- Sewerage and Drainage (Sanitary Appliances and Water Charges) Regulations: specifically regulation 3 (charges to which the late payment charge applies).
- Sewerage and Drainage (Amendment) Act 2012 (Act 10 of 2012): specifically section 35 (late payment fee referenced in Regulation 2(1)(b)(ii)).
- Sewerage and Drainage (Late Payment Charge) Regulations 2013: the instrument analysed (SL 68/2013).
Source Documents
This article provides an overview of the Sewerage and Drainage (Late Payment Charge) Regulations 2013 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.