40 
21. —(1) Workers engaged in essential or emergency work s— 
(a)  related to water supplies and sewerage services; and 
(b)  carried out by, for, or on behalf of a water undert aker, sewerage undertaker, water supply 
licensee, sewerage licensee or local authority, 
where they have travelled to the United Kingdom in the course of their work. 
(2)  For the purposes of sub-paragraph (1)— 
(a)  “essential or emergency works” includes— 
(i)  inspections, maintenance, repairs, and asset replacement activities, 
(ii)  monitoring, sampling and analysis of water supplies  under the Private Water 
Supplies (England) Regulations 2016( a), the Water Supply (Water Quality) 
Regulations 2016(b), the Private Water Supplies (Wales) Regulations 2017(c), or the 
Water Supply (Water Quality) Regulations 2018(d); 
(b)  “sewerage licensee” means the holder of a sewerage licence under section 17BA of the 
Water Industry Act 1991(e); 
(c)  “sewerage services” has the meaning given in sectio n 219(1) of the Water Industry Act 
1991(f); 
(d)  “water supply licensee” has the meaning given in se ctions 17A(7) and 219(1) of the 
Water Industry Act 1991(g). 
22. —(1) Workers engaged in essential or emergency work s relating to flood and coastal erosion 
risk management on behalf of— 
(a)  the Environment Agency; or 
(b)  a lead local flood authority in England. 
(2)  For the purposes of sub-paragraph (1)— 
(a)  “flood” and “coastal erosion” have the meanings giv en in section 1 of the Flood and 
Water Management Act 2010(h); 
(b)  “lead local flood authority” has the meaning given in section 6(7) of that Act; 
(c)  “risk management” has the meaning given in section 3 of that Act(i). 
23. —(1) Workers engaged in essential or emergency work s— 
(a)  related to— 
(i)  a generating station, 
(ii)  an electricity interconnector, 
(iii)  a district heat network as defined in regulation 2 of the Heat Network (Metering and 
Billing) Regulations 2014(j), 
(iv)  communal heating as defined in regulation 2 of the Heat Network (Metering and 
Billing) Regulations 2014, 
(v)  automated ballast cleaning and track re-laying systems on a network, or 
(vi)  the commissioning, maintenance and repair of indust rial machinery for use on a 
network; or 
                                                                                                                                            
(a) S.I. 2016/618; relevant amending instruments are S.I. 2017/506, 2018/707 and 2019/558. 
(b) S.I. 2016/614; relevant amending instruments are S.I. 2017/506, 2018/706 and 378, 2019/526 and 558. 
(c) S.I. 2017/1041 (W. 270), as amended by S.I. 2018/ 647 (W. 121), S.I. 2019/460 (W. 110) and S.I. 2019/463 (W. 111). 
(d) S.I. 2018/647 (W. 121), as amended by S.I. 2019/4 63 (W. 111). 
(e) 1991 c. 56. Section 17BA(6) was inserted by secti on 4(1) of the Water Act 2014 (c. 21). The referenc e to “sewerage 
licensee” was inserted in section 219(1) by paragraph 120(2)(f) of Schedule 7 to the Water Act 2014. 
(f) The definition of “sewerage services” was amended  by paragraph 120 of Schedule 7 to the Water Act 2014. 
(g) Section 17A was inserted by section 1 of the Wate r Act 2014. 
(h) 2010 c. 29. 
(i) And see section 2 of the Flood and Water Manageme nt Act 2010 for the meaning of “risk”. 
(j) S.I. 2014/3120. There are no relevant amending in struments.