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Part IIIE+W WATER SUPPLY

Modifications etc. (not altering text)

C1Part III: definition of "consumer" applied (01.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 176(7), 225(2).

C2Part III: definition of "water fittings" applied (01.12.1991) by Statutory Water Companies Act 1991 (c. 58, SIF 130), ss. 15(1), 17(2).

C4Pt. 3 functions transferred and modified (14.6.2016) by The River Tees Port Health Authority Order 2016 (S.I. 2016/644), arts. 1(1), 9, Sch. 2

C5Pt. 3: functions etc. assigned to the port health authority and modified (31.3.2017) by The Weymouth Port Health Authority Order 2017 (S.I. 2017/558), arts. 1(1), 9, Sch. 2 (with art. 9(3))

chapter IIIE+W Quality and Sufficiency of Supplies

Assessors for the enforcement of water qualityE+W

86 Assessors for the enforcement of water quality.E+W

(1)The Secretary of State may for the purposes of this section appoint persons to act on his behalf F1. . . in relation to some or all of—

(a)the powers and duties conferred or imposed on him by or under sections 67 to 70 and 77 to 82 above; and

(b)such other powers and duties in relation to the quality and sufficiency of water supplied [F2using a water undertaker’s supply system] as are conferred or imposed on him by or under any other enactments.

[F3(1A)Subject to subsection (1B) below, the Secretary of State shall designate one such person as the Chief Inspector of Drinking Water.

(1B)If the function of the Secretary of State under subsection (1) above is transferred to any extent to the Assembly—

(a)subject to paragraph (b) below, the Assembly may designate one such person appointed by it as the Chief Inspector of Drinking Water for Wales; but

(b)if the person designated by the Assembly is the same as the person designated by the Secretary of State as the Chief Inspector of Drinking Water, he shall be known as such in both capacities.]

(2)[F4An inspector] appointed under this section shall—

(a)carry out such investigations as the Secretary of State may require him to carry out for the purpose of—

(i)ascertaining whether any duty or other requirement imposed on that undertaker [F5or a [F6water supply licensee] by or under any of sections 68, 69 and 79 above or imposed on a relevant person (as defined in subsection (1A) of section 70 above) by or under that section] is being, has been or is likely to be contravened; or

(ii)advising the Secretary of State as to whether, and if so in what manner, any of the powers of the Secretary of State in relation to such a contravention, or any of the powers (including the powers to make regulations) which are conferred on him by or under any of sections 67 to 70 and 77 to 82 above should be exercised;

and

(b)make such reports to the Secretary of State with respect to any such investigation as the Secretary of State may require.

(3)Without prejudice to the powers conferred by subsection (4) below, it shall be the duty of a water undertaker [F7, [F8water supply licensee] or other relevant person (as defined in section 70(1A) above)]—

(a)to give [F9an inspector] appointed under this section all such assistance; and

(b)to provide [F9an inspector] so appointed with all such information,

as that person may reasonably require for the purpose of carrying out any such investigation as is mentioned in subsection (2) above.

(4)Any [F10inspector] appointed under this section who is designated in writing for the purpose by the Secretary of State may—

(a)enter any premises for the purpose of carrying out any such investigation as is mentioned in subsection (2) above;

(b)carry out such inspections, measurements and tests on premises entered by that [F10inspector] or of articles or records found on any such premises, and take away such samples of water or of any land or articles, as that [F10inspector] considers appropriate for the purpose of enabling him to carry out any such investigation; or

[F11(c)at any reasonable time require—

(i)any water undertaker or [F12water supply licensee] to supply him with copies of, or extracts from, the contents of any records kept for the purpose of complying with any duty or other requirement imposed on that undertaker [F13or licensee] by or under any of sections 68, 69 and 79 above; or

(ii)any relevant person (as defined in subsection (1A) of section 70 above) to supply him with copies of, or extracts from, the contents of any records kept for the purpose of complying with any duty or other requirement imposed on that person by or under that section.]

(5)Part II of Schedule 6 to this Act shall apply to the rights and powers conferred by subsection (4) above.

(6)Any water undertaker [F14, [F15water supply licensee] or other relevant person] which fails to comply with the duty imposed on [F16that person] by virtue of subsection (3) above shall be guilty of an offence and liable [F17on summary conviction, or on conviction on indictment, to a fine].

[F18(7)Proceedings by the Secretary of State for an offence under this section or in relation to the quality and sufficiency of water supplied using a water undertaker’s supply system may be instituted and carried on in the name of the Chief Inspector of Drinking Water.

(8)Any such proceedings by the Assembly may be instituted and carried on in the name of the Chief Inspector of Drinking Water for Wales, if there is one (or, if subsection (1B)(b) above applies, in the name of the Chief Inspector of Drinking Water).

(9)In this section “inspector” means the Chief Inspector of Drinking Water or any other person appointed under subsection (1) above.]

Textual Amendments

F1Words in s. 86(1) repealed (1.4.2004) by Water Act 2003 (c. 37), ss. 57(2), 101(2), 105(3), Sch. 9 Pt. 3; S.I. 2004/641, art. 3(z)(i) (with art. 6, Sch. 3)

F2Words in s. 86(1)(b) substituted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 26(2); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)

F3S. 86(1A)(1B) inserted (1.4.2004) by Water Act 2003 (c. 37), ss. 57(3), 105(3); S.I. 2004/641, art. 3(m) (with art. 6, Sch. 3)

F4Words in s. 86(2) substituted (1.4.2004) by Water Act 2003 (c. 37), ss. 57(4), 105(3); S.I. 2004/641, art. 3(m) (with art. 6, Sch. 3)

F5Words in s. 86(2)(a)(i) substituted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 26(3); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)

F6Words in s. 86(2)(a)(i) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 75(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)

F8Words in s. 86(3) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 75(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)

F9Words in s. 86(3)(a)(b) substituted (1.4.2004) by Water Act 2003 (c. 37), ss. 57(5), 105(3); S.I. 2004/641, art. 3(m) (with art. 6, Sch. 3)

F10Word in s. 86(4) substituted (1.4.2004) by Water Act 2003 (c. 37), ss. 57(6), 105(3); S.I. 2004/641, art. 3(m) (with art. 6, Sch. 3)

F12Words in s. 86(4)(c)(i) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 75(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)

F13Words in s. 86(4)(c)(i) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 75(3); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)

F15Words in s. 86(6) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 75(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)

F16Words in s. 86(6) substituted (1.4.2016) by water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 75(4); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)

F18S. 86(7)-(9) added (1.4.2004) by Water Act 2003 (c. 37), ss. 57(8), 105(3); S.I. 2004/641, art. 3(m) (with art. 6, Sch. 3)