37.—(1) This Part applies to the performance by a local authority of their duty under section 77(1) of the Act(1) insofar as that duty relates to water supplies which are not private supplies.
(2) In this Part “relevant water undertaker”, in relation to a local authority, means a water undertaker any of whose supply zones include an area which is situated within the area of that authority.
38.—(1) In performing their duty under section 77(1) of the Act (general functions of local authorities in relation to water quality), a local authority—
(a)shall make such arrangements with the relevant water undertaker as will secure that the authority is notified as mentioned in regulation 35(8); and
(b)may take, or cause to be taken, and analyse, or cause to be analysed, by a person designated by them in writing, such samples of the water supplied to premises in their area as they may reasonably require.
(2) Regulation 16 shall apply to samples taken by virtue of paragraph (1) as it applies to samples taken for the purposes of Parts IV and V of these Regulations; but with the following modifications—
(a)in paragraph (1), for the words “A water undertaker” there shall be substituted the words “A local authority”; and
(b)in paragraph (2)(e), after the words “the undertaker” there shall be inserted the words “or the authority”.
As to the application of section 77(1) to the councils of counties in which there are no district councils see regulation 5(7) of S.I. 1994/867 as substituted by S.I. 1996/611.