The Private Water Supplies Regulations (Northern Ireland) 2009

PART 1 Water Standards

Citation and commencement

1.  These Regulations may be cited as the Private Water Supplies Regulations (Northern Ireland) 2009 and shall come into operation on 18th January 2010.

Interpretation

2.—(1) The Interpretation Act (Northern Ireland) 1954 (1) shall apply to these Regulations as it applies to an Act of the Assembly.

(2) In these Regulations—

“the 2006 Order” means the Water and Sewerage Services (Northern Ireland) Order 2006;

“the Appeals Commission” means the Water Appeals Commission for Northern Ireland as established under Part XII of the 2006 Order;

“the Department” means the Department of the Environment;

“district council” means a district council as established under Part I of the Local Government Act (Northern Ireland) 1972(2);

“the Public Health Agency” means the Regional Agency for Public Health and Social Well-being as established under Section 12 of the Health and Social Care (Reform) Act (Northern Ireland) 2009(3);

a “responsible person” is—

(a)

the owner or occupier of the land supplied; and

(b)

any other person who exercises powers of management or control in relation to the supply.

(3) Any other expressions used in these Regulations and in Council Directive 98/83/EC on the quality of water intended for human consumption (4) have the same meaning as in that Directive.

Water Supplies to which these Regulations apply

3.—(1) These Regulations apply to all water supplies intended for human consumption not provided by a water undertaker appointed under Article 13 of the 2006 Order.

(2) The supplies in paragraph (1) are referred to in these Regulations as private supplies.

Exemptions

4.  These Regulations do not apply in relation to—

(a) water controlled by the Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations (Northern Ireland) 2007(5);

(b) water that is a medicinal product within the meaning of the Medicines Act 1968(6); or

(c) water used solely for washing a crop after it has been harvested and that does not affect the fitness for human consumption of the crop or of any food or drink derived from the crop.

Wholesomeness

5.  Water is wholesome if all the following conditions are met—

(a) it does not constitute a risk to human health;

(b) it meets the concentrations and values specified in Part 1 of Schedule 1; and

(c) in the water: .

New installations

6.  Only substances or products specified under regulation 30 of the Water Supply (Water Quality) Regulations (Northern Ireland) 2007(7) may be used for new installations for the preparation or distribution of water intended for human consumption.

Requirement to carry out a risk assessment

7.—(1) The Department shall carry out an assessment (“risk assessment”) of the potential risks associated with each private supply to which these Regulations apply (other than a supply to a single private dwelling) within eighteen months of the coming into operation of these Regulations, and subsequently every five years (or earlier if it considers that the existing risk assessment is inadequate).

(2) The Department shall carry out a risk assessment, where the private supply is a new supply and is to be used for the first time, within six months of that supply being identified as a private supply under Regulation 3.

(3) The Department may enter into an arrangement for any person to carry out a risk assessment on its behalf for the purposes of this regulation.

(4) The Department may provide for any such person to be reimbursed.

(5) The Department shall not enter into an arrangement under paragraph (3) unless it is satisfied that the task will be carried out promptly by a person competent to perform it.

(6) Schedule 2 (Requirements for Risk Assessment) has effect.

(1)

1954 c.33 (NI)

(2)

1972 c.9 (NI)

(3)

2009 c.1 (NI)

(4)

O.J. No. L 330, 5.12.98, p.32

(5)

S.R. 2007 No. 420

(6)

1968 c. 67 (see section 130) to which there are amendments not relevant to these Regulations

(7)

S.R. 2007 No. 147 as amended by S.R. 2009 No. 246