Water Industry Act 1991

69 Regulations for preserving water quality. E+W

(1) The Secretary of State may by regulations require a water undertaker [F1 or a [F2 water supply licensee] to ensure that such steps are taken] as may be prescribed for the purpose of securing compliance with section 68 above.

(2) Without prejudice to the generality of the power conferred by subsection (1) above, regulations under that subsection may impose an obligation on a water undertaker [F3 or [F4 water supply licensee]]—

(a) to [F5 ensure that all such steps are taken] as may be prescribed for monitoring and recording whether the water [F6 used for relevant supplies] to premises for domestic or food production purposes is wholesome at the time of supply;

(b) to [F7 ensure that all such steps are taken] as may be prescribed for monitoring and recording the quality of the water from any source, or combination of sources, which [F8 is used or is proposed to be used for making relevant supplies] to any premises for domestic or food production purposes;

(c) to ensure that a source which [F9 is used or proposed to be used for making relevant supplies] for domestic or food production purposes is not so used until prescribed requirements for establishing the quality of water which may be supplied from that source have been complied with;

(d) to [F10 ensure that records are kept] of the localities within which all the premises [F11 receiving relevant supplies] for domestic or food production purposes F12 . . . are normally supplied from the same source or combination of sources;

(e) to [F13 ensure that prescribed requirements are complied with] with respect to the analysis of water samples or with respect to internal reporting or organisational arrangements.

(3) Without prejudice to subsections (1) and (2) above, the Secretary of State may by regulations make provision [F14 imposing obligations on water undertakers or [F15 water supply licensees] with respect to the use for the purposes of or in connection with making relevant supplies]—

(a) of such processes and substances; and

(b) of products that contain or are made with such substances or materials,

as he considers might affect the quality of any water.

(4) Without prejudice to the generality of the power conferrred by subsection (3) above, regulations under that subsection may—

(a) [F16 require water undertakers or [F17 water supply licensees] to ensure that] processes, substances and products which have not been approved under the regulations or which contravene the regulations [F18 are not used for the purposes of or in connection with relevant supplies];

(b) for the purposes of provision made by virtue of paragraph (a) above, require [F19 water undertakers and [F20 water supply licensees] to ensure that] processes, substances and products used [F21 for the purposes of or in connection with relevant supplies] conform to such standards as may be prescribed by or approved under the regulations;

(c) impose such other requirements as may be prescribed with respect to the use [F22 for the purposes of or in connection with relevant supplies] of prescribed processes, substances and products;

(d) provide for the giving, refusal and revocation, by prescribed persons, of approvals required for the purposes of the regulations, for such approvals to be capable of being made subject to such conditions as may be prescribed and for the modification and revocation of any such condition;

(e) impose obligations to furnish prescribed persons with information reasonably required by those persons for the purpose of carrying out functions under the regulations;

(f) provide for a contravention of the regulations to constitute—

(i) a summary offence punishable, on summary conviction, by a fine not exceeding level 5 on the standard scale or such smaller sum as may be prescribed; or

(ii) an offence triable either way and punishable, on summary conviction, by a fine not exceeding the statutory maximum and, on conviction on indictment, by a fine;

and

(g) require prescribed charges to be paid to persons carrying out functions under the regulations.

(5) The Secretary of State may by regulations F23 . . . —

(a) [F24 require a water undertaker]to publish information about the quality of water supplied for domestic or food production purposes to any premises [F25 using that undertaker’s supply system]; F26 . . .

[F27 (aa) require a [F28 water supply licensee] to publish information about the quality of water supplied for domestic or food production purposes to any premises by [F29 that licensee].]

(b) [F30 require any such undertaker [F31 or licensee]] to provide information to prescribed persons about the quality of water [F32 supplied as referred to in paragraph (a) or (aa) above (as the case may be)].

(6) Regulations under subsection (5) above—

(a) shall prescribe both the information which is to be published or provided in pursuance of the regulations and the manner and circumstances in which it is to be published or provided;

(b) may require the provision of information by a water undertaker [F33 or [F34 water supply licensee]] to any person to be free of charge or may authorise it to be subject to the payment by that person to the undertaker [F35 or licensee] of a prescribed charge; and

(c) may impose such other conditions on the provision of information by a water undertaker [F36 or [F37 water supply licensee]] to any person as may be prescribed.

[F38 (7) In this section, “relevant supplies” means—

(a) in the case of an obligation imposed on a water undertaker, supplies of water—

(i) made by the undertaker in carrying out its functions; or

(ii) made by a [F39 water supply licensee] using the undertaker’s supply system; and

(b) in the case of an obligation imposed on a [F40 water supply licensee], supplies of water made by that supplier using a water undertaker’s supply system.]

Textual Amendments

F1 Words in s. 69(1) substituted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 19(2); S.I. 2004/641, art. 3(y), Sch. 2

F2 Words in s. 69(1) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 68(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(m) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)

F3 Words in s. 69(2) inserted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 19(3)(a); S.I. 2004/641, art. 3(y), Sch. 2

F4 Words in s. 69(2) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 68(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(m) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)

F5 Words in s. 69(2)(a) substituted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 19(3)(b)(i); S.I. 2004/641, art. 3(y), Sch. 2

F6 Words in s. 69(2)(a) substituted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 19(3)(b)(ii); S.I. 2004/641, art. 3(y), Sch. 2

F7 Words in s. 69(2)(b) substituted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 19(3)(c)(i); S.I. 2004/641, art. 3(y), Sch. 2

F8 Words in s. 69(2)(b) substituted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 19(3)(c)(ii); S.I. 2004/641, art. 3(y), Sch. 2

F9 Words in s. 69(2)(c) substituted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 19(3)(d); S.I. 2004/641, art. 3(y), Sch. 2

F10 Words in s. 69(2)(d) substituted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 19(3)(e)(i); S.I. 2004/641, art. 3(y), Sch. 2

F11 Words in s. 69(2)(d) substituted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 19(3)(e)(ii); S.I. 2004/641, art. 3(y), Sch. 2

F12 Words in s. 69(2)(d) omitted (1.4.2004) by virtue of and repealed (prosp.) by Water Act 2003 (c. 37), ss. 101(1)(2), 105(3), Sch. 8 para. 19(3)(e)(iii), Sch. 9 Pt. 3; S.I. 2004/641, art. 3(y), Sch. 2

F13 Words in s. 69(2)(e) substituted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 19(3)(f); S.I. 2004/641, art. 3(y), Sch. 2

F14 Words in s. 69(3) substituted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 19(4); S.I. 2004/641, art. 3(y), Sch. 2

F15 Words in s. 69(3) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 68(3); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(m) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)

F16 Words in s. 69(4)(a) substituted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 19(5)(a)(i); S.I. 2004/641, art. 3(y), Sch. 2

F17 Words in s. 69(4)(a) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 68(3); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(m) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)

F18 Words in s. 69(4)(a) inserted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 19(5)(a)(ii); S.I. 2004/641, art. 3(y), Sch. 2

F19 Words in s. 69(4)(b) inserted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 19(5)(b)(i); S.I. 2004/641, art. 3(y), Sch. 2

F20 Words in s. 69(4)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 68(3); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(m) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)

F21 Words in s. 69(4)(b) substituted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 19(5)(b)(ii); S.I. 2004/641, art. 3(y), Sch. 2

F22 Words in s. 69(4)(c) substituted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 19(5)(c); S.I. 2004/641, art. 3(y), Sch. 2

F23 Words in s. 69(5) omitted (1.4.2004) by virtue of and repealed (prosp.) by Water Act 2003 (c. 37), ss. 101(1)(2), 105(3), Sch. 8 para. 19(6)(a), Sch. 9 Pt. 3; S.I. 2004/641, art. 3(y), Sch. 2

F24 Words in s. 69(5)(a) inserted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), {Sch. 8 para. 19(6)(b)(i))}; S.I. 2004/641, art. 3(y), Sch. 2

F25 Words in s. 69(5)(a) substituted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 19(6)(b)(ii); S.I. 2004/641, art. 3(y), Sch. 2

F26 Words in s. 69(5)(a) omitted (1.4.2004) by virtue of and repealed (prosp.) by Water Act 2003 (c. 37), ss. 101(1)(2), 105(3), Sch. 8 para. 19(6)(c), Sch. 9 Pt. 3; S.I. 2004/641, art. 3(y), Sch. 2

F27 S. 69(5)(aa) inserted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 19(6)(d); S.I. 2004/641, art. 3(y), Sch. 2

F28 Words in s. 69(5)(aa) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 68(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(m) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)

F29 Words in s. 69(5)(aa) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 68(4); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(m) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)

F30 Words in s. 69(5)(b) inserted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 19(6)(e)(i); S.I. 2004/641, art. 3(y), Sch. 2

F31 Words in s. 69(5)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 68(5); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(m) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)

F32 Words in s. 69(5)(b) substituted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 19(6)(e)(ii); S.I. 2004/641, art. 3(y), Sch. 2

F33 Words in s. 69(6)(b) inserted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 19(7)(a)(i); S.I. 2004/641, art. 3(y), Sch. 2

F34 Words in s. 69(6)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 68(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(m) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)

F35 Words in s. 69(6)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 68(5); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(m) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)

F36 Words in s. 69(6)(c) inserted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 19(7)(b); S.I. 2004/641, art. 3(y), Sch. 2

F37 Words in s. 69(6)(c) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 68(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(m) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)

F38 S. 69(7) inserted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 19(8); S.I. 2004/641, art. 3(y), Sch. 2

F39 Words in s. 69(7)(a)(ii) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 68(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(m) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)

F40 Words in s. 69(7)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 68(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(m) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)