The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007

[F1 PART 10 E+W+S Delegation of tasks by a food authority

Textual Amendments

F1 Sch. 12 inserted (6.4.2018) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) Regulations 2018 (S.I. 2018/352), reg. 1(1), Sch. 2

SECTION 1 E+W+S Delegation of tasks

Delegation E+W+S

56.— (1) A food authority may delegate a task specified in the first column of the table in Section 2 (tasks that may be delegated) on an one-off or occasional basis or for such duration as may, from time to time, be agreed between the food authority and the person to whom the task is to be delegated.

(2) Any arrangement entered into under sub-paragraph (1) must provide that the delegate must comply with any provision in this Schedule relating to the exercise of that task, including any provision relating to—

(a) the taking of samples,

(b) the frequency (if relevant, taking into account the duration of the arrangement) at which the samples are to be taken,

(c) the method of analysis that must be used to analyse samples, including any minimum performance characteristics that apply to the selection of a method of analysis,

(d) the calculation of the limit of detection,

(e) the use of uncertainty of measurement percentages,

(f) the validation and documenting of the methods of analysis used, and

(g) the use of quality management practices.

(3) In relation to a task specified in the first column of the table in Section 2 for which there is an entry in the second column of the table, any arrangement entered into under sub-paragraph (1) must provide that—

(a) the food authority must, where specified in the second column of the table, provide the delegate with the instructions needed to carried out the task, and

(b) the delegate must carry out the delegated task on the basis specified in the second column of that table.

(4) A food authority must not enter into an arrangement under sub-paragraph (1) unless—

(a) it is satisfied that the task will be carried out promptly by a person competent to perform it, and

(b) it has made arrangements with the delegate to ensure that—

(i) where the result of an analysis indicates that the concentration or value of any parameter has been exceeded, the delegate will communicate the result of the analysis to the food authority immediately after determining the result, and

(ii) in every other case, the delegate will communicate the result of the analysis to the food authority within 28 days beginning with the day after the day on which it has determined the result.

SECTION 2 E+W+S Tasks that may be delegated

Task that may be delegated	Basis of delegation (where relevant)
The task of taking samples under paragraph 4 of all waters in a food authority’s area to which this Schedule applies or of such of those waters as are specified in the arrangement
The task of taking samples under paragraph 5 of all waters in a food authority’s area to which this Schedule applies or of such of those waters as are specified in the arrangement
The task of analysing samples of water under paragraph 7(1) (microbiological parameters)
The task of analysing samples of water under paragraph 8(1) (chemical parameters)
The task of analysing samples of water under paragraph 13 (other parameters)	The food authority must provide the delegate with instructions relating to the identity of the property, element, substance or organism that is to be checked and the delegate must analyse the samples in accordance with those instructions.
The task of analysing samples of water under paragraph 25 (radon)
The task of taking an extra sample, or extra samples, of water under paragraph 26(3) (radon)	In a case where the food authority has provided general instructions to the delegate in relation to the application of paragraph 26(3) concerning the number of samples to be taken and, in a case where more than one extra sample may need to be taken, the period during which extra samples are to be taken (“the specified matters”), the delegate must take an extra sample, or extra samples, in accordance with those instructions. In a case where the food authority has not provided general instructions to the delegate in relation to the specified matters, the food authority must provide the delegate with specific instructions concerning those matters at the time an extra sample falls to be taken under paragraph 26(3) and the delegate must take the samples in accordance with those instructions.
The task of analysing an extra sample, or extra samples, of water under paragraph 26(3) (radon)
The task of analysing samples of water under paragraph 31 (tritium)
The task of taking an extra sample, or extra samples, of water under paragraph 32(2) (tritium)	In a case where the food authority has provided general instructions to the delegate in relation to the application of paragraph 32(2) concerning the number of samples to be taken and, in a case where more than one extra sample may need to be taken, the period during which extra samples are to be taken (“the specified matters”), the delegate must take an extra sample, or extra samples, in accordance with those instructions. In a case where the food authority has not provided general instructions to the delegate in relation to the specified matters, the food authority must provide the delegate with specific instructions concerning those matters at the time an extra sample falls to be taken under paragraph 32(2) and the delegate must take the samples in accordance with those instructions.
The task of analysing an extra sample, or extra samples, of water under paragraph 32(2)(a) and (b) (tritium)
The task of measuring gross alpha activity and gross beta activity in a sample under paragraph 32(2)(c)
The task of analysing samples of water under paragraph 32(2)(d) (relating to the determination of the presence of artificial radionuclides in the water), and the taking of such extra sample, or extra samples, of the water as may be needed for that purpose
The task of analysing samples of water under paragraph 38(2) (screening by determining gross alpha activity)
The task of analysing samples of water under paragraph 38(5) (relating to the determination of the presence and concentration of certain radionuclides in the water), and the taking of such extra sample, or extra samples, of the water as may be needed for that purpose	The food authority must provide the delegate with instructions specifying the radionuclides in the sample [F2 for which] analysis must be carried out by the delegate and the delegate must analyse the samples in accordance with those instructions.
The task of analysing samples of water under paragraph 39(2) (screening by determining gross beta activity)
The task of analysing samples of water under paragraph 39(5) (relating to the determination of the presence and concentration of certain radionuclides in the water) and the taking of such extra sample, or extra samples, of the water as may be needed for that purpose	The food authority must provide the delegate with instructions specifying the radionuclides in the sample [F2 for which] analysis must be carried out by the delegate and the delegate must analyse the samples in accordance with those instructions.
The task of analysing samples of water under paragraph 40(2) (screening based on analysis relating to one radionuclide)
The task of analysing samples of water under paragraph 40(5) (relating to the determination of the presence and concentration of certain radionuclides in the water) and taking such extra sample, or extra samples, of the water as may be needed for that purpose	The food authority must provide the delegate with instructions specifying the radionuclides in the sample [F2 for which] analysis must be carried out by the delegate and the delegate must analyse the samples in accordance with those instructions.
The task of analysing samples of water under paragraph 41(2) (screening based on analyses relating to more than one radionuclide)
The task of analysing samples of water under paragraph 41(5) (relating to the determination of the presence and concentration of certain radionuclides in water) and taking such extra sample, or extra samples, of the water as may be needed for that purpose	The food authority must provide the delegate with instructions specifying the radionuclides in the sample [F2 for which] analysis must be carried out by the delegate and the delegate must analyse the samples in accordance with those instructions.
The task of analysing samples of water under paragraph 43(1) (relating to the determination of the presence, and concentration of, certain radionuclides in water)	The food authority must provide the delegate with instructions specifying the radionuclides in the sample [F2 for which] analysis must be carried out by the delegate and the delegate must analyse the samples in accordance with those instructions.
The task of carrying out a paragraph 45 determination (relating to indicative dose)
The task of taking an extra sample, or extra samples of water under paragraph 46(3) (further sampling required following an indicative dose determination)	In a case where the food authority has provided general instructions to the delegate in relation to the application of paragraph 46(3) concerning the number of samples to be taken and, in a case where more than one extra sample may need to be taken, the period during which extra samples are to be taken (“the specified matters”), the delegate must take an extra sample, or extra samples, in accordance with those instructions. In a case where the food authority has not provided general instructions to the delegate in relation to the specified matters, the food authority must provide the delegate with specific instructions concerning those matters at the time an extra sample falls to be taken under paragraph 46(3) and the delegate must take the samples in accordance with those instructions.
The task of analysing an extra sample, or extra samples, of water under paragraph 46(3)
The task of analysing samples of water under paragraph 50(1) (indicator parameters)]

Textual Amendments

F2 Words in Sch. 12 Pt. 10 substituted (29.3.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments etc.) Regulations 2019 (S.I. 2019/526), regs. 1(2), 27(2)(c)