The Water Supply (Water Quality) Regulations 2016

Maintenance of records E+W

34.—(1) Every water undertaker or [F1 wholesale licensee] must, in respect of each of the water supply zones which it uses for the purposes of supplying water to consumers, prepare and maintain a record containing—

(a) the name of the zone;

(b) the name of every water treatment works, service reservoir and other supply point from which water is supplied to premises within the zone;

(c) an estimate of the population of the zone;

(d) particulars of any departure authorised under Part 7 of these Regulations which applies to water supplied in the zone;

(e) particulars of the action taken or required to be taken by the water undertaker or [F2 water supply licensee] to comply with—

(i) any enforcement order made under section 18 of the Act M1 ;

(ii) any departure authorised under Part 7;

(iii) any notice under regulation 20(4);

(f) particulars of the result of any analysis of samples taken in accordance with Part 4 of these Regulations or any of regulations 12 to 14, 17 and 28;

(g) the results of any electronic monitoring where this is carried out in accordance with these Regulations;

(h) particulars of all consumer contacts F3 ... in relation to the discharge of duties under these Regulations;

(i) such other particulars as the water undertaker or [F2 water supply licensee] may determine.

(2) A retail licensee must, in respect of each of the water supply zones which it uses for the purposes of supplying to consumers, prepare and maintain a record containing—

(a) the name of the water supply zone;

(b) particulars of any departure authorised under Part 7 of these Regulations which applies to water supplied in the zone;

(c) particulars of the action taken or required to be taken by the retail licensee to comply with—

(i) any enforcement order made under section 18 of the Act;

(ii) any departure authorised under Part 7;

(iii) any notice under regulation 20(4);

[F4 (ca) particulars of all consumer contacts F5 ... in relation to the discharge of duties under these Regulations;]

(d) such other particulars as the retail licensee may determine.

(3) A water undertaker or [F1 wholesale licensee] must make entries in the record —

(a) in respect of the matters mentioned in paragraph (1)(a) to (d) and (e)(ii), as soon as reasonably practicable and no later than 3 months after the day on which it first introduces water into a supply system for the purposes of supplying water to consumers;

(b) in respect of the matters mentioned in paragraph (1)(e)(i) and (iii), within 28 days of the date of the order and notice respectively;

(c) relating to the results of the analysis of samples, within 28 days of the day on which the result is first known to the water undertaker or [F1 wholesale licensee].

(4) A retail licensee must make—

(a) initial entries in the record in respect of the matters mentioned in paragraph (2)(a), (b) and (c)(ii) no later than 3 months after the day on which it first uses a supply system for the purposes of supplying water to consumers;

(b) entries in the record in respect of the matters mentioned in paragraph (2)(c)(i) and (iii) within 28 days of the date of the order and notice respectively.

(5) Without prejudice to paragraph (3), the relevant supplier must at least once in each year review and update the record required to be kept under paragraph (1) or (2).

(6) Nothing in this regulation requires a relevant supplier to retain a record—

(a) of information mentioned in any of sub-paragraphs (a), (b) and (f) of paragraph (1) or in sub-paragraph (a) of paragraph (2) at any time more than 30 years after the date on which the information was first entered in the record;

(b) of information mentioned in any other sub-paragraph of paragraph (1) or (2) at any time more than 5 years after the date on which the information was first entered in the record.

Textual Amendments

F1 Words in regs. 31-34 substituted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 32(4)

F2 Words in reg. 34(1) substituted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 32(2)

F3 Word in reg. 34(1)(h) omitted (11.7.2018) by virtue of The Water Supply (Water Quality) (Amendment) Regulations 2018 (S.I. 2018/706), regs. 1(1), 2(12)

F4 Reg. 34(2)(ca) inserted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 32(5)

F5 Word in reg. 34(2)(ca) omitted (11.7.2018) by virtue of The Water Supply (Water Quality) (Amendment) Regulations 2018 (S.I. 2018/706), regs. 1(1), 2(12)

Marginal Citations

M1 Section 18 was amended by sections 36(2) and 49(2) of, and paragraph 4 of Schedule 8 to, the Water Act 2003 (c.37). It is prospectively amended by paragraph 26 of Schedule 7 to the Water Act 2014 (c.21) from a date to be appointed.