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The Water Supply (Domestic Distribution Systems) Regulations (Northern Ireland) 2010

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EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision for implementing in part Articles 6(2) and 8 of Council Directive 98/83/EC on the quality of water intended for human consumption.

Regulation 2(1) requires the Department of Environment/Department for Regional Development to serve a notice on a domestic supplier where—

(1) a failure (which includes apprehended failure) has been identified as attributable to the domestic distribution system under Regulation 17(5) or 18(2) of the Water Supply (Water Quality) Regulations (Northern Ireland) 2007;

(2) the Department considers that the failure is not trivial and likely to recur; and

(3) the failure constitutes a potential danger to human health in the case of a notification given under regulation 18(2).

By that notice, the Department requires the domestic supplier to take such steps as may be specified in the notice to remedy that failure within the period specified in the notice.

Regulation 2(2) imposes a duty on the Department to take the steps specified in the notice where the domestic supplier fails to comply with the notice and regulation 2(3) enables the Department to recover any expenses reasonably incurred by it in so doing from the domestic supplier.

Regulation 3 requires the Department to ensure that it takes such steps as are necessary to ensure that consumers are notified of any remedial action taken under regulation 2.

Regulation 4 makes it an offence not to comply with a notice served under regulation 2 which is liable on summary conviction of a fine not exceeding level 5 on the standard scale.

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