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The Natural Mineral Water, Spring Water and Bottled Drinking Water (Amendment) Regulations (Northern Ireland) 2010
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Version Superseded: 28/11/2015
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Regulation 8
SCHEDULE 1N.I.SCHEDULE INSERTED IMMEDIATELY AFTER SCHEDULE 1 TO THE NATURAL MINERAL WATER, SPRING WATER AND BOTTLED DRINKING WATER REGULATIONS (NORTHERN IRELAND) 2007
This schedule has no associated Explanatory Memorandum
Regulations 2(1) and 16(3)
“SCHEDULE 1AN.I.CONDITIONS FOR TREATMENT OF NATURAL MINERAL WATER AND SPRING WATER WITH ACTIVATED ALUMINA TO REMOVE FLUORIDE
1. A person seeking to have authorised a treatment of natural mineral water and spring water with activated alumina in order to remove fluoride shall—
(a)apply in writing to the district council within whose district the water is extracted;
(b)permit an authorised officer of that district council to examine the proposed method of treatment and place of treatment and take samples for analysis in accordance with regulation 17; and
(c)provide such information in support of the application as is requested by the district council.
2. The district council shall assess the application and any information in its possession and shall authorise the treatment if it is satisfied that—
(a)Articles 1 to 3 of Regulation 115/2010 are complied with in relation to the treatment; and
(b)the treatment does not have a disinfectant action.
3. Where the district council decides to authorise a treatment pursuant to paragraph 2, it shall inform the applicant in writing and state the date from which the authorisation for commercial use of the treatment has effect.
4. Where the district council refuses to authorise a treatment pursuant to paragraph 2, it shall inform the applicant in writing, stating its reasons.
5. Where a treatment has been authorised pursuant to paragraph 2, the person carrying out the treatment must, for the purpose of enabling the district council to assess whether the conditions in paragraph 2 continue to be satisfied—
(a)permit an authorised officer of the district council to examine the method of treatment and place of treatment and take samples for analysis in accordance with regulation 17; and
(b)provide such information related to the treatment as is requested by the district council.
6. If the district council is satisfied that the conditions specified in paragraph 2 are no longer fulfilled, it may withdraw authorisation of a treatment by giving the person carrying out the treatment a written notice stating the grounds for withdrawal.
7. Where the district council has informed an applicant under paragraph 4 of its refusal to authorise a treatment under paragraph 2 or withdraws authorisation of a treatment under paragraph 6, the person who wishes to carry out the treatment may apply to the Agency for a review of that decision.
8. Upon receiving the application for review, the Agency shall —
(a)make such enquiry into the matter as may seem to the Agency to be appropriate; and
(b)having considered the results of that enquiry and any relevant facts elicited by it, either confirm the decision or direct the district council to grant or restore, as appropriate, authorisation of the treatment in respect of which the application was made.
9. In the case of such a direction, the district council shall comply with the direction.”
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