Water Industry Act 1991

Changes over time for: Section 68

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Point in time view as at 11/03/2024.

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Water Industry Act 1991, Section 68 is up to date with all changes known to be in force on or before 13 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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68 Duties of water undertakers [F1and [F2water supply licensees]] with respect to water quality.E+W

(1)It shall be the duty of a water undertaker [F3where its supply system is used for the purpose of supplying water to any premises for domestic or food production purposes]—

(a)[F4to ensure that any water so supplied] is wholesome at the time of supply; and

(b)so far as reasonably practicable, to ensure, in relation to each source or combination of sources from which [F5water is so supplied], that there is, in general, no deterioration in the quality of the water which is supplied from time to time from that source or combination of sources.

[F6and this section and section 69 below apply, in relation to the duty of an undertaker, whether or not the water supplied using the undertaker’s supply system is supplied by the undertaker.]

[F7(1A)It shall be the duty of a [F8water supply licensee]—

(a)when supplying water to any premises for domestic or food production purposes, in accordance with [F9the licensee's retail authorisation or restricted retail authorisation], to ensure that the water is wholesome at the time of supply; and

(b)so far as reasonably practicable, to ensure, in relation to each source or combination of sources from which [F10that licensee] supplies water to premises for domestic or food production purposes, in accordance with [F11the licensee's retail authorisation or restricted retail authorisation], that there is, in general, no deterioration in the quality of the water which is supplied from time to time from that source or combination of sources,

F12...]

(2)For the purposes of this section and section 69 below and subject to subsection (3) below, [F13where a water undertaker’s supply system is used for the purpose of supplying water to any premises, any water so supplied] to any premises shall not be regarded as unwholesome at the time of supply where it has ceased to be wholesome only after leaving the undertaker’s pipes.

(3)For the purposes of [F14subsection (1) above where a water undertaker’s supply system is used for the purpose of supplying water to any premises, and the water so supplied] would not otherwise be regarded as unwholesome at the time of supply, that water shall be regarded as unwholesome at that time if—

(a)it has ceased to be wholesome after leaving the undertaker’s pipes but while in a pipe which is subject to water pressure from a water main or which would be so subject but for the closing of some valve; and

(b)it has so ceased in consequence of the failure of the undertaker, before [F15the water is supplied, to ensure that such steps are taken] as may be prescribed for the purpose of securing the elimination, or reduction to a minimum, of any prescribed risk that the water would cease to be wholesome after leaving the undertaker’s pipes.

[F16(3A)For the purposes of subsection (1A) above where water supplied by a [F17water supply licensee] to any premises would not otherwise be regarded as unwholesome at the time of supply, that water shall be regarded as unwholesome at that time if—

(a)it has ceased to be wholesome after leaving the relevant pipes but while in a pipe which is subject to water pressure from a water main or which would be so subject but for the closing of some valve; and

(b)it has so ceased in consequence of the failure of [F18the licensee], before supplying the water, to ensure that such steps are taken as may be prescribed for the purpose of securing the elimination, or reduction to a minimum, of any prescribed risk that the water would cease to be wholesome after leaving the relevant pipes.

(3B)In subsection (3A) above “relevant pipes” means the pipes of the water undertaker whose supply system is used for the purpose of the supply made by the [F19water supply licensee].]

(4)The provisions of this section shall apply in relation to water which is supplied by a water undertaker whether or not the water is water which the undertaker is required to supply by virtue of any provision of this Act.

(5)The duties of a water undertaker [F20and [F21water supply licensee]] under this section shall be enforceable under section 18 above by the Secretary of State.

[F22(6)References in this section to a retail authorisation or a restricted retail authorisation are to be construed in accordance with Schedule 2A.

(7)In this section “prescribed” means—

(a)in relation to a water undertaker whose area is wholly or mainly in Wales, and

(b)in relation to a water supply licensee so far as relating to licensed activities using the supply system of such a water undertaker,

prescribed by regulations made by the Welsh Ministers by statutory instrument, which is subject to annulment in pursuance of a resolution of the Assembly.]

Textual Amendments

F1 S. 68: words in sidenote inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 18(8); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)

F2Words in s. 68 title substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 67(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)

F3Words in s. 68(1) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 18(2)(a); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)

F4Words in s. 68(1)(a) substituted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 18(2)(b); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)

F5Words in s. 68(1)(b) substituted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 18(2)(c); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)

F6Words in s. 68(1) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 18(2)(d); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)

F7S. 68(1A) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 18(3); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)

F8Words in s. 68(1A) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 67(3)(a); 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)

F9Words in s. 68(1A)(a) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 67(3)(b); 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)

F10Words in s. 68(1A)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 67(3)(c); 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)

F11Words in s. 68(1A)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 67(3)(d); 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)