Part IIIE+W WATER SUPPLY

Modifications etc. (not altering text)

C1Part III: definition of "consumer" applied (01.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 176(7), 225(2).

C2Part III: definition of "water fittings" applied (01.12.1991) by Statutory Water Companies Act 1991 (c. 58, SIF 130), ss. 15(1), 17(2).

chapter IIIE+W Quality and Sufficiency of Supplies

General obligations of undertakers [F1and licensed water suppliers]E+W

Textual Amendments

F1Words in s. 68 cross-heading 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)

69 Regulations for preserving water quality.E+W

(1)The Secretary of State may by regulations require a water undertaker [F2or a licensed water supplier to ensure that such steps are taken] as may be prescribed for the purpose of securing compliance with section 68 above.

(2)Without prejudice to the generality of the power conferred by subsection (1) above, regulations under that subsection may impose an obligation on a water undertaker [F3or licensed water supplier]—

(a)to [F4ensure that all such steps are taken] as may be prescribed for monitoring and recording whether the water [F5used for relevant supplies] to premises for domestic or food production purposes is wholesome at the time of supply;

(b)to [F6ensure that all such steps are taken] as may be prescribed for monitoring and recording the quality of the water from any source, or combination of sources, which [F7is used or is proposed to be used for making relevant supplies] to any premises for domestic or food production purposes;

(c)to ensure that a source which [F8is used or proposed to be used for making relevant supplies] for domestic or food production purposes is not so used until prescribed requirements for establishing the quality of water which may be supplied from that source have been complied with;

(d)to [F9ensure that records are kept] of the localities within which all the premises [F10receiving relevant supplies] for domestic or food production purposes F11. . . are normally supplied from the same source or combination of sources;

(e)to [F12ensure that prescribed requirements are complied with] with respect to the analysis of water samples or with respect to internal reporting or organisational arrangements.

(3)Without prejudice to subsections (1) and (2) above, the Secretary of State may by regulations make provision [F13imposing obligations on water undertakers or licensed water suppliers with respect to the use for the purposes of or in connection with making relevant supplies]—

(a)of such processes and substances; and

(b)of products that contain or are made with such substances or materials,

as he considers might affect the quality of any water.

(4)Without prejudice to the generality of the power conferrred by subsection (3) above, regulations under that subsection may—

(a)[F14require water undertakers or licensed water suppliers to ensure that] processes, substances and products which have not been approved under the regulations or which contravene the regulations [F15are not used for the purposes of or in connection with relevant supplies];

(b)for the purposes of provision made by virtue of paragraph (a) above, require [F16water undertakers and licensed water suppliers to ensure that] processes, substances and products used [F17for the purposes of or in connection with relevant supplies] conform to such standards as may be prescribed by or approved under the regulations;

(c)impose such other requirements as may be prescribed with respect to the use [F18for the purposes of or in connection with relevant supplies] of prescribed processes, substances and products;

(d)provide for the giving, refusal and revocation, by prescribed persons, of approvals required for the purposes of the regulations, for such approvals to be capable of being made subject to such conditions as may be prescribed and for the modification and revocation of any such condition;

(e)impose obligations to furnish prescribed persons with information reasonably required by those persons for the purpose of carrying out functions under the regulations;

(f)provide for a contravention of the regulations to constitute—

(i)a summary offence punishable, on summary conviction, by a fine not exceeding level 5 on the standard scale or such smaller sum as may be prescribed; or

(ii)an offence triable either way and punishable, on summary conviction, by a fine not exceeding the statutory maximum and, on conviction on indictment, by a fine;

and

(g)require prescribed charges to be paid to persons carrying out functions under the regulations.

(5)The Secretary of State may by regulations F19. . . —

(a)[F20require a water undertaker]to publish information about the quality of water supplied for domestic or food production purposes to any premises [F21using that undertaker’s supply system]; F22. . .

[F23(aa)require a licensed water supplier to publish information about the quality of water supplied for domestic or food production purposes to any premises by that supplier]

(b)[F24require any such undertaker or supplier]to provide information to prescribed persons about the quality of water [F25supplied as referred to in paragraph (a) or (aa) above (as the case may be)].

(6)Regulations under subsection (5) above—

(a)shall prescribe both the information which is to be published or provided in pursuance of the regulations and the manner and circumstances in which it is to be published or provided;

(b)may require the provision of information by a water undertaker [F26or licensed water supplier] to any person to be free of charge or may authorise it to be subject to the payment by that person to the undertaker [F27or supplier] of a prescribed charge; and

(c)may impose such other conditions on the provision of information by a water undertaker [F28or licensed water supplier] to any person as may be prescribed.

[F29(7)In this section, “relevant supplies” means—

(a)in the case of an obligation imposed on a water undertaker, supplies of water—

(i)made by the undertaker in carrying out its functions; or

(ii)made by a licensed water supplier using the undertaker’s supply system; and

(b)in the case of an obligation imposed on a licensed water supplier, supplies of water made by that supplier using a water undertaker’s supply system.]

Textual Amendments

F2Words in s. 69(1) substituted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 19(2); S.I. 2004/641, art. 3(y), Sch. 2

F3Words in s. 69(2) inserted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 19(3)(a); S.I. 2004/641, art. 3(y), Sch. 2

F4Words in s. 69(2)(a) substituted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 19(3)(b)(i); S.I. 2004/641, art. 3(y), Sch. 2

F5Words in s. 69(2)(a) substituted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 19(3)(b)(ii); S.I. 2004/641, art. 3(y), Sch. 2

F6Words in s. 69(2)(b) substituted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 19(3)(c)(i); S.I. 2004/641, art. 3(y), Sch. 2

F7Words in s. 69(2)(b) substituted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 19(3)(c)(ii); S.I. 2004/641, art. 3(y), Sch. 2

F8Words in s. 69(2)(c) substituted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 19(3)(d); S.I. 2004/641, art. 3(y), Sch. 2

F9Words in s. 69(2)(d) substituted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 19(3)(e)(i); S.I. 2004/641, art. 3(y), Sch. 2

F10Words in s. 69(2)(d) substituted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 19(3)(e)(ii); S.I. 2004/641, art. 3(y), Sch. 2

F11Words in s. 69(2)(d) omitted (1.4.2004) by virtue of and repealed (prosp.) by Water Act 2003 (c. 37), ss. 101(1)(2), 105(3), Sch. 8 para. 19(3)(e)(iii), Sch. 9 Pt. 3; S.I. 2004/641, art. 3(y), Sch. 2