C1C2C5C4C3 Part III WATER SUPPLY

Annotations:
Modifications etc. (not altering text)
C1

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

C2

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

C4

Pt. 3 functions transferred and modified (14.6.2016) by The River Tees Port Health Authority Order 2016 (S.I. 2016/644), arts. 1(1), 9, Sch. 2

C3

Pt. 3: functions etc. assigned to the port health authority and modified (31.3.2017) by The Weymouth Port Health Authority Order 2017 (S.I. 2017/558), arts. 1(1), 9, Sch. 2 (with art. 9(3))

chapter III Quality and Sufficiency of Supplies

General obligations of undertakers F1and F39water supply licensees

Annotations:
Amendments (Textual)
F1

Words 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)

F39

Words in s. 68 cross-heading substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 66; 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)

69 Regulations for preserving water quality.

1

The Secretary of State may by regulations require a water undertaker F2or a F40water supply licensee 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 F31water supply licensee—

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 F42water supply licensees 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 F38water supply licensees 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 F36water supply licensees 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 undertakerto publish information about the quality of water supplied for domestic or food production purposes to any premises F21using that undertaker’s supply system; F22. . .

F23aa

require a F32water supply licensee to publish information about the quality of water supplied for domestic or food production purposes to any premises by F29that licensee.

b

F24require any such undertaker F33or licensee 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 F37water supply licensee to any person to be free of charge or may authorise it to be subject to the payment by that person to the undertaker F35or licensee of a prescribed charge; and

c

may impose such other conditions on the provision of information by a water undertaker F27or F41water supply licensee to any person as may be prescribed.

F287

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 F34water supply licensee using the undertaker’s supply system; and

b

in the case of an obligation imposed on a F30water supply licensee, supplies of water made by that supplier using a water undertaker’s supply system.