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23.—(1) In carrying out such of its functions under Chapter II as comprise the supply of water for drinking, washing and cooking, a water undertaker shall not supply water from any source which consists in or includes raw water unless the water has been disinfected and, in the case of surface water, subjected to at least such further treatment as is specified in paragraph (2):
Provided that this paragraph shall not require an undertaker to disinfect such ground water as is specified in an authorisation given by the Secretary of State for the purposes of this paragraph.
(2) The further treatment mentioned in paragraph (1) is such treatment as is required to secure compliance with Council Directive 75/440/EEC (quality required of surface water intended for the abstraction of drinking water)(1); and for the purposes of this regulation, surface water shall be treated as falling within category A1 or A2 or A3 set out in Annex I to that Directive if it is abstracted from waters for which the classification to be currently satisfied in accordance with section 105(1) of the Act is, as appropriate, DW1 or DW2 or DW3, as set out in the Surface Waters (Classification) Regulations 1989(2).
(3) Until such time as a notice under section 105(1) is served in relation to any waters, those waters shall for the purposes of this regulation be treated as falling within the category A1 or A2 or A3 if the waters were classified as being of that category by a water authority or statutory water company before the making of these Regulations and that classification is notified to the Secretary of State before these Regulations come into force.
(4) Except with the consent of the Secretary of State, water shall not be abstracted for supply for domestic purposes which include drinking except from waters to be treated as falling within category A1 or A2 or A3 in the Annex.
OJ No. L194, 25.7.1975, p.26.
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