The Water Supply (Water Quality) (Amendment) Regulations 1989

This Statutory Instrument has been made in consequence of defects in S.I. 1989/1147 and is being issued free of charge to all known recipients of that Statutory Instrument.

Statutory Instruments

1989 No. 1384

WATER, ENGLAND AND WALES

The Water Supply (Water Quality) (Amendment) Regulations 1989

Made

3rd August 1989

Laid before Parliament

11th August 1989

Coming into force

1st September 1989

The Secretary of State for the Environment and the Secretary of State for Wales, in exercise of the powers conferred on them by sections 52, 53, 56, 65 and 185(2) of the Water Act 1989(1), and of all other powers enabling them in that behalf (those powers being exercised as mentioned in Schedule 1 to the Water Supply (Water Quality) Regulations 1989(2)), hereby make the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Water Supply (Water Quality) (Amendment) Regulations 1989 and shall come into force on 1st September 1989.

Amendment of Regulations

2.  The Water Supply (Water Quality) Regulations 1989 are amended–

(1) in regulation 2 by the insertion, after the definition of “consumer”, of the following definition–

““disinfected” means subjected to a process which removes or renders inactive pathogenic micro-organisms so as to satisfy the requirements of Part II of these Regulations in respect of the parameters listed in Table C; and cognate expressions (with the exception of the term “residual disinfectant”) shall be construed accordingly;”;

(2) in regulation 3(5) and (6) by the substitution for the words “paragraph (2)(c)” of the words “paragraph (3)(c)”;

(3) in regulation 3(6) by the substitution for sub-paragraphs (a) and (b) of the following sub-paragraphs–

“(a) if, in the preceding 12 months, 50 or more samples have been taken in accordance with these Regulations in respect of that parameter, every such sample taken in those months; or

(b) in any other case, the last 50 samples so taken,”;

(4) in regulation 6(2) by the substitution for the words from the beginning of the paragraph to the beginning of sub-paragraph (a) of the following words–

“An authorisation given under this Part may include conditions relating to–”;

(5) by the substitution for regulation 8(1)(c) of the following–

“(c) regulation 6 authorised only imposition of the conditions mentioned in paragraph (2) thereof”;

(6) in regulations 10 and 16 by the substitution for the words “so specified” of the words “specified in this Part”;

(7) in regulation 13(7) by the omission after head (ii) of the words “in respect of that parameter”;

(8) in regulations 13(8)(b) and 19(2)(b) by the substitution for the words “other period” and “the period” of the words “other part of the period” and “that part”, respectively;

(9) in regulation 22 by the omission of the definition of “disinfected”;

(10) in regulation 23(1) by the substitution for the words “consists in” of the words “consists of”;

(11) in regulation 24(3) by the substitution for the words “of the kind mentioned in section 52(3)(a) of the Act” of the words “which is subject to water pressure from a water main or would be so subject but for the closing of some valve and”; and

(12) in regulation 25(1)(b) by the insertion after the word “affect” of the word “adversely”.

Signed by authority of the Secretary of State

Colin Moynihan

Parliamentary Under Secretary of State,

Department of the Environment

2nd August 1989

Signed by authority of the Secretary of State

Ian Grist

Parliamentary Under Secretary of State, Welsh Office

3rd August 1989

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Water Supply (Water Quality) Regulations 1989.

There are two principal changes. Firstly, the amendment to regulation 3(6) permits a water undertaker to regard as wholesome water which contains total coliforms (a microbiological parameter) only if 95% of the results of analysis of samples taken in respect of total coliforms in the preceding 12 months established an absence of total coliforms or, where less than 50 samples were taken in that period, total coliforms were absent from 95% of the last 50 samples.

Secondly, the amendment to regulation 6(2) enables the Secretary of State to impose conditions on authorisations granted under Part III of the Regulations (relaxations of the requirements of Part II).

The Regulations also make a number of drafting amendments.

(1)

1989 c. 15; see section 189(9) as to the joint exercise of powers exercisable concurrently.

(2)

S.I. 1989/1147.