The Private Water Supplies Regulations 1991

Authorisations

4.—(1) Subject to the following provisions of this Part, the Secretary of State or a local authority may, upon the written application of a relevant person, authorise a relaxation of the provisions of Part II as respects a private supply if he or, as the case may be, the authority is satisfied–

(a) that the authorisation is necessary, as an emergency measure, to maintain a supply for human consumption;

(b) that the authorisation is called for by reason of exceptional meteorological conditions;

(c) that the authorisation is called for by reason of the nature and structure of the ground in the area from which the supply emanates; or

(d) that the supply is, or is to be used, solely for food production purposes.

(2) The Secretary of State or a local authority may, in the circumstances mentioned in paragraph (1)(c), authorise a relaxation of the provisions of Part II as respects a private supply notwithstanding that no application for such authorisation has been made.

(3) A relevant person shall, if there are any other relevant persons in relation to the private supply in question, at the same time as he makes an application for an authorisation–

(a) serve a notice of the application on all those persons; or

(b) publish a notice of the application at least once in each of two successive weeks in one or more newspapers circulating in the locality of the supply.

(4) A local authority shall consult the Secretary of State before exercising any power conferred by paragraph (1) or (2) in relation to a class A, B, 1 or 2 supply.

(5) A local authority which is required by paragraph (4) to consult the Secretary of State shall comply with such directions as he may give in relation to the supply in question as to–

(a) the transmission to him for determination of any application made to the authority;

(b) the imposition of conditions on the grant of an authorisation;

(c) the refusal of an application; or

(d) the revocation or modification of an authorisation.

(6) A local authority which grants an authorisation–

(a) under paragraph (1)(a);

(b) under paragraph (1)(b) or (c) in relation to a class A or 1 supply; or

(c) under paragraph (1)(d),

shall forthwith send a copy of that authorisation to the Secretary of State.

(7) A local authority shall exercise the powers conferred by paragraph (1) or (2) only if some or all of the premises served by the private supply are within their area; and, where only some of those premises are within their area, only if the powers are exercised jointly with, or with the consent of, any other local authority in whose area the rest of those premises are situated.