The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007

Recognition as natural mineral waterE+W+S

This section has no associated Explanatory Memorandum

4.—(1) Water is recognised as natural mineral water where —

(a)in the case of water extracted from the ground in England, recognition is granted by the relevant authority in accordance with Part 1 of Schedule 3;

(b)in the case of water extracted from the ground in another part of the United Kingdom, it is recognised there [F1under the relevant bottled water legislation] by a responsible authority of that part of the United Kingdom;

F2(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)in the case of water extracted from the ground in a [F3third country] —

(i)it is recognised by [F4the Secretary of State], in accordance with Part 2 of Schedule 3, or

[F5(ii)it has equivalent recognition in Northern Ireland granted by the Agency in accordance with regulation 4(2)(d)(i) of, and Part 2 of Schedule 1 to, the Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations (Northern Ireland) 2015, or

(iii)it has equivalent recognition in Scotland granted by the Agency in accordance with regulation 4(1)(d)(i) of, and Part 2 of Schedule 3 to, the Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) (No. 2) Regulations 2007, or

(iv)it has equivalent recognition in Wales granted by the Agency in accordance with regulation 4(2)(d)(i) of, and Part 2 of Schedule 1 to, the Natural Mineral Water, Spring Water and Bottled Drinking Water (Wales) Regulations 2015.]

(2) Where, in relation to any water that has been recognised under paragraph (1)(a) or (d)(i), it is found —

(a)by analysis in accordance with Part 3 of Schedule 3, that the requirements of paragraph 3 of that Part are not met;

(b)that the requirements of Schedule 4 are not met; or

(c)that the content of the water is not in accordance with paragraph 2(c) of Part 1 or, as the case may be, paragraph 2(c) of Part 2 of Schedule 3,

the relevant authority or, as the case may be, [F4the Secretary of State], may withdraw that recognition until such time as the requirements concerned are met.

(3) Where—

(a)the relevant authority declines to grant or withdraws recognition of a water; or

(b)[F4the Secretary of State] declines to grant or withdraws recognition of a water,

the person who exploits or wishes to exploit the spring from which that water emerges or, if different, the person who owns the land on which that spring is situated, may apply to [F4the Secretary of State] for a review of that decision.

(4) Upon an application for review of a decision being made under paragraph (3), [F4the Secretary of State] shall make such inquiry into the matter as may seem to it to be appropriate and, having considered the results of that inquiry and any relevant facts elicited by it, shall either—

(a)confirm the decision; or

(b)direct the relevant authority to grant or restore, or itself restore, as appropriate, recognition of the water in question.

(5) A person who exploits a spring from which there is extracted water which is recognised as a natural mineral water in accordance with paragraph (1)(a) or (d)(i), may apply to the relevant authority or [F4the Secretary of State], as appropriate, to have that recognition withdrawn.

(6) Where the relevant authority—

(a)grants, restores or withdraws recognition, it shall immediately inform [F4the Secretary of State] of that fact;

(b)is notified of any change to the trade description of a natural mineral water or to the name of a spring from which natural mineral water has been extracted, it shall immediately inform [F4the Secretary of State] of that change; or

(c)is directed by [F4the Secretary of State] under paragraph (4)(b) to grant or restore recognition, it shall immediately comply with that direction.

(7) Any recognition of water as a natural mineral water granted under the Natural Mineral Waters Regulations 1985 M1 or the Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations 1999 M2 and subsisting on the date that these Regulations come into force shall—

(a)in the case of water extracted from the ground in England, be treated as if it were recognition granted by the relevant authority under paragraph (1)(a); and

(b)in the case of water extracted from the ground in a [F6third country], be treated as if it were recognition granted by [F4the Secretary of State] under paragraph (1)(d)(i); and

F7(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) Schedule 5 shall have effect for the purposes specified for it in Schedule 3.

Textual Amendments

F5Reg. 4(1)(d)(ii)-(iv) substituted for reg. 4(1)(d)(ii) (31.12.2020) by The Food (Amendment) (England) (EU Exit) Regulations 2019 (S.I. 2019/150), regs. 1, 3(4)(a)(iii)(bb) (as substituted by S.I. 2020/1501, regs. 1(a), 3(2)(c))); 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M2S.I. 1999/1540, amended by S.I. 2000/656, S.I. 2003/666 and S.I. 2004/656.