The Private Water Supplies Regulations 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations, which apply in England, implement Council Directive 98/83/EC (on the quality of water intended for human consumption, OJ No L 330, 5.12.1998, p 32) in relation to private water supplies. They revoke and replace the Private Water Supply Regulations 1991 in England.

The principal changes are that the Regulations impose on local authorities a duty to carry out a risk assessment of the private water supplies and they make it an offence to breach a notice served by the local authority under regulation 18. The Regulations establish an appeal process for any person aggrieved by such notice.

They apply to private water supplies other than those provided by a water undertaker or a licensed water supplier. They define “wholesomeness” in regulation 4 and Schedule 1, and impose a duty on the local authority to carry out a risk assessment of the private water supply (regulation 6) and to monitor the supply (regulations 7 to 10 and Schedule 2).

Once monitored, the local authority must ensure that the sample is analysed in the ways set out in the Schedule 3.

The local authority must make and maintain records (regulation 12 and Schedule 4), and must send a copy of the records to the Secretary of State in accordance with regulation 13.

Part 3 of the Regulations sets out procedures if the private water supply is not wholesome.

Schedule 5 sets out the fees payable under the Regulations.

A full impact assessment has been prepared for these Regulations, and laid in the library of each House of Parliament. It is available on the Defra website at www.defra.gov.uk.