21.—(1) Paragraph (3) applies where the Secretary of State considers that the failure (or, in the case of regulation 18, apprehended failure) disclosed by a notification under regulation 18(5) or regulation 19(2)—
(a)is attributable to the domestic distribution system, or the maintenance of that system, in premises where water supplied for regulation 4(1) purposes is made available for members of the public, including schools within the meaning of the Education Act 1996 M1, hospitals and restaurants,
(b)is not trivial and is likely to recur, and
(c)in the cases of a notification given under regulation 19(2), poses a potential danger to human health.
(2) References in this regulation to “failure” are references to a failure or apprehended failure of the type referred to in paragraph (1).
(3) Subject to paragraph (7), the Secretary of State must serve a notice in writing on—
(a)the water undertaker that supplies water to the premises, or
(b)the water undertaker whose supply system is used for the purpose of a [F1water supply licensee] making a supply of water to the premises,
requiring it to exercise the power conferred by section 75(2) of the Act in respect of the failure.
(4) The provisions of section 75(2) to (12) of the Act M2 apply in relation to the exercise of the power in section 75(2) in pursuance of a notice served under paragraph (3), subject to the modifications in paragraph (5).
(5) Those modifications are—
(a)subsections (2)(b) and (4) are to be read as if any reference to “damage, contamination, waste, misuse or undue consumption” were a reference to the failure;
(b)subsection (9) is to be read as if, for the opening words to the end of paragraph (b), there were substituted—
“(9) Where, in a case not falling within subsection (7)(a) or (b) above, any steps specified in a notice served by a water undertaker for the purposes of subsection (2)(b) above have not been taken by the end of the period so specified, the water undertaker—
(a)must take those steps itself; and
(b)subject to subsection (10) below may recover any expenses reasonably incurred by the undertaker in taking those steps from the person on whom the notice was served;”.
(6) Where the water undertaker exercises the power in section 75(2) of the Act pursuant to a notice served by the Secretary of State under paragraph (3), it must inform by notice in writing any of its other consumers who are likely to be affected of the steps it has taken, and such notice must include a copy of any notice that it has served.
(7) Where the Secretary of State considers that the failure (or any aspect of it) is attributable to factors arising from the further distribution by a person other than a water undertaker or [F1water supply licensee] of water supplied by a water undertaker or [F1water supply licensee]—
(a)the Secretary of State must not serve a notice under paragraph (3) in respect of that failure or aspect of it;
(b)if the Secretary of State considers that the local authority needs information or assistance from the water undertaker or [F1water supply licensee] in order to be able to carry out its duties under regulation 15 or 16 of the Private Water Supplies (England) Regulations 2016 M3, the Secretary of State must serve a notice on the water undertaker or [F1water supply licensee] requiring it to provide such information or assistance to the local authority as is specified in the notice.
(8) The water undertaker or [F1water supply licensee] on which a notice under this regulation has been served must take the steps specified in the notice.
(9) On the coming into force of these Regulations, a notice given under regulation 19A(3) of the 2000 Regulations which had effect immediately before the coming into force of these Regulations is taken to be a notice given under paragraph (3) of this regulation.
Textual Amendments
F1Words in reg. 21 substituted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 32(2)
Marginal Citations
M2Section 75 was amended by paragraph 24 of Schedule 8 to the Water Act 2003 and paragraph 72 of Schedule 7 to the Water Act 2014.