The Water Supply (Water Quality) Regulations 2016

Use of processes E+W

32.—(1) The Secretary of State may at any time, by notice in writing given to a water undertaker or [F1 wholesale licensee], require it to make an application to the Secretary of State for approval of the use of any process, and may prohibit it for such period as may be specified in the notice from using any such process in connection with the supply by it of water for regulation 4(1) purposes.

(2) The Secretary of State may refuse the application or impose on any approval given for the purposes of this regulation such conditions as the Secretary of State thinks fit and, subject to paragraph (3), may at any time by notice in writing to the water undertaker or [F1 wholesale licensee] revoke an approval so given, or revoke or vary any condition imposed by virtue of this paragraph.

(3) Subject to paragraph (4), unless the Secretary of State has given to the water undertaker or [F1 wholesale licensee] at least 6 months' notice in writing of the Secretary of State's intention to revoke, vary or prohibit, as the case may be, the Secretary of State must not—

(a) revoke any approval given for the purposes of this regulation;

(b) vary any condition imposed by virtue of paragraph (2);

(c) prohibit a water undertaker or [F1 wholesale licensee] from using any process.

(4) Paragraph (3) does not apply in any case in which the Secretary of State is of the opinion that the immediate revocation, modification or prohibition is necessary in the interests of public health.

(5) Regulation 31(13) applies for the purposes of this regulation, to be read as if—

(a) for the reference to substances or products there were substituted a reference to processes;

(b) for the reference to paragraph (4)(a) there were substituted a reference to this regulation; and

(c) for the reference to paragraph (8) there were substituted a reference to paragraph (1) of this regulation.

(6) On the coming into force of these Regulations—

(a) a notice given under regulation 32(1) 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 (1) of this regulation;

(b) an approval given under regulation 32(2) of the 2000 Regulations which had effect immediately before the coming into force of these Regulations is taken to be an approval given under paragraph (2) of this regulation.

Textual Amendments

F1 Words in regs. 31-34 substituted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 32(4)