PART 6Water quality
CHAPTER 6Retention of functions from the Drinking Water Directive
Power to make provision in relation to monitoring of drinking waterI137
1
The appropriate authority may, by regulations, for the purposes of retained EU law which implemented Annexes 2 and 3 to the Drinking Water Directive, make provision for or in connection with the monitoring of water intended for human consumption.
2
The provision which may be made under paragraph (1) includes specifying—
a
the general objectives of and provisions of monitoring programmes for water intended for human consumption;
b
the general framework for monitoring programmes, including the list of parameters and the sampling frequencies;
c
standards for risk assessment;
d
standards for sampling and sampling points;
e
standards for the methods of analysis used for monitoring, including those for microbiological parameters, and the performance characteristics for methods for chemical and indicator parameters.
3
The provision which may be made under paragraph (1) includes—
a
requiring a reference to Annex 2 or 3 to the Drinking Water Directive (or a reference which encompasses either of those Annexes) to be read as a reference to those Annexes with modifications;
b
amending provision which corresponds to that made by Annex 2 or 3 to the Drinking Water Directive.
4
Regulations under paragraph (1) may amend any subordinate legislation.
5
The appropriate authority may only exercise the power in paragraph (1) to the extent that the authority considers it is appropriate to do so as a result of scientific and technical progress.
6
Before making any regulations under paragraph (1), the appropriate authority must consult—
a
the appropriate drinking water regulator, and
b
such other persons as the authority considers appropriate.
7
In this regulation, the “appropriate drinking water regulator” means—
a
for regulations applying in England, the Chief Inspector of Drinking Water;
b
for regulations applying in Wales, the Chief Inspector of Drinking Water, or the Chief Inspector of Drinking Water for Wales, if different;
c
for regulations applying in Scotland, the Drinking Water Quality Regulator for Scotland;
d
for regulations applying in Northern Ireland, the Drinking Water Inspectorate for Northern Ireland.