PART 4Notice procedure
NoticesI120
1
If any private water supply constitutes a potential danger to human health, a local authority must serve a notice under this regulation on the relevant person instead of a notice under section 80 of the Act.
2
The notice must—
a
identify the private water supply to which it relates;
b
specify the grounds for serving the notice;
c
prohibit or restrict the use of that supply;
d
specify what other action is necessary to—
i
protect human health;
ii
restore the wholesomeness of the private water supply;
iii
maintain the continued wholesomeness of the private water supply following its restoration; and
e
specify the date by which the action required must be taken.
3
The local authority must promptly inform consumers of the private water supply to which the notice relates and provide any necessary advice.
4
The notice may be subject to conditions and may be amended by further notice at any time.
5
The local authority must revoke the notice as soon as it becomes aware that there is no longer a potential danger to human health.
6
It is an offence for a relevant person on whom a notice is served under this regulation to fail to comply with it.
7
Where a relevant person (“P”) fails to take the action required by the date specified in a notice served under paragraph (1), the local authority which served the notice may take such action themselves.
8
Where any action is taken by a local authority under paragraph (7) in relation to any premises—
a
the local authority may recover from P any expenses reasonably incurred by it in taking that action; and
b
where a person, other than the local authority, is liable to make payments to P, sums paid by virtue of sub-paragraph (a) are to be deemed to be expenses incurred in the taking of action by P.