Water Act 2003

The Drinking Water Inspectorate

57 The Chief Inspector of Drinking Water and the Drinking Water Inspectorate

(1) Section 86 of the WIA (which provides for the appointment of technical assessors for the enforcement of water quality) is amended as provided in subsections (2) to (8).

(2) In subsection (1), the words “as technical assessors” are omitted.

(3) After subsection (1) there is inserted—

“(1A) Subject to subsection (1B) below, the Secretary of State shall designate one such person as the Chief Inspector of Drinking Water.

(1B) If the function of the Secretary of State under subsection (1) above is transferred to any extent to the Assembly—

(a) subject to paragraph (b) below, the Assembly may designate one such person appointed by it as the Chief Inspector of Drinking Water for Wales; but

(b) if the person designated by the Assembly is the same as the person designated by the Secretary of State as the Chief Inspector of Drinking Water, he shall be known as such in both capacities.”

(4) In subsection (2), for “A person” there is substituted “An inspector”.

(5) In subsection (3)(a) and (b), for “a person” there is substituted “an inspector”.

(6) In subsection (4), for “person”, wherever it appears, there is substituted “inspector”.

(7) In subsection (6), for the words from “on summary conviction” to the end there is substituted—

“(a) on summary conviction, to a fine not exceeding £20,000;

(b) on conviction on indictment, to a fine.”

(8) After subsection (6) there is added—

“(7) Proceedings by the Secretary of State for an offence under this section or in relation to the quality and sufficiency of water supplied using a water undertaker’s supply system may be instituted and carried on in the name of the Chief Inspector of Drinking Water.

(8) Any such proceedings by the Assembly may be instituted and carried on in the name of the Chief Inspector of Drinking Water for Wales, if there is one (or, if subsection (1B)(b) above applies, in the name of the Chief Inspector of Drinking Water).

(9) In this section “inspector” means the Chief Inspector of Drinking Water or any other person appointed under subsection (1) above.”

(9) In section 219 of the WIA (general interpretation), after subsection (9) there is added—

“(10) If the Assembly designates a person as Chief Inspector of Drinking Water for Wales under section 86(1B) above, references in this Act to the Chief Inspector of Drinking Water, as respects anything to be done in relation to him, shall be taken as references to the person designated as the Chief Inspector of Drinking Water by the Secretary of State and also the person designated by the Assembly as the Chief Inspector of Drinking Water for Wales.”

(10) Subsection (7) does not have effect in relation to any offence committed before the commencement of that subsection.