33.—(1) Subject to paragraph (2), a water undertaker must not apply any substance or product to, or introduce any substance or product into, water which is to be supplied for regulation 5(1) purposes, unless one of the requirements of paragraph (4) is satisfied.
(2) A substance or product which, at the time of its application or introduction—
(a)bears an appropriate CE marking in accordance with the Construction Products Regulation; or
(b)conforms to an appropriate British Standard or some other appropriate standard of an EEA state or Turkey which provides an equivalent level of protection and performance,
may be applied or introduced, notwithstanding that none of the requirements of paragraph (4) is satisfied.
(3) Paragraph (2) applies only if such an application or introduction complies with—
(a)such conditions of use restricting the dosing concentration as are for the time being in force in relation to such substances and products pursuant to a determination of the Department by an notice in writing; and
(b)such other requirements, within the meaning of the Technical Standards Directive, in relation to such substances and products, as have been communicated to the European Commission in the form of a draft technical regulation in accordance with Article 8 of that Directive, and whose adoption by a Member State has also been communicated to the European Commission.
(4) The requirements of this paragraph are that—
(a)the Department has for the time being approved the application or introduction of that substance or product and it is applied or introduced in accordance with any conditions attaching to that approval;
(b)the Department is satisfied that the application or introduction of the substance or product either alone or in combination with any other substance or product in the water is unlikely to adversely affect the quality of the water supplied; or
(c)the substance or product is to be applied or introduced solely for the purposes of testing or research, and the water undertaker has given to the Department not less than 3 months’ notice in writing of its intention so to apply or introduce the substance or product.
(5) An application for an approval mentioned in paragraph (4)(a) may be made by any person.
(6) If the Department decides to issue an approval under paragraph (4)(a), the Department may include in the approval such conditions as the Department considers appropriate and, in accordance with paragraph (10), may at any time revoke or vary any approval that the Department has previously given.
(7) Where substances or products are applied or introduced in any case in which the requirement mentioned in paragraph (4)(c) is satisfied, their application or introduction must be discontinued within 12 months of the date on which they were first applied or introduced or, if the Department by notice given in writing to the water undertaker so directs, within such other period (whether longer or shorter) as may be specified in the notice.
(8) The Department may, by notice given in writing to any water undertaker, prohibit it from applying to, or introducing into, water intended to be supplied for regulation 5(1) purposes any substance or product which the water undertaker would otherwise be authorised to apply or introduce by virtue of—
(a)paragraphs (1) and (4)(b) or (c), or
(b)paragraph (2).
(9) A prohibition under paragraph (8) may be without limitation as to time or for such period as is specified in the notice.
(10) Subject to paragraph (11), the Department may—
(a)revoke by notice in writing any approval given under paragraph (4)(a);
(b)vary any such approval by notice in writing by including conditions or varying existing conditions;
(c)give any such notice as is mentioned in paragraph (8).
(11) Unless the Department is satisfied that it is necessary to do so in the interests of public health without notice, the Department must not act under paragraph (10) without giving all such persons as are, in the Department’s opinion, likely to be affected by the revocation or variation of the approval or by the giving of the notice, at least 6 months’ notice in writing.
(12) Notwithstanding paragraph (11), the Department must give immediate notice to all persons likely to be affected by the revocation or variation of an instrument mentioned in paragraph (10) (a) or (b).
(13) At least once in each year the Department must issue a list of all the substances and products, with particulars of the action taken, in relation to which—
(a)an approval under paragraph 4(a) has been granted or refused;
(b)such an approval has been revoked or varied; and
(c)a notice has been given under paragraph (8).
(14) The Department may—
(a)by notice served on the person who makes an application for approval under paragraph (4)(a), require the person to pay the Department a charge which reflects the administrative expenses incurred or likely to be incurred by the Department in connection with the application; and
(b)in determining the amount of any such charge, adopt such methods and principles for its calculation as appear to the Department to be appropriate.
In this regulation—
“the Construction Products Regulation” means Regulation (EU) No 305/2011 of the European Parliament and of the Council laying down harmonised conditions for the marketing of construction products(1);
“the Technical Standards Directive” means Directive (EU) 2015/1535 of the European Parliament and of the Council laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services(2).
OJ No L 88, 4.4.2011, p 5, as last amended by Commission Delegated Regulation (EU) No 574/2014 (OJ No L 159,
28.5.2014, p 41).
OJ No L 241, 17.9.2015, p 1.