C1C2C5C4C3 Part III WATER SUPPLY
Part III: definition of "water fittings" applied (01.12.1991) by Statutory Water Companies Act 1991 (c. 58, SIF 130), ss. 15(1), 17(2).
Pt. 3 modified (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 9, Sch. 2
Pt. 3 functions transferred and modified (14.6.2016) by The River Tees Port Health Authority Order 2016 (S.I. 2016/644), arts. 1(1), 9, Sch. 2
Pt. 3: functions etc. assigned to the port health authority and modified (31.3.2017) by The Weymouth Port Health Authority Order 2017 (S.I. 2017/558), arts. 1(1), 9, Sch. 2 (with art. 9(3))
chapter III Quality and Sufficiency of Supplies
General obligations of undertakers F12and F19water supply licensees
Words in s. 68 cross-heading inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 18(8); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)
Words in s. 68 cross-heading substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 66; S.I. 2016/465, art. 2(m), Sch. 1 para. 1(m) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)
68 Duties of water undertakers F11and F20water supply licensees with respect to water quality.
1
It shall be the duty of a water undertaker F1where its supply system is used for the purpose of supplying water to any premises for domestic or food production purposes—
a
F2to ensure that any water so supplied is wholesome at the time of supply; and
b
so far as reasonably practicable, to ensure, in relation to each source or combination of sources from which F3water is so supplied, that there is, in general, no deterioration in the quality of the water which is supplied from time to time from that source or combination of sources.
F4and this section and section 69 below apply, in relation to the duty of an undertaker, whether or not the water supplied using the undertaker’s supply system is supplied by the undertaker.
F51A
It shall be the duty of a F23water supply licensee—
a
when supplying water to any premises for domestic or food production purposes, in accordance with F18the licensee's retail authorisation or restricted retail authorisation, to ensure that the water is wholesome at the time of supply; and
b
so far as reasonably practicable, to ensure, in relation to each source or combination of sources from which F24that licensee supplies water to premises for domestic or food production purposes, in accordance with F15the licensee's retail authorisation or restricted retail authorisation, that there is, in general, no deterioration in the quality of the water which is supplied from time to time from that source or combination of sources,
F17...
2
For the purposes of this section and section 69 below and subject to subsection (3) below, F6where a water undertaker’s supply system is used for the purpose of supplying water to any premises, any water so supplied to any premises shall not be regarded as unwholesome at the time of supply where it has ceased to be wholesome only after leaving the undertaker’s pipes.
3
For the purposes of F7subsection (1) above where a water undertaker’s supply system is used for the purpose of supplying water to any premises, and the water so supplied would not otherwise be regarded as unwholesome at the time of supply, that water shall be regarded as unwholesome at that time if—
a
it has ceased to be wholesome after leaving the undertaker’s pipes but while in a pipe which is subject to water pressure from a water main or which would be so subject but for the closing of some valve; and
b
it has so ceased in consequence of the failure of the undertaker, before F8the water is supplied, to ensure that such steps are taken as may be prescribed for the purpose of securing the elimination, or reduction to a minimum, of any prescribed risk that the water would cease to be wholesome after leaving the undertaker’s pipes.
F93A
For the purposes of subsection (1A) above where water supplied by a F22water supply licensee to any premises would not otherwise be regarded as unwholesome at the time of supply, that water shall be regarded as unwholesome at that time if—
a
it has ceased to be wholesome after leaving the relevant pipes but while in a pipe which is subject to water pressure from a water main or which would be so subject but for the closing of some valve; and
b
it has so ceased in consequence of the failure of F14the licensee, before supplying the water, to ensure that such steps are taken as may be prescribed for the purpose of securing the elimination, or reduction to a minimum, of any prescribed risk that the water would cease to be wholesome after leaving the relevant pipes.
3B
In subsection (3A) above “relevant pipes” means the pipes of the water undertaker whose supply system is used for the purpose of the supply made by the F16water supply licensee.
4
The provisions of this section shall apply in relation to water which is supplied by a water undertaker whether or not the water is water which the undertaker is required to supply by virtue of any provision of this Act.
5
F216
References in this section to a retail authorisation or a restricted retail authorisation are to be construed in accordance with Schedule 2A.
7
In this section “prescribed” means—
a
in relation to a water undertaker whose area is wholly or mainly in Wales, and
b
in relation to a water supply licensee so far as relating to licensed activities using the supply system of such a water undertaker,
prescribed by regulations made by the Welsh Ministers by statutory instrument, which is subject to annulment in pursuance of a resolution of the Assembly.
Part III: definition of "consumer" applied (01.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 176(7), 225(2).