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Water Industry Act 1991

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69 Regulations for preserving water quality.E+W

(1)The Secretary of State may by regulations require a water undertaker [F1or a licensed water supplier to ensure that such steps are taken] as may be prescribed for the purpose of securing compliance with section 68 above.

(2)Without prejudice to the generality of the power conferred by subsection (1) above, regulations under that subsection may impose an obligation on a water undertaker [F2or licensed water supplier]

(a)to [F3ensure that all such steps are taken] as may be prescribed for monitoring and recording whether the water [F4used for relevant supplies] to premises for domestic or food production purposes is wholesome at the time of supply;

(b)to [F5ensure that all such steps are taken] as may be prescribed for monitoring and recording the quality of the water from any source, or combination of sources, which [F6is used or is proposed to be used for making relevant supplies] to any premises for domestic or food production purposes;

(c)to ensure that a source which [F7is used or proposed to be used for making relevant supplies] for domestic or food production purposes is not so used until prescribed requirements for establishing the quality of water which may be supplied from that source have been complied with;

(d)to [F8ensure that records are kept] of the localities within which all the premises [F9receiving relevant supplies] for domestic or food production purposes F10. . . are normally supplied from the same source or combination of sources;

(e)to [F11ensure that prescribed requirements are complied with] with respect to the analysis of water samples or with respect to internal reporting or organisational arrangements.

(3)Without prejudice to subsections (1) and (2) above, the Secretary of State may by regulations make provision [F12imposing obligations on water undertakers or licensed water suppliers with respect to the use for the purposes of or in connection with making relevant supplies]

(a)of such processes and substances; and

(b)of products that contain or are made with such substances or materials,

as he considers might affect the quality of any water.

(4)Without prejudice to the generality of the power conferrred by subsection (3) above, regulations under that subsection may—

(a)[F13require water undertakers or licensed water suppliers to ensure that] processes, substances and products which have not been approved under the regulations or which contravene the regulations [F14are not used for the purposes of or in connection with relevant supplies];

(b)for the purposes of provision made by virtue of paragraph (a) above, require [F15water undertakers and licensed water suppliers to ensure that] processes, substances and products used [F16for the purposes of or in connection with relevant supplies] conform to such standards as may be prescribed by or approved under the regulations;

(c)impose such other requirements as may be prescribed with respect to the use [F17for the purposes of or in connection with relevant supplies] of prescribed processes, substances and products;

(d)provide for the giving, refusal and revocation, by prescribed persons, of approvals required for the purposes of the regulations, for such approvals to be capable of being made subject to such conditions as may be prescribed and for the modification and revocation of any such condition;

(e)impose obligations to furnish prescribed persons with information reasonably required by those persons for the purpose of carrying out functions under the regulations;

(f)provide for a contravention of the regulations to constitute—

(i)a summary offence punishable, on summary conviction, by a fine not exceeding level 5 on the standard scale or such smaller sum as may be prescribed; or

(ii)an offence triable either way and punishable, on summary conviction, by a fine not exceeding the statutory maximum and, on conviction on indictment, by a fine;

and

(g)require prescribed charges to be paid to persons carrying out functions under the regulations.

(5)The Secretary of State may by regulations F18. . . —

(a)[F19require a water undertaker]to publish information about the quality of water supplied for domestic or food production purposes to any premises [F20using that undertaker’s supply system]; F21. . .

[F22(aa)require a licensed water supplier to publish information about the quality of water supplied for domestic or food production purposes to any premises by that supplier]

(b)[F23require any such undertaker or supplier]to provide information to prescribed persons about the quality of water [F24supplied as referred to in paragraph (a) or (aa) above (as the case may be)].

(6)Regulations under subsection (5) above—

(a)shall prescribe both the information which is to be published or provided in pursuance of the regulations and the manner and circumstances in which it is to be published or provided;

(b)may require the provision of information by a water undertaker [F25or licensed water supplier] to any person to be free of charge or may authorise it to be subject to the payment by that person to the undertaker [F26or supplier] of a prescribed charge; and

(c)may impose such other conditions on the provision of information by a water undertaker [F27or licensed water supplier] to any person as may be prescribed.

[F28(7)In this section, “relevant supplies” means—

(a)in the case of an obligation imposed on a water undertaker, supplies of water—

(i)made by the undertaker in carrying out its functions; or

(ii)made by a licensed water supplier using the undertaker’s supply system; and

(b)in the case of an obligation imposed on a licensed water supplier, supplies of water made by that supplier using a water undertaker’s supply system.]

Textual Amendments

F10Words in s. 69(2)(d) omitted (1.4.2004) by virtue of and repealed (prosp.) by Water Act 2003 (c. 37), ss. 101(1)(2), 105(3), Sch. 8 para. 19(3)(e)(iii), Sch. 9 Pt. 3; S.I. 2004/641, art. 3(y), Sch. 2

F18Words in s. 69(5) omitted (1.4.2004) by virtue of and repealed (prosp.) by Water Act 2003 (c. 37), ss. 101(1)(2), 105(3), Sch. 8 para. 19(6)(a), Sch. 9 Pt. 3; S.I. 2004/641, art. 3(y), Sch. 2

F19Words in s. 69(5)(a) inserted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), {Sch. 8 para. 19(6)(b)(i))}; S.I. 2004/641, art. 3(y), Sch. 2

F21Words in s. 69(5)(a) omitted (1.4.2004) by virtue of and repealed (prosp.) by Water Act 2003 (c. 37), ss. 101(1)(2), 105(3), Sch. 8 para. 19(6)(c), Sch. 9 Pt. 3; S.I. 2004/641, art. 3(y), Sch. 2

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