The Private Water Supplies Regulations 1991

PART I GENERAL

Citation and commencement

1.  These Regulations may be cited as the Private Water Supplies Regulations 1991 and shall come into force on 1st January 1992.

Interpretation

2.—(1) In these Regulations–

“category one supply” has the meaning given by regulation 9;

“category two supply” has the meaning given by regulation 10;

“parameter” means a property, element, organism or substance listed in the second column of the Tables in Schedule 2, in column 1 of Schedule 3 or in Part II of Schedule 4;

“pesticides and related products” means any fungicide, herbicide or insecticide and polychlorinated biphenyls and terphenyls;

“prescribed concentration or value”, in relation to any parameter, means the maximum or minimum concentration or value specified in relation to that parameter in the Tables in Schedule 2 as measured by reference to the unit of measurement so specified;

“quarter” means a period of three months beginning on 1st January, 1st April, 1st July or 1st September in any year;

“trihalomethanes” means trichloromethane, dichlorobromomethane, dibromochloromethane and tribromomethane;

“year” means a calendar year.

(2) For the purposes of these Regulations the relevant persons, in relation to a private supply of water to any premises in the area of a local authority are–

(a) the owners and occupiers of those premises; and

(b) whether or not the source of the private supply is in that authority’s area, the owners and occupiers of the premises where that source is situated and any other person who exercises powers of management or control in relation to that source.

(3) Any reference in these Regulations to–

(a) a class followed by–

(i) a letter, is a reference to a class of a category one supply;

(ii) a number, is a reference to a class of a category two supply; and

(b) a Table followed by a letter, is a reference to the Table that bears that letter in Schedule 2.

(4) These Regulations shall not apply to a private supply which is used solely for washing a crop after it has been harvested but which does not affect the fitness for consumption of any food or drink in its finished form.

PART II WHOLESOMENESS

3.—(1) This regulation has effect subject to the provisions of Part III.

(2) Water supplied to any premises from a private supply for such domestic purposes as consist in or include drinking, washing or cooking or for food production purposes shall be regarded as wholesome for the purposes of Chapter III of Part III of the Water Industry Act 1991, as it applies to the supply of water for any of those purposes, if the requirements of paragraph (3) are satisfied; and, where the water has been softened or desalinated and is supplied for drinking or cooking or for food production purposes, the requirements of paragraph (4) are also satisfied.

(3) The requirements of this paragraph are–

(a) that the water does not contain any element, organism or substance (other than a parameter) at a concentration or value which would be detrimental to public health;

(b) that the water does not contain any element, organism or substance (whether or not a parameter) at a concentration or value which in conjunction with any other element, organism or substance it contains (whether or not a parameter) would be detrimental to public health;

(c) that the water does not have a concentration or value of any parameter listed in Tables A to C in excess of the prescribed concentration or value;

(d) in respect of any parameter listed in Table D that–

(i) samples taken over the preceding 12 months in relation to that parameter have established that the average concentration or value did not exceed the prescribed concentration or value;

(ii) where only one sample is taken in that period in relation to that parameter, the concentration or value did not exceed the prescribed concentration or value; or

(iii) where no sample is taken in that period in relation to that parameter, the concentration or value for any sample taken in relation to that parameter in the current year does not exceed the prescribed concentration or value;

(e) in respect of trihalomethanes that–

(i) samples taken over the preceding quarter in relation to trihalomethanes have established that the average concentration did not exceed 100 μg/l;

(ii) where only one sample is taken in that period in relation to that parameter, the concentration did not exceed 100 μg/l; or

(iii) where no sample is taken in that period in relation to that parameter, the concentration for any sample taken in relation to that parameter in the current quarter does not exceed 100 μg/l.

(4) The requirements of this paragraph are that the water’s hardness and its alkalinity are not below the relevant minimum concentrations specified in Table E.

PART III RELAXATION OF REQUIREMENTS OF PART II

Authorisations

4.—(1) Subject to the following provisions of this Part, the Secretary of State or a local authority may, upon the written application of a relevant person, authorise a relaxation of the provisions of Part II as respects a private supply if he or, as the case may be, the authority is satisfied–

(a) that the authorisation is necessary, as an emergency measure, to maintain a supply for human consumption;

(b) that the authorisation is called for by reason of exceptional meteorological conditions;

(c) that the authorisation is called for by reason of the nature and structure of the ground in the area from which the supply emanates; or

(d) that the supply is, or is to be used, solely for food production purposes.

(2) The Secretary of State or a local authority may, in the circumstances mentioned in paragraph (1)(c), authorise a relaxation of the provisions of Part II as respects a private supply notwithstanding that no application for such authorisation has been made.

(3) A relevant person shall, if there are any other relevant persons in relation to the private supply in question, at the same time as he makes an application for an authorisation–

(a) serve a notice of the application on all those persons; or

(b) publish a notice of the application at least once in each of two successive weeks in one or more newspapers circulating in the locality of the supply.

(4) A local authority shall consult the Secretary of State before exercising any power conferred by paragraph (1) or (2) in relation to a class A, B, 1 or 2 supply.

(5) A local authority which is required by paragraph (4) to consult the Secretary of State shall comply with such directions as he may give in relation to the supply in question as to–

(a) the transmission to him for determination of any application made to the authority;

(b) the imposition of conditions on the grant of an authorisation;

(c) the refusal of an application; or

(d) the revocation or modification of an authorisation.

(6) A local authority which grants an authorisation–

(a) under paragraph (1)(a);

(b) under paragraph (1)(b) or (c) in relation to a class A or 1 supply; or

(c) under paragraph (1)(d),

shall forthwith send a copy of that authorisation to the Secretary of State.

(7) A local authority shall exercise the powers conferred by paragraph (1) or (2) only if some or all of the premises served by the private supply are within their area; and, where only some of those premises are within their area, only if the powers are exercised jointly with, or with the consent of, any other local authority in whose area the rest of those premises are situated.

Authorisations-restrictions

5.—(1) An authorisation–

(a) granted under regulation 4(1)(a), shall not so relax the provisions of Part II as to give rise to a risk to public health which the Secretary of State or, as the case may be, the local authority considers unacceptable;

(b) granted under regulation 4(1)(b) or (c), shall not relax the provisions of that Part so far as they relate to parameters mentioned in Table B or C or item 7 of Table D, or so as to give rise to a public health hazard;

(c) granted under regulation 4(1)(d), shall not relax the provisions of that Part so as to affect the fitness for human consumption of food or drink in its finished form.

(2) An authorisation shall specify the extent to which the prescribed concentration or value for any parameter is authorised to be contravened.

(3) An authorisation granted under regulation 4(1)(a) or (b) shall specify the date on which it ceases to have effect and an authorisation granted under regulation 4(1)(c) or (d) may specify such a date.

Authorisations – conditions

6.  An authorisation may include conditions relating to–

(a) the quality of water to which the authorisation applies;

(b) the steps to be taken to improve the quality of the water;

(c) the monitoring of the quality of the water; and

(d) the giving of notice of such matters concerning the water as are mentioned in the authorisation to–

(i) the Secretary of State;

(ii) the local authority; or

(iii) any other person named in the authorisation.

Revocation and modification of authorisations

7.—(1) Subject to paragraphs (2) to (5), the Secretary of State or a local authority may at any time modify or revoke an authorisation (whether or not the authorisation is expressed to be granted for a specified period); and regulations 4 to 6 shall apply with suitable adaptations in relation to the modification of an authorisation.

(2) The Secretary of State or a local authority shall not revoke or modify an authorisation without giving at least six months' notice of his or, as the case may be, of the authority’s intention to do so by–

(a) serving notice of the revocation or modification on any relevant person on whose application the authorisation was granted;

(b) publishing a notice of the revocation or modification in such manner as the Secretary of State or, as the case may be, the authority, considers appropriate for bringing it to the attention of relevant persons; and

(c) in the case of a modification or revocation by the Secretary of State, by serving a copy of the notice on the appropriate local authority,

but the Secretary of State or the local authority may revoke or modify an authorisation without notice if it appears to him or, as the case may be, that authority, that the immediate revocation or modification of the authorisation is required in the interests of public health.

(3) In paragraph (2) “appropriate local authority” means any local authority whose area includes any premises in relation to which the authorisation applies.

(4) A person on whose application an authorisation has been granted shall notify the Secretary of State or, as the case may be, the local authority as soon as he is aware that the circumstances which gave rise to the application for the authorisation cease to exist; and, notwithstanding paragraph (2), the Secretary of State or local authority shall thereupon revoke the authorisation.

(5) Nothing in this regulation shall permit a local authority to modify or revoke an authorisation granted by the Secretary of State.

PART IV MONITORING OF PRIVATE SUPPLIES

Duty to monitor

8.  It shall be the duty of every local authority to take and analyse samples of water from every category one and category two private supply serving premises in their area in accordance with the following provisions of this Part.

Category one supplies

9.—(1) For the purposes of this Part, a private supply is a category one supply if any water from the supply is supplied for domestic purposes and the supply is not a category two supply.

(2) Subject to paragraph (3), category one supplies shall be divided into classes in accordance with the following Table by reference to the number of persons supplied with water for domestic purposes and the relevant average daily volume of water supplied; but, if those factors would result in a supply falling into different classes, it shall be treated as falling into the class which is earlier in the alphabetical sequence.

Table

Class	Number of persons supplied with water for domestic purposes	Relevant average daily volume of water supplied in m3/day
A	>5,000	>1,000
B	501 to 5,000	101 to 1,000
C	101 to 500	21 to 100
D	25 to 100	5 to 20
E	<25	<5

(3) A category one supply which only serves a single dwelling shall be classified as a class F supply.

(4) Subject to regulation 11, references in this regulation–

(a) to the number of persons supplied with water for domestic purposes are references to such number of persons as the local authority shall estimate was the maximum number normally served by the supply for those purposes on any one day during the year prior to the year in which the classification is made; and

(b) to the relevant average daily volume of water supplied are references to such volume (calculated as a daily average) as the local authority shall estimate was distributed, or, if not distributed, was used or consumed, for domestic purposes or the purposes mentioned in regulation 10(2)(a) during the year prior to the year in which the classification is made.

Category two supplies

10.—(1) For the purposes of this Part, subject to paragraph (2), a private supply is a category two supply if any water from the supply is supplied for food production purposes or is supplied for domestic purposes to premises used–

(a) as a staff canteen or for the purposes of a business involving the preparation of food or drink for consumption on the premises;

(b) as a hospital, nursing home, residential home, hostel, boarding school or other similar institution; or

(c) as a camp site or a site for touring caravans or for the purposes of a business involving the provision of holiday or other short term accommodation.

(2) A private supply shall not be a category two supply where–

(a) it is used for cleansing or cooling operations in connection with the processing of milk; and

(b) if it were not for that use, it would be classified as a category one supply,

unless it would fall within class E in which case it shall be classified as a class 5 supply.

(3) Subject to paragraphs (2) and (4), category two supplies shall be divided into classes in accordance with the following Table by reference to the average daily volume of water supplied for domestic or food production purposes.

Table

Class	Average daily volume of water supplied for domestic or food production purposes in m3/day
1	>1,000
2	101 to 1,000
3	21 to 100
4	2 to 20
5	<2

(4) A private supply which is used solely–

(a) for cleansing or cooling operations in connection with the processing of milk shall be classified as a class 5 supply; or

(b) for washing crops and which does affect the fitness for consumption of any food or drink in its finished form shall be classified as a class 4 supply, unless the average daily volume supplied for those purposes is less than 2 m per day, in which case it shall be classified as a class 5 supply.

(5) Subject to regulation 11, references in this regulation to the average daily volume of water supplied for domestic or food production purposes are references to such volume (calculated as a daily average) as the local authority shall estimate was distributed or, if not distributed, was used or consumed, for those purposes from the supply during the year prior to the year in which the classification takes place.

(6) A local authority may for the purposes of this regulation estimate the average daily volume of water supplied for domestic purposes on the assumption that five persons use one cubic metre of water per day.

Classification of new or restored supplies

11.  Where it appears to a local authority that a private supply is to be or is being used for the first time (or for the first time after being out of use for a period of twelve months or more), the authority shall, for the purpose of initially classifying the supply under regulation 9 or 10, estimate the number of persons supplied with water, and the average daily volume of water supplied, in relation to the current year rather than by reference to the year prior to it.

Review of classification of supplies

12.  It shall be the duty of a local authority to review at least once in each year the classification of all the private supplies serving premises in their area.

Monitoring – general provisions

13.—(1) A local authority shall–

(a) determine the times of the year and of the day when samples of water from a private supply are to be taken;

(b) if a private supply serves a number of premises, select at random the premises at which samples are to be taken,

so as to ensure that, so far as is reasonably practicable, analysis of the samples will produce data which is representative of the quality of water from that supply.

(2) Samples are to be taken–

(a) in relation to premises supplied with water for food production purposes, from a point immediately before the point where the supply is so used;

(b) in relation to all other premises, at a tap used for supplying water for drinking or cooking.

(3) Where a local authority is required under the provisions of Schedule 3 or 4 to take more than one sample within a specified period, the samples shall be taken at regular intervals.

(4) A local authority shall, in accordance with paragraph (5), take and analyse a sample of water from any supply to which regulation 11 applies as soon as it becomes aware of its use or proposed use.

(5) The sample of water to be taken by virtue of paragraph (4) shall be in addition to any other sample required by these Regulations and shall be analysed for compliance with the prescribed concentrations or values for–

(a) in the case of a class A, B, 1 or 2 supply, all the parameters listed in column (1) of Schedule 3;

(b) in the case of a class C, D, E, 3, 4 or 5 supply, the parameters listed in column (1) of Part II of Schedule 4.

(6) It shall be the duty of a local authority to take samples of water from private supplies of classes C, D, E, 3, 4 and 5 serving premises in their area from time to time to ascertain and record the extent to which any pesticides and related products are present in those supplies.

(7) A local authority shall, at the request of a person who is a relevant person in relation to a private supply serving premises in its area, take and analyse a sample from the supply for compliance of the parameters specified by that person with the prescribed concentrations or values for those parameters.

Monitoring of class A, B, 1 and 2 supplies – standard sampling frequency

14.  Subject to regulations 15 to 17, a local authority shall, in the case of a class A, B, 1 or 2 supply, take in each year not less than the standard number of samples specified in column (3) or, as the case may be, column (6) of Schedule 3 for each parameter listed in column (1) of that Schedule and shall analyse the samples for compliance with the prescribed concentrations or values for those parameters.

Reduced sampling frequency

15.—(1) Subject to paragraph (4), where–

(a) a local authority sample in accordance with regulation 14 for three successive years and in each of those years the requirement mentioned in paragraph (2) is satisfied in relation to a parameter listed in column (1) of Part I or III of Schedule 3; and

(b) the local authority is of the opinion that the concentration or value in respect of that parameter is unlikely to increase or, in the case of hydrogen ion, decrease to any significant extent in the next following year,

the number of samples to be taken in that year in respect of that parameter may be reduced to the frequency specified in column (2) or, as the case may be, column (5) of that Schedule in relation to that parameter.

(2) The requirement referred to in paragraph (1)(a) is that an analysis of each sample taken in relation to the parameter in question has established–

(a) in the case of hydrogen ion, a pH value that is not less than 6.5 and not more than 8.5;

(b) in any other case, a concentration or value which is less than 50 per cent. of the prescribed concentration or value for that parameter.

(3) Where in accordance with paragraph (1) the number of samples to be taken in any year in respect of the conductivity or hydrogen ion parameter may be reduced to the frequency applicable for that parameter specified in column (2) or, as the case may be, column (5) of Schedule 3, the number of samples to be taken in that year in respect of the qualitative odour and qualitative taste parameters may be reduced to the same frequency.

(4) The preceding provisions of this Regulation shall apply in relation to the period ending on 31st December 1994 so that the reduced frequency of sampling may be adopted in that period in relation to a parameter if–

(a) it would have been permissible if these Regulations had been in force throughout the period of three years mentioned in paragraph (1); or

(b) the local authority did not sample as frequently as required by regulation 14 during the relevant period before these Regulations came into force but they are satisfied on the basis of a scientific assessment of the samples actually taken that the reduction is justified.

Increased sampling frequency

16.—(1) Subject to paragraph (2), where the analysis of any sample taken by a local authority has established in respect of any parameter listed in column 1 of Parts I to IV of Schedule 3 that the prescribed concentration or value for that parameter has been contravened, the sampling frequency for that parameter shall be increased–

(a) for the remainder of that year, to the frequency specified in column (4) or, as the case may be, column (7) of that Schedule multiplied by the number of whole months in that period and divided by 12; and, where the result is not a whole number, rounded up to the nearest whole number;

(b) for subsequent years, to the frequency so specified.

(2) If, for a whole year during the period in which the sampling frequency in respect of a parameter has been increased in accordance with paragraph (1), no sample exceeds the prescribed concentration or value for that parameter, the local authority may revert to sampling in accordance with regulation 14.

Additional provisions for class 2 supplies

17.  A local authority shall in the case of a class 2 supply take a sample twice a month for all parameters listed in column (1) of Part V of Schedule 3 from the commencement of these Regulations until they are satisfied that the supply in question complies with the prescribed concentrations or values for the parameters specified in Table C when the authority may sample in accordance with regulation 14.

Monitoring of class C, D, E, 3, 4 and 5 supplies

18.  A local authority shall, in accordance with Schedule 4, take samples in the case of a class C, D, E, 3, 4 or 5 supply and analyse them for compliance with the prescribed concentrations or values for the parameters specified in that Schedule in relation to that class of supply.

PART V MISCELLANEOUS

Collection and analysis of samples

19.—(1) A local authority shall secure, so far as is reasonably practicable, that in taking, handling, transporting, storing and analysing or causing to be analysed any sample taken for the purposes of these Regulations, the appropriate requirements are satisfied.

(2) In paragraph (1) “the appropriate requirements” means such of the following requirements as are applicable–

(a) that the sample is representative of the quality of the water at the time of sampling;

(b) that the sample is not contaminated when being taken or subsequently;

(c) that the sample is kept at such temperature and in such conditions as will secure that there is no material alteration of the concentration or value for the measurement or observation of which the sample is intended;

(d) that the sample is analysed as soon as may be after the time it has been taken–

(i) by, or under the supervision of, a person who is competent to perform that task;

(ii) with the use of such equipment as is suitable for the purpose;

(iii) by applying such analytical systems and methods as are capable of establishing, within acceptable limits of deviation and detection, whether the sample contains concentrations or values which contravene the prescribed concentrations or values; and

(e) that any laboratory at which samples are analysed has a system of analytical quality control that is subject from time to time to checking by a person who is–

(i) not under the control of either the laboratory or the authority; and

(ii) approved by the Secretary of State for that purpose.

(3) Within 28 days of the results of an analysis of any sample of a private supply taken from any premises being available to the local authority which took the sample, the authority shall notify the owner of those premises of the results of that analysis and any other relevant person who is to be charged for the taking and analysis of the sample from those premises under regulation 20(1).

Charges for sampling and analysis

20.—(1) Subject to the provisions of this regulation, a local authority may in respect of a private supply serving premises in its area charge any relevant person for expenses reasonably incurred by the authority for–

(a) sampling a supply in accordance with these Regulations subject to a maximum charge of £50 per visit to any premises for that purpose; and

(b) the analysis of samples in accordance with these Regulations subject to the maximum charges set out in Schedule 5.

(2) The power to charge mentioned in paragraph (1)–

(a) includes a power to charge (whether or not any notice under section 80 of the Water Industry Act 1991 has been served) for the sampling and analysis of samples following the taking of remedial action in relation to any private supply;

(b) does not include a power to charge–

(i) for the taking and analysis of any sample taken solely in order to confirm or clarify the results of the analysis of a previous sample; and

(ii) in the case of a class C, D, E, 3, 4, or 5 supply, for the taking and analysis of any sample taken pursuant to regulation 13(6).

(3) Where in relation to any private supply there is more than one relevant person, the local authority shall, in determining who is to be charged under paragraph (1) and any apportionment of the charge, have regard to the terms (if any) on which the water is supplied and the purposes for which it is used.

Sampling and analysis by persons other than local authorities

21.—(1) Subject to paragraph (2), a local authority may enter into arrangements with–

(a) a relevant person for the taking and analysis of samples in accordance with these Regulations on behalf of, but at no expense to, the authority; or

(b) any other person for the analysis of samples in accordance with these Regulations on behalf of the authority (whether or not involving the authority in expense).

(2) A local authority shall only enter into arrangements under paragraph (1) if it is satisfied that the tasks will be carried out by, or under the supervision of, a person competent to perform them and otherwise in accordance with these Regulations.

(3) Arrangements under paragraph (1)(a) shall include a requirement for the results of any analysis to be sent to the local authority as soon as they are available.

Revocation of regulations

22.  Regulation 8 of the Water Supply (Water Quality) Regulations 1989(1) , regulation 2(5) of the Water Supply (Water Quality) (Amendment) Regulations 1989(2) and paragraph 7 of the Schedule to the Water Supply (Water Quality) (Amendment) Regulations 1991(3) are revoked.

Michael Heseltine

Secretary of State for the Environment

9th December 1991

David Hunt

Secretary of State for Wales

10th December 1991