The Private Water Supplies (England) Regulations 2016

PART 4 Action in the event of failure

Provision of information

15.  If a local authority considers that a private water supply in its area is a potential danger to human health, it must promptly take appropriate steps to ensure that people likely to consume water from it—

(a) are informed that the supply constitutes a potential danger to human health,

(b) where possible, are informed of the nature of the potential danger, and

(c) are given advice to allow them to minimise any potential danger.

Investigations

16.—(1) A local authority must carry out an investigation to establish the cause if it suspects that a private water supply is unwholesome or that an indicator parameter does not comply with the concentrations or values prescribed in Part 2 or 3 of Schedule 1.

(2) Once a local authority has carried out an investigation and established the cause of the water being unwholesome, it must act in accordance with paragraphs (3) and (4).

(3) If the cause of the water being unwholesome is due to the distribution system within a domestic premises (whether or not the water is made available to the public in those premises), the local authority must promptly inform the people likely to be affected and offer them advice on measures necessary for the protection of human health.

(4) In addition to the duty in paragraph (3) (where it applies), if the cause of the water being unwholesome is due to the circumstances described in paragraph (5), the local authority must—

(a) if the water is a potential danger to human health and the conditions in regulation 18 are fulfilled, serve a notice under that regulation, or

(b) within 28 days of becoming aware of the failure and if appropriate remedial action has not been taken, serve a notice in accordance with section 80 of the Act (remedial powers of local authorities in relation to private supplies) unless the local authority grants an authorisation in accordance with regulation 17(2).

(5) The circumstances in this paragraph are—

(a) if the cause of the water being unwholesome is due to the distribution system within domestic premises where water is made available to the public;

(b) if the cause of the water being unwholesome is not due the distribution system within domestic premises.

Authorisations of different standards

17.—(1) Any relevant person may apply to the local authority for a grant of an authorisation under this regulation.

(2) The local authority may grant an authorisation of different prescribed concentrations or values under this regulation if—

(a) the only cause of the unwholesome water is that a parameter in Table B in Part 1 of Schedule 1 is not complied with,

(b) the local authority has consulted all water users who will be affected by the authorisation and Public Health England, and has taken their views into account,

(c) granting the authorisation does not cause a potential danger to human health, and

(d) the supply of water cannot be maintained by any other reasonable means.

(3) An authorisation must require the applicant to take action over a period of time to ensure that the relevant parameters are complied with, and must specify—

(a) the person to whom an authorisation is granted,

(b) the supply concerned,

(c) the grounds for granting an authorisation,

(d) the parameters concerned, previous relevant monitoring results, and the maximum permissible values under the authorisation,

(e) the geographical area, the estimated quantity of water supplied each day, the number of persons likely to be affected and whether or not any food production undertaking is affected,

(f) an appropriate monitoring scheme, with an increased monitoring frequency where necessary,

(g) a summary of the steps for the necessary remedial action, including a timetable for the work and an estimate of the cost and provisions for reviewing progress, and

(h) the duration of the authorisation.

(4) If the local authority grants an authorisation, and the person to whom it is granted takes action in accordance with the timetable specified in the authorisation, the local authority may not serve a notice under section 80 of the Act concerning the matters specified in the authorisation without first amending or revoking the authorisation.

(5) The duration of the authorisation must be as short as possible and in any event must not exceed 3 years.

(6) The local authority must ensure that people likely to be affected by the authorisation are promptly informed of the authorisation and its conditions, and, where necessary, ensure that advice is given to particular groups to whom the authorisation could present a special risk.

(7) If the supply exceeds 1,000m³ a day as an average or serves more than 5,000 persons, the local authority must send a copy of the authorisation to the Secretary of State within 1 month.

(8) The local authority must keep the progress of the remedial action under review.

(9) If necessary, the local authority may grant a second authorisation for up to a further 3 years with the prior consent of the Secretary of State.

(10) The local authority may revoke or amend the authorisation at any time and in particular may revoke or amend it if the timetable for remedial action has not been adhered to.