The Private Water Supplies Regulations (Northern Ireland) 2017

Explanatory Note

(This note is not part of the Regulations)

These Regulations implement Council Directive 98/83/EC on the quality of water intended for human consumption (O.J. No. L330, 5.12.1998 p.32) as amended by Commission Directive (EU) 2015/1787 and they also implement Council Directive 2013/51/EURATOM laying down requirements for the protection of the health of the general public with regard to radioactive substances in water intended for human consumption (O.J. No. L296, 7.11.2013 P.12) in relation to private water supplies specified in regulation 3. They revoke and replace the Private Water Supplies Regulations 2009 (S.R. 2009 No.413) (as amended) (the 2009 Regulations).

Part 2 of the Regulations deals with water standards, risk assessments and surveys. Regulation 5 and Schedule 1 define wholesomeness. Regulation 7 places a duty on the Department of Agriculture, Environment and Rural Affairs (“the Department”) to carry out a risk assessment of a private water supply and Regulation 8 requires the Department to carry out Radon Representative Surveys.

Part 3 Schedule 2 and Schedule 3 deal with monitoring of private water supplies. Regulation 9 requires the Department to monitor private water supplies and establish monitoring programmes in accordance with that Part, and regulation 12 and Schedule 4 specify how samples must be taken and analysed. Regulation 13 and Schedule 5 require the Department to keep records. Under regulation 14 the Department must publish information annually.

Part 4 deals with what happens if the water supply is not wholesome or exceeds specified parameters. If the problem cannot be solved informally or through the granting of an authorisation, the Department must serve a notice on potential risk to health. Failure to comply with a notice served under regulation 19 is an offence, punishable on summary conviction to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months, or on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years.

A regulatory impact assessment of the costs and benefits and the effect that this instrument will have on the business and voluntary sector has shown there will be no additional impact to these sectors in comparison to the impact imposed by the 2009 Regulations.