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Welsh Statutory Instruments

2001 No. 3911 (W.323)

WATER, ENGLAND AND WALES

The Water Supply (Water Quality) Regulations 2001

Made

7th December 2001

Laid before Parliament

10th December 2001

Coming into force in accordance with regulation 1(2) to (5)

The National Assembly for Wales, in exercise of the powers conferred upon it by sections 67, 69, and 213(2) of the Water Industry Act 1991M1, and, in relation to Wales, section 77(3) and (4) of that ActM2, and in exercise of all other powers enabling it in that behalf, hereby makes the following Regulations:

Marginal Citations

M11991 c.56. Section 213 is amended by the Competition and Service (Utilities) Act 1992 (c.43). Functions under section 67 of the Water Industry Act 1991 for making regulations concerning water supplied by water undertakers, and functions under section 69 of that Act were transferred to the National Assembly for Wales in relation to any water undertaker whose area is wholly or mainly in Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), Schedule 1, as substituted by S.I. 2000/253, Schedule 3. Functions under section 213 of the Water Industry Act 1991 are exercisable by the National Assembly for Wales to the same extent as the powers, duties and other provisions to which that section applies are exercisable by the Assembly; see S.I. 1999/672, Schedule 1, as substituted by S.I. 2000/253, Schedule 3.

M2Functions under section 77(3) and (4) of the Water Industry Act 1991 are transferred to the National Assembly for Wales, so far as exercisable in relation to Wales, by S.I. 1999/672, Schedule 1, as substituted by S.I. 2000/253, Schedule 3.

PART IE+W GENERAL

Citation, commencement and applicationE+W

1.—(1) These Regulations may be cited as the Water Supply (Water Quality) Regulations 2001.

(2) [F1This regulation, regulations 2, 40, 41 and 43(1)] come into force on 1st January 2002.

(3) Regulations 3 and 42 shall come into force on 1st June 2003.

(4) Regulations 4 and 17 to 24, paragraphs (4) and (5) of regulation 30, and paragraph (2) of regulation 43, shall come into force on 25th December 2003.

(5) All other provisions of these Regulations shall come into force on 1st January 2004.

[F2(6) Parts I to VIII, X and XI of these Regulations apply in relation to the supply of water by every—

(a)water undertaker whose area is wholly or mainly in Wales; and

(b)licensed water supplier so far as relating to licensed activities using the supply system of any water undertaker whose area is wholly or mainly in Wales.

(7) Part IX of these Regulations applies to local authorities in Wales, as regards the discharge of functions under that Part, in relation to every—

(a)water undertaker whose area is wholly in Wales;

(b)water undertaker whose area is partly in Wales and partly in England, but only in respect of the part in Wales; and

(c)licensed water supplier so far as relating to licensed activities using the supply system situated in Wales of any water undertaker.]

Textual Amendments

InterpretationE+W

2.—(1) In these Regulations—

  • “the Act” means the Water Industry Act 1991;

  • “the 1989 Regulations” means the Water Supply (Water Quality) Regulations 1989 M3;

  • [F3“access agreement” means an agreement made or determined under section 66D(2) of the Act;]

  • [F4“appropriate local authority”, in relation to—

    (a)

    a departure authorised under regulation 20;

    (b)

    an application for any such authorisation; or

    (c)

    an event specified in regulation 35(6),

    means a local authority whose area contains any part of the water supply zone to which the authorisation relates or, in the case of an application, would relate if a departure were authorised in the terms sought, or whose area is affected or is likely to be affected by the event;]

  • “blending point” means a point at which water originating from two or more sources and treated for the purposes of their supply for regulation 4(1) purposes are combined under conditions that are designed to secure that, after such combination, the requirements of paragraph (2) of regulation 4 are met;

  • “Chapter III” means Chapter III (quality and sufficiency of supplies) of Part III (water supply) of the Act;

  • [F3“combined licensee” means a company which is the holder of a combined licence within the meaning of Chapter 1A of Part 2 of the Act;]

  • “consumer” means a person to whom water is supplied for regulation 4(1) purposes by a [F5relevant supplier] in the discharge of its duties under Chapter III;

  • [F6“disinfection” means a process of water treatment to—

    (a)

    remove; or

    (b)

    render harmless to human health,

    every pathogenic micro-organism and pathogenic parasite that would otherwise be present in the water; and “disinfected” shall be construed accordingly;]

  • “groundwater” means water contained in underground strata; and section 221(3) of the Water Resources Act 1991 M4 shall have effect for the purpose of this definition as it has effect for the purpose of construing references in that Act to water contained in underground strata;

  • “health authority” means an authority established by Order under section 8 (health authorities) of the National Health Service Act 1977 M5 to act for an area in Wales;

  • [F7“Health Protection Agency” means the body established under section 1 of the Health Protection Agency Act 2004;]

  • “indicator parameter” means a parameter listed in Schedule 2;

  • “local authority” means any of the following—

    (a)

    in Wales, the council of a county or county borough, and

    (b)

    in England, a district council or the council of a county in which there are no district councils;

  • [F7“National Public Health Service for Wales” means an NHS trust within the meaning of the National Health Service (Wales) Act 2006 if, and in so far as, it has the function of providing services in relation to public health in Wales;]

  • “parameter” means a property, element, organism or substance listed in the second column of Table A or Table B in Schedule 1 to these Regulations, or in Schedule 2, as read, where appropriate, with the notes to Schedule 2 and those Tables;

  • “pesticides and related products” means—

    (a)

    any organic insecticide;

    (b)

    any organic herbicide;

    (c)

    any organic fungicide;

    (d)

    any organic nematocide;

    (e)

    any organic acaricide;

    (f)

    any organic algicide;

    (g)

    any organic rodenticide;

    (h)

    any organic slimicide, and

    (i)

    any product related to any of (a) to (h) (including any growth regulator),

    and includes their relevant metabolites, degradation and reaction products;

  • “prescribed concentration or value”, in relation to any parameter, means the maximum or minimum concentration or value specified in relation to that parameter in Table A or Table B in Schedule 1 as measured by reference to the unit of measurement so specified, and as read, where appropriate, with the notes to those Tables;

  • “regulation 4(1) purposes”, in relation to the supply of water, means a supply—

    (a)

    for such domestic purposes as consist in or include, cooking, drinking, food preparation or washing; or

    (b)

    for any of those domestic purposes, to premises in which food is produced;

  • [F3“relevant supplier” means a water undertaker or licensed water supplier;]

  • [F3“retail licensee” means a company which is the holder of a retail licence within the meaning of Chapter 1A of Part 2 of the Act;]

  • F8...

  • “sampling point”—

    (a)

    in relation to water supplied from a distribution network, means a point, being a consumer’s tap, that is selected for the purposes of Part IV of these Regulations;

    (b)

    in relation to water supplied from a tanker, means the point at which the water emerges from the tanker;

  • “specification”, in relation to an indicator parameter, means the concentration, value or state, shown as applicable to that parameter in Schedule 2 as measured by reference to the unit of measurement so shown;

  • “state”, in relation to an indicator parameter, means the state specified in relation to that parameter in Schedule 2 as measured by reference to the unit of measurement so specified;

  • “supply point” means a blending point, service reservoir, treatment works or other point, not being a sampling point, which the National Assembly for Wales authorises for the purposes of regulation 6;

  • [F3“supply system” shall be construed in accordance with section 17B(5) of the Act;]

  • “water supply zone”, in relation to a water undertaker and a year, means an area designated for that year by the water undertaker in accordance with regulation 3; and

  • “year” means calendar year.

(2) Other expressions used both in these Regulations and in Council Directive 98/83/EC (on the quality of water intended for human consumption) M6 have the same meaning in these Regulations as they have in that Directive.

(3) Subject to paragraph (4), references in these Regulations to a service reservoir are references to any structure, other than a structure at a treatment works, in which a reserve of water that has been treated with a view to complying with the requirements of regulation 4 is contained and stored for the purpose of meeting a variable demand for the supply of water.

(4) Where references in these Regulations to a service reservoir would, but for this paragraph, include references to a structure comprising more than one compartment—

(a)each compartment which has its own water inlet and water outlet and is not connected hydraulically to any other compartment shall be treated as a single service reservoir;

(b)the compartments that are connected hydraulically shall be treated as a single service reservoir; and

(c)unless all of the compartments are connected hydraulically, the structure as a whole shall not be treated as a service reservoir.

Textual Amendments

Marginal Citations

M3S.I. 1989/1147, amended by S.I. 1989/1384, 1991/1837, and 2790, 1996/3001 and 1999/1524.

M51977 c.49. Section 8 was substituted by the Health Authorities Act 1995 (c.17), section 1.

M6O.J. L330, 5.12.98, p.32.

PART IIE+W WATER SUPPLY ZONES

Water supply zonesE+W

3.—(1) Before the beginning of each year in which it intends to supply water for regulation 4(1) purposes, a water undertaker shall designate the names and areas within its area of supply that are to be its water supply zones for that year.

(2) A water supply zone may not comprise an area whose population immediately before the beginning of the year in question is estimated by the water undertaker to exceed 100,000.

[F9(2A) The water quality within a water supply zone shall be approximately uniform.]

(3) A water undertaker may not vary a designation under paragraph (1) after the beginning of the year in relation to which the designation has effect.

Textual Amendments

PART IIIE+W WHOLESOMENESS

WholesomenessE+W

4.—(1) Water supplied—

(a)for such domestic purposes as consist in or include, cooking, drinking, food preparation or washing; or

(b)to premises in which food is produced,

shall, subject to paragraphs (4) and (5), be regarded as wholesome for the purposes of Chapter III, as it applies to the supply of water for those domestic purposes, if the requirements of paragraph (2) are satisfied.

(2) The requirements of this paragraph are—

(a)that the water does not contain—

(i)any micro-organism (other than a parameter listed in Schedule 1) or parasite; or

(ii)any substance (other than a parameter listed in Schedule 1),

at a concentration or value which would constitute a potential danger to human health;

(b)that the water does not contain any substance (whether or not a parameter) at a concentration or value which, in conjunction with any other substance it contains (whether or not a parameter) would constitute a potential danger to human health;

(c)that the water does not contain concentrations or values of the parameters listed in Tables A and B in Schedule 1 in excess of or, as the case may be, less than, the prescribed concentrations or values;

(d)that the water satisfies the formula [nitrate]/50 + [nitrite]/33 1, where the square brackets signify the concentrations in mg/l for nitrate (NO3) and nitrite (NO2).

(3) The point at which the requirements of paragraph (2), in so far as they relate to the parameters set out in Part I of Table A and in Table B in Schedule 1 are to be complied with is—

(a)in the case of water supplied from a tanker, the point at which the water emerges from the tanker;

[F10(aa)in the case of water supplied in bottles or containers, the point at which the water first emerges from any bottle or container collected from a local distribution point;]

(b)in any other case, the consumer’s tap.

(4) Water supplied for regulation 4(1) purposes shall not be regarded as wholesome for the purposes of Chapter III if, on transfer from a treatment works for supply for those purposes—

(a)it contains a concentration of the coliform bacteria orE. coli parameter (items 1 and 2 in Part II of Table A in Schedule 1) in excess of the prescribed concentrations; or

(b)it contains a concentration of nitrite in excess of 0.1mg NO2/l .

(5) Subject to paragraph (6), water supplied for regulation 4(1) purposes shall not be regarded as wholesome for the purposes of Chapter III if, on transfer from a service reservoir for supply for those purposes, it contains a concentration of the coliform bacteria orE.coli parameter in excess of the prescribed concentrations.

(6) Water transferred from a service reservoir for supply for regulation 4(1) purposes shall not be regarded as unwholesome for the purposes of Chapter III because the maximum concentration for the coliform bacteria parameter is exceeded if, as regards the samples taken in any year in which the reservoir in question is in use, the results of analysis for that parameter establish that in at least 95 per cent of those samples coliforms were absent.

Textual Amendments

PART IVE+W MONITORING OF WATER SUPPLIES

Interpretation and application of Part IVE+W

5.—(1) In this Part “audit monitoring” means monitoring for the purpose of obtaining information from which it may be established—

(a)as regards the parameters listed in Tables A and B in Schedule 1, whether water supplied for regulation 4(1) purposes satisfies the provisions of Part III of these Regulations or, if a departure has been authorised under Part VI in relation to that supply, those provisions as read with the terms of that departure; and

(b)as regards indicator parameters, whether water supplied for regulation 4(1) purposes meets the specifications for those parameters.

(2) In this Part, “check monitoring” means monitoring for the purpose of obtaining information at regular intervals—

(a)as to the organoleptic and microbiological quality of water; and

(b)where relevant, as to the effectiveness of drinking-water treatment (particularly of disinfection),

for the purpose of determining—

(i)as regards the parameters listed in Tables A and B in Schedule 1, whether water supplied for regulation 4(1) purposes satisfies the provisions of Part III of these Regulations or, if a departure has been authorised under Part VI in relation to that supply, those provisions as read with the terms of that departure; and

(ii)as regards indicator parameters, whether water supplied for regulation 4(1) purposes meets the specifications for those parameters.

[F11(3) This Part applies to water supplied for regulation 4(1) purposes by a relevant supplier in the performance of its duties under Chapter III.

(4) Regulations 5 to 9 apply to a combined licensee in relation to samples taken from supply points as they apply to a water undertaker, but only in so far as the combined licensee is introducing water into a water supply zone in which the water undertaker takes samples under this Part (to the extent authorised by or under regulation 8) from supply points.]

Textual Amendments

Monitoring: general provisionsE+W

6.—(1) For the purpose of determining whether water to which this Part applies satisfies the provisions of Part III or, if a departure has been authorised under Part VI in relation to that supply, those provisions as read with the terms of that authorisation, a water undertaker shall take, or cause to be taken, and analyse, or cause to be analysed, not less than the number of samples of the water within each of [F12the water supply zones which it supplies] specified in, or in accordance with provisions of, this Part.

(2) Except in a case to which paragraph (3) applies, the parameters listed in Tables A and B in Schedule 1 and the indicator parameters shall be subject—

(a)as regards a parameter listed in column (2) of Table 1 in Schedule 3, in relation to which there is no entry in column (3) of that Table, to check monitoring;

(b)as regards a parameter so listed in relation to which there is an entry in column (3), check monitoring in the circumstances specified in that column;

(c)in any other case, audit monitoring.

(3) Where—

(a)the distribution of water in any part of a water supply zone is by tanker; and

(b)is or is likely to be an intermittent short-term supply,

samples of water from each tanker from which water is distributed shall be taken 48 hours after the commencement of the distribution from that tanker and every 48 hours thereafter until the distribution is discontinued.

(4) Of the samples taken in accordance with paragraph (3) in relation to each distribution, the first shall be analysed for compliance with the parametersE. coli, hydrogen ion and conductivity (item 2 in Table A in Schedule 1, item 3 in Part II of Table B in that Schedule and item 6 in Schedule 2, respectively), and the second and any subsequent samples shall be analysed for compliance with those and every other parameter.

(5) For the purposes of the application of paragraph (2)(b) to the aluminium,Clostridium perfringens, iron and manganese parameters (items 1, 3, 9 and 10 in Table 1 in Schedule 3), a supply which consists of both ground water and surface water shall be deemed to be a supply which consists only of surface water.

(6) The copper, lead and nickel parameters and, subject to paragraph (7), the parameters relevant to radioactivity (total indicative dose and tritium), shall be monitored in such manner as the National Assembly for Wales shall determine from time to time and shall specify by notice in writing given to each water undertaker.

(7) If, in relation to any water supply zone, the National Assembly for Wales is satisfied that water supplied to that zone for regulation 4(1) purposes—

(a)gives rise to a calculated total indicative dose in respect of radioactivity that is well below the specification; or

(b)contains levels of tritium that are well below the specification,

it shall notify the water undertaker which supplies water to that zone that the total indicative dose parameter (item 8 in Schedule 2) or, as the case may be, the tritium parameter (item 10 in that Schedule) need not be monitored.

(8) The National Assembly for Wales shall, by notice in writing—

(a)withdraw a notice under paragraph (7) given in relation to the total indicative dose parameter if it believes that water supplied to the zone in question for regulation 4(1) purposes gives rise to a calculated total indicative dose in respect of radioactivity that is not well below the specification;

(b)withdraw a notice under paragraph (7) given in relation to the tritium parameter if it believes that water supplied to the zone in question for regulation 4(1) purposes contains levels of tritium that are not well below the specification.

(9) A water undertaker which receives a notice under paragraph (8) shall then monitor [F13or cause to be monitored] the total indicative dose parameter or, as the case may be, the tritium parameter in accordance with the notice having effect for the time being under paragraph (6).

Textual Amendments

Sampling pointsE+W

7.  Except in relation to water supplied from a tanker, sampling points in respect of every parameter, other than a parameter for which samples are taken from a supply point authorised by or under regulation 8, shall be selected at random unless, by notice in writing to a water undertaker (whether or not on the application of the water undertaker), the National Assembly for Wales otherwise determines.

Authorisation of supply pointsE+W

8.—(1) [F14Subject to paragraph (1A), the] National Assembly for Wales, being satisfied that analysis of samples taken from—

(a)any blending point;

(b)the water leaving any service reservoir which receives water from a treatment works before its supply to any consumer; and

(c)the water leaving any treatment works,

will produce data in respect of the parameters specified as [F15items 7, 8, 9 to 15 and 17 to 25] in column (1) of Table 3 in Schedule 3 which are unlikely to differ in any material respect from the data that would be produced in respect of those parameters from analysis of samples obtained from sampling points, hereby authorises the use for the purposes of regulation 6 of samples in relation to those parameters taken for a water supply zone from a blending point, a service reservoir of that description or a treatment works.

[F16(1A) In respect of any water supply zone, the taking of samples from a supply point is not authorised by paragraph (1) where a combined licensee introduces water into the water supply zone unless the water quality within the water supply zone remains approximately uniform.]

(2) Subject to paragraph (3), the National Assembly for Wales may, [F17in relation to any parameter not covered by the authorisation in paragraph (1)], on the written application of a water undertaker [F18or on the joint written application of a water undertaker and combined licensee], authorise the use for the purposes of regulation 6 of samples taken for a water supply zone otherwise than from a sampling point; and any such authorisation may extend to all samples in relation to that parameter or to such number or proportion of those samples as is specified in the authorisation.

(3) The National Assembly for Wales shall not grant an authorisation under paragraph (2) unless it is satisfied that analysis of samples taken from a point other than a sampling point will produce data in respect of the parameter in question which are unlikely to differ in any material respect from the data that would be produced in respect of that parameter from analysis of samples obtained from sampling points.

(4) Subject to paragraph (5), the National Assembly for Wales may at any time modify or revoke an authorisation under paragraph (2).

(5) Unless it appears to the National Assembly for Wales that the immediate modification or revocation of an authorisation under paragraph (2) is required in the interests of public health, it shall not modify or revoke such an authorisation without giving to the water undertaker to which the authorisation relates at least six weeks’ notice of its intention to modify or revoke.

(6) A water undertaker shall notify the National Assembly for Wales as soon as it has reasonable grounds for believing that an analysis of samples taken for a water supply zone from a point other than a sampling point would produce data in respect of the parameter in question which would differ in a material respect from the data produced by an analysis of samples taken from any of the sampling points within that zone; and the National Assembly for Wales shall thereupon, and without the need for prior notice to the water undertaker, revoke the authorisation.

Textual Amendments

Numbers of samplesE+W

9.—(1) Subject to paragraph (2), in each year a water undertaker shall take, or cause to be taken—

(a)from its sampling points; or

(b)to the extent authorised by or under regulation 8, from its supply points, the standard number of samples for analysis as regards residual disinfectant and each parameter listed in column (1) of Table 2 in Schedule 3 or, as the case may be, Table 3 in that Schedule.

(2) Where, in respect of a parameter subject to check monitoring—

(a)a water undertaker is of the opinion that the quality of water supplied F19... to a water supply zone [F20 which it supplies ] is unlikely to deteriorate; and

(b)in each of two successive years the results of samples taken, subject to paragraph (3), in accordance with these Regulations show no significant variation and—

(i)if the parameter is colony counts, have shown no abnormal change;

(ii)if the parameter is hydrogen ion (item 9 in Table 1), have established a pH value that is not less than 6.5 and not more than 10.0;

(iii)in any other case, have established a concentration or value for that parameter that is significantly lower than the prescribed concentration or value, or specification,

the number of samples to be taken in the following year for that parameter may be the reduced number.

F21(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Samples required to be taken by this regulation shall be taken at regular intervals.

(5) In this regulation—

(a)in relation to sampling points, residual disinfectant or a parameter and the supply of water to an estimated population within one of the ranges shown in column (2) of Table 2 in Schedule 3, “the standard number” and “the reduced number” means the number shown in column (4) and column (3), respectively, of that Table as applicable to that substance or parameter by reference to a population within that range;

(b)in relation to supply points, each of the parameters specified as items 7, 8 and 9 to 25 in column (1) of Table 3 in Schedule 3, and the supply of a volume of water within one of the ranges shown in column (3) of that Table, “the standard number” and “the reduced number” means, subject to sub-paragraph (c), the number shown in column (5) and column (4), respectively, of that Table as applicable to that parameter by reference to a volume supplied within that range; and

(c)where a particular supply point is in use for part only of a year, “the standard number” and “the reduced number” means the number that bears to the number shown in column (5) and column (4), respectively, of Table 3, the same proportion as the number of days in that year in which the supply point has been in use bears to 365.

Textual Amendments

Sampling: further provisionsE+W

10.  As soon as a [F22relevant supplier] has reasonable grounds for believing that any element, organism or substance, other than residual disinfectant or a parameter, whether alone or in combination with a parameter or any other element, organism or substance, may cause the supply within any of [F23the water supply zones which it supplies] to be a supply which does not satisfy—

(a)the provisions of Part III of these Regulations or,

(b)if a departure has been authorised under Part VI, those provisions as read with the terms of that authorisation,

it shall take, or cause to be taken, sufficient samples from water within that zone (whether from a service reservoir, a treatment works or otherwise) in respect of that element, organism or substance, in order to establish whether that water is wholesome.

Textual Amendments

PART VE+W MONITORING — ADDITIONAL PROVISIONS

Interpretation of Part VE+W

11.  In this Part, in relation to residual disinfectant or a parameter specified as item 1, 2, 3, 4 or 6 in column (1) of Table 3 in Schedule 3, and the supply of a volume of water within one of the ranges shown in column (3) of that Table, “the standard number” and “the reduced number” means the number shown in column (5) and column (4), respectively, of that Table as applicable to residual disinfectant or the parameter in question by reference to a volume of water within that range.

Sampling for particular substances and parametersE+W

12.—[F24(1)] For the purposes of establishing the quality of water to be supplied to any of its water supply zones, a water undertaker shall take, or cause to be taken, and analyse, or cause to be analysed, not less than the number of samples specified in this Part.

[F25(2) For the purposes of establishing the quality of water to be supplied in any supply system into which a combined licensee introduces water, a combined licensee shall take, or cause to be taken, and analyse, or cause to be analysed, not less than the number of samples specified in this Part.]

Textual Amendments

Sampling at treatment worksE+W

13.—(1) Subject to paragraphs (2), (4) and (6), in each year [F26every water undertaker or combined licensee] shall take, or cause to be taken, from the point at which water leaves each treatment works which [F26it uses to supply water to ] water supply zones, the standard number of samples for analysis—

(a)for determining the concentration of residual disinfectant;

(b)for determining whether, in relation to the colony counts and turbidity parameters, water leaving treatment works meets the specifications for those parameters set out in Schedule 2; and

(c)for testing for compliance with the prescribed concentrations or values in respect of the coliform bacteria,E. coli, and nitrite parameters for water leaving treatment works.

(2) Where in each of two successive years the results of the analysis of samples taken, subject to paragraph (3), in accordance with these Regulations have established—

(a)in respect of the coliform bacteria,E. coli or nitrite parameter, that the maximum concentration has not been exceeded;

(b)in respect of the turbidity parameter, that the specification has been met;

(c)in respect of the colony counts parameter, that there has been no significant increase,

the number of samples to be taken in respect of that parameter in the next following year from the point at which water leaves that treatment works may, subject to paragraph (4), be the reduced number.

F27(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In respect of the coliform bacteria parameter and theE. coli parameter, the reduced number of samples may be taken in accordance with paragraph (2) only if the water undertaker [F28or combined licensee ] is of the opinion—

(a)that there is no foreseeable risk that the supply will exceed the maximum concentration for that parameter; or

(b)that the treatment works is designed to secure that, in the event of a failure of the disinfection process, water that has not been disinfected cannot enter the supply.

(5) Samples required to be taken by this regulation shall be taken at regular intervals.

(6) Where a particular treatment works is in use for part only of a year, the minimum number of samples to be taken from that works in that year shall bear to the standard number or, as the case may be, the reduced number, the same proportion as the number of days in that year in which the treatment works have been in use bears to 365.

Textual Amendments

Sampling at service reservoirsE+W

14.  [F29Every water undertaker or combined licensee] shall take, or cause to be taken, from each of its service reservoirs in each week in which the reservoir is in use, one sample for analysis—

(a)for testing for compliance with the prescribed concentrations or values in respect of the parametersE. coli and coliform bacteria;

(b)for determining the concentration of residual disinfectant; and

(c)for determining whether the specification in relation to the colony counts parameter is met.

Textual Amendments

Sampling: new sourcesE+W

15.—(1) This regulation applies as respects—

(a)any source which has not been used for the supply of water by a water undertaker [F30or combined licensee] at any time since 1st January 2004; and

(b)any source which has been so used but not so used for a period of six months preceding the date on which the water undertaker [F30or combined licensee] proposes to supply water from it.

(2) [F31Every water undertaker or combined licensee] shall—

(a)before it supplies water from a source mentioned in paragraph (1)(a); and

(b)as soon as is reasonably practicable after it has begun to supply water from a source mentioned in paragraph (1)(b),

take, or cause to be taken, in accordance with paragraph (3), such samples of that water as will enable it to establish—

(aa)whether water can be supplied from that source without contravening section 68(1) of the Act; and

(bb)the treatment necessary to ensure that section 68(1) of the Act is complied with in relation to the supply of that water.

(3) Samples shall be taken—

(a)in the case of a source mentioned in paragraph (1)(a), in respect of—

(i)the parameters listed in Schedules 1 and 2; and

(ii)any other element, organism or substance which, in the opinion of the water undertaker [F32or combined licensee proposing to use the source], may cause the supply to contravene section 68(1) of the Act;

(b)in the case of a source mentioned in paragraph (1)(b), in respect of—

(i)the parameters listed in Table A in Schedule 1; and

(ii)the conductivity, hydrogen ion and turbidity parameters; and

(iii)any other parameter as regards which the water undertaker [F33or combined licensee proposing to use the source] is of the opinion that its concentration or value is likely to have altered since the last occasion on which water from that source was analysed.

[F34(4) Unless the conditions in paragraph (5) are satisfied, a water undertaker or combined licensee shall not supply water from a source mentioned in paragraph (1)(a) for regulation 4(1) purposes until three months have passed following the day on which the water undertaker or combined licensee complied with regulation 28(1) with respect to that source.

(5) The conditions are that the water undertaker or combined licensee—

(a)must supply water from the source as a matter of urgency in order to prevent an unexpected interruption in piped supply to consumers; and

(b)before the supply is made, has carried out a risk assessment under regulation 27 specifically with respect to the source.

(6) For the purposes of paragraph (5)(b), regulation 27 shall apply to supplies made as a matter of urgency as if “treatment works” includes a source from which untreated water is supplied.]

Textual Amendments

Collection and analysis of samplesE+W

16.—(1) [F35 Every water undertaker or combined licensee] shall secure, so far as is reasonably practicable, that in taking, handling, transporting, storing and analysing, any sample required to be taken for the purposes of Part IV or this Part of these Regulations, or causing any such sample to be taken, handled, transported, stored and analysed, the appropriate requirements are satisfied.

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

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

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

(c)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)the sample is analysed as soon as may be after it has been taken—

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

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

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

(i)not under the control of [F36the laboratory, the water undertaker or the combined licensee]; and

(ii)approved by the National Assembly for Wales for that purpose.

(3) For the purposes of paragraph (2)(e), “laboratory” means a person who undertakes the analysis of samples for the purposes of this Part, whether at the time and place at which the samples are taken or otherwise.

(4) [F37 Every water undertaker or combined licensee] shall maintain such records as are sufficient to enable it to establish, in relation to each sample taken for the purposes of Part IV or this Part, that such of the appropriate requirements as are applicable to that sample have been satisfied.

(5) Subject to paragraph (7), for the purpose of establishing, within acceptable limits of deviation and detection, whether the sample contains concentrations or values which contravene the prescribed concentrations or values, or exceed the specifications for indicator parameters—

(a)the method of analysis specified in column (2) of Table A1 in Schedule 4 shall be used for the parameter specified in relation to that method in column (1);

(b)the method of analysis used for a parameter specified in column (1) of Table A2 in that Schedule must be capable, at the time of use—

(i)of measuring concentrations and values equal to the parametric value with the trueness and precision specified in relation to that parameter in columns (2) and (3) of that Table; and

(ii)of detecting the parameter at the limit of detection specified in relation to that parameter in column (4) of that Table;

(c)the method of analysis used for determining compliance with the hydrogen ion parameter must be capable, at the time of use, of measuring concentrations equal to the parametric value with a trueness of 0.2 pH unit and a precision of 0.2 pH unit; and

(d)the method of analysis used for the odour and taste parameters must be capable, at the time of use, of measuring values equal to the parametric value with a precision of 1 dilution number at 25°C.

(6) For the purposes of paragraph (5)—

  • “limit of detection” is to be calculated as—

    (a)

    three times the relative within batch standard deviation of a natural sample containing a low concentration of the parameter; or

    (b)

    five times the relative within batch standard deviation of a blank sample;

  • “precision” (the random error) is to be calculated as twice the standard deviation (within a batch and between batches) of the spread of results about the mean; and

  • “trueness” (the systematic error) is to be calculated as the difference between the mean value of the large number of repeated measurements and the true value.

(7) Subject to paragraph (9), the National Assembly for Wales may, on the application of any person, authorise a method of analysis other than that specified in paragraph (5)(a) (“the prescribed method”).

(8) An application for the purposes of paragraph (7) shall be made in writing and shall be accompanied by—

(a)a description of the method of analysis; and

(b)the results of the tests carried out to demonstrate the reliablity of that method and its equivalence to the prescribed method.

(9) The National Assembly for Wales shall not authorise the use of the method proposed in the application unless it is satisfied that the results obtained by the use of that method are at least as reliable as those produced by the use of the prescribed method.

(10) An authorisation under paragraph (7) may be subject to such conditions as the National Assembly for Wales thinks fit.

(11) The National Assembly for Wales may at any time, by notice in writing served on the water undertaker [F38or combined licensee ] to which an authorisation under paragraph (7) has been given, revoke the authorisation, but no such notice shall be served later than three months before the date on which the revocation is stated to take effect.

Textual Amendments

[F39PART VAE+WDRINKING WATER PROTECTED AREAS

Textual Amendments

Drinking water abstraction points: monitoring sitesE+W

16A.—(1) Every water undertaker or combined licensee shall identify every point from which it abstracts water for supply for regulation 4(1) purposes.

(2) At every abstraction point, the relevant water undertaker or combined licensee shall take, or cause to be taken, such samples, and analyse, or cause to be analysed, those samples for such properties, organisms and substances as it considers necessary in order to comply with regulations 26 to 28.

(3) In relation to any abstraction point, the Welsh Ministers may, by notice served on the relevant water undertaker or combined licensee, require the relevant water undertaker or combined licensee—

(a)to take, or cause to be taken, such numbers of samples of water per year as may be specified; and

(b)to analyse, or cause to be analysed, those samples for such concentrations or values of such properties, organisms and substances, and at such frequencies, as may be specified.

(4) The Welsh Ministers may, by notice served on the relevant water undertaker or combined licensee, revoke or amend a notice served under paragraph (3).

(5) Every analysis required under—

(a)paragraph (2), in relation to every body of surface water which provides more than 100 cubic metres of water per day as an average, shall be carried out at no less than the following frequencies—

(i)4 per year, where the population served by the body of surface water is less than 10,000 people,

(ii)8 per year, where the population so served is 10,000 to 30,000 people, and

(iii)12 per year, where the population so served is greater than 30,000 people; and

(b)paragraphs (2) and (3) shall be in accordance with such relevant standards as may be specified by the Welsh Ministers by notice served on the water undertaker or combined licensee.

(6) For the purposes of—

(a)paragraphs (2) and (3)—

(i)“abstraction point” means an abstraction point identified under paragraph (1), and

(ii)“relevant water undertaker or combined licensee” means the water undertaker or combined licensee which identified the abstraction point;

(b)paragraph (3), “specified” means specified in the notice served under that paragraph; and

(c)paragraph (5), “body of surface water” has the meaning given in Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy.]

PART VIE+W INVESTIGATIONS, AUTHORISATION OF DEPARTURES AND REMEDIAL ACTION

Investigations: Schedule 1 parametersE+W

17.—(1) Subject to paragraph (3), where a [F40a water undertaker or combined licensee has reason to believe that water of a relevant description]—

(a)fails, or is likely to fail, to satisfy a requirement of paragraph (2) of regulation 4; or

(b)is to be regarded as unwholesome by virtue of paragraph (4) of that regulation; or

(c)if paragraph (6) of that regulation were ignored, would be regarded as unwholesome by virtue of paragraph (5) of that regulation,

the water undertaker [F41or combined licensee] shall immediately take such steps as are necessary to identify the matters specified in paragraph (2) below.

[F42(1A) In this regulation, “water of a relevant description” means water supplied by a relevant supplier which uses a supply system for the purposes of supplying water to consumers, being a supply system into which the water undertaker or combined licensee introduces water.]

(2) The matters referred to in paragraph (1) are—

(a)the cause and extent of the failure or, as the case may be, the apprehended failure;

(b)the Schedule 1 parameters in respect of which the prescribed concentration or value has not been, or is unlikely to be, achieved; and

(c)in relation to each parameter so identified, whether the failure, or apprehended failure, to achieve the prescribed concentration or value is attributable—

(i)to the domestic distribution system;

(ii)to the maintenance of that system; or

(iii)to neither of those matters.

(3) Where a departure has been authorised under Part VI—

(a)paragraph (1) shall apply only in respect of the Schedule 1 parameters (if any) that are not specified in the authorisation; and

(b)a [F43every water undertaker or combined licensee which has reason to believe that water of a relevant description] fails, or is likely to fail, to satisfy the concentration or value required by the authorisation in relation to any Schedule 1 parameter, shall immediately take such steps as are necessary to identify the matters specified in paragraph (4).

(4) The matters referred to in paragraph (3) are—

(a)the cause and extent of the failure or, as the case may be, the apprehended failure;

(b)the Schedule 1 parameters in respect of which the required concentration or value has not been, or is unlikely to be, achieved; and

(c)in relation to each parameter so identified, whether the failure, or apprehended failure, to achieve that concentration or value is attributable—

(i)to the domestic distribution system;

(ii)to the maintenance of that system; or

(iii)to neither of those matters.

[F44(5) As soon as may be after the matters specified in paragraph (2) or (4), as the case may be, have been identified, the water undertaker or combined licensee shall—

(a)notify the National Assembly for Wales—

(i)of those matters;

(ii)whether it is its opinion that, in relation to each parameter identified in accordance with paragraph (2)(b) or (4)(b), a failure in respect of that parameter is likely to recur; and

(iii)of the action (if any) taken by it in relation to a failure which is attributable to the domestic distribution system or the maintenance of that system; and

(b)send a copy of that notice to any other relevant supplier which uses the supply system for the purposes of supplying water to consumers who are likely to be affected by the failure.]

[F45(6) Where the water undertaker or combined licensee has identified a failure attributable to the domestic distribution system or to the maintenance of such a system, it shall, at the same time as notification is given under paragraph (5)—

(a)by notice in writing—

(i)to those of its consumers who are likely to be affected by the failure, and

(ii)to any other relevant supplier which uses the supply system for the purposes of supplying water to consumers who are likely to be affected by the failure,

inform them of the nature of the failure and provide details of the steps (if any) that, in its opinion, it is necessary or desirable for those consumers to take in the interests of their health; and

(b)send a copy of that notice to the National Assembly for Wales and to each appropriate local authority.

(6A) A relevant supplier which receives a notice under paragraph (6)(a)(ii) shall immediately send or cause to be sent a copy of that notice to those of its consumers who are likely to be affected by the failure.]

(7) A water undertaker [F46or combined licensee] which has complied with the requirements of paragraphs (5) and (6) need not, in respect of the same failure or apprehended failure, comply with the requirements of [F47regulation 35(6)(a)(iv)].

(8) Where such a failure as is mentioned in paragraph (6) affects the supply of water to the public in premises in which water is so supplied, the water undertaker [F46or combined licensee] shall, as soon as may be, notify such persons as the National Assembly for Wales may from time to time determine for the purposes of this paragraph of the matters of which notice is given to consumers in accordance with paragraph (6)(a).

(9) Where such a failure as is mentioned in paragraph (1) relates to the copper or lead parameter, the [F48relevant supplier] shall, as soon as reasonably practicable after the occurrence, modify or replace such of its pipes and their associated fittings as it knows or has reason to believe have the potential for contributing to copper or lead in the water supplied to the premises, so as to eliminate that potential (whether or not the presence of copper or lead in those pipes contributed to the failure).

Textual Amendments

Investigations: indicator parametersE+W

18.—(1) Where a [F49water undertaker or combined licensee has reason to believe that water of a relevant description] does not meet the specifications for indicator parameters set out in Schedule 2, it shall take such steps as are necessary to identify—

(a)the reason why the specifications are not met;

(b)the indicator parameters in respect of which the specifications are not met; and

(c)if the specification for the coliform bacteria or colony counts parameter (items 4 and 5 in Schedule 2) is not met, whether the inability to meet that specification is attributable—

(i)to the domestic distribution system;

(ii)to the maintenance of that system; or

(iii)to neither of those matters.

[F50(1A) In this regulation, “water of a relevant description” means water supplied by a relevant supplier which uses a supply system for the purposes of supplying water to consumers, being a supply system into which the water undertaker or combined licensee introduces water.]

[F51(2) As soon as may be after the matters specified in paragraph (1) have been identified, the water undertaker or combined licensee shall—

(a)notify the National Assembly for Wales—

(i)of those matters;

(ii)whether it is its opinion that, in relation to each parameter identified in accordance with paragraph (1)(b), a recurrence of the inability to meet the specification in respect of that parameter is likely; and

(b)send a copy of that notice to any other relevant supplier which uses the supply system for the purposes of supplying water to consumers who are likely to be affected by the failure.]

[F52(3) Where, in a case to which paragraph (1)(c) applies, the inability to meet the specification has been identified as attributable to the domestic distribution system or to the maintenance of that system, the water undertaker or combined licensee shall, at the same time as notification is given under paragraph (2)—

(a)by notice in writing—

(i)to those of its consumers who are likely to be affected by the failure, and

(ii)to any other relevant supplier which uses the supply system for the purposes of supplying water to consumers who are likely to be affected by the failure,

inform them of the nature of the failure and provide details of the steps (if any) that, in its opinion, it is necessary or desirable for those consumers to take in the interests of their health; and

(b)send a copy of that notice to the National Assembly for Wales and to each appropriate local authority.

(3A) A relevant supplier which receives a notice under paragraph (3)(a)(ii) shall immediately send or cause to be sent a copy of that notice to those of its consumers who are likely to be affected by the failure.]

(4) Where such an inability as is mentioned in paragraph (3) is, in the opinion of the water undertaker [F53or combined licensee], likely to affect the supply of water to the public in premises in which water is so supplied, it shall, at the same time as notice is given under paragraph (2), notify such persons as the National Assembly for Wales may from time to time determine for the purposes of this paragraph of the matters of which notice is given to consumers in accordance with paragraph (3)(a).

Textual Amendments

Action by National Assembly for WalesE+W

19.—(1) Where—

(a)a notification given in accordance with paragraph (5) of regulation 17 in the circumstances mentioned in paragraph (1) of that regulation (including that paragraph as read with paragraph (3)(a) of that regulation) discloses—

(i)a failure in respect of a parameter specified in Part II of Table A or in Table B in Schedule 1; and

(ii)that the failure is not attributable to the domestic distribution system or the maintenance of that system; and

(b)it appears to the National Assembly for Wales that the failure is not trivial and is likely to recur,

the National Assembly for Wales may, by notice in writing to [F54 any relevant supplier which uses the supply system for the purposes of supplying water to consumers in respect of which the notification was given, require that relevant supplier] to seek a departure in accordance with regulation 20.

(2) The exercise by the National Assembly for Wales of the power conferred by paragraph (1) shall not preclude the exercise by it, in relation to the same circumstances, of the power conferred by section 18 of the Act.

(3) Where—

(a)a notification given in accordance with paragraph (5) of regulation 17 in the circumstances mentioned in paragraph (3)(b) of that regulation discloses—

(i)a failure in relation to any parameter specified in Part II of Table A or in Table B in Schedule 1; and

(ii)that the failure is not attributable to the domestic distribution system or the maintenance of that system; and

(b)it appears to the National Assembly for Wales that the failure in respect of that parameter is not trivial and is likely to recur,

the National Assembly for Wales shall consider whether the terms of the authorisation under regulation 20 should be modified.

(4) Where—

(a)a notification given in accordance with regulation 18(2) discloses an inability to meet the specification applicable to an indicator parameter; and

(b)the National Assembly for Wales considers that the inability poses a risk to human health;

the National Assembly for Wales may, by notice in writing to [F54 any relevant supplier which uses the supply system for the purposes of supplying water to consumers in respect of which the notification was given, require that relevant supplier] to take such steps as may be determined by the National Assembly for Wales and specified in the notice.

(5) It shall be the duty of a [F55 relevant supplier] to which a notice under paragraph (4) has been given to take the steps specified in the notice.

Textual Amendments

Authorisation of temporary supply of water that is not wholesomeE+W

20.—(1) Subject to paragraph (2), the National Assembly for Wales may, upon the written application of a [F56relevant supplier], authorise in accordance with regulation 21 a departure from the provisions of Part III of these Regulations in so far as they relate to—

(a)a parameter specified in Part II of Table A or in Table B in Schedule 1; and

[F57(b)the supply of water by a relevant supplier in any of the water supply zones which it uses for the purposes of supplying water to consumers.]

(2) The National Assembly for Wales shall not authorise a departure under paragraph (1) unless it is satisfied—

(a)that the authorisation is necessary to maintain in that zone a supply of water for regulation 4(1) purposes;

(b)that a supply of water for those purposes cannot be maintained in that zone by any other reasonable means; and

(c)that the supply of water in accordance with the authorisation does not constitute a potential danger to human health.

(3) [F58Every water undertaker or combined licensee] shall provide with its application—

(a)a statement—

(i)of the grounds on which the authorisation is sought;

(ii)of the water supply zone in respect of which the authorisation is sought;

(iii)of the parameters in respect of which the prescribed concentration or value cannot be met;

(iv)in respect of each parameter to which paragraph (iii) applies, of the results of the analysis of the samples taken in the water supply zone in question during the 12 months immediately preceding the first day on which the prescribed concentration or value could not be met;

(v)in respect of each parameter to which paragraph (iii) applies, of the results of the analysis of the samples (if any) taken in the water supply zone in question between the first day on which the prescribed concentration or value could not be met and the date of the application;

(vi)of the average daily quantity of water supplied to that zone or, if that quantity cannot readily be ascertained, of the average daily quantity of water supplied from the treatment works that supplies water to that zone;

(vii)of the estimated population of that zone;

(viii)as to whether, if a departure were authorised in the terms sought, any relevant food-production undertaking would be affected;

(ix)of the period for which the authorisation is sought; and

(x)of the reasons why the supply cannot be maintained by other reasonable means;

(b)a scheme for monitoring the quality of water supplied in the zone during the period for which the authorisation is sought; and

(c)a summary of the steps that it proposes to take[F59, either alone or together with other relevant suppliers,] in order to secure that the supply fully satisfies the requirements of Part III, including—

(i)a timetable for the work;

(ii)an estimate of the cost of the work; and

(iii)provisions for reviewing the progress of the work and for reporting the result of the review to the National Assembly for Wales.

(4) At the same time as it makes an application for an authorisation under paragraph (1), the water undertaker [F60or combined licensee] shall serve on—

(a)every appropriate local authority;

[F61(b)the National Public Health Service for Wales;]

[F62(ba)where the water supply zone is wholly or partly in England, the Health Protection Agency; and]

(c)the [F63Council],

a copy of the application and of the statement, scheme and summary referred to in paragraph (3).

(5) A body on whom documents have been served in accordance with paragraph (4) may make representations to the National Assembly for Wales in connection with the application; and any such representations shall be made not later than the end of the period of 30 days beginning with the date on which the application for the authorisation is made.

Textual Amendments

Authorisations: terms and conditionsE+W

21.—(1) Subject to paragraph (2), a departure may be authorised under regulation 20 for such period as is in the National Assembly for Wales’s opinion reasonably required for securing a supply of water for regulation 4(1) purposes that fully satisfies the requirements of Part III (“the departure period”).

(2) No departure period may exceed three years.

(3) Subject to paragraph (4), an authorisation under regulation 20—

(a)shall specify—

(i)the grounds on which it is granted;

(ii)every water supply zone in respect of which it is granted;

(iii)the extent to which a departure from the prescribed concentration or value of any parameter is authorised;

(iv)in respect of each parameter to which paragraph (iii) applies, the results of the analysis of the samples taken in each water supply zone in question during the 12 months immediately preceding the first day on which the prescribed concentration or value could not be met;

(v)in respect of each parameter to which paragraph (iii) applies, the results of the analysis of the samples (if any) taken in each water supply zone in question between the first day on which the prescribed concentration or value could not be met and the date of the application;

(vi)the average daily quantity of water supplied from each of those zones or, if that quantity cannot readily be ascertained, the average daily quantity of water supplied from the treatment works that supplies water to that zone;

(vii)the estimated population of each of those zones;

(viii)whether or not any relevant food-production undertaking would be affected; and

(ix)the departure period; and

(b)shall require the implementation of a scheme for monitoring the quality of water supplied in each of those zones during the departure period (which may be, but need not be, the scheme submitted in accordance with regulation 20(3)(b)); and

(c)shall require the carrying out of the steps which, in its opinion, are reasonably required in order to secure that the supply fully satisfies the requirements of Part III (whether or not the steps are those proposed in the summary submitted in accordance with regulation 20(3)(c)); and

(d)shall specify, in relation to those steps—

(i)the timetable for the work;

(ii)an estimate of the cost of the work; and

(iii)provisions for reviewing the progress of the work and for reporting to it the result of the review; and

(e)shall require the taking of such steps as may be specified to give to the population within the water supply zones to which the authorisation applies and, in particular, to those groups of that population for which the supply of water in accordance with the authorisation could present a special risk, advice as to the measures (if any) that it would be advisable in the interests of their health for persons within that population or those groups to take for the whole or any part of the departure period.

(4) Where the National Assembly for Wales is of the opinion—

(a)that the extent of the contravention of the requirements of Part III as respects any parameter is trivial; and

(b)that the prescribed concentration or value as respects that parameter is likely to be achieved within the period of 30 days beginning with the day on which the prescribed concentration or value in respect of that parameter was contravened,

the particulars to be specified in the authorisation shall be those required by paragraph (3)(a)(iii) and (ix), and sub-paragraphs (b) to (e) of that paragraph shall not apply.

(5) Where it appears to the National Assembly for Wales that a supply of water that fully satisfies the requirements of Part III cannot be restored by the end of the departure period, it may authorise a further departure.

(6) Paragraphs (1) to (4) shall apply to a further departure as they apply to a departure authorised under regulation 20.

(7) Where it appears to the National Assembly for Wales that a supply of water that fully satisfies the requirements of Part III cannot be restored by the end of the departure period relevant to an authorisation under paragraph (5), it may, in accordance with Article 9(2) of Council Directive 98/83/EEC, authorise a third departure.

(8) Paragraph (3) shall apply to a departure authorised under paragraph (7) as it applies to a departure authorised under regulation 20, but with the substitution for the words “Subject to paragraph (4)” of the words “ Subject to any direction of the Commission ”.

Authorisations: other limitationsE+W

22.  An authorisation under regulation 20 or regulation 21 may be limited to water supplied—

(a)from particular sources or classes of source;

(b)to particular water supply zones or to zones of particular descriptions.

Publicity for authorisationsE+W

23.—[F64(1) As soon as reasonably practicable after a departure has been authorised, the specified relevant suppliers shall—

(a)separately publish, by making accessible, free of charge, on their websites via a hyperlink maintained on their respective homepages for at least 14 days—

(i)except in a case to which paragraph (4) of regulation 21 applies, a notice containing a statement of the matters specified in paragraph (3)(a)(ii), (iii), (viii) and (ix) of that regulation, and

(ii)in a case to which paragraph (4) of regulation 21 applies, a notice containing a statement of the matters specified in paragraph (3)(a)(ii), (iii) and (ix) of that regulation; and

(b)jointly give such other public notice of the authorisation and of its terms and conditions as the Welsh Ministers may, by notice served on the specified relevant suppliers, reasonably require.]

[F65(2) In this regulation “specified relevant suppliers” means relevant suppliers—

(a)who use the same water supply zone for the purposes of supplying water to consumers; and

(b)for the purposes of that supply, rely on an authorised departure relating to the same facts.]

Textual Amendments

Revocation and modification of authorisationsE+W

24.—(1) Subject to paragraphs (2) and (3), the National Assembly for Wales may at any time modify or revoke an authorisation under regulation 20.

(2) The National Assembly for Wales shall not revoke or modify an authorisation under regulation 20 without giving at least six months’ notice in writing of its intention to do so to—

(a)the [F66relevant supplier] to which the authorisation relates;

[F67(aa)any other relevant supplier which, for the purposes of supplying water to consumers, uses the water supply zone in respect of which the authorised departure has been given;]

[F68(b) every appropriate local authority;]

[F69(c) the National Public Health Service for Wales;]

[F70(ca)where the authorisation relates to a water supply zone which is wholly or partly in England, the Health Protection Agency; and]

(d)the [F71Council],

but it may revoke or modify an authorisation without notice if it appears to it that immediate revocation or modification is required in the interests of public health.

(3) A [F72relevant supplier] on whose application a departure has been authorised under this Part shall notify the National Assembly for Wales as soon as the circumstances which gave rise to the application cease to exist; and the National Assembly for Wales shall thereupon revoke the authorisation without the need for prior notice.

Textual Amendments

PART VIIE+W WATER TREATMENT

InterpretationE+W

F7325.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F74Disinfection and other treatment arrangementsE+W

26.—(1) Unless the conditions in paragraph (4) are satisfied, before supplying water for regulation 4(1) purposes, a water undertaker or combined licensee shall—

(a)disinfect the water; and

(b)where necessary, subject the water to sufficient preliminary treatment to prepare it for disinfection.

(2) Paragraph (3) applies when any property, organism or substance is present in a water source at a level that may constitute a potential danger to human health.

(3) Unless the conditions in paragraph (4) are satisfied, before supplying water for regulation 4(1) purposes using water from any source, a water undertaker or combined licensee shall design and continuously operate an adequate treatment process for water from the source.

(4) The conditions are that the water undertaker or combined licensee—

(a)must supply water from the treatment works as a matter of urgency in order to prevent an unexpected interruption in piped supply to consumers; and

(b)before the supply is made, has taken all necessary steps to inform consumers that the water is not disinfected or adequately treated.

(5) For the purposes of this regulation—

(a)“adequate treatment process” means a process of blending or purification treatment which—

(i)removes, or

(ii)renders harmless the value or concentration of,

any property of, organism or substance in, water, so that supplies do not constitute a potential danger to human health;

(b)“sufficient preliminary treatment” means the treatment necessary—

(i)to remove, or to reduce the value or concentration of, any property or substance which would interfere with disinfection, and

(ii)to reduce turbidity to less than one Nephelometric Turbidity Unit, and

(iii)water is supplied for regulation 4(1) purposes when it leaves a treatment works.]

Textual Amendments

[F75Risk assessmentE+W

27.—(1) This regulation applies to every treatment works and supply system from which water is supplied for regulation 4(1) purposes.

(2) Every water undertaker or combined licensee shall carry out a risk assessment of each of its treatment works and connected supply system in order to establish whether there is a significant risk of supplying water from those works or supply system that would constitute a potential danger to human health.

(3) Pursuant to paragraph (2), every water undertaker or combined licensee shall carry out a risk assessment in respect of—

(a)each of its treatment works and connected supply systems which—

(i)is in use on 22 December 2007, and

(ii)it expects to use after 1 October 2008,

before 1 October 2008; and

(b)any other treatment works and connected supply system, before supplying water from them.

(4) Every water undertaker or combined licensee shall keep its risk assessments under review.

(5) The Welsh Ministers may by notice served on a water undertaker or combined licensee require a risk assessment or review to be carried out by a date specified in the notice.

(6) Where a water undertaker or combined licensee becomes aware of any factors which make it likely that a risk assessment under this regulation would establish that there is a significant risk of supplying water that would constitute a potential danger to human health, it shall serve a notice on the Welsh Ministers specifying the relevant factors.]

Textual Amendments

[F76Procedure following risk assessment and prohibition of supplyE+W

28.—(1) As soon as reasonably practicable after a water undertaker or combined licensee has carried out a risk assessment or review of such assessment under regulation 27, it shall submit to the Welsh Ministers a report of the assessment or review.

(2) The report shall contain—

(a)a description of the methods used to carry out the assessment or review;

(b)where the assessment or review establishes that there is no significant risk of supplying water that would constitute a potential danger to human health, a statement confirming this; and

(c)where the assessment or review establishes that measures have been taken to remove a significant risk of supplying water that would constitute a potential danger to human health—

(i)monitoring data which verifies this, and

(ii)details of those measures.

(3) Where the assessment or review establishes that there is a significant risk of supplying water that would constitute a potential danger to human health, the report shall—

(a)contain a full explanation including details of every property, organism or substance that has been identified as contributing to the risk; and

(b)specify the measures that the water undertaker or combined licensee—

(i)has made operational as at the date of the report, and

(ii)intends to make operational,

to mitigate the risk.

(4) Where the Welsh Ministers have received a report which states that there is or has been a significant risk of supplying water that would constitute a potential danger to human health, they may, by notice served on the water undertaker or combined licensee, require the water undertaker or combined licensee—

(a)to maintain such specified measures for such period of time as the Welsh Ministers consider appropriate to mitigate the risk;

(b)to review, revise or make operational such specified measures by such date as the Welsh Ministers consider appropriate to mitigate the risk;

(c)to audit whether the measures have been effective by such means as may be specified;

(d)not to supply water for regulation 4(1) purposes from specified treatment works or supply systems, or not to so supply unless specified conditions are satisfied; and

(e)to give the Welsh Ministers such information as they may require to monitor progress towards mitigation of that risk.

(5) In paragraph (4), “specified” means specified in the notice served under that paragraph.

(6) The Welsh Ministers may, by notice served on the relevant water undertaker or combined licensee, revoke or amend a notice served under paragraph (4).]

Textual Amendments

Treatment for cryptosporidiumE+W

F7729.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Contamination from pipesE+W

30.—(1) Where there is a risk (“the prescribed risk”) that water supplied by a [F78relevant supplier] would, for the reason mentioned in paragraph (2), after leaving the [F78relevant supplier's pipes]—

(a)contain a concentration of copper in excess of 2mg/litre; or

(b)contain a concentration of lead in excess of 10℞g/litre,

[F79every water undertaker or combined licensee which introduces water into the supply system used by the relevant supplier ] shall, subject to paragraph (3), treat the water in such a way as will, in its opinion, eliminate the prescribed risk or reduce it to a minimum.

(2) The reason referred to in paragraph (1) is the presence in the water of a concentration of copper or lead which is attributable to the fact that copper or lead is the major component of such a pipe as is mentioned in section 68(3)(a) of the Act, or its associated fittings.

(3) Paragraph (1) shall not require a water undertaker [F80or combined licensee] to treat water—

(a)if the treatment is unlikely to achieve a significant reduction in the concentration of copper or lead; or

(b)if treatment is not reasonably practicable.

(4) Where at any time in the period beginning with 25th December 2003 and ending immediately before 25th December 2013, a [F81relevant supplier]—

(a)has reason to believe that water supplied by it for regulation 4(1) purposes from a pipe to which paragraph (5) applies contains, at the consumer’s tap, a concentration of lead which exceeds 10℞g/1 but does not exceed 25℞g/1; and

(b)has received from the owner of premises to which water is so supplied notice in writing—

(i)of the owner’s intention to replace so much of the pipe as belongs to him; and

(ii)of his desire that the [F81relevant supplier] replaces the remainder of the pipe,

the [F81relevant supplier] shall modify or replace its part of the pipe.

(5) This paragraph applies to a pipe—

(a)of which the major component is lead;

(b)which is subject to water pressure from a water main or would be so subject but for the closing of some valve; and

(c)which belongs, as to part, to a [F81relevant supplier] and, as to the remainder, to the owner of any premises to which the [F81relevant supplier] supplies water for regulation 4(1) purposes.

Textual Amendments

Application and introduction of substances and productsE+W

31.—(1) In this regulation—

  • [F82“the Directive” means Council Directive 89/106/EEC on the approximation of laws, regulations and administrative provisions of the Member States relating to construction products, as amended from time to time;]

  • “EEA State” means a State which is a contracting party to the agreement on the European Economic Area signed at Oporto on 2nd May 1992 M7 as adjusted by the Protocol signed at Brussels on 17th March 1993 M8;

  • “European technical approval” means a favourable technical assessment of the fitness for use of a construction product for an intended use, issued for the purposes of the Directive by a body authorised by an [F83relevant State] to issue European technical approvals for those purposes and notified by that body to the European Commission; F84...

  • “harmonized standard” means a standard established as mentioned in the Directive by the European standards organisation on the basis of a mandate given by the European Commission and published by the Commission in the Official Journal of the European Communities; [F85and

  • “relevant State” means a state which is a Member State or any other state which is an EEA State.]

(2) Subject to paragraph (3), a water undertaker [F86or combined licensee] shall not apply any substance or product to, or introduce any substance or product into, water which is to be supplied for regulation 4(1) purposes unless one of the requirements of paragraph (4) is satisfied.

(3) A substance or product which, at the time of its application or introduction, bears an appropriate CE marking in accordance with the Directive, or conforms to—

(a)an appropriate harmonised standard or European technical approval; or

(b)an appropriate British Standard or some other national standard of an [F87relevant State] which provides an equivalent level of protection and performance,

may be applied or introduced, notwithstanding that none of the requirements of paragraph (4) is satisfied; but any such application or introduction shall be subject to—

(i)such national conditions of use restricting the dosing concentration as are for the time being in force in relation to such substances and products pursuant to a determination of the National Assembly for Wales by an instrument in writing; and

(ii)such other requirements, within the meaning of [F88Directive 98/34/EC of the European Parliament and of the Council laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society Services, as amended from time to time], in relation to such substances and products, as have been communicated to the Commission in the form of a draft technical regulation in accordance with Article 8 of that Directive, and whose adoption by a Member State has also been communciated to the Commission.

(4) The requirements of this paragraph are—

(a)that the National Assembly for Wales has for the time being approved the application or introduction of that substance or product and it is applied or introduced in accordance with any conditions attaching to that approval;

(b)that the National Assembly for Wales is satisfied that the substance or product either alone or in combination with any other substance or product in the water is unlikely to affect adversely the quality of the water supplied;

(c)that the substance or product is to be applied or introduced solely for the purposes of testing or research, and the water undertaker [F89or combined licensee] has given to the National Assembly for Wales not less than 3 months’ notice in writing of its intention so to apply or introduce the substance or product.

(5) An application for such an approval as is mentioned in paragraph (4)(a) may be made by any person.

(6) If the National Assembly for Wales decides to issue an approval under paragraph (4)(a), it may include in the approval such conditions as it considers appropriate and, subject to paragraph (10), may at any time revoke or vary any approval it has previously given.

(7) Where substances or products are applied or introduced in any case in which the requirement mentioned in paragraph (4)(c) is satisfied, their application or introduction shall be discontinued within 12 months of the date on which they were first applied or introduced or, if the National Assembly for Wales by notice given in writing to the water undertaker [F90or combined licensee] so directs, within such other period (whether longer or shorter) as may be specified in the notice.

(8) The National Assembly for Wales may, by notice given in writing to any water undertaker [F91or combined licensee], prohibit the water undertaker [F91or combined licensee] from applying to, or introducing into, water intended to be supplied for regulation 4(1) purposes any substance or product which the water undertaker [F91or combined licensee] would otherwise be authorised to apply or introduce by virtue of—

(a)paragraph (2) and sub-paragraph (b) or (c) of paragraph (4); or

(b)paragraph (3).

(9) A prohibition under paragraph (8) may be without limitation as to time or for such period as is specified in the notice.

(10) The National Assembly for Wales may—

(a)revoke by an instrument in writing any approval given by it under paragraph (4)(a);

(b)modify any such approval by an instrument in writing by including conditions or varying existing conditions;

(c)give any such notice as is mentioned in paragraph (8);

but, unless the National Assembly for Wales is satisfied that it is necessary to do so in the interests of public health without notice, shall not do any of those things without giving all such persons as are, in the opinion of the National Assembly for Wales, likely to be affected by the revocation or modification of the approval or by the giving of the notice at least 6 months’ notice in writing of its intention.

(11) Notice shall be given forthwith by the National Assembly for Wales to all persons likely to be affected by the making of such an instrument as is mentioned in paragraph (10)(a) or (b).

(12) At least once in each year beginning with the year 2004, the National Assembly for Wales shall issue a list of all the substances and products in relation to which—

(a)an approval under paragraph (4)(a) has been granted or refused;

(b)such an approval has been revoked or modified;

(c)a notice has been given under paragraph (8),

with particulars of the action taken.

[F92(13) The Welsh Ministers may—

(a)by notice served on the person who makes an application for approval under paragraph (4)(a), require the person to pay the Welsh Ministers a charge which reflects the administrative expenses incurred or likely to be incurred by the Welsh Ministers in connection with the application; and

(b)in determining the amount of any such charge, adopt such methods and principles for its calculation as appear to the Welsh Ministers to be appropriate.]

Textual Amendments

Marginal Citations

M7Cmnd 2073.

M8Cmnd 2183.

Use of processesE+W

32.—(1) The National Assembly for Wales may at any time by notice in writing given to a water undertaker [F93or combined licensee] require the water undertaker [F93or combined licensee] to make an application to it for approval of the use of any process; and may prohibit the water undertaker [F93or combined licensee] for such period as may be specified in the notice from using any such process in connection with the supply by the water undertaker [F93or combined licensee] of water for regulation 4(1) purposes.

(2) The National Assembly for Wales may refuse the application or impose on any approval given for the purposes of this regulation such conditions as it thinks fit and, subject to paragraph (3), may at any time by notice in writing to the water undertaker [F93or combined licensee] revoke an approval so given or modify or revoke any condition imposed by virtue of this paragraph.

(3) Subject to paragraph (4), the National Assembly for Wales shall not—

(a)revoke any approval given for the purposes of this regulation;

(b)modify any condition imposed by virtue of paragraph (2); or

(c)prohibit a water undertaker [F93or combined licensee] from using any process,

unless the National Assembly for Wales has given to the water undertaker [F93or combined licensee] at least 6 months’ notice in writing of the National Assembly for Wales’ intention to revoke, modify or prohibit, as the case may be.

(4) Paragraph (3) shall not apply in any case in which the National Assembly for Wales is of the opinion that the immediate revocation, modification or prohibition is necessary in the interests of public health.

(5) Paragraph (12) of regulation 31 shall apply for the purposes of this regulation as if—

(a)for the reference to a substance or product there were substituted a reference to a process; and

(b)for the reference to paragraph (4)(a) and paragraph (8) there were substituted a reference to this regulation and paragraph (1) of this regulation respectively.

Textual Amendments

OffencesE+W

33.—[F94(1) A water undertaker or combined licensee which contravenes regulation 26(1) or (3) or the terms of a notice served under regulation 28(4)(d) shall be guilty of an offence and liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum;

(b)on conviction on indictment, to a fine.

(2) In any proceedings against a water undertaker or combined licensee for an offence under paragraph (1), it shall be a defence for that water undertaker or combined licensee to show that it took all reasonable steps and exercised all due diligence to avoid the commission of the offence.]

(3) A water undertaker [F95or combined licensee] which applies or introduces any substance or product in contravention of regulation 31(2) or a notice given under regulation 31(8), or uses any process in contravention of a prohibition imposed under regulation 32(1) or without complying with a condition imposed by virtue of regulation 32(2) shall be guilty of an offence and liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum;

(b)on conviction on indictment, to a fine.

F96(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) If any person, in F97... furnishing any information or making any application under regulation 31 or 32, makes any statement which he or she knows to be false in a material particular, or recklessly makes any statement which is false in a material particular, he or she shall be guilty of an offence and liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum;

(b)on conviction on indictment, to a fine.

(6) Proceedings for an offence under paragraph (5) shall not be instituted except by or with the consent of the National Assembly for Wales or the Director of Public Prosecutions.

Textual Amendments

PART VIIIE+W RECORDS AND INFORMATION

Maintenance of recordsE+W

34.—(1) [F98Every water undertaker or combined licensee shall, in respect of each of the water supply zones which it uses for the purposes of supplying water to consumers, prepare and maintain a record containing—]

(a)the name of the zone;

(b)the name of every water treatment works, service reservoir and other supply point from which water is supplied to premises within the zone;

(c)an estimate of the population of the zone;

(d)particulars of any departure authorised under Part VI of these Regulations which applies to water supplied in the zone;

(e)particulars of the action taken or required to be taken by the water undertaker [F99or combined licensee] to comply with—

(i)any enforcement order made under section 18 of the Act;

(ii)any departure authorised under Part VI; and

(iii)any notice under regulation 19(4);

(f)particulars of the result of any analysis of samples taken in accordance with Part IV of these Regulations or any of regulations 12 to 14[F100, 16A and 28]; and

(g)such other particulars as the water undertaker [F99or combined licensee] may determine.

[F101(1A) A retail licensee shall, in respect of each of the water supply zones which it uses for the purposes of supplying water to consumers, prepare and maintain a record containing—

(a)the name of the zone;

(b)particulars of any departure authorised under Part VI of these Regulations which applies to water supplied in the zone;

(c)particulars of the action taken or required to be taken by the retail licensee to comply with—

(i)any enforcement order made under section 18 of the Act;

(ii)any departure authorised under Part VI; and

(iii)any notice under regulation 19(4); and

(d)such other particulars as the retail licensee may determine.]

(2) A water undertaker [F102or combined licensee] shall make—

(a)initial entries in the record in respect of the matters mentioned in paragraph (1) (a) to (d) and (e)(ii) before 1st March 2004 [F103or, in the case of a combined licensee, no later than 3 months after the day on which it first introduces water into a supply system for the purposes of supplying water to consumers ];

(b)entries in respect of the matters mentioned in paragraph (1)(e)(i) and (iii) within 28 days of the date of the order and notice respectively; and

(c)entries relating to the results of the analysis of samples within 28 days of the day on which the result is first known to the water undertaker [F104or combined licensee].

[F105(2A) A retail licensee shall make—

(a)initial entries in the record in respect of the matters mentioned in paragraph (1A)(a), (b) and (c)(ii) no later than 3 months after the day on which it first uses a supply system for the purposes of supplying water to consumers; and

(b)entries in respect of the matters mentioned in paragraph (1A)(c)(i) and (iii) within 28 days of the date of the order and notice respectively.]

(3) Without prejudice to paragraph (2), the [F106relevant supplier] shall at least once in each year review and bring up to date the record required to be kept by paragraph (1) [F107or paragraph (1A) (as the case may be)].

(4) Nothing in this regulation shall require a [F108relevant supplier] to retain a record—

(a)of information mentioned in any of sub-paragraphs (a), (b) and (f) of paragraph (1) [F109or in sub-paragraph (a) of paragraph (1A)] at any time more than 30 years after the date on which the information was first entered in the record;

(b)of information mentioned in any other sub-paragraph of [F110paragraph (1) or paragraph (1A)] at any time more than five years after the date on which the information was first entered in the record.

Textual Amendments

Provision of informationE+W

[F11135.—(1) Subject to paragraphs (2), (3) and (4), any person may request a relevant supplier to send to the person making the request a copy of any record maintained by the relevant supplier under regulation 34 and the relevant supplier shall, within seven days of the receipt of the request, send a copy of the record requested to the person who requested it.

(2) A relevant supplier shall comply with a request under paragraph (1)—

(a)in the case of a request relating to a water supply zone, free of charge if the person receives a supply of water in the zone; or

(b)in any other case, on payment of such reasonable charge as the relevant supplier may determine.

(3) Paragraph (1) does not oblige a relevant supplier to comply with a request which is vexatious.

(4) Where a relevant supplier has previously complied with a request which was made by any person, paragraph (1) does not oblige it to comply with a subsequent identical or substantially similar request from that person unless a reasonable interval has elapsed between compliance with the previous request and the making of the subsequent request.

(5) A water undertaker shall include in, or append to, at least one of the accounts sent to each customer in any year a statement informing customers of their rights under paragraph (1).

(6) As soon as possible after an event which, by reason of its effect or likely effect on the water supplied by a relevant supplier, gives rise or is likely to give rise to a significant risk to human health, the relevant supplier shall notify—

(a)in every case—

(i)every appropriate local authority,

(ii)the National Public Health Service for Wales,

(iii)the Council, and

(iv)the Welsh Ministers, and

(b)in any case where the event gives rise or is likely to give rise to a significant risk to human health in England—

(i)the Health Protection Agency, and

(ii)the Secretary of State.

(7) Where a person has received a notification under paragraph (6), that person may require the relevant supplier to provide such further information relating to the event and its consequences as that person may reasonably require.]

Textual Amendments

Publication of informationE+W

F11236.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

PART IXE+W FUNCTIONS OF LOCAL AUTHORITIES IN RELATION TO WATER QUALITY

Application and interpretationE+W

37.—(1) This Part applies to the performance by a local authority of their duty under section 77(1) of the Act M9 insofar as that duty relates to water supplies which are not private supplies.

[F113(2) In this Part “specified relevant supplier”, in relation to a local authority, means—

(a)a water undertaker any of whose water supply zones include an area which is situated within the area of that authority; or

(b)a licensed water supplier which uses any such water supply zones for the purposes of supplying water to consumers.]

Textual Amendments

Marginal Citations

M9As to the application of section 77(1) to the councils of counties in which there are no distinct councilssee regulation 5(7) of S.I. 1994/867 as substituted by S.I. 1996/611.

Duties of local authorities: supplementary provisionE+W

38.—(1) In performing their duty under section 77(1) of the Act (general functions of local authorities in relation to water quality), a local authority—

(a)shall make such arrangements with the [F114specified relevant supplier] as will secure that the authority is notified as mentioned in [F115regulation 35(6)(a)(i)]; and

(b)may take, or cause to be taken, and analyse, or cause to be analysed, by a person designated by them in writing, such samples of the water supplied to premises in their area as they may reasonably require.

(2) Regulation 16 shall apply to samples taken by virtue of paragraph (1) as it applies to samples taken for the purposes of Parts IV and V of these Regulations; but with the following modifications—

(a)in paragraph (1), for the words “A water undertaker [F116or combined licensee]” there shall be substituted the words “ A local authority ”; and

[F117(b)in paragraph (2)(e), for the words “the laboratory, the water undertaker or the combined licensee” there is substituted “ the laboratory, the water undertaker, the combined licensee or the authority ”.]

Textual Amendments

PART XE+W ENFORCEMENT

Contraventions by water undertakersE+W

39.  Any duty or requirement imposed by Parts IV to VIII of these Regulations on a [F118relevant supplier] shall be enforceable under section 18 of the Act by the National Assembly for Wales or the [F119Authority], whether or not the duty or requirement constitutes an offence.

Textual Amendments

PART XIE+W AMENDMENT AND REVOCATION OF REGULATIONS AND SAVING AND TRANSITIONAL PROVISION

Amendment of the Water Supply (Water Quality) Regulations 1989E+W

F12040.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Transitional provision: programmes of workE+W

F12041.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Transitional provision: authorisationsE+W

F12042.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Revocation of Regulations and savingsE+W

43.—(1) The Water Supply (Water Quality) (Amendment) Regulations 1999 M10 and the following provisions of the 1989 Regulations shall be revoked—

  • Regulations 23A and 23B,

  • so much of regulation 28 as relates to regulations 23A and 23B, and

  • in regulation 29(1)(f), the words “or 23B”.

(2) On 25th December 2003—

(a)Parts II and III of the 1989 Regulations,

(b)so much of the Water Supply (Water Quality) (Amendment) Regulations 1989 M11 and the Water Supply (Water Quality) (Amendment) Regulations 1991 M12 as relates to those Parts, and

(c)regulation 22 of the Private Water Supplies Regulations 1991 M13,

shall be revoked.

(3) On 1st January 2004—

(a)the 1989 Regulations (in so far as not already revoked),

(b)the Water Supply (Water Quality) (Amendment) Regulations 1991 (in so far as not already revoked),

(c)regulation 8(1) of the Surface Waters (Abstraction for Drinking Water) (Classification) Regulations 1996 M14, and

(d)regulations 40 to 42 of, and Schedule 5 and 6 to, these Regulations,

shall be revoked.

(4) Nothing in paragraph (3) revokes any of the provisions referred to in that paragraph so far as they relate to local authorities in England.

(5) Nothing in paragraph (3) shall affect any obligation of a water undertaker under the 1989 Regulations to compile and retain records, make information available and produce reports in respect of years ending on or before 31st December 2003.

[F121(6) No amendments to these Regulations made by the Water Supply (Water Quality) Regulations 2001 (Amendment) Regulations 2007 shall affect any duty on a water undertaker or combined licensee under earlier enactments to compile or maintain records or to make information available on request in respect of any period ending immediately before 22 December 2007.]

Textual Amendments

Marginal Citations

M13S.I. 1991/2790, to which there are amendments not relevant to these Regulations.

M15 Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998 .

Rhodri Morgan

First Secretary

Marginal Citations

regulations 2 and 4

SCHEDULE 1E+W PRESCRIBED CONCENTRATIONS AND VALUES

TABLE AE+WMICROBIOLOGICAL PARAMETERS

Part I:

Directive requirements

ItemParametersConcentration or Value (maximum)Units of MeasurementPoint of compliance
1.Enterococci0number/100mlConsumers’ taps
2.Escherichia coli (E. coli)0number/100mlConsumers’ taps
Part II:

National requirements

ItemParametersConcentration or Value (maximum)Units of MeasurementPoint of compliance
1.Coliform bacteria0number/100mlService reservoirs* and water treatment works
2.Escherichia coli (E. coli)0number/100mlService reservoirs and water treatment works

Note: *Compliance required as to 95% of samples from each service reservoir (regulation 4(6)).

TABLE BE+WCHEMICAL PARAMETERS

Part I:

Directive requirements

ItemParametersConcentration or Value (maximum)Units of MeasurementPoint of compliance
1.Acrylamide0.10℞g/l(i)
2.Antimony5.0℞gSb/lConsumers’ taps
3.Arsenic10℞gAs/lConsumers’ taps
4.Benzene1.0℞g/lConsumers’ taps
5.Benzo(a)pyrene0.010℞g/lConsumers’ taps
6.Boron1.0mgB/lConsumers’ taps
7.Bromate10℞gBrO3/lConsumers’ taps
8.Cadmium5.0℞gCd/lConsumers’ taps
9.Chromium50℞gCr/lConsumers’ taps
10.Copper(i)2.0mgCu/lConsumers’ taps
11.Cyanide50℞gCN/lConsumers’ taps
12.1, 2 dichloroethane3.0℞g/lConsumers’ taps
13.Epichlorohydrin0.10℞g/l(i)
14.Fluoride1.5mgF/lConsumers’ taps
15.Lead(ii)

(a)25, from 25th December 2003 until immediately before 25th December 2013

℞gPb/lConsumers’ taps

(b)10, on and after 25th December 2013

℞gPb/lConsumers’ taps
16.Mercury1.0℞gHg/lConsumers’ taps
17.Nickel(ii)20℞gNi/lConsumers’ taps
18.Nitrate(iii)50mgNO3/lConsumers’ taps
19.Nitrite(iii)0.50mgNO2/lConsumers’ taps
0.10Treatment Works
20.

Pesticides(iv)(v)

Aldrin )

Dieldrin )

Heptachlor )

Heptachlor )

epoxide )

0.030℞g/lConsumers’ taps
other pesticides0.10℞g/lConsumers’ taps
21.Pesticides: Total(vi)0.50℞g/lConsumers’ taps
22.Polycyclic aromatic hydrocarbons(vii)0.10℞g/lConsumers’ taps
23.Selenium10℞gSe/lConsumers’ taps
24.Tetrachloroethene and Trichloroethene(viii)10℞g/lConsumers’ taps
25.Trihalomethanes: Total(ix)100℞g/lConsumers’ taps
26.Vinyl chloride0.50℞g/l(i)

Notes:

(i)The parametric value refers to the residual monomer concentration in the water as calculated according to specifications of the maximum release from the corresponding polymer in contact with the water. This is controlled by product specification.

(ii)See also regulation 6(6).

(iii)See also regulation 4(2)(d).

(iv)See the definition of “pesticides and related products” in regulation 2.

(v)The parametric value applies to each individual pesticide.

(vi)“Pesticides: Total” means the sum of the concentrations of the individual pesticides detected and quantified in the monitoring procedure.

(vii)The specified compounds are:

  • - benzo(b)fluoranthene

  • - benzo(k)fluoranthene

  • - benzo(ghi)perylene

  • - indeno(1,2,3-cd)pyrene.

  • The parametric value applies to the sum of the concentrations of the individual compounds detected and quantified in the monitoring process.

    (viii)

    The parametric value applies to the sum of the concentrations of the individual compounds detected and quantified in the monitoring process.

    (xi)

    The specified compounds are:

    • - chloroform

    • - bromoform

    • - dibromochloromethane

    • - bromodichloromethane.

  • The parametric value applies to the sum of the concentrations of the individual compounds detected and quantified in the monitoring process.

    Part II:

    National requirements

    ItemParametersConcentration or Value (maximum unless otherwise stated)Units of MeasurementPoint of compliance
    1.Aluminium200℞gAl/lConsumers’ taps
    2.Colour20mg/l Pt/CoConsumers’ taps
    F122. . .F122. . .F122. . .F122. . .F122. . .
    F123. . .F123. . .F123. . .
    4.Iron200℞gFe/lConsumers’ taps
    5.Manganese50℞gMn/lConsumers’ taps
    6.Odour [F124Acceptable to consumers and no abnormal change]F125. . .Consumers’ taps
    7.Sodium200mgNa/lConsumers’ taps
    8.Taste[F124Acceptable to consumers and no abnormal change]F125. . .Consumers’ taps
    9.Tetrachlorome-thane3℞g/lConsumers’ taps
    10.Turbidity4NTUConsumers’ taps

Textual Amendments

regulations 2 and 4

SCHEDULE 2E+W INDICATOR PARAMETERS

ItemParametersSpecification Concentration or Value (maximum [F126unless otherwise stated]) or StateUnits of MeasurementPoint of monitoring
1.Ammonium0.50mgNH4/lConsumers’ taps
2.Chloride(i)250mgCl/lSupply point*
3.Clostridium perfringens (including spores)0Number/100mlSupply point*
4.Coliform bacteria0Number/100mlConsumers’ taps
5.Colony countsNo abnormal changeNumber/1ml at 22°CConsumers’ taps, service
Number/1ml at 37°CReservoirs and treatment works
6.Conductivity(i)2500℞S/cm at 20°CSupply point*
7.Hydrogen ion9.5pHvalueConsumers’ taps
[F1276.5 (minimum)] [F128pH value]
8.Sulphate(i)250mgSO4 /lSupply point*
9.Total indicative dose (for radioactivity)(ii)0.10mSv/yearSupply point*
10.Total organic carbon (TOC)No abnormal changemgC/lSupply point*
11.Tritium (for radioactivity)100Bq/lSupply point*
12.Turbidity1NTUTreatment works

Textual Amendments

Notes:

(i)The water should not be aggressive.

(ii)Excluding tritium, potassium-40, radon and radon decay products.

*May be monitored from samples of water leaving treatment works or other supply point, as no significant change during distribution.

Part IV

SCHEDULE 3E+W MONITORING

TABLE 1E+W PARAMETERS AND CIRCUMSTANCES FOR CHECK MONITORING

(1)(2)(3)
ItemParameterCircumstances
1.AluminiumWhen used as flocculant or where the water originates from, or is influenced by, surface waters
2.Ammonium
3.Clostridium perfringens (including spores)Where the water originates from, or is influenced by, surface waters
4.Coliform bacteria
5.Colony counts
6.Colour
7.Conductivity
8.Escherichia coli (E. coli)
9.Hydrogen ion
10.IronWhen used as flocculant or where the water originates from, or is influenced by, surface waters
11.ManganeseWhere the water originates from, or is influenced by, surface waters
12.NitrateWhen chloramination is practised
13.NitriteWhen chloramination is practised
14.Odour
15.Taste
16.Turbidity

TABLE 2E+WANNUAL SAMPLING FREQUENCIES: WATER SUPPLY ZONES

(1)(2)(3)(4)
Substances and parameters subject to check monitoringEstimated population of water supply zoneReducedStandard
E. coli
Coliform bacteria<1004
Residual disinfectant.10012 per 5,000 population(i)
Aluminium
Ammonium
Clostridium perfringens (including spores)*<10012
100—4,99924
5,000—9,999612
Colony counts10,000—29,9991224
Colour30,000—49,9991836
Conductivity*50,000—79,9992652
Hydrogen ion80,000—100,0003876
Iron
Manganese
Nitrate(ii)
Nitrite(ii)
Odour
Taste
Turbidity
Parameters subject to audit monitoring
Aluminium
Antimony
Arsenic
Benzene*<1001
Benzo(a)pyrene100—4,9994
Boron*5,000—100,0008
Bromate(iii)
Cadmium
Chromium
[F129Clostridium perfringens (including spores)]
Copper
Cyanide*
1,2 dichloroethane*
Enterococci
Fluoride*
Iron
Lead
Manganese
Mercury*
Nickel
Nitrate(ii)
Nitrite(ii)
Pesticides and related products*
Polycyclic aromatic<1001
hydrocarbons100—4,9994
Selenium5,000—100,0008
Sodium
Trichloroethene
/Tetrachloroethene*
Tetrachloromethane*
Trihalomethanes
Chloride*
Sulphate*
Total organic carbon*
Tritium*
Gross alpha*(iv)
Gross beta*(iv)

Textual Amendments

Notes: * Sampling for these parameters may be within water supply zones or at supply points as specified in Table 3, subject to notes (ii) and (iii) below.

(i)Where the population is not an exact multiple of 5,000, the population figure should be rounded up to the nearest multiple of 5,000.

(ii)Check monitoring in water supply zones is required only where chloramination is practised. In other circumstances audit monitoring is required.

(iii)Audit monitoring in water supply zones is required only where sodium hypochlorite is added after water has left the treatment works. In other circumstances, audit monitoring is required at supply points.

(iv)To monitor for total indicative dose (for radioactivity).

TABLE 3E+WANNUAL SAMPLING FREQUENCIES: TREATMENT WORKS OR SUPPLY POINTS*

(1)(2)(3)(4)(5)
ItemSubstances and parametersVolume of water supplied m3/dReducedStandard
1.E. Coli<204
2.Coliform bacteria20—1,9991252
3.Colony counts2,000—5,99952104
4.Nitrite(ii)6,000—11,999104208
5.Residual disinfectant.12,000104365
6.Turbidity
Subject to check monitoring
7.Clostridium perfringens(i)<202
20 — 99924
8.Conductivity1,000 — 1,999612
2,000 — 5,9991224
6,000 — 9,9991836
10,000 — 15,9992652
16,000 — 32,99952104
33,000 — 49,99978156
50,000 — 67,999104208
68,000 — 84,999130260
85,000 — 101,999156312
102,000 —119,999183365
120,000 — 241,999365730
242,000 — 484,9997301,460
485,000 — 728,9991,0952,190
Subject to audit monitoring
9.Benzene
10.Boron
11.Bromate(iv)
[F13011A] [F131Clostridium perfringens (including spores)]
12.Cyanide
13.1,2 dichloroethane
14.Fluoride
15.Mercury<201
16.Nitrite(iii)20—9994
17.Pesticides and Related products1,000—49,9998
50,000—89,99912
90,000—299,99924
300,000—649,00036
18.

Trichloroethene )

Tetrachloroethene)

.650,00048
19.Tetrachloromethane
20.Chloride
21.Sulphate
22.Total organic carbon
23.Tritium
24.Gross alpha(v)
25.Gross beta(v)

Textual Amendments

Notes: *Sampling is at treatment works for the substances and parameters shown in column (1) of the Table as items 1 to 6 and at supply points for the other substances and parameters, except nitrite, subject to notes (ii) and (iii) below.

(i)Check monitoring is required only in respect of surface waters (see regulation 6(2) and Table 1 in Schedule 3).

(ii)Sampling at treatment works when chloramination is practised.

(iii)Sampling at treatment works when chloramination is not practised.

(iv)Audit monitoring at supply points is required only where sodium hypochlorite is not added after water has left the treatment works. In other circumstances, audit monitoring is required in water supply zones.

(v)To monitor for total indicative dose (for radioactivity).

regulation 16

SCHEDULE 4E+W ANALYTICAL METHODOLOGY

TABLE A1 E+WPARAMETERS FOR WHICH, SUBJECT TO REGULATION 16(7), METHODS OF ANALYSIS ARE PRESCRIBED

(1)(2)
ParameterMethod
Clostridium perfringens (including spores)Membrane filtration followed by anaerobic incubation of the membrane on m-CP agar* at 44+ 1°C for 21+ 3 hours. Count opaque yellow colonies that turn pink or red after exposure to ammonium hydroxide vapours for 20 to 30 seconds.
Coliform bacteriaISO 9308-1
Colony count 22°C — enumeration of culturable microorganismsprEN ISO 6222
Colony count 37°C— enumeration of culturable microorganismsprEN ISO 6222
EnterococciISO 7899-2
Escherichia coli (E. coli)ISO 9308-1

*The composition of m-CP agar is:

Basal medium
Tryptose30.0g
Yeast extract20.0g
Sucrose5.0g
L-cysteine hydrochloride1.0g
MgSO4·7H2O0.1g
Bromocresol purple40.0mg
Agar15.0g
Water1,000.0ml

Dissolve the ingredients of the basal medium, adjust pH to 7.6 and autoclave at 121°C for15 minutes. Allow the medium to cool and add:

D-cycloserine400.0mg
Polymyxine-B sulphate25.0mg
Indoxyl-[beta]-D-glucoside60.0mg
to be dissolved in 8ml sterile water before addition
Filter — sterilised 0.5% phenolphthalein diphosphate solution20.0ml
Filter — sterilised 4.5% FeCl3· 6H2O2.0ml

TABLE A2 E+WPARAMETERS IN RELATION TO WHICH METHODS OF ANALYSIS MUST SATISFY PRESCRIBED CHARACTERISTICS

(1)(2)(3)(4)
ParametersTrueness % of prescribed concentration or value or specificationPrecision % of prescribed concentration or value or specificationLimit of detection % of prescribed concentration or value or specification
Aluminium101010
Ammonium101010
Antimony252525
Arsenic101010
Benzene252525
Benzo(a)pyrene252525
Boron101010
Bromate252525
Cadmium101010
Chloride101010
Chromium101010
Colour101010
Conductivity101010
Copper101010
Cyanide(i)101010
1,2-dichloroethane252510
Fluoride101010
Iron101010
Lead101010
Manganese101010
Mercury201020
Nickel101010
Nitrate101010
Nitrite101010
Pesticides and related products(ii)252525
Polycyclic aromatic hydrocarbons(iii)252525
Selenium101010
Sodium101010
Sulphate101010
Tetrachloromethane202020
Trichloroethene(iv)252510
Trihalomethanes: Total(iii)252510
Turbidity(v)101010
Turbidity(vi)252525

Notes:

(i)The method of analysis should determine total cyanide in all forms.

(ii)The performance characteristics apply to each individual pesticide and will depend on the pesticide concerned.

(iii)The performance characteristics apply to the individual substances specified at 25% of the parametric value in Part I of Table B in Schedule 1.

(iv)The performance characteristics apply to the individual substances specified at 50% of the parametric value in Part I of Table B in Schedule 1.

(v)The performance characteristics apply to the prescribed value of 4NTU.

(vi)The performance characteristics apply to the specification of 1NTU for water leaving treatment works.

regulation 40

F132SCHEDULE 5E+W AMENDMENT OF THE WATER SUPPLY (WATER QUALITY) REGULATIONS 1989

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

regulation 41

F132SCHEDULE 6E+W PROGRAMMES OF WORK

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Explanatory Note

(This note does not form part of the Regulations.)

These Regulations supplement Chapter III (Water Supply) of the Water Industry Act 1991 (“the 1991 Act”), amend, for a limited period, the Water Supply (Water Quality) Regulations 1989 (“the 1989 Regulations”) and, on 1st January 2004, revoke and replace those Regulations. They are primarily concerned with the quality of water supplied by water undertakers whose areas are wholly or mainly in Wales for drinking, washing, cooking and food preparation, and for food production, and with arrangements for the publication of information about water quality.

The Regulations are directed at the achievement of the objective set out in Article 2 of Council Directive 98/83/EC (OJ No. L 330, 5.12.98, p.32) (“the 1998 Directive”), namely, to protect human health from the adverse effects of any contamination of water intended for human consumption by ensuring that it is wholesome and clean. In particular, effect is given in Part III of the Regulations to Articles 4 and 5 of the 1998 Directive which relate to the quality of water intended for human consumption and, in Part V, to Article 7 (monitoring) of that Directive.

Subject to the exceptions mentioned below, the Regulations come into force on 1st January 2004. Regulations 1 and 2 (which deal with commencement, application and interpretation), regulation 25 (which deals with interpretation of Part VII), regulations 27 to 29 (which deal with cryptosporidium), so much of regulation 33 (which deals with offences) as relates to contraventions of paragraph (9) of regulation 28 or regulation 29, regulation 39 (which deals with contraventions by water undertakers), regulation 40 (which introduces the amendments to the 1989 Regulations set out in Schedule 5), regulation 41 (a transitional provision requiring the submission of programmes of work) and paragraph (1) of regulation 43 (revoking parts of the 1989 Regulations) come into force on 1st January 2002.

Regulation 3 (which deals with water supply zones) and regulation 42 (a transitional provision enabling applications to be made for authorisations) come into force on 1st June 2003.

Regulation 4 (which prescribes new standards of wholesomeness), regulations 17 to 24 (which deal with sampling), paragraphs (4) and (5) of regulation 30 (which deals with lead pipes) and paragraph (2) of regulation 43 (which revokes provisions of the 1989 Regulations superseded by regulations 4 and 17 to 24) come into force on 25th December 2003, when the 1998 Directive takes effect.

Part I of the Regulations (regulations 1 and 2) defines terms that are used in the Regulations.

Part II (regulation 3) requires water undertakers to identify annually the areas (“water supply zones”) that are to be relevant for a particular year for the purposes of the application of provisions of the Regulations. A water supply zone may not comprise an area in which the estimated population exceeds 100,000. Water undertakers may not alter the boundaries of water supply zones during the year.

Part III (regulation 4) prescribes standards of wholesomeness in respect of water that is supplied by water undertakers for cooking, drinking, food preparation and washing and other domestic purposes and to premises for food production purposes. These various purposes are referred to in the Regulations as “regulation 4(1) purposes”. In particular, regulation 4 provides that water is to be regarded as wholesome if it contains concentrations or values in respect of various properties, elements, organisms and substances that do not contravene prescribed maximum and, in some cases, minimum concentrations or values. Some of the prescribed maximum and minimum concentrations and values are specified in regulation 4, but most are included in Tables A and B which appear in Schedule 1 to the Regulations. They include the values specified in Parts A and B of Annex 1 to the 1998 Directive. There are also specifications for indicator parameters in Schedule 2.

Part IV (regulations 5 to 10) provides for the monitoring of water supplies by reference to the analysis of samples. Regulation 5 defines two monitoring regimes; “audit” monitoring and “check” monitoring. Regulation 6 requires water undertakers to take a minimum number of samples each year in respect of a variety of properties, elements, organisms and substances. It also makes special provision for monitoring supplies from tankers. Regulation 7 requires water undertakers to select at random the consumers’ taps from which samples are to be taken. Regulation 8 authorises the taking of samples from points other than consumers’ taps (“supply points”) and allows the National Assembly for Wales to authorise other supply points. Regulation 9 deals with the number of samples to be taken. These are specified in Tables 1 and 2 in Schedule 3 to the Regulations, and are not less than those specified in Annex II to the 1998 Directive. Regulation 10 requires samples to be taken where water undertakers have reason to believe that the quality of the water within their water supply zone has been adversely affected by the presence of certain elements, organisms or substances.

Part V (regulations 11 to 16) contains additional provisions relating to sampling. Regulations 13 and 14 require samples to be taken in respect of particular organisms and substances, at treatment works and at reservoirs which store treated water. Regulation 15 requires samples to be taken before water is supplied from new sources and from sources which have not recently been used. Regulation 16 prescribes requirements relating to the taking, handling, storage, transport and analysis of samples.

Part VI (regulations 17 to 24) provides for the investigation of every failure to satisfy a concentration, value or state prescribed by regulation 4 and for a report to be made to the National Assembly for Wales. Where a failure relates to a Table B parameter, and certain other conditions are met, the National Assembly for Wales may require the water undertaker to apply to it for an authorisation allowing a departure from the requirements of Part III, as regards that parameter. The circumstances in which such authorisations may be issued, and the conditions to which they are subject, are contained in regulations 21 and 22, respectively. (Article 9 of the 1998 Directive permits derogations from the parametric values). Provision is made in regulation 23 for publicising authorisations. Regulation 24 provides for the modification and withdrawal of authorisations.

Part VII (regulations 25 to 33) deals with the treatment of water and regulates the substances, processes and products that may be used by water undertakers in connection with the supply of water. Regulation 26 imposes requirements relating to the disinfection of water and imposes additional requirements for the treatment of surface water. It prohibits the abstraction for the supply of drinking water of waters below category A3, as required by Council Directive 75/440/EEC (quality required of surface water intended for the abstraction of drinking water). Regulations 27 to 29 relate specifically to cryptosporidium. Regulation 27 provides for the carrying out of risk assessments. Regulations 28 and 29 re-enact, with amendments, the requirements of regulations 23A and 23B of the 1989 Regulations. Regulation 28(9) prohibits the supply of water from treatment works for regulation 4(1) purposes on and after 1st January 2002 unless a risk assessment has been carried out and either the National Assembly for Wales has authorised the supply or remedial treatment has been required and is being carried out. Regulation 30 makes provision for securing the elimination or reduction to a minimum of the risk that water will be contaminated after supply by excessive concentrations of copper or lead. Regulation 31 specifies the circumstances in which water undertakers may apply or introduce substances or products into water supplied for drinking, washing or cooking. Regulation 32 enables the National Assembly for Wales to require that its approval be obtained to the use of processes. Contravention of some of the requirements of regulations 28, 29, 31 and 32 is made a criminal offence by regulation 33, as is the making of false statements.

Part VIII deals with the provision of information by water undertakers. Regulation 34 requires water undertakers to prepare and maintain records containing information about the quality of water supplied in their water supply zones. Regulation 35 requires each water undertaker to make available for public inspection, and to supply local authorities with, information about the quality of water within its water supply zones, the extent to which Part IV of the Regulations has been complied with, details of any departures authorised under Part VI of the Regulations and of the action which has been taken to comply with enforcement orders under section 18 of the 1991 Act. It also requires each water undertaker to give notice of any occurrence which gives rise, or may give rise, to a significant risk to health. Notice is to be given to each local authority and health authority in whose area reside persons to whose health there is or may be a significant risk, and to the relevant customer service committee. Regulation 36 requires water undertakers to publish an annual report containing information about the quality of water in the area for which they are responsible.

Part IX (regulations 37 and 38) imposes requirements on local authorities in the performance of their duties in relation to the quality of water supplied by water undertakers. Regulation 38 provides for the making of arrangements between the authorities and the water undertakers about the provision of information. It also enables local authorities to take such samples of water as they may reasonably require.

Part X (regulation 39) provides that contraventions by water undertakers of duties or requirements imposed by Parts V to VIII of the Regulations are to be enforceable under section 18 of the 1991 Act by the National Assembly for Wales. This provision is additional to the criminal sanctions provided by regulation 33 in relation to contraventions of regulations 28 and 29, 31 and 32.

Part XI (regulations 40 to 43) amends the 1989 Regulations, makes transitional provisions and revokes the 1989 Regulations and other related provisions subject to savings. The amendments to the 1989 Regulations, which take effect on 1st January 2002, are set out in Schedule 5 (regulation 40). Regulation 41 requires the water undertakers to submit for the National Assembly for Wales’ approval programmes of work designed to secure that the standards of wholesomeness prescribed in Part III of the Regulations will, so far as reasonably practicable, be achieved when that Part comes into force on 25th December 2003. Programmes of work are to be prepared in accordance with Schedule 6 and are to be submitted to the National Assembly for Wales before 1st April 2002. They may be approved by the National Assembly for Wales with or without modification, and may be modified where the National Assembly for Wales considers it necessary to do so for the purpose of securing that wholesomeness standards will be met on and after 25th December 2003. If a water undertaker fails to submit a programme of works, or if the submitted programme fails to meet the requirements of Schedule 6, or is otherwise unacceptable, the National Assembly for Wales may prepare one. Programmes of work will be enforceable under section 18 of the 1991 Act by the National Assembly for Wales.

Regulation 42 makes further transitional provision to enable water undertakers to apply in advance for the National Assembly for Wales’ authorisation in relation to matters which, on and after 25th December 2003, will need to be authorised under Part VI of the Regulations.

Regulation 43 revokes, in stages, the 1989 Regulations, various sets of amending regulations and the amendments made by regulation 40, in relation to water undertakers whose areas are wholly or mainly in Wales and in relation to local authorities in Wales as regards the discharge of functions in relation to those undertakers. Regulation 22 of the Private Water Supplies Regulations 1991 and regulation 8(1) of the Surface Waters (Abstraction for Drinking Water) (Classification) Regulations 1996 are also revoked to the same extent, in consequence of the revocation of the 1989 Regulations. The revocation of the 1989 Regulations does not affect the obligations of water undertakers to keep records, provide information, and make reports for the year ending on 31st December 2003.

A regulatory appraisal in respect of the Regulations may be obtained from the National Assembly for Wales, Cathays Park, Cardiff, CF10 3NQ. [A copy has been placed in the library of each House of Parliament.]

Copies of the ISO standards referred to in Table A1 in Schedule 4 may be obtained from BSI, 389 Chiswick High Road, London W4 4AL.

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