Water Supply (Water Quality) (Amendment) Regulations (Northern Ireland) 2009 (revoked)

Northern Ireland Statutory Rule 2009 No. 246 — creates 2 criminal offences.

2offences created

0recorded in force

0revoked

Made: 24 June 2009
In force from: 15 July 2009
Extent: Not stated
Subject: Energy, communications, water and utilities
Made under: 89/106/EEC, 98/34/EC, European Communities Act 1972

Explanatory note

(This note is not part of the Order) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations amend the Water Supply (Water Quality) Regulations (Northern Ireland) 2007 (S.R. 2007/147) (“the Principal Regulations). The Principal Regulations implement Council Directive 98/83/EC on the quality of water intended for human consumption (“the Drinking Water Directive”) (OJ No L330, 5.12.1998, p.32) in Northern Ireland in relation of water supplies by water undertakers, and make further provision about the supply of drinking water. These amendment Regulations also implement parts of Council Directive 2000/60/EC (“the Water Framework Directive”) and Council Directive 2008/99/EC (“the Environmental Crime Directive”). Regulation 2 amends the Principal Regulations and the main changes are as follows: Paragraph (3) inserts a requirement that water must be of uniform quality within a water supply zone designated by a water undertaker. Paragraph (4) inserts new compliance requirements for water supplied in bottles or containers during a breakdown in the piped supply system. Paragraph (5) clarifies the Principal Regulations. Paragraph (6) inserts new risk assessment requirements in relation to water supplied from new sources. Paragraph (7) inserts new requirements in relation to monitoring of drinking water abstraction points. Monitoring at such points is necessary to comply with the new provisions on disinfection of raw water, other treatment arrangements and risk assessments inserted by paragraphs (11) to (13). It also inserts requirements for monitoring frequencies of parameters set out in Annex X of the Council Directive 2000/60/EC. This monitoring reflects those parameters that are established by the risk assessments set out in paragraphs (11) to (13). Paragraph (8) amends the Principal Regulations by moving the word “discloses” to the end of sub-paragraph (a). Paragraph (9) amends the publication requirements in relation to the authorisation of temporary supplies of unwholesome water, usually referred to as “authorised departures”. Paragraph (11) takes account of the repeal of Council Directive 75/440/EEC concerning the quality required of surface water intended for the abstraction of drinking water in the Member States (OJ No L194, 25/7/1975, p.26), as amended by Article 22(1) of the Water Framework Directive. The new provision requires that raw water is disinfected and that other adequate treatment arrangements are in place. A breach of these requirements is enforceable under Article 30 of the Water and Sewerages Services (NI) Order 2006. Paragraphs (12) and (13) replace existing provisions in relation to Cryptosporidium with a general duty to conduct risk assessments of water treatment works and supply systems and to take appropriate action to deal with any potential danger to human health identified. Supplying water from water treatment works or supply systems in breach of these requirements is enforceable under Article 30 of the Water and Sewerages Services (NI) Order 2006. Paragraph (14) amends the Principal Regulations by updating to current EU requirements and inserting specifications on the Department’s issuing of conditions of the approval of substances. Paragraph (15) inserts a criminal offence to implement and comply with the Council Directive 2008/99/EC on the protection of the environment through criminal law. Paragraph (16) clarifies the numbering of paragraphs to coincide with the amendments made. Paragraph (17) amends the Principal Regulations by removing the requirement for the water undertaker to provide information upon any request and allows them to give any requested, maintained record within ten working days of the request. It also regulates the provision of information after a water quality event to certain named bodies. Paragraph (18) amends the Principal Regulations to make the publication of the water undertakers report more appropriate and applicable to the public and district councils.

Offences created by this instrument

Offences 31A 1 A water undertaker which applies or introduces, any substance or product in contravention of regulation… regulation 2(15) · Status not determined · Strict liability
A water undertaker which applies or introduces, any substance or product in contravention of regulation 30(2) or a… regulation 31A(1) · Status not determined · Strict liability

What Parliament said about it

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