UK Offence Report

The Private Water Supplies Regulations 2009 (revoked)

UK Statutory Instrument 2009 No. 3101 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
24 November 2009
In force from
1 January 2010
Extent
Not stated
Subject
Food, consumer protection, trading standards, product safety and age-restricted sales
Made under
(EC) No. 178/2002, Part 4, section 2(2) of the European Communities Act 1972, Water Industry Act 1991

Explanatory note

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

These Regulations, which apply in England, implement Council Directive 98/83/EC (on the quality of water intended for human consumption, OJ No L 330, 5.12.1998, p 32) in relation to private water supplies. They revoke and replace the Private Water Supply Regulations 1991 in England. The principal changes are that the Regulations impose on local authorities a duty to carry out a risk assessment of the private water supplies and they make it an offence to breach a notice served by the local authority under regulation 18. The Regulations establish an appeal process for any person aggrieved by such notice. They apply to private water supplies other than those provided by a water undertaker or a licensed water supplier. They define “wholesomeness” in regulation 4 and Schedule 1, and impose a duty on the local authority to carry out a risk assessment of the private water supply (regulation 6) and to monitor the supply (regulations 7 to 10 and Schedule 2). Once monitored, the local authority must ensure that the sample is analysed in the ways set out in the Schedule 3. The local authority must make and maintain records (regulation 12 and Schedule 4), and must send a copy of the records to the Secretary of State in accordance with regulation 13. Part 3 of the Regulations sets out procedures if the private water supply is not wholesome. Schedule 5 sets out the fees payable under the Regulations. A full impact assessment has been prepared for these Regulations, and laid in the library of each House of Parliament. It is available on the Defra website at www.defra.gov.uk.

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