UK Offence Report

1 A water undertaker which applies or introduces, any substance or product in contravention of regulation…

regulation 35(1) of The Water Supply (Water Quality) Regulations (Northern Ireland) 2017

This offence was read from the text as made, and no revised version was available, so a later revocation could not be ruled out. Check the current text at legislation.gov.uk.

What the provision says

1 A water undertaker which applies or introduces, any substance or product in contravention of regulation 33(1) or a notice given under regulation 33(8), or uses any process in contravention of a prohibition imposed under regulation 34(1) or without complying with a condition imposed by virtue of regulation 34(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.

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds
a person
Conduct
breaching a condition of a licence, permit or consent
Fault element
Strict liability
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove that the conduct happened. This is a strict liability offence as drafted: the provision uses no word of intention, knowledge, recklessness or negligence, so there is no need to show that a person meant to do it, knew about it, or was careless.

Intention, knowledge and carelessness are irrelevant to guilt. They may still matter a great deal to sentence.

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision.

What would breach regulation 35(1)?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

  1. Holding a valid licence but doing the thing it allows outside the hours, place or limits its conditions set under the Water Supply (Water Quality) Regulations (Northern Ireland) 2017.
  2. Failing to do something a condition positively requires - a record, a notification, a monitoring step - even though the licensed activity itself is carried on properly.

Penalty

Mode of trial
Either way — magistrates’ court or Crown Court
Maximum fine
£5,000
Maximum prison (summary)
Not determined

expressed as the statutory maximum (the prescribed sum): the same words mean £5,000 in England and Wales and £10,000 in Scotland.

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

Prosecution figures

No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Status not determined
Made
6 October 2017
In force from
27 October 2017
Extent
Not stated

How this was established: read from the text as made; no revised version available, so later revocation could not be ruled out.

What the instrument is for

(This note is not part of the Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations supplement the Water and Sewerage Services (Northern Ireland) Order 2006 (the 2006 Order) and also on 27th October 2017, they revoke and replace the Water Supply Quality (Northern Ireland) Regulations 2007 and the Water Supply (Water Quality) (Amendment) Regulations (Northern Ireland) 2009. They also on that date revoke and replace the Water Supply (Water Quality) Regulations (Northern Ireland) 2010 and the Water Supply (Water Quality) Regulations (Northern Ireland) 2015. The Water Supply Quality (Northern Ireland) Regulations 2007 and aforementioned associated amendments are referred to as the “2007 Regulations”. These Regulations implement Council Directive 98/83/EC on the quality of water intended for human consumption (O.J. No. L330, 5.12.1998 p.32) (the DWD) as amended by Commission Directive (EU) 2015/1787 and they also implement Council Directive 2013/51/EURATOM laying down requirements for the protection of the health of the general public with regard to radioactive substances in water intended for human consumption (O.J. No. L296, 7.11.2013 P.12) in relation to public drinking water supplies. The Regulations are primarily concerned with the quality of water supplied in Northern Ireland by the water undertaker for drinking, washing, cooking and food preparation, and for food production, and with arrangements for the publication of information about water quality. Part 1 of the Regulations (regulations 1 and 2) defines terms that are used in the Regulations. Part 2 (regulation 4) requires the water undertaker 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. The water undertaker may not alter the boundaries of water supply zones during the year. Part 3 (regulation 5) prescribes standards of wholesomeness in respect of water that is supplied by the water undertaker 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 5(1) purposes”. Part 4 (regulations 6 to 12) provides for the monitoring of water supplies by reference to the analysis of samples. Regulation 6 requires the water undertaker to monitor all water it supplies for human consumption supplies and establish monitoring programmes in accordance with that Part. Regulation 7 defines two monitoring regimes; “Group A” monitoring and “Group B” monitoring. Regulation 8 requires the water undertaker 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 9 requires the water undertaker to select at random the consumers’ taps from which samples are to be taken. Regulation 10 authorises the taking of samples from points other than consumers’ taps (“supply points”) and allows the Department to authorise other supply points. Regulation 11 deals with the number of samples to be taken. These are specified in Schedule 3 to the Regulations, and are not less than those specified in Annex II to the DWD. Regulation 11 requires samples to be taken where the water undertaker’s 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. Regulation 12 sets further provisions for sampling. Part 5 (regulations 13 to 18) contains additional provisions relating to sampling. Regulations 14 and 15 require samples to be taken in respect of particular organisms and substances, at treatment works and at reservoirs which store treated water. Regulation 17 requires samples to be taken before water is supplied from new sources and from sources which have not recently been used. Regulation 18 prescribes requirements relating to the taking, handling, storage, transport and analysis of samples. Part 6 (regulation 19) gives provision for deviation from Monitoring requirements of Group A and Group B monitoring under certain conditions. Part 7 (regulation 20) requires the water undertaker to identify every point from which it abstracts water for supply for regulation 5(1) purposes and to take samples from those points to comply with regulations 29 to 31. Part 8 (regulations 21 to 28) investigate the cause of any failure, or apprehended failure, of any parameters set out in Schedule 1 or any indicator parameters set out in Schedule 2 and for a notification to be made to the Department. Where a failure relates to a Table B parameter of Schedule 1, and certain other conditions are met, the Department may require the water undertaker to apply to it for an authorisation allowing a departure from the requirements of Part 3, 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 24 and 25, respectively. Provision is made in regulation 27 for publicising authorisations. Regulation 28 provides for the modification and withdrawal of authorisations. Part 9 (regulations 29 to 35) deals with the treatment of water and regulates the substances, processes and products that may be used by the water undertaker in connection with the supply of water. Regulation 28 imposes requirements relating to the disinfection of water and imposes additional requirements for the treatment of surface water. Regulation 30 provides for the carrying out of risk assessments. Regulation 31 provides the procedures following risk assessments. Regulation 32 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 33 specifies the circumstances in which the water undertaker may apply or introduce substances or products into water supplied for drinking, washing or cooking. Regulation 34 enables the Department to require that its approval be obtained to the use of processes. Part 10 (regulation 36 to 38) deals with the provision of information by the water undertaker. Regulation 36 requires the water undertaker to prepare and maintain records containing information about the quality of water supplied in their water supply zones. Regulation 37 requires the water undertaker to make available for public inspection, and to supply the Department and district councils with, information about the quality of water within its water supply zones, the extent to which Part 4 of the Regulations has been complied with, details of any departures authorised under Part 8 of the Regulations. It also requires the water undertaker to provide district councils and health authorities with information relating to matters that could affect the health of persons residing in the district councils’ areas. Regulation 38 requires the water undertaker to publish an annual report containing information about the quality of water. Part 11(regulation 39) provides for revocations as set out in Schedule 6. Part 12 (regulation 40) sets out transitional provisions regarding authorisations given to the Department under article 20 or 21 of the Water Supply (Water Quality) Regulations (Northern Ireland) 2002. A regulatory impact assessment of the costs and benefits and the effect that this instrument will have on the business and voluntary sector has shown there will be no additional impact to these sectors in comparison to the impact imposed by the 2007 Regulations.

Read the full note and every offence in this instrument

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.92.

Basis
the provision says a person is “guilty of an offence”
Confidence
0.92 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source