UK Offence Report

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

regulation 28(1) of The Water Supply (Water Quality) Regulations 1989

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 25(1) or a notice given under regulation 25(4), or uses any process in contravention of a prohibition imposed under regulation 26(1) or without complying with a condition imposed by virtue of regulation 26(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 This is the text as originally made; later amendments are not shown here.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 28(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 1989.
  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
£2,000
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 July 1989
In force from
1 September 1989
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 Chapter II (Water Supply) of Part II of the Water Act 1989 (“the 1989 Act”). They are primarily concerned with the quality of water supplied in England and Wales for drinking, washing and cooking and with arrangements for the publication of information about water quality. The Regulations come into force on 1st September 1989 except for regulations 13, 17, 18 and 19, which deal with sampling frequency, and come into force on 1st January 1990. Effect is given in Part II of the Regulations to Article 7 of Council Directive 80/778/EEC (OJ No. L 229, 30.8.80, p.11) which relates to the quality of water intended for human consumption. Part IV of the Regulations gives effect to paragraphs 1 to 4 of Article 12 (monitoring of the quality of water intended for human consumption) of that Directive. In Part VI of the Regulations, regulation 23 gives effect, in part, to Article 2 of Council Directive 75/440/EEC (quality required of surface water intended for the abstraction of drinking water) and to paragraph 3 of Article 4 of that Directive. Part I of the Regulations defines terms that are used in the Regulations. Part II prescribes standards of wholesomeness in respect of water that is supplied by water undertakers (the water companies) and private suppliers for drinking, washing or cooking. In particular, it provides that water is to be regarded as wholesome if it contains concentrations or values in respect of various properties, elements, organisms and substances which 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 3 but most are listed in Tables A to E which appear in Schedule 2 to the Regulations. They include the maximum admissible and minimum required concentrations and values specified in Annex I to Council Directive 80/778/EEC. Part III enables the Secretary of State or, in the case of private water supplies, the Secretary of State or the appropriate local authority, to relax the requirements of Part II. The circumstances in which such relaxation is permissible are consistent with those specified in paragraphs 1 and 3 of Article 9 and paragraph 1 of Article 10 of Council Directive 80/778/EEC. Part IV provides for the monitoring of water supplies by reference to analysis of samples taken from consumers' taps. Regulation 11 requires water undertakers to identify, in relation to areas which they are required to determine as “water supply zones”, such number and location of consumers' taps as will ensure that the samples taken are representative of the quality of the water within the zone. In the circumstances specified in regulation 12 the Secretary of State may authorise the taking of samples from points other than consumers' taps. Regulation 13 requires water undertakers to take a minimum number of samples (“the standard number”) each year in respect of a variety of properties, elements, organisms and substances. The standard numbers are specified in Tables 1 to 6 in Schedule 3 to the Regulations and are not less than those specified in Annex II to Council Directive 80/778/EEC. Regulation 13 also requires samples to be taken where changes in the undertakers' practices may have had an effect on the quality of the water within the water supply zones. Part V contains additional provisions relating to sampling. Regulations 17 and 18 require samples to be taken in respect of particular organisms and substances at treatment works and at reservoirs which store treated water. Regulation 19 requires additional samples to be taken in certain circumstances. Regulation 20 requires samples to be taken before water is supplied from new sources and from sources which have not recently been used. Regulation 21 prescribes requirements relating to the taking, handling, storage, transport and analysis of samples. Part VI 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 23 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. Regulation 24 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, lead or zinc. Regulation 25 specifies the circumstances in which water undertakers may apply or introduce substances or products into water supplied for drinking, washing or cooking. Regulation 26 enables the Secretary of State to require that his approval be obtained to the use of processes. Regulation 27 empowers the Secretary of State to make charges in respect of applications under regulation 25. Contravention of some of the requirements of regulations 25 and 26 is made a criminal offence by regulation 28, as is the making of false statements. Part VII deals with the provision of information by water undertakers. Regulation 29 requires the undertakers to prepare and maintain records containing information about the quality of water supplied in their water supply zones. Regulation 30 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 II of the Regulations has been complied with, details of any relaxations granted under Part III of the Regulations and of the action which has been taken to comply with undertakings given pursuant to section 20 of the 1989 Act. It also requires each water undertaker to provide local authorities and district health authorities with information relating to matters that could affect the health of persons residing in the authorities' areas. Regulation 31 requires water undertakers to publish an annual report containing information about the quality of water in the area for which it is responsible. Part VIII imposes requirements on local authorities in the performance of their duties in relation to the quality of water supplied by water undertakers. Regulation 33 provides for the making of arrangements between the authorities and the undertakers about the provision of information. It also enables local authorities to take such samples of water as they may reasonably require. Part IX provides that contraventions by water undertakers of duties or requirements imposed by Parts IV to VI of the Regulations are to be enforceable under section 20 of the 1989 Act by the Secretary of State. This provision is additional to the criminal sanctions provided by regulation 28 in relation to contraventions of regulations 25 and 26.

Read the full note and every offence in this instrument

Other offences in the same 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