The Water Supply (Water Quality) Regulations 2000 (Amendment) Regulations 2007

Made: 13th September 2007

Laid before Parliament: 18th September 2007

Coming into force: 22nd December 2007

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Citation, commencement, extent and interpretation

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Amendments to the Principal Regulations

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Further amendments to the Principal Regulations

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Transitional provisions

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Revocation of spent provisions in the Water Supply (Water Quality) (Amendment) Regulations 2001

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Revocation of spent provisions in the National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc Provisions) Regulations 2002

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Revocation of spent provisions in the Water Act 2003 (Consequential and Supplementary Provisions) Regulations 2005

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THE SCHEDULE — FURTHER AMENDMENTS TO THE PRINCIPAL REGULATIONS

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Signed

Jeff Rooker — Minister of State, — Department for Environment, Food and Rural Affairs — 2007-09-13

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend the Water Supply (Water Quality) Regulations 2000 (S.I. 2000/3184) (“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”) (OJNoL330, 5.12.1998, p.32) in parts of England and Wales in relation to water supplies by water undertakers and licensed water suppliers, and make further provision about the supply of drinking water.

Regulation 2 amends the Principal Regulations and the main changes are as follows.

Paragraph (4) inserts a requirement that water must be of uniform quality within a water supply zone designated by a water undertaker.

Paragraph (5) inserts new compliance requirements for water supplied in bottles during a breakdown in the piped supply system.

Paragraph (6) inserts restrictions on the authorisation of supply point monitoring where an introduction into a water supply zone is made by a licensed water supplier.

Paragraph (9) inserts new risk assessment requirements in relation to water supplied from new sources.

Paragraph (10) 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 (18) to (20). Together with a monitoring programme established by the Environment Agency, this also implements in parts of England and Wales Article 8(1) and (2) of Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy (OJ No L327, 22.12.2000, p.1) (“the Water Framework Directive”). This monitoring programme is established by the Environment Agency under regulation 9 of the Water Environment (Water Framework Directive) (England and Wales) Regulations 2003 (S.I.2003/3242), that provision as applied by regulation 5 of the Water Framework Directive (Northumbria River Basin District) Regulations 2003 (S.I. 2003/2345) and, together with the Scottish Environment Protection Agency, under paragraph 5 of Schedule 1 to the Water Framework Directive (Solway Tweed River Basin District) Regulations 2004 (S.I. 2004/99).

Paragraph (14) amends the publicity requirements in relation to the authorisation of temporary supplies of unwholesome water, usually referred to as “authorised departures”.

Paragraph (17) 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. Breach of the these requirements is a criminal offence under provisions inserted by paragraph (22).

Paragraphs (18) to (20) 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 conditions specified in a notice served under these provisions is a criminal offence under provisions inserted by paragraph (22).

Paragraph (21) inserts a charging provision for approvals of substances and products used in connection with water supply. As this provision amends regulation 31 of the Principal Regulations which contains a technical regulation, these Regulations have also been notified in draft to the European Commission in accordance with Directive 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) (“the Technical Standards Directive”) (OJ No L 2004, 21.7.1998, p.37).

Paragraphs (24) and (25) update the requirements relating to the provision and publication of information under the Principal Regulations.

Regulation 3 makes some adjustments to Schedules 1 to 3 to the Principal Regulations in relation to certain parameters and monitoring requirements.

Regulations 4 to 7 make consequential transitional provisions and revocations.

A transposition note and full regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Department for Environment, Food & Rural Affairs, Water Supply and Regulation Division, Ergon House, Horseferry Road, London SW1P 2AL or from the Department’s website at www.defra.gov.uk/environment/water/industry.

Footnotes

[^f00001]: S.I. 1998/2793.

[^f00002]: 1972 c. 68.

[^f00003]: Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51).

[^f00004]: OJ No L40, 11.2.1989, p.12, as amended.

[^f00005]: OJ No L 204, 21.7.1998, p.37, as amended.

[^f00006]: 2002 c. 17.

[^f00007]: 2003 c. 37.

[^f00008]: 1991 c. 56; the functions of the Secretary of State under section 67 were transferred to the National Assembly for Wales (“the Assembly”) (a) for the making of regulations concerning water supplied using the supply system of a water undertaker, in relation to the supply system of any water undertaker whose area is wholly or mainly in Wales, and (b) for the making of regulations concerning water supplied other than using the supply system of a water undertaker, in relation to Wales, by article 2 of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) (“the Order”); the functions of the Secretary of State under section 69 of that Act were, in relation to any water undertaker whose area is wholly or mainly in Wales and any licensed water supplier so far as relating to licensed activities using the supply system of any such water undertaker, transferred to the Assembly by the same provision of the Order; the functions of the Secretary of State under section 77 of that Act were transferred to the Assembly in relation to Wales by the same provision of the Order; the functions of the Secretary of State under section 213 of that Act were exercisable by the Assembly to the same extent as the powers to which that section applies were exercisable by the Assembly by virtue of the same provision of the Order; see the entry in Schedule 1 for the Water Industry Act 1991 as substituted by paragraph (e) of Schedule 3 to the National Assembly for Wales (Transfer of Functions) Order 2000 (S.I. 2000/253) and amended by section 100(2) of the Water Act 2003 (c. 37); there are other amending instruments but none is relevant. Sections 69 and 213 of that Act were amended by sections 58 and 101(1) of, paragraph 39 of Schedule 7 to, and paragraphs 2, 19 and 49 of Schedule 8 to, the Water Act 2003. References in Schedule 1 to the Order to specific sections of the Water Industry Act 1991 are treated by section 100(6) of the Water Act 2003 as referring to those sections as amended by the Water Act 2003. See section 219(4A) of the Water Industry Act 1991 as inserted by section 101(1) of, and paragraphs 2 and 50 of Schedule 8 to, the Water Act 2003 for the definition of “supply system”. See section 219(1) of the Water Industry Act 1991 as amended by section 101(1) of, and paragraphs 2 and 50 of Schedule 8 to, the Water Act 2003 for the definition of “licensed water supplier”. By virtue of section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32), functions conferred on the Assembly are exercisable by the Welsh Ministers.

[^f00009]: S.I. 2000/3184, amended by S.I. 2001/2885, S.I. 2002/2469 and S.I. 2005/2035.

[^f00010]: 2004 c. 17.

[^f00011]: 2006 c. 42.

[^f00012]: OJ No L327, 22.12.2000, p. 1, as amended.

[^f00014]: OJ No L204, 21.7.1998, p.37, as amended.

[^f00015]: S.I. 2001/2885.

[^f00016]: S.I. 2002/2469, to which there are amendments not relevant to these Regulations.

[^f00017]: S.I. 2005/2035.

Editorial notes

[^key-3c1c7a1b540a27365cdeddf1d20366ca]: Regulations revoked (27.6.2016) by The Water Supply (Water Quality) Regulations 2016 (S.I. 2016/614), reg. 1(1), Sch. 7 (with reg. 1(2)(3))

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