The Water Supply (Miscellaneous Amendments) (England and Wales) Regulations 2010

Made: 25th March 2010

Laid before Parliament: 30th March 2010

Laid before the National Assembly for Wales: 30th March 2010

Coming into force: 20th April 2010

The Secretary of State, in relation to England, and the Welsh Ministers, in relation to Wales, make these Regulations under section 2(2) of the European Communities Act 1972[^f00002], having been designated for the purposes of that Act. The Secretary of State is designated in relation to the environment[^f00003]. The Welsh Ministers are designated in relation to the quality of water intended for domestic purposes or for use in a food production undertaking[^f00004].

Citation, extent and commencement

1

These Regulations may be cited as the Water Supply (Miscellaneous Amendments) (England and Wales) Regulations 2010; they extend to England and Wales and come into force on 20th April 2010.

Amendment of the Water Industry Act 1991

2

• (1) Section 19 of the Water Industry Act 1991[^f00005] is amended as follows.

• (2) In subsection (3), for paragraph (b) (and the “and” immediately following it) substitute—

(b) publish in such manner as the Secretary of State or the Authority considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by them— (i) a copy of the notice, and (ii) where the Secretary of State or the Authority is satisfied as mentioned in paragraph (b) of subsection (1), a summary of the undertaking describing the steps to be taken under it; and

• (3) After subsection (3), insert—

(3A) In a case where notice under subsection (3)(a) falls to be served by the Welsh Ministers, references to the Secretary of State in subsection (3)(b) are to be read as references to the Welsh Ministers.

Amendment of the Drinking Water (Undertakings) (England and Wales) Regulations 2000

3

In regulation 2 of the Drinking Water (Undertakings) (England and Wales) Regulations 2000[^f00006] for “Directive 80/778/EEC (the Drinking Water Directive)” substitute “Council Directive 98/83/EC (on the quality of water intended for human consumption)”[^f00007].

Signed

Huw Irranca-Davies — Parliamentary Under Secretary of State — Department for Environment, Food and Rural Affairs — 25th March 2010

Jane Davidson — Minister for Environment, Sustainability and Housing — one of the Welsh Ministers — 25th March 2010

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations, which extend to England and Wales, amend section 19(3) of the Water Industry Act 1991. Where the Secretary of State, the Welsh Ministers or the Water Services Regulation Authority accept an undertaking as an alternative to making an enforcement order, they must publish a summary of the undertaking. This is in order to implement fully Article 8(7) of Council Directive 98/83/EC (on the quality of water intended for human consumption, OJ No L 330, 5.12.1998, p 32), which requires consumers to be notified where remedial action is taken.

They also amend the Drinking Water (Undertakings) (England and Wales) Regulations 2000 (S.I. 2000/1297) to refer to Council Directive 98/83/EC which repealed and replaced Council Directive 80/778/EEC (relating to the quality of water intended for human consumption, OJ No L 229, 30.08.1980, p 11).

A full impact assessment has not been prepared for these Regulations as no impact on the private or voluntary sectors is foreseen.

Footnotes

[^f00001]: OJ No L 31, 1.2.2002, p 1.

[^f00002]: 1972 c. 68.

[^f00003]: S.I. 2008/301.

[^f00004]: S.I. 2004/3328, as amended by S.I. 2005/850; the powers conferred on the National Assembly for Wales by those instruments are now exercisable by the Welsh Ministers by virtue of section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32).

[^f00005]: 1991 c. 56.

[^f00006]: S.I. 2000/1297, as amended by S.I. 2005/2035.

[^f00007]: OJ No L 330, 5.12.1998, p 32, as last amended by Regulation (EC) No. 596/2009 OJ No L 188, 18.7.2009, p 14.