The Water Supply (Water Quality) (Amendment) Regulations 2016

Made: 21 March 2016

Laid before Parliament: 23 March 2016

Laid before National Assembly for Wales: 23 March 2016

Coming into force: 14 April 2016

The Welsh Ministers make these Regulations in exercise of the powers conferred upon them by section 2(2) of the European Communities Act 1972 and section 67, 69, 77(3) and (4) and 213(2) of the Water Industry Act 1991[^f00003]:

Title, commencement and interpretation

1

• (1) The title of these Regulations is the Water Supply (Water Quality) (Amendment) Regulations 2016 and they come into force on 14 April 2016.

• (2) In these Regulations, “the 2010 Regulations” means the Water Supply (Water Quality) Regulations 2010[^f00004].

Amendments to regulation 6 (monitoring: general provisions)

2

In regulation 6 of the 2010 Regulations—

• (a) in paragraph (6), omit the words “and, subject to paragraph (7), the parameters relevant to radioactivity (total indicative dose and tritium),”; and

• (b) omit paragraphs (7) to (9).

New regulation 6A (monitoring: radioactive substances)

3

After regulation 6 of the 2010 Regulations, insert—

(6A) (1) A water undertaker must monitor each water supply zone within its area of supply for the parameters contained in the radioactive substances parameters table in accordance with this regulation and Schedule 3A. (2) In this regulation and Schedule 3A, “the radioactive substances parameters table” means the table in Schedule 2A. (3) The Welsh Ministers may, by notice to a water undertaker, confirm that they have established (on the basis of representative surveys, monitoring data or other reliable information) that, for a period specified in the notice, one or more of the parameters listed in the radioactive substances parameters table is not likely to be present in a water supply zone for human consumption purposes in concentrations which could exceed the prescribed concentration or value for the relevant parameter in that table. (4) Where a notice is given to a water undertaker under paragraph (3), the water undertaker is not required to monitor the water supply zone for the parameter (or parameters) during the period specified in the notice. (5) Where paragraph (3) applies, the Welsh Ministers must communicate the grounds for their decision to the European Commission with the necessary documentation supporting the decision (including the findings of any surveys, monitoring or investigations carried out). (6) Where a notice has previously been given under paragraph (3) and the Welsh Ministers are no longer satisfied that the levels of radon, tritium or the calculated ID in relation to the water supply zone specified in the notice will remain below the respective parametric values in the radioactive substances parameters table, the Welsh Ministers must inform the water undertaker in writing accordingly, and the exemption under paragraph (4) will no longer apply. (7) In case of naturally occurring radionuclides, where previous monitoring results show that the concentration of radionuclides in the supply is stable, the minimum sampling and analysis frequencies are to be decided by the Welsh Ministers, and confirmed by notice in writing to the water undertaker, taking into consideration the risk to human health. (8) The additional requirements in Schedule 5 apply to monitoring for compliance with the indicative dose parameter.

Amendment of Schedule 2 (indicator parameters)

4

In the table in Schedule 2 to the 2010 Regulations, omit—

• (a) the entry in relation to total indicative dose (for radioactivity);

• (b) the entry in relation to tritium (for radioactivity); and

• (c) note (ii).

Insertion of new Schedule 2A (radioactive substances parameters)

5

After Schedule 2 (indicator parameters) to the 2010 Regulations, insert the schedule set out in Schedule 1 to these Regulations.

Amendment of Schedule 3 (monitoring)

6

In Schedule 3 to the 2010 Regulations—

• (a) in Table 2 (annual sampling frequencies: water supply zones) under the “subject to audit monitoring” heading—

• (i) insert in the appropriate place —

• (ii) for the entries relating to gross alpha and gross beta, substitute—

; and

• (iii) omit note (v); and

• (b) in Table 3 (annual sampling frequencies: treatment works or supply points) under the “subject to audit monitoring” heading—

• (i) insert in the appropriate place—

• (ii) for the entries relating to gross alpha and gross beta, substitute—

; and

• (iii) omit note (v).

Insertion of new Schedule 3A (monitoring of radioactive substances)

7

After Schedule 3 (monitoring) to the 2010 Regulations insert the schedule set out in Schedule 2 to these Regulations.

Insertion of new Schedule 5 (monitoring for indicative dose and analytical performance characteristics)

8

After Schedule 4(analytical methodology) to the 2010 Regulations insert the schedule set out in Schedule 3 to these Regulations.

SCHEDULE1

SCHEDULE2

SCHEDULE 3

Signed

Carl Sargeant — Minister for Natural Resources, one of the Welsh Ministers — 21 March 2016

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend the Water Supply (Water Quality) Regulations 2010 (“the 2010 Regulations”) so as to implement Council Directive 2013/51/EURATOM on the protection of the health of the general public with regard to the radioactive substances in water intended for human consumption in relation to water supplied by water undertakers whose areas are wholly or mainly in Wales.

Regulation 3 of these Regulations inserts new regulation 6A (monitoring of radioactive substances) into the 2010 Regulations. New regulation 6A makes provision for new requirements in relation to monitoring for radon, tritium and indicative dose (“the radioactive substances parameters”).

Regulation 5 of these Regulations inserts a new Schedule 2A (radioactive substances parameters) into the 2010 Regulations. The new Schedule 2A sets parametric values for the radioactive substances parameters.

Regulation 7 of these Regulations inserts new Schedule 3A (monitoring of radioactive substances) into the 2010 Regulations which includes further monitoring requirements for the radioactive substances parameters.

Regulation 8 of these Regulations inserts new Schedule 5 (monitoring for indicative dose and analytical performance characteristics) into the 2010 Regulations. The new Schedule 5 makes provision for additional sampling and analysis requirements in relation to the radioactive substances parameters listed in the new Schedule 2A.

Regulations 2, 4 and 6 of these Regulations make consequential amendments in light of the above.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.

Footnotes

[^f00001]: S.I. 2004/3328, as amended by S.I. 2005/850, S.I. 2007/1349, S.I. 2008/301, S.I. 2012/1759 and S.I. 2014/1362.; the functions conferred on the National Assembly for Wales by means of that Order are now exercisable by the Welsh Ministers by virtue of section 162 of, and paragraphs 28 and 30 of Schedule 11 to, the Government of Wales Act 2006 (c.32).

[^f00002]: 1972 c.68.

[^f00003]: 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, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) (“the 1999 Order”); the functions of the Secretary of State under section 69 (as amended) 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 provisions of the 1999 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 1999 Order; the functions of the Secretary of State under section 213 (as amended) of that Act were made exercisable by the Assembly to the same extent as the powers to which that section applies were made exercisable by the Assembly by virtue of the same provisions of the 1999 Order: see the entry in Schedule 1 to the 1999 Order 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 are relevant. References in Schedule 1 to the 1999 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 (as amended) of the Water Industry Act 1991 for the definitions of “supply system” and “licensed water supplier”. By virtue of section 162 of, and paragraphs 28 and 30 of Schedule 11 to, the Government of Wales Act 2006, the functions conferred on the Assembly are now exercisable by the Welsh Ministers.

[^f00004]: S.I. 2010/994 (W. 99) amended by S.I. 2011/14, 2013/235 and 2013/1387.

[^f00005]: OJ No. L 159, 29.6.1996, p. 1.

Editorial notes

[^key-064bb8d4eaaf5e77fd615683a5113279]: Reg. 1 in force at 14.4.2016, see reg. 1(1)

[^key-d1780874843e4776d7daa6c5658c8a92]: Reg. 2 in force at 14.4.2016, see reg. 1(1)

[^key-7e5bdf8bb7769fbbe2100dbc65637448]: Reg. 3 in force at 14.4.2016, see reg. 1(1)

[^key-ce13240a4c779a7429108a9e1f329688]: Reg. 4 in force at 14.4.2016, see reg. 1(1)

[^key-992fe24ae0b00a75dcd15c2b1fffa3dc]: Reg. 5 in force at 14.4.2016, see reg. 1(1)

[^key-c83941083b9d9673e0705567fc85ce7d]: Reg. 6 in force at 14.4.2016, see reg. 1(1)

[^key-4887fda2a41240390ae5e7fd22c572c9]: Reg. 7 in force at 14.4.2016, see reg. 1(1)

[^key-26cadf9bdc8a64fd8f1f327c8f410231]: Reg. 8 in force at 14.4.2016, see reg. 1(1)

[^key-6da252b978429c0c500e1f69f9ddca01]: Sch. 1 in force at 14.4.2016, see reg. 1(1)

[^key-53fe9207bf6c75cedb4abd4eb57565f9]: Sch. 2 in force at 14.4.2016, see reg. 1(1)

[^key-4a0680108c9fae9536c3727f394a9e15]: Sch. 3 in force at 14.4.2016, see reg. 1(1)