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The Secretary of State for Environment, Food and Rural Affairs, in exercise of the powers conferred upon her by sections 67, 69, and 213(2) of the Water Industry Act 1991[1], and in exercise of all other powers enabling her in that behalf, hereby makes the following Regulations: Citation, commencement, application and interpretation 1. - (1) These Regulations may be cited as the Water Supply (Water Quality) (Amendment) Regulations 2001, and shall come into force on 5th September 2001. (2) The amendments specified in the Schedule to these Regulations shall apply in relation to the supply of water by water undertakers whose areas are not wholly or mainly in Wales. (3) Any reference in the Schedule to these Regulations to a numbered regulation is a reference to the regulation bearing that number in the Water Supply (Water Quality) Regulations 2000[2]. Amendment of the Water Supply (Water Quality) Regulations 2000 2. The Water Supply (Water Quality) Regulations 2000 shall be amended in accordance with the Schedule to these Regulations. Further amendment of the Water Supply (Water Quality) Regulations 1989 3. The Water Supply (Water Quality) Regulations 1989[3] shall be amended -
(ii) by the insertion, at the end, of "or regulation 29 of the Water Supply (Water Quality) Regulations 2000"; and
(b) in Schedule 3, in Table 4B[5] -
(ii) by the substitution, for the last two entries, of the following entry -
1. In regulation 1 (citation, commencement and application) -
(2B) So much of regulation 33 as relates to any contravention of paragraph (9) of regulation 28 shall come into force on 1st October 2001."; and
2.
In regulation 2 (interpretation), in paragraph (1), in the definition of "appropriate local authority" and "appropriate health authority", omit sub-paragraph (b);
(b) in the definition of "trueness", after "is" insert "to be calculated as".
6.
In regulation 26 (treatment of raw water), in paragraph (2) for "This paragraph shall not", substitute "Nothing in paragraph (1) shall".
(f) in respect of residual disinfectant and, with the exception of clostridium perfringens (including spores), each indicator parameter, the minimum, mean and maximum concentrations or values or, where a state is specified in relation to any such parameter, a commentary on its state.";
(b) in paragraph (6), for sub-paragraphs (e) and (f), substitute the following -
(c) in paragraph (7), for sub-paragraphs (e) and (f), substitute the following -
(d) for paragraph (8), substitute -
10.
In regulation 43 (revocation of Regulations and savings) -
(b) in paragraph (2), for "Subject to paragraph (4), on", substitute "On"; and (c) for paragraph (4), substitute the following paragraph -
11.
In Schedule 2 (indicator parameters), after item 6 insert -
13.
In Schedule 3, in Table 2 (annual sampling frequencies: water supply zones) -
(ii) after "Tetrachloroethene*", insert "Tetrachloromethane*"; and
(b) in column (2), for "99,999", in each place where it occurs, substitute "100,000".
14.
In Schedule 3, in Table 3 (annual sampling frequencies: treatment works or supply points) -
(b) in column (2), in relation to the column (1) entry for item 16 (nitrite), for "(ii)", substitute "(iia)"; (c) in note "*" at the end of the Table, for "subject to notes (ii) and (iii)", substitute "except nitrite, subject to notes (ii) and (iia)"; and (d) for note (ii) at the end of the Table, substitute -
(iia) Sampling at treatment works when chloramination is not practised.".
(This note is not part of the Regulations) Regulation 2 of, and the Schedule to, these Regulations amend the Water Supply (Water Quality) Regulations 2000 ("the 2000 Regulations"). The effect of the amendments set out in paragraph 1 of the Schedule is -
(b) with effect from 1st October 2001, to enable proceedings to be taken in respect of contraventions of paragraph (9) of regulation 28 of those Regulations. That paragraph prohibits the supply of water from treatment works for the purposes, or to the premises, referred to in regulation 4(1) of the 2000 Regulations unless it has been established that there is no significant risk of cryptosporidium oocysts in water supplied from the works or that, if there is such a risk, and treatment is required, that steps are being taken to comply with the requirements; and (c) to commence, on 1st January 2004, the revocation of provisions relating to the functions of English local authorities under the Water Supply (Water Quality) Regulations 1989.
The amendments set out in paragraphs 2 and 9(d) are related. Their effect is to require a water undertaker to give notice of any occurrence which gives rise, or may give rise, to a significant risk to health. Notice is to be given to each local authority and health authority in whose area reside persons to whose health there is or may be a significant risk, and to the relevant customer services committee (defined in regulation 2(1) of the 2000 Regulations). Notes: [1] 1991 c. 56. Section 213 is amended by the Competition and Service (Utilities) Act 1992 (c. 43). Functions under section 67 of the Water Industry Act 1991 for making regulations concerning water supplied by water undertakers, and functions under section 69 of that Act were transferred to the National Assembly for Wales in relation to any water undertaker whose area is wholly or mainly in Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), Schedule 1, as substituted by S.I. 2000/253, Schedule 3. Functions under section 213 of the Water Industry Act 1991 are exercisable by the National Assembly for Wales to the same extent as the powers, duties and other provisions to which that section applies are exercisable by the Assembly; see S.I. 1999/672, Schedule 1, as substituted by S.I. 2000/253, Schedule 3.back [3] S.I. 1989/1147, amended by S.I. 1989/1384, 1991/1837 and 2790, 1996/3001, 1999/1524 and 2000/3184.back [4] Regulation 29 was amended by S.I. 2000/3184, regulations 40 and 43(1) and Schedule 5, paragraph (e).back [5] Table 4B was inserted by S.I. 2000/3184, regulation 40 and Schedule 5, paragraph (f).back
ISBN 0 11 029847 0
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