Drinking Water (Undertakings) (England and Wales) Regulations 2000
2000 No. 1297
WATER INDUSTRY, ENGLAND AND WALES
The Drinking Water (Undertakings) (England and Wales) Regulations 2000
Made 11th May 2000
Laid before Parliament 15th May 2000
Coming into force 14th June 2000
The Secretary of State, being a Minister designated1for the purposes of section 2(2) of the European Communities Act 19722in relation to measures relating to the quality of water intended for human consumption, including water when used in, or in connection with the production and marketing of, food, in exercise of the powers conferred on him by section 2(2) of that Act, hereby makes the following Regulations:
Citation, commencement, extent and interpretation
1.—(1) These Regulations may be cited as the Drinking Water (Undertakings) (England and Wales) Regulations 2000 and shall come into force on 14th June 2000.
(2) These Regulations extend to England and Wales.
(3) In these Regulations—
“the relevant enforcement authority” means—
(a) in relation to a company whose area of appointment as a water undertaker is wholly or mainly in Wales, the National Assembly for Wales3; and
(b) in all other cases, the Secretary of State; and
“water supply zone” has the meaning given by regulation 2 of the Water Supply (Water Quality) Regulations 19894.
Acceptance of undertakings
2. An undertaking which relates to a contravention of section 68 of the Water Industry Act 19915(water quality) in so far as it implements Directive 80/778/EEC6(the Drinking Water Directive) shall be accepted by the relevant enforcement authority for the purposes of section 19(1)(b) of that Act (remedial action) only if the provisions of regulations 3 to 5 are complied with.
Applications
3.—(1) A company offering to give an undertaking must make an application in writing to the relevant enforcement authority setting out—
(a)
(a) the terms of the undertaking proposed;
(b)
(b) details of investigations made to identify the contravention and its cause, including relevant sampling evidence;
(c)
(c) the reason for proposing the remedial steps specified in the undertaking, details of any alternative remedial steps considered and the reason for preferring those proposed;
(d)
(d) whether or not there are any alternative means for maintaining supplies to the population affected by the contravention and, if so, what they are and the reason for not using them;
(e)
(e) the company’s estimate of the maximum deviation from the quality required by section 68 of the Water Industry Act 1991 in relation to each relevant parameter which is likely to occur while remedial steps are being taken and an explanation of the basis of that estimate;
(f)
(f) an explanation of the measures proposed for monitoring the quality of water supplied in relation to each relevant parameter, and for preventing any danger to public health arising, while remedial steps are being taken; and
(g)
(g) all other information on which the company relies to support its application.
(2) In this regulation, “relevant sampling evidence” means details of all relevant samples taken, including the date and place at which each such sample is taken and the results of its analysis.
Content of undertakings
4. The undertaking must specify—
(a) the nature of the contravention and its cause or suspected cause;
(b) the water supply zone affected and the size of the population supplied;
(c) the remedial steps which...
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