Office of Public Sector Information
PART III continued CHAPTER III continued
(1) If a water undertaker is of the opinion that a serious deficiency of water available for distribution by that undertaker exists or is threatened, that undertaker may, for such period as it thinks necessary, prohibit or restrict, as respects the whole or any part of its area, the use for the purpose of—
(a) watering private gardens; or
(b) washing private motor cars,
of any water supplied by that undertaker and drawn through a hosepipe or similar apparatus.
(2) A water undertaker imposing a prohibition or restriction under this section shall, before it comes into force, give public notice of it, and of the date on which it will come into force, in two or more newspapers circulating in the locality affected by the prohibition or restriction.
(3) Any person who, at a time when a prohibition or restriction under this section is in force, contravenes its provisions shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
(4) Where a prohibition or restriction is imposed by a water undertaker under this section, charges made by the undertaker for the use of a hosepipe or similar apparatus shall be subject to a reasonable reduction and, in the case of a charge paid in advance, the undertaker shall make any necessary repayment or adjustment.
(5) In this section “private motor car” means any mechanically propelled vehicle intended or adapted for use on roads other than—
(a) a public service vehicle, within the meaning of the [1981 c. 14.] Public Passenger Vehicles Act 1981; or
(b) a goods vehicle within the meaning of the [1988 c. 52.] Road Traffic Act 1988,
and includes any vehicle drawn by a private motor car.
(1) It shall be the duty of every local authority to take all such steps as they consider appropriate for keeping themselves informed about the wholesomeness and sufficiency of water supplies provided to premises in their area, including every private supply to any such premises.
(2) It shall be the duty of a local authority to comply with any direction given by the Secretary of State to that authority, to authorities of a description applicable to that authority or to local authorities generally as to—
(a) the cases and circumstances in which they are or are not to exercise any of the powers conferred on them by this Chapter in relation to private supplies; and
(b) the manner in which those powers are to be exercised.
(3) The Secretary of State may by regulations make such provision, supplementing the provisions of this section and of sections 78 and 79(2) below, as he considers appropriate for—
(a) imposing duties and conferring powers on local authorities with respect to the acquisition of information about the quality and sufficiency of water supplies provided to premises in their areas; and
(b) regulating the performance of any duty imposed by or under any of those provisions.
(4) Without prejudice to the generality of subsection (3) above, regulations under that subsection may—
(a) prescribe the matters to be taken into account by a local authority in determining, for the purposes of subsection (1) above, what is appropriate;
(b) provide, for the purposes of the exercise or performance of any power or duty conferred or imposed on a local authority by or under any of the provisions mentioned in subsection (3) above, for such samples of water to be taken and analysed at such times and in such manner as may be prescribed;
(c) authorise local authorities to exercise or perform any such power or duty through prescribed persons;
(d) provide for the recovery by a local authority from prescribed persons of such amounts as may be prescribed in respect of expenses reasonably incurred by the authority in the exercise of any such power or the performance of any such duty.
(1) It shall be the duty of a local authority to notify any water undertaker of anything appearing to the authority to suggest—
(a) that any supply by that undertaker of water for domestic or food production purposes to any premises in the area of that authority is, has been or is likely to become unwholesome or (so far as any such premises are concerned) insufficient for domestic purposes;
(b) that the unwholesomeness or insufficiency of any such supply is, was or is likely to be such as to cause a danger to life or health; or
(c) that the duty imposed on that undertaker by virtue of section 68(1)(b) above is being, has been or is likely to be so contravened as to affect any supply of water to premises in that area.
(2) Where a local authority have notified a water undertaker of any such matter as is mentioned in subsection (1) above, it shall be the duty of that authority, if they are not satisfied that all such remedial action as is appropriate will be taken by the undertaker, to inform the Secretary of State about the contents of the notification.
(1) This section applies to a case in which it is not practicable at reasonable cost for a water undertaker, by supplying water in pipes, to provide or maintain such a supply of wholesome water to any particular premises in its area as (so far as those premises are concerned) is sufficient for domestic purposes.
(2) In any case to which this section applies, it shall be the duty of the local authority in whose area the premises in question are situated, if they are satisfied—
(a) that the insufficiency or unwholesomeness of the supply of water for domestic purposes to those premises is such as to cause a danger to life or health; and
(b) that it is practicable at reasonable cost for the water undertaker, by providing it otherwise than in pipes, to provide to those premises such a supply of wholesome water as is sufficient for those purposes,
to require the undertaker, under subsection (3) below, to provide a supply of water to those premises otherwise than in pipes.
(3) Where, in a case to which this section applies—
(a) the insufficiency or unwholesomeness of the supply of water for domestic purposes to the premises in question is such as to cause a danger to life or health;
(b) it is practicable at reasonable cost for the water undertaker, by providing it otherwise than in pipes, to provide to those premises such a supply of wholesome water as (so far as those premises are concerned) is sufficient for domestic purposes; and
(c) the local authority in whose area those premises are situated notify the undertaker of the danger to life or health and require the undertaker to provide a supply otherwise than in pipes,
it shall be the duty of the undertaker, for such period as may be required by that local authority, to provide any supply to those premises which it is practicable at reasonable cost to provide otherwise than in pipes and which it is required to provide by that authority.
(4) Where under this section a local authority require the provision by a water undertaker of a supply of water to any premises, that authority—
(a) shall be liable to the undertaker for any charges payable by virtue of Chapter I of Part V of this Act in respect of the provision of that supply; but
(b) shall have power to recover the whole or any part of any charges paid by virtue of this subsection from the owner or occupier of the premises to which the supply is provided.
(5) In this section references to the provision of a supply of water to any premises otherwise than in pipes shall have effect, in a case in which it is practicable at reasonable cost to provide a supply (whether or not in pipes) to a place within a reasonable distance of those premises, as including references to the provision of a supply to that place.
(6) The duty of a water undertaker under subsection (3) above shall be enforceable under section 18 above by the Secretary of State.
(1) Subject to the following provisions of this section, where a local authority are satisfied in relation to any premises in their area which are supplied with water for domestic or food production purposes by means of a private supply—
(a) that any water which is being, has been or is likely to be supplied for those purposes to those premises by means of that private supply is not, was not or, as the case may be, is likely not to be wholesome; or
(b) that that private supply is failing, has failed or is likely to fail to provide to any house on those premises such a supply of wholesome water as (so far as that house is concerned) is sufficient for domestic purposes,
the authority may serve a notice in relation to that private supply on one or more of the relevant persons.
(2) A notice under this section in relation to a private supply of water to any premises shall–
(a) give particulars of the matters mentioned in subsection (1) above in respect of which the notice is served;
(b) specify the steps which, in the opinion of the authority serving the notice, are required to be taken for ensuring that there is a supply of water to those premises which is both wholesome and (so far as any house on those premises is concerned) sufficient for domestic purposes;
(c) specify a period, ending not less than twenty-eight days after the day on which the notice is served, within which any representations or objections with respect to the notice must be received by that authority; and
(d) state the effect in relation to that notice of section 81(2) and (3) below.
(3) Subject to sections 81 and 82 below, where a local authority serve a notice under this section on any relevant person they may do one or more of the following, that is to say—
(a) by that notice designate as steps to be taken by the authority themselves such of the steps specified in the notice as they consider it appropriate so to designate;
(b) by that notice require that person, within such reasonable period as may be specified in the notice, to take one or more of the steps so specified;
(c) by that notice require that person, at such times as may be determined in accordance with provision contained in the notice, to make to another relevant person or to that authority such payments as may be so determined in respect of expenses reasonably incurred by that other person or that authority in taking any step specified in the notice;
(d) by that notice undertake from time to time to make such payments to that person as may be so determined in respect of expenses reasonably incurred by that person in taking any step specified in the notice.
(4) The power of a local authority to serve a notice under this section specifying the steps which are required to be taken in relation to any source from which a private supply is provided both to premises in the area of that authority and to premises in the area of another local authority shall be exercisable only where—
(a) the other authority consent to the service of the notice; or
(b) the authorities act jointly in exercising their respective powers under this section in relation to that source.
(5) The powers conferred by this section and sections 81 and 82 below shall be so exercised in relation to a private supply of water to any premises where there is no house as to secure that no local authority are required to bear any of the expenses incurred (whether by the authority or by any other person) in taking any of the steps for ensuring that the supply is wholesome which are specified in a notice under this section.
(6) The steps that a relevant person may be required by a notice under this section to take in relation to any premises shall include—
(a) requiring a supply of water to be provided to those premises by a water undertaker or by any other person; and
(b) taking such steps for the purpose of securing that such a requirement is complied with, and of enabling such a supply to be so provided, as may be specified in the notice.
(7) For the purposes of this section and sections 81 to 83 below the relevant persons, in relation to a private supply of water to any premises in the area of a local authority, are—
(a) the owners and occupiers of those premises; and
(b) whether or not the source of the private supply is in that authority’s area, the owners and occupiers of the premises where that source is situated and any other person who exercises powers of management or control in relation to that source;
and in sections 81 to 83 below a notice under this section is referred to as a private supply notice.
(1) Subject to subsection (2) below, a private supply notice served by a local authority shall not take effect until the end of the period specified in the notice as the period within which representations or objections with respect to the notice must be received by that authority.
(2) Where any written representation or objection with respect to a private supply notice served by a local authority is received by the authority, before the end of the period specified in the notice, from a person on whom the notice was served, that notice shall not take effect unless—
(a) the notice is submitted by the authority to the Secretary of State and is confirmed by him either with or without modifications; or
(b) the representation or objection is withdrawn.
(3) If a local authority submit a private supply notice to the Secretary of State for confirmation, the Secretary of State—
(a) shall consider whether the notice should be confirmed and whether, if it is confirmed, it should be confirmed with or without modifications;
(b) may, with respect to the matters specified in the notice or any proposed modification of it, direct the local authority to serve a private supply notice, in such terms as may be specified in the direction, on any relevant person who has not previously been served with such a notice;
(c) may, for the purposes of paragraph (a) or (b) above cause a local inquiry to be held or afford—
(i) to the local authority; and
(ii) to every person who has made representations or objections with respect to the notice or any proposed direction under paragraph (b) above,
an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose; and
(d) if he is satisfied that the person on whom any notice to be served in pursuance of a direction under paragraph (b) above has had a proper opportunity of having his representations or objections with respect to the proposal for the direction considered, may dispense, in relation to the notice so served, with the provisions of subsections (1) and (2) above and of section 80(2)(c) and (d) above.
(4) Where the Secretary of State confirms a private supply notice (whether with or without modifications)—
(a) he, or if he so directs, the local authority concerned shall serve notice of that confirmation on every person originally served with the notice under section 80 above; and
(b) that notice shall take effect, with any modifications made by the Secretary of State, at such time as may be specified in the notice served under this subsection.
(1) Where any relevant person who is required by virtue of a private supply notice to take any step in relation to any premises fails to take that step within the period specified in the notice, the authority which served the notice may, in accordance with any applicable provision having effect by virtue of section 83 or 84 below, take that step themselves.
(2) Where any step is taken by a local authority in relation to any premises by virtue of subsection (1) above—
(a) the authority may recover from the person who failed to take that step within the specified period any expenses reasonably incurred by the authority in taking that step; and
(b) for the purposes of any requirement under which payments are required to be made to that person by any person other than the authority, sums paid by virtue of paragraph (a) above in respect of the taking of any step shall be deemed to be expenses incurred in the taking of that step by the person who failed to take it.
(3) Nothing in this Act shall confer any right of action on any person in respect of any loss or damage sustained by that person in consequence of the failure by any other person to take any step specified in a private supply notice.
(4) Any sum required to be paid to any person by virtue of any requirement or undertaking contained in a private supply notice shall be recoverable by that person from the person who is required to pay it.
(5) Any requirement which—
(a) is imposed by virtue of a private supply notice on the owner or occupier of any premises; and
(b) is expressed to bind those premises in relation to the owners or occupiers from time to time,
shall bind successive owners or, as the case may be, occupiers of those premises and shall be a local land charge.
(6) Subject to subsection (7) below, a local authority may by notice served on any person modify or revoke the effect in relation to that person of any private supply notice or notice under this subsection (including a notice which has been confirmed, with or without modifications, by the Secretary of State).
(7) Sections 80(2)(c) and (d) and 81 above shall apply, as they apply in relation to a private supply notice, in relation to any notice served by a local authority on any person under subsection (6) above except where the notice—
(a) extends the period within which any step is required to be taken by that person; or
(b) discharges, postpones or abates any obligation of that person to make a payment to the local authority.
(1) For the purposes of the taking of any steps falling to be taken by a local authority by virtue of a designation under subsection (3)(a) of section 80 above the provisions of Part VI of this Act shall have effect—
(a) as if the relevant works powers, so far as conferred on a water undertaker for the purpose of carrying out its functions, were also conferred on a local authority for the purpose of ensuring that a supply of water provided by means of a private supply to any premises in the authority’s area is both wholesome and (so far as any house on those premises is concerned) sufficient for domestic purposes;
(b) as if any such power, so far as it is conferred on a water undertaker in relation to things belonging to or operated or used by the undertaker for the purposes of its functions, were conferred by virtue of paragraph (a) above on a local authority in relation to things belonging to or operated or used by that authority, or a relevant person, in connection with the provision of water by means of a private supply;
(c) as if references to a water undertaker in any provision of Part VI of this Act relating to a relevant works power, except the references in sections 181 and 182 below, included references to a local authority; and
(d) as if the making by any person in pursuance of a private supply notice of any payment in respect of sums incurred in the laying of any pipe entitled that person, for the purposes of section 179(1) below, to an interest in the pipe.
(2) Where by virtue of this Act a local authority have power under Part VII of the [1972 c. 70.] Local Government Act 1972 (miscellaneous powers of a local authority) to acquire (whether compulsorily or otherwise) any land or right over land for the purpose of ensuring that private supplies of water to premises in their area are both wholesome and (so far as houses on those premises are concerned) sufficient for domestic purposes, that power shall include power to acquire land or any interest or right in or over land in order, for that purpose, to dispose of the land or the interest or right to a person who is a relevant person in relation to such a private supply.
(3) In this section “relevant works powers” means the powers conferred on water undertakers by sections 158, 159, 161, 163 and 165 below.
(1) Any person designated for the purpose by a local authority within whose area any waterworks are situated shall, on producing some duly authenticated document showing his authority, have a right at all reasonable hours to enter any premises for the purpose of ascertaining whether there is or has been any contravention of section 72 above in relation to those waterworks.
(2) Any person designated in writing for the purpose by a local authority may—
(a) enter any premises for the purpose of—
(i) ascertaining whether any provision contained in or made or having effect under this Act with respect to any water fittings, or with respect to the waste or misuse of water, is being or has been contravened;
(ii) determining whether, and if so in what manner, any power or duty conferred or imposed on any person by regulations under section 74 above should be exercised or performed; or
(iii) exercising any such power or performing any such duty;
or
(b) carry out such inspections, measurements and tests on premises entered by that person or on water fittings or other articles found on any such premises, and take away such samples of water or of any land and such water fittings and other articles, as that person has been authorised to carry out or take away in accordance with regulations under that section.
(3) Any person designated in writing for the purpose by any local authority may—
(a) enter any premises for the purpose, in relation to any private supply, of—
(i) determining whether, and if so in what manner, any power or duty conferred or imposed on that authority by or under any of sections 77 to 82 above should be exercised or performed; or
(ii) exercising any such power or performing any such duty;
(b) enter any premises to which a supply of water is provided by a water undertaker for the purpose, in relation to a supply so provided of—
(i) determining whether, and if so in what manner, any such power should be exercised or any such duty performed; or
(ii) exercising any such power or performing any such duty;
or
(c) carry out such inspections, measurements and tests on premises entered by that person or of articles found on any such premises, and take away such samples of water or of any land or articles, as the local authority—
(i) consider appropriate for the purposes of any such power or duty; and
(ii) have authorised that person to carry out or take away.
(4) Part I of Schedule 6 to this Act shall apply to the right of entry conferred by subsection (1) above; but nothing in that subsection or in that Part of that Schedule shall entitle any person designated for the purposes of that subsection by a local authority to have access to any waterworks belonging to a water undertaker.
(5) Part II of Schedule 6 to this Act shall apply to the rights and powers conferred by subsections (2) and (3) above.
(6) In subsection (1) above the reference to a local authority includes a reference to a county council and to the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple; and any expenses incurred by the Common Council of the City of London in the exercise of their functions under that subsection shall be defrayed as part of their general expenses.
(7) In this section “waterworks” has the same meaning as in section 72 above.
(1) Subject to subsection (2) below, a local authority may serve on any person a notice requiring him to furnish that authority, within a period or at times specified in the notice and in a form and manner so specified, with such information as is reasonably required by that authority for the purpose of exercising or performing any power or duty conferred or imposed on that authority by or under any of sections 77 to 82 above.
(2) The Secretary of State may by regulations make provision for restricting the information which may be required under subsection (1) above and for determining the form in which the information is to be so required.
(3) A person who fails without reasonable excuse to comply with the requirements of a notice served on him under subsection (1) above shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.
(1) The Secretary of State may for the purposes of this section appoint persons to act on his behalf as technical assessors in relation to some or all of—
(a) the powers and duties conferred or imposed on him by or under sections 67 to 70 and 77 to 82 above; and
(b) such other powers and duties in relation to the quality and sufficiency of water supplied by a water undertaker as are conferred or imposed on him by or under any other enactments.
(2) A person appointed under this section shall—
(a) carry out such investigations as the Secretary of State may require him to carry out for the purpose of—
(i) ascertaining whether any duty or other requirement imposed on that undertaker by or under any of sections 68 to 70 or section 79 above is being, has been or is likely to be contravened; or
(ii) advising the Secretary of State as to whether, and if so in what manner, any of the powers of the Secretary of State in relation to such a contravention, or any of the powers (including the powers to make regulations) which are conferred on him by or under any of sections 67 to 70 and 77 to 82 above should be exercised;
and
(b) make such reports to the Secretary of State with respect to any such investigation as the Secretary of State may require.
(3) Without prejudice to the powers conferred by subsection (4) below, it shall be the duty of a water undertaker—
(a) to give a person appointed under this section all such assistance; and
(b) to provide a person so appointed with all such information,
as that person may reasonably require for the purpose of carrying out any such investigation as is mentioned in subsection (2) above.
(4) Any person appointed under this section who is designated in writing for the purpose by the Secretary of State may—
(a) enter any premises for the purpose of carrying out any such investigation as is mentioned in subsection (2) above;
(b) carry out such inspections, measurements and tests on premises entered by that person or of articles or records found on any such premises, and take away such samples of water or of any land or articles, as that person considers appropriate for the purpose of enabling him to carry out any such investigation; or
(c) at any reasonable time require any water undertaker to supply him with copies of, or of extracts from, the contents of any records kept for the purpose of complying with any duty or other requirement imposed on that undertaker by or under any of sections 68 to 70 or section 79 above.
(5) Part II of Schedule 6 to this Act shall apply to the rights and powers conferred by subsection (4) above.
(6) Any water undertaker which fails to comply with the duty imposed on it by virtue of subsection (3) above shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.
(1) Where a District Health Authority have applied in writing to a water undertaker for the water supplied within an area specified in the application to be fluoridated, that undertaker may, while the application remains in force, increase the fluoride content of the water supplied by the undertaker within that area.
(2) For the purposes of subsection (1) above an application under this section shall remain in force until the Health Authority, after giving reasonable notice to the water undertaker, withdraw it.
(3) The area specified in an application under this section may be the whole, or any part of, the district of the authority making the application.
(4) Where in exercise of the power conferred by this section, the fluoride content of any water is increased, the increase may be effected only by the addition of one or more of the following compounds of fluorine, that is to say—
hexafluorosilicic acid (H2SiF6);
disodium hexafluorosilicate (Na2SiF6).
(5) Any District Health Authority making arrangements with a water undertaker in pursuance of an application under this section shall ensure that those arrangements include provisions designed to secure that the concentration of fluoride in the water supplied to consumers in the area in question is, so far as reasonably practicable, maintained at one milligram per litre.
(6) Water to which fluoride has been added by a water undertaker in exercise of the power conferred by this section (with a view to its supply in any area) may be supplied by that or any other undertaker to consumers in any other area if the undertaker or undertakers concerned consider that it is necessary to do so—
(a) for the purpose of dealing with any serious deficiency in supply; or
(b) in connection with the carrying out of any works (including cleaning and maintenance) by the undertaker concerned or, as the case may be, by any of the undertakers concerned.
(7) In subsection (6) above—
(a) the reference to water to which fluoride has been added by a water undertaker in exercise of the power conferred by this section includes a reference to water to which fluoride has been added by a water authority (within the meaning of the [1980 c. 45.] Water (Scotland) Act 1980) in exercise of the power conferred by section 1 of the [1985 c. 63.] Water (Fluoridation) Act 1985; and
(b) in relation to a supply of such water by a water undertaker, the reference to the water undertakers concerned shall have effect as references to the water undertaker and the water authority concerned.
(8) In this section “serious deficiency in supply” means any existing or threatened serious deficiency in the supply of water (whether in quantity or quality) caused by an exceptional lack of rain or by any accident or unforeseen circumstances.
(9) In this section and the following provisions of this Chapter references to a District Health Authority are references to any such authority within the meaning of the [1977 c. 49.] National Health Service Act 1977.
(1) The Secretary of State may by order amend section 87(4) above by—
(a) adding a reference to another compound of fluorine; or
(b) removing any reference to a compound of fluorine.
(2) The power of the Secretary of State to make orders under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
(1) This section applies where a District Health Authority propose to make or withdraw an application under section 87 above.
(2) At least three months before implementing their proposal the District Health Authority shall—
(a) publish details of the proposal in one or more newspapers circulating within the area affected by the proposal; and
(b) give notice of the proposal to every local authority whose area falls wholly or partly within that area.
(3) Before implementing the proposal the District Health Authority shall consult each of the local authorities to which they are required, by virtue of subsection (2)(b) above, to give notice of the proposal.
(4) The District Health Authority shall, not earlier than seven days after publishing details of the proposal in the manner required by subsection (2)(a) above, republish them in that manner.
(5) Where a District Health Authority have complied with this section in relation to the proposal they shall, in determining whether or not to proceed, have such regard as they consider appropriate—
(a) to any representations which have been made to them with respect to it; and
(b) to any consultations under subsection (3) above.
(6) The Secretary of State may direct that this section shall not apply in relation to any proposal of a District Health Authority to withdraw an application under section 87 above.
(7) Where, at any meeting of a District Health Authority, consideration is given to the question whether the authority should make or withdraw an application under section 87 above, section 1(2) of the [1960 c. 67.] Public Bodies (Admission to Meetings) Act 1960 (which allows the exclusion of the public in certain circumstances) shall not apply to any proceedings on that question.
(8) In this section “local authority” includes a county council.
Water Industry Act 1991