(a) whose area is situated wholly in Wales; or

(b) whose area is situated partly in England and partly in Wales, as regards the part situated in Wales.

(a) for such domestic purposes as consist in or include, cooking, drinking, food preparation or washing; or

(b) to premises in which food is produced,

shall, subject to paragraphs (4) and (5), be regarded as wholesome for the purposes of Chapter III, as it applies to the supply of water for those domestic purposes, if the requirements of paragraph (2) are satisfied.

    (2) The requirements of this paragraph are - 

(a) that the water does not contain - 


(i) any micro-organism (other than a parameter listed in Schedule 1) or parasite; or

(ii) any substance (other than a parameter listed in Schedule 1),



at a concentration or value which would constitute a potential danger to human health;

(b) that the water does not contain any substance (whether or not a parameter) at a concentration or value which, in conjunction with any other substance it contains (whether or not a parameter) would constitute a potential danger to human health;

(c) that the water does not contain concentrations or values of the parameters listed in Tables A and B in Schedule 1 in excess of or, as the case may be, less than, the prescribed concentrations or values;

(d) that the water satisfies the formula [nitrate]/50 + [nitrite]/3 ≤ 1, where the square brackets signify the concentrations in mg/l for nitrate (NO₃) and nitrite (NO₂).

    (3) The point at which the requirements of paragraph (2), in so far as they relate to the parameters set out in Part I of Table A and in Table B in Schedule 1 are to be complied with is - 

(a) in the case of water supplied from a tanker, the point at which the water emerges from the tanker;

(b) in any other case, the consumer's tap.

    (4) Water supplied for regulation 4(1) purposes shall not be regarded as wholesome for the purposes of Chapter III if, on transfer from a treatment works for supply for those purposes - 

(a) it contains a concentration of the coliform bacteria or E. coli parameter (items 1 and 2 in Part II of Table A in Schedule 1) in excess of the prescribed concentrations; or

(b) it contains a concentration of nitrite in excess of 0.1mg NO₂/l .

    (5) Subject to paragraph (6), water supplied for regulation 4(1) purposes shall not be regarded as wholesome for the purposes of Chapter III if, on transfer from a service reservoir for supply for those purposes, it contains a concentration of the coliform bacteria or E.coli parameter in excess of the prescribed concentrations.

    (6) Water transferred from a service reservoir for supply for regulation 4(1) purposes shall not be regarded as unwholesome for the purposes of Chapter III because the maximum concentration for the coliform bacteria parameter is exceeded if, as regards the samples taken in any year in which the reservoir in question is in use, the results of analysis for that parameter establish that in at least 95 per cent of those samples coliforms were absent.

(a) as regards the parameters listed in Tables A and B in Schedule 1, whether water supplied for regulation 4(1) purposes satisfies the provisions of Part III of these Regulations or, if a departure has been authorised under Part VI in relation to that supply, those provisions as read with the terms of that departure; and

(b) as regards indicator parameters, whether water supplied for regulation 4(1) purposes meets the specifications for those parameters.

    (2) In this Part, "check monitoring" means monitoring for the purpose of obtaining information at regular intervals - 

(a) as to the organoleptic and microbiological quality of water; and

(b) where relevant, as to the effectiveness of drinking-water treatment (particularly of disinfection),

for the purpose of determining - 

(i) as regards the parameters listed in Tables A and B in Schedule 1, whether water supplied for regulation 4(1) purposes satisfies the provisions of Part III of these Regulations or, if a departure has been authorised under Part VI in relation to that supply, those provisions as read with the terms of that departure; and

(ii) as regards indicator parameters, whether water supplied for regulation 4(1) purposes meets the specifications for those parameters.

(a) for determining the concentration of residual disinfectant;

(b) for determining whether, in relation to the colony counts and turbidity parameters, water leaving treatment works meets the specifications for those parameters set out in Schedule 2; and

(c) for testing for compliance with the prescribed concentrations or values in respect of the coliform bacteria, E. coli, and nitrite parameters for water leaving treatment works.

    (2) Where in each of two successive years the results of the analysis of samples taken, subject to paragraph (3), in accordance with these Regulations have established - 

(a) in respect of the coliform bacteria, E. coli or nitrite parameter, that the maximum concentration has not been exceeded;

(b) in respect of the turbidity parameter, that the specification has been met;

(c) in respect of the colony counts parameter, that there has been no significant increase,

the number of samples to be taken in respect of that parameter in the next following year from the point at which water leaves that treatment works may, subject to paragraph (4), be the reduced number.

    (3) Paragraph (2) shall apply - 

(a) where the following year is 2004, as if for "these Regulations" there were substituted "the 1989 Regulations"; and

(b) where the following year is 2005, as if before "these Regulations" there were inserted "the 1989 Regulations and".

    (4) In respect of the coliform bacteria parameter and the E. coli parameter, the reduced number of samples may be taken in accordance with paragraph (2) only if the water undertaker is of the opinion - 

(a) that there is no foreseeable risk that the supply will exceed the maximum concentration for that parameter; or

(b) that the treatment works is designed to secure that, in the event of a failure of the disinfection process, water that has not been disinfected cannot enter the supply.

(a) fails, or is likely to fail, to satisfy a requirement of paragraph (2) of regulation 4; or

(b) is to be regarded as unwholesome by virtue of paragraph (4) of that regulation; or

(c) if paragraph (6) of that regulation were ignored, would be regarded as unwholesome by virtue of paragraph (5) of that regulation,

the water undertaker shall immediately take such steps as are necessary to identify the matters specified in paragraph (2) below.

    (2) The matters referred to in paragraph (1) are - 

(a) the cause and extent of the failure or, as the case may be, the apprehended failure;

(b) the Schedule 1 parameters in respect of which the prescribed concentration or value has not been, or is unlikely to be, achieved; and

(c) in relation to each parameter so identified, whether the failure, or apprehended failure, to achieve the prescribed concentration or value is attributable - 


(i) to the domestic distribution system;

(ii) to the maintenance of that system; or

(iii) to neither of those matters.

    (3) Where a departure has been authorised under Part VI - 

(a) paragraph (1) shall apply only in respect of the Schedule 1 parameters (if any) that are not specified in the authorisation; and

(b) a water undertaker which has reason to believe that water supplied by it for regulation 4(1) purposes fails, or is likely to fail, to satisfy the concentration or value required by the authorisation in relation to any Schedule 1 parameter, shall immediately take such steps as are necessary to identify the matters specified in paragraph (4).

    (4) The matters referred to in paragraph (3) are - 

(a) the cause and extent of the failure or, as the case may be, the apprehended failure;

(b) the Schedule 1 parameters in respect of which the required concentration or value has not been, or is unlikely to be, achieved; and

(c) in relation to each parameter so identified, whether the failure, or apprehended failure, to achieve that concentration or value is attributable - 


(i) to the domestic distribution system;

(ii) to the maintenance of that system; or

(iii) to neither of those matters.

    (5) As soon as may be after the matters specified in paragraph (2) or (4), as the case may be, have been identified, the water undertaker shall notify the National Assembly for Wales - 

(a) of those matters;

(b) in relation to each parameter identified in accordance with paragraph (2)(b) or (4)(b), whether it is the opinion of the water undertaker that a failure in respect of that parameter is likely to recur; and

(c) of the action (if any) taken by the water undertaker in relation to a failure which is attributable to the domestic distribution system or the maintenance of that system.

    (6) Where the water undertaker has identified a failure attributable to the domestic distribution system or to the maintenance of that system, it shall, at the same time as notification is given under paragraph (5) - 

(a) by notice in writing to those of its consumers - 


(i) to whom it supplies water for regulation 4(1) purposes; and

(ii) who are likely to be affected by the failure,



inform them of the nature of the failure and provide details of the steps (if any) that, in the opinion of the water undertaker, it is necessary or desirable for those consumers to take in the interests of their health; and

(b) send a copy of that notice to the National Assembly for Wales and to each appropriate local authority.

"regulation 29 requirements" means the requirements of paragraphs (2) and (4) of regulation 29;

"risk assessment", in relation to a treatment works, means an assessment for that treatment works, to establish whether there is, or continues to be, a significant risk from cryptosporidium oocysts in water supplied from the works;

"significant risk from cryptosporidium", in relation to water supplied from a treatment works, means a significant risk that the average number of cryptosporidium oocysts per 10 litres of water supplied from the works for regulation 4(1) purposes, if sampled and analysed in accordance with regulation 29(5) to (15), would at any time be one or more; and

"surface water" does not include water from a spring.

(a) the name of the zone;

(b) the name of every water treatment works, service reservoir and other supply point from which water is supplied to premises within the zone;

(c) an estimate of the population of the zone;

(d) particulars of any departure authorised under Part VI of these Regulations which applies to water supplied in the zone;

(e) particulars of the action taken or required to be taken by the water undertaker to comply with - 


(i) any enforcement order made under section 18 of the Act;

(ii) any departure authorised under Part VI; and

(iii) any notice under regulation 19(4);



(f) particulars of the result of any analysis of samples taken in accordance with Part IV of these Regulations or any of regulations 12 to 14 and 29; and

(g) such other particulars as the water undertaker may determine.

    (2) A water undertaker shall make - 

(a) initial entries in the record in respect of the matters mentioned in paragraph (1) (a) to (d) and (e)(ii) before 1st March 2004;

(b) entries in respect of the matters mentioned in paragraph (1)(e)(i) and (iii) within 28 days of the date of the order and notice respectively; and

(c) entries relating to the results of the analysis of samples within 28 days of the day on which the result is first known to the water undertaker.

    (3) Without prejudice to paragraph (2), the water undertaker shall at least once in each year review and bring up to date the record required to be kept by paragraph (1).

    (4) Nothing in this regulation shall require a water undertaker to retain a record - 

(a) of information mentioned in any of sub-paragraphs (a), (b) and (f) of paragraph (1) at any time more than 30 years after the date on which the information was first entered in the record;

(b) of information mentioned in any other sub-paragraph of that paragraph at any time more than five years after the date on which the information was first entered in the record.

(a) shall make such arrangements with the relevant water undertaker as will secure that the authority is notified as mentioned in regulation 35(8); and

(b) may take, or cause to be taken, and analyse, or cause to be analysed, by a person designated by them in writing, such samples of the water supplied to premises in their area as they may reasonably require.

    (2) Regulation 16 shall apply to samples taken by virtue of paragraph (1) as it applies to samples taken for the purposes of Parts IV and V of these Regulations; but with the following modifications - 

(a) in paragraph (1), for the words "A water undertaker" there shall be substituted the words "A local authority"; and

(b) in paragraph (2)(e), after the words "the undertaker" there shall be inserted the words "or the authority".

(a) that on the coming into force of Part III of these Regulations, the supply of water for those purposes fully satisfies the requirements of that Part; and

(b) that on and after 25th December 2013, the supply of water for those purposes will fully satisfy the revised requirements of that Part in relation to the lead parameter (item 15 in Table B),

and that, accordingly, section 68 (duties of water undertakers with respect to water quality) of the Act is complied with.

    (2) Programmes of work shall be drawn up in accordance with the provisions of Schedule 6.

    (3) The National Assembly for Wales may approve a programme of work with or without modification.

    (4) If a water undertaker - 

(a) fails to draw up a programme of work; or

(b) draws up such a programme otherwise than in accordance with Schedule 6; or

(c) draws up such a programme that is unsatisfactory in any other respect,

the National Assembly for Wales may draw up a programme of work and any such programme shall be treated for the purposes of paragraphs (5) and (6) as a programme of work drawn up by the water undertaker and approved by the National Assembly for Wales.

    (5) Whenever it comes to the attention of a water undertaker that the steps to be taken in accordance with a programme of work submitted to, or approved by, the National Assembly for Wales, or treated as so approved, are insufficient to secure that the requirements of paragraph (1)(a) and (b) are met, it shall notify the National Assembly for Wales of the additional steps to be taken to secure that those requirements are met.

    (6) The National Assembly for Wales may at any time, and whether or not on the application of a water undertaker, modify any programme of work where it is of the opinion that such modification is required to secure that the requirements of paragraph (1)(a) and (b) are met.

    (7) It shall be the duty of each water undertaker - 

(a) to take the steps for the time being specified in the programme of work approved or treated as approved in relation to its area of supply;

(b) to take those steps in accordance with the timetable so specified; and

(c) to submit reports to the National Assembly for Wales at the times or within the periods specified.

(i) The parametric value refers to the residual monomer concentration in the water as calculated according to specifications of the maximum release from the corresponding polymer in contact with the water. This is controlled by product specification.

(ii) See also regulation 6(6).

(iii) See also regulation 4(2)(d).

(iv) See the definition of "pesticides and related products" in regulation 2.

(v) The parametric value applies to each individual pesticide.

(vi) "Pesticides: Total" means the sum of the concentrations of the individual pesticides detected and quantified in the monitoring procedure.

(vii) The specified compounds are:

     - benzo(b)fluoranthene

     - benzo(k)fluoranthene

     - benzo(ghi)perylene

     - indeno(1,2,3-cd)pyrene.

The parametric value applies to the sum of the concentrations of the individual compounds detected and quantified in the monitoring process.

(viii) The parametric value applies to the sum of the concentrations of the individual compounds detected and quantified in the monitoring process.

(xi) The specified compounds are:

     - chloroform

     - bromoform

     - dibromochloromethane

     - bromodichloromethane.

The parametric value applies to the sum of the concentrations of the individual compounds detected and quantified in the monitoring process.

Part II: National requirements

Item	Parameters	Concentration or Value (maximum unless otherwise stated)	Units of Measurement	Point of compliance
1.	Aluminium	200	µgAl/l	Consumers' taps
2.	Colour	20	mg/l Pt/Co	Consumers' taps
3.	Hydrogen ion	10.0	pH value	Consumers' taps
		6.5 (minimum)	pH value	Consumers' taps
4.	Iron	200	µgFe/l	Consumers' taps
5.	Manganese	50	µgMn/l	Consumers' taps
6.	Odour	3 at 25°C	Dilution number	Consumers' taps
7.	Sodium	200	mgNa/l	Consumers' taps
8.	Taste	3 at 25°C	Dilution number	Consumers' taps
9.	Tetrachlorome-thane	3	µg/l	Consumers' taps
10.	Turbidity	4	NTU	Consumers' taps

(i) The water should not be aggressive.

(ii) Excluding tritium, potassium-40, radon and radon decay products.

*May be monitored from samples of water leaving treatment works or other supply point, as no significant change during distribution.

(i) Where the population is not an exact multiple of 5,000, the population figure should be rounded up to the nearest multiple of 5,000.

(ii) Check monitoring in water supply zones is required only where chloramination is practised. In other circumstances audit monitoring is required.

(iii) Audit monitoring in water supply zones is required only where sodium hypochlorite is added after water has left the treatment works. In other circumstances, audit monitoring is required at supply points.

(iv) To monitor for total indicative dose (for radioactivity).

(i) Check monitoring is required only in respect of surface waters (see regulation 6(2) and Table 1 in Schedule 3).

(ii) Sampling at treatment works when chloramination is practised.

(iii) Sampling at treatment works when chloramination is not practised.

(iv) Audit monitoring at supply points is required only where sodium hypochlorite is not added after water has left the treatment works. In other circumstances, audit monitoring is required in water supply zones.

(v) To monitor for total indicative dose (for radioactivity).

(i) The method of analysis should determine total cyanide in all forms.

(ii) The performance characteristics apply to each individual pesticide and will depend on the pesticide concerned.

(iii) The performance characteristics apply to the individual substances specified at 25% of the parametric value in Part I of Table B in Schedule 1.

(iv) The performance characteristics apply to the individual substances specified at 50% of the parametric value in Part I of Table B in Schedule 1.

(v) The performance characteristics apply to the prescribed value of 4NTU.

(vi) The performance characteristics apply to the specification of 1NTU for water leaving treatment works.

(a) after regulation 13, the insertion of the following regulation - 

" Frequency of sampling for particular organisms and substances
     13A.

    (1) Subject to paragraphs (5) and (6), in each of the years 2002 and 2003, a water undertaker shall take, or cause to be taken, from its sampling points or, as the case may be, its supply points, for analysis for testing against the concentrations and values specified in column (2) of Table 4A for the organisms and substances listed in column (1) of that Table, not less than the number of samples specified in paragraphs (2) and (3).

    (2) In respect of supply points and the supply of a volume of water within a range shown in column (3) of that Table, the number is that shown in column (4) of that Table with the prefix "S" as applicable to a volume within that range.

    (3) In respect of sampling points and the supply of water to an estimated population within a range shown in column (5) of that Table, the number is that shown in column (6) of that Table with the prefix "S" as applicable to a population within that range.

    (4) In each of those years samples shall be taken at regular intervals throughout the year.

    (5) Where - 


(a) a programme of work has been approved or is treated as approved under regulation 41 (transitional provision: programmes of work) of the Water Supply (Water Quality) Regulations 2001; or has otherwise been agreed by the National Assembly for Wales; and

(b) at least one of the steps required to be taken in accordance with that programme - 


(i) relates to an organism or substance listed in column (1) of Table 4A; and

(ii) remains to be completed,



the number of samples to be taken in any period of twelve months beginning with the date on which the programe was approved, treated as approved, or agreed (as the case may be) and ending on the day on which the last of those steps is completed, for analysis for testing for that organism or substance, may be the number shown in column (4) or, as the case may be, column (6) of that Table with the prefix "R".



    (6) Where analysis of the samples taken by a water undertaker in 2002 in accordance with this regulation has established a concentration or value in respect of an organism or substance listed in column (1) of Table 4A that is significantly lower than the prescribed concentration or value, the number of samples to be taken in 2003, for analysis for testing for that organism or substance, may be the number shown in column (4) or, as the case may be, column (6) of that Table with the prefix "R".";

(b) after regulation 20, the insertion of the following regulation - 

" Additional testing for particular parameters
     20A. The samples taken in accordance with regulation 13 shall additionally be tested against the concentrations and values specified in column (2) of Table 4B.";

(c) in regulation 21 (collection and analysis of samples) - 


(i) in paragraph (2), the insertion, after "means", of "subject to paragraph (3)"; and

(ii) the addition, at the end, of the following - 

    " (3) In relation to each of the parameters and other substances listed in column (1) of Table 4B, paragraph (2)(d) shall have effect as if for sub-paragraph (iii) there were substituted the requirements of regulation 21A."

(d) after regulation 21, the insertion of the following regulation - 

" Method of analysis of samples for particular parameters, and substances
     21A.  - (1) The method of analysis used for testing for a parameter or other substance listed in column (1) of Table 4B against the concentrations in column (2) of that Table must be capable, at the time of use - 


(a) of measuring concentrations with the trueness and precision specified in relation to that parameter or substance in columns (3) and (4) of Table 4B; and

(b) of detecting the parameter or substance at the limit of detection specified in relation to it in column (5) of that Table.



    (2) For the purposes of paragraph (1) - 



"limit of detection" is to be calculated as - 
(a) three times the relative within batch standard deviation of a natural sample containing a low concentration of the parameter or substance; or

(b) five times the relative within batch standard deviation of a blank sample;


"precision" (the random error) is the standard deviation (within a batch and between batches) of the spread of results about the mean; and
"trueness" (the systematic error) is the difference between the mean value of a large number of repeated measurements and the true value.";

(e) in regulation 29, in paragraph (1)(f) - 


(i) after the words "Part IV of these Regulations", the insertion of ", other than regulation 13A,"; and

(ii) by the insertion, at the end, of "or regulation 29 of the Water Supply (Water Quality) Regulations 2001"; and



(f) the insertion, after Table 4 in Schedule 3, of the following Tables - 

" TABLE 4A
SAMPLING FOR PARTICULAR ORGANISMS AND SUBSTANCES


(1)	(2)	(3)	(4)	(5)	(6)
Organism or substance	Concentration or value and unit of measurement	Volume of water supplied m3/d	Annual sampling frequency	Estimated population of water supply zone	Annual sampling frequency
Benzene	1.0µg/l
Bromate	1.0µgBrO3/l
		≤999	S2 or R1	≤4,999	S2 or R1
Clostridium perfringens* (Including spores)	0	1,000 - 49,999	S4 or R1	5,000 - 50,000	S4 or R1
		≤50,000
	Number/ 100ml		S8 or R2
1,2 dichloroethane	3.0 µg/l
Enterococci	0 Number/100ml
Nitrite	0.10 mgNO2/l


*where the water originates from, or is influenced by, surface waters



TABLE 4B
PARAMETERS AND SUBSTANCES IN RELATION TO WHICH, SUBJECT TO REGULATION 21A, METHODS OF ANALYSIS MUST SATISFY PRESCRIBED CHARACTERISTICS


(1)	(2)	(3)	(4)	(5)
Parameter or other substance	Concentration and unit of measurement	Trueness % of concentration	Precision % of concentration	Limit of detection % of concentration
Antimony	5.0 µgSb/l	25	25	25
Arsenic	10 µgAs/l	10	10	10
Benzene	1.0 µg/l	25	25	25
Boron	1.0 mgB/l	10	10	10
Bromate	10 µBrO3/l	25	25	25
Copper	2.0 mgCu/l	10	10	10
1,2 dichloroethane	3.0 µg/l	25	25	10
Lead	25 µgPb/l	10	10	10
Nickel	20 µgNi/l	10	10	10
Nitrite (ex works)	0.1 gNO2/l	10	10	10
Tetrachloroethene*) Trichloroethene* )	10 µg/l	25	25	10


*Trueness, precision and limit of detection apply to the individual substances specified at 50% of the concentration in column (2).".

(a) identify, by reference to the parameters set out in the Table below, those parameters in respect of which the requirements of regulation 41(1)(a) and (b) are unlikely to be satisfied unless steps are taken to secure that those requirements will be met;

(b) identify whether the requirement that the formula [nitrate]/50 + [nitrite]/3 ≤1, where the square brackets signify the concentrations in mg/1 for nitrate (NO₃) and nitrite (NO₂), is unlikely to be satisfied;

(c) specify the steps that the water undertaker intends to take for the purpose of securing that the requirements of regulation 41(1)(a) and (b) are met;

(d) specify the date by which each of the steps specified in accordance with paragraph (c) is proposed to be completed; and

(e) specify the times at which, or the periods within which, reports will be made to the National Assembly for Wales in relation to the taking and completion of the steps specified in accordance with paragraph (c).