Regulation 6 Requirement to carry out a risk assessment

United Kingdom

(1)

Subject to paragraphs (2) and (3), a local authority must carry out a risk assessment for every private water supply in its area and review and update that risk assessment every 5 years (or earlier if it considers that the existing risk assessment is inadequate).

(2)

In the case of a supply provided to a single dwelling, the duty in paragraph (1) applies only where that supply is provided as part of a commercial or public activity.

(3)

In the case of any other supply provided to a single dwelling, a local authority must carry out a risk assessment if requested to do so by the owner or occupier of that dwelling.

(4)

The risk assessment must establish whether there is a risk of supplying water that would constitute a potential danger to human health.

F1(5)

A risk assessment described in paragraph (1) must—

(a)

satisfy any requirements specified by the Secretary of State in respect of the conduct of such an assessment;

(b)

satisfy the requirements of European standard EN 15975-2 entitled “Security of Drinking Water Supply - Guidelines for Risk and Crisis Management – Risk Management”; and

(c)

take into account the results of monitoring conducted under the second paragraph of Article 7(1) and Article 8 of Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy.

(6)

A local authority must within 12 months beginning with the day after the day on which it carried out the risk assessment provide the Secretary of State with a summary of the results of that assessment.

F2(7)

For the purposes of paragraph (5)(c), Articles 7(1) and 8 of Directive 2000/60/EC are to be read with the following modifications—

(a)

as if any reference to Annex 5 to that Directive were a reference to that Annex as modified by Part 1 of Schedule 5 to the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017;

(b)

in Article 8, as if—

(i)

in paragraph 1, the final indent were omitted;

(ii)

in paragraph 2, the first sentence were omitted;

(iii)

paragraph 3 were omitted.

Annotations

Textual amendments

F1: Reg. 6(5)(6) inserted (11.7.2018) by The Private Water Supplies (England) (Amendment) Regulations 2018 (S.I. 2018/707), regs. 1(1), 2(3) (with reg. 3)
F2: Reg. 6(7) inserted (31.12.2020) by The Floods and Water (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/558), regs. 1(1), 19(3); 2020 c. 1, Sch. 5 para. 1(1)