Regulation 6 Requirement to carry out a risk assessmentI1

England and Wales

(1)

A local authority^f1 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 or as part of a domestic tenancy.

(3)

In the case of a supply provided to a single dwelling not falling within paragraph (2), a local authority must carry out a risk assessment if requested to do so by the owner or occupier of that dwelling.

(4)

A risk assessment must—

(a)

establish whether there is a significant risk of supplying water that would constitute a potential danger to human health;

(b)

satisfy the requirements of the Security of Drinking Water Supply Guidelines for Risk and Crisis Management^f2; and

(c)

take into account the results from the monitoring programmes established by the second paragraph of Article 7(1) F1and Article 8 of Directive 2000/60/EC of the European Parliament and of the Council^f3.

(5)

A local authority must within 12 months of having carried out a risk assessment provide the Welsh Ministers with a summary of the results of that assessment.

F2(6)

For the purposes of paragraph (4)(c), a reference to Articles 7(1) and 8 of Directive 2000/60/EC is to be read with the following modifications—

(a)

as if any reference to Annex 5 of 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: Words in reg. 6(4)(c) inserted (28.3.2019) by The Rural Affairs, Environment, Fisheries and Food (Miscellaneous Amendments and Revocations) (Wales) Regulations 2019 (S.I. 2019/463), regs. 1(3), 29(2)
F2: Reg. 6(6) inserted (31.12.2020) by The Flood and Water (Amendments) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/460), regs. 1(1), 6(3); 2020 c. 1, Sch. 5 para. 1(1)

Commencement

I1: Reg. 6 in force at 20.11.2017, see reg. 1

Footnotes

f1: See section 219 of the Act (as amended by paragraph 2(2) of Schedule 11 to the Local Government (Wales) Act 1994 (c. 19)) for the meaning of “local authority”.
f2: EN 15975-2.
f3: OJ No. L 327, 22.12.2000, p. 1, as last amended by Commission Directive 2014/101/EU (OJ No. L 311, 31.10.2014, p. 32).