Article 3B Regulations for preserving water quality

Northern Ireland

(1)

The Department may make regulations prescribing the steps required to be taken to secure compliance with Article 3A; and without prejudice to the foregoing, regulations under this paragraph may—

(a)

prescribe the steps to be taken for monitoring and recording whether the water which is supplied to premises for domestic or food production purposes is wholesome at the time of supply;

(b)

prescribe the steps to be taken for monitoring and recording the quality of the water from any source, or combination of sources, which is used or is proposed to be used for supplying water to any premises for domestic or food production purposes;

(c)

make provision for ensuring that a source which is used or proposed to be used for supplying water for domestic or food production purposes is not so used until prescribed requirements for establishing the quality of water which may be supplied from that source have been complied with;

(d)

make provision for the keeping of records of the localities within which all the premises supplied with water for domestic or food production purposes are normally supplied from the same source or combination of sources;

(e)

prescribe requirements with respect to the analysis of water samples.

(2)

Without prejudice to paragraph (1), the Department may make regulations with respect to the use in connection with the preparation of water for supply to any premises for domestic or food production purposes, of such processes and substances, and of products that contain or are made with such substances or materials, as the Department considers might affect the quality of any water; and, without prejudice to the generality of the foregoing, regulations under this paragraph may—

(a)

regulate such use of processes, substances and products;

(b)

for the purposes of provision made under sub-paragraph (a), require processes, substances and products so used to conform to such standards as may be prescribed by the regulations;

(c)

impose such other conditions as may be prescribed with respect to such use of prescribed processes, substances and products and for the modification and revocation of any such condition;

(d)

provide for the circumstances in which the Department shall consult prescribed persons for advice on such use of certain processes, substances and products;

(e)

without prejudice to Article 57(2), provide that persons contravening the regulations shall be guilty of an offence and shall be liable—

(i)

on summary conviction, to a fine not exceeding the statutory maximum; and

(ii)

on conviction on indictment, to a fine;

(f)

make provision for the recovery from a person convicted of an offence under the regulations of expenses reasonably incurred by the Department in carrying out works of repair or reinstatement necessitated by his action.

(3)

The Department may by regulations make provision for—

(a)

the publication of information about the quality of water supplied for domestic or food production purposes to any premises; and

(b)

the provision of information about the quality of water so supplied.

(4)

Regulations under paragraph (3)—

(a)

may prescribe both the information which is to be published or provided under the regulations and the manner and circumstances in which it is to be published or provided;

(b)

may authorise the provision of information to any person on payment of such charge as the Department may determine; and

(c)

may impose such other conditions on the provision of information to any person as may be prescribed.

Notes on the whole Order

Textual amendments

F1: Order repealed (1.4.2007) by Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)), arts. 1(2), 308(2), Sch. 13 (with arts. 8(8), 121(3), 307); S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)