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Section 68 Duties of water undertakers and water supply licensees with respect to water quality.F21F22

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

It shall be the duty of a water undertaker F1where its supply system is used for the purpose of supplying water to any premises for domestic or food production purposes—

(a)

F2to ensure that any water so supplied is wholesome at the time of supply; and

(b)

so far as reasonably practicable, to ensure, in relation to each source or combination of sources from which F3water is so supplied, that there is, in general, no deterioration in the quality of the water which is supplied from time to time from that source or combination of sources.

F4and this section and section 69 below apply, in relation to the duty of an undertaker, whether or not the water supplied using the undertaker’s supply system is supplied by the undertaker.

F5(1A)

It shall be the duty of a F6water supply licensee—

(a)

when supplying water to any premises for domestic or food production purposes, in accordance with F7the licensee's retail authorisation or restricted retail authorisation, to ensure that the water is wholesome at the time of supply; and

(b)

so far as reasonably practicable, to ensure, in relation to each source or combination of sources from which F8that licensee supplies water to premises for domestic or food production purposes, in accordance with F9the licensee's retail authorisation or restricted retail authorisation, that there is, in general, no deterioration in the quality of the water which is supplied from time to time from that source or combination of sources,

F10...

(2)

For the purposes of this section and section 69 below and subject to subsection (3) below, F11where a water undertaker’s supply system is used for the purpose of supplying water to any premises, any water so supplied to any premises shall not be regarded as unwholesome at the time of supply where it has ceased to be wholesome only after leaving the undertaker’s pipes.

(3)

For the purposes of F12subsection (1) above where a water undertaker’s supply system is used for the purpose of supplying water to any premises, and the water so supplied would not otherwise be regarded as unwholesome at the time of supply, that water shall be regarded as unwholesome at that time if—

(a)

it has ceased to be wholesome after leaving the undertaker’s pipes but while in a pipe which is subject to water pressure from a water main or which would be so subject but for the closing of some valve; and

(b)

it has so ceased in consequence of the failure of the undertaker, before F13the water is supplied, to ensure that such steps are taken as may be prescribed for the purpose of securing the elimination, or reduction to a minimum, of any prescribed risk that the water would cease to be wholesome after leaving the undertaker’s pipes.

F14(3A)

For the purposes of subsection (1A) above where water supplied by a F15water supply licensee to any premises would not otherwise be regarded as unwholesome at the time of supply, that water shall be regarded as unwholesome at that time if—

(a)

it has ceased to be wholesome after leaving the relevant pipes but while in a pipe which is subject to water pressure from a water main or which would be so subject but for the closing of some valve; and

(b)

it has so ceased in consequence of the failure of F16the licensee, before supplying the water, to ensure that such steps are taken as may be prescribed for the purpose of securing the elimination, or reduction to a minimum, of any prescribed risk that the water would cease to be wholesome after leaving the relevant pipes.

(3B)

In subsection (3A) above “relevant pipes” means the pipes of the water undertaker whose supply system is used for the purpose of the supply made by the F17water supply licensee.

(4)

The provisions of this section shall apply in relation to water which is supplied by a water undertaker whether or not the water is water which the undertaker is required to supply by virtue of any provision of this Act.

(5)

The duties of a water undertaker F18and F19water supply licensee under this section shall be enforceable under section 18 above by the Secretary of State.

F20(6)

References in this section to a retail authorisation or a restricted retail authorisation are to be construed in accordance with Schedule 2A.

(7)

In this section “prescribed” means—

(a)

in relation to a water undertaker whose area is wholly or mainly in Wales, and

(b)

in relation to a water supply licensee so far as relating to licensed activities using the supply system of such a water undertaker,

prescribed by regulations made by the Welsh Ministers by statutory instrument, which is subject to annulment in pursuance of a resolution of the Assembly.

Annotations

Textual amendments

F1

Words in s. 68(1) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 18(2)(a); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)

F2

Words in s. 68(1)(a) substituted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 18(2)(b); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)

F3

Words in s. 68(1)(b) substituted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 18(2)(c); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)

F4

Words in s. 68(1) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 18(2)(d); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)

F5

S. 68(1A) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 18(3); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)

F6

Words in s. 68(1A) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 67(3)(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(m) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)

F7

Words in s. 68(1A)(a) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 67(3)(b); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(m) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)

F8

Words in s. 68(1A)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 67(3)(c); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(m) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)

F9

Words in s. 68(1A)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 67(3)(d); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(m) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)

F10

Words in s. 68(1A) repealed (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 67(3)(e); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(m) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)

F11

Words in s. 68(2) substituted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 18(4); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)

F12

Words in s. 68(3) substituted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 18(5)(a); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)

F13

Words in s. 68(3)(b) substituted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 18(5)(b); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)

F14

S. 68(3A)(3B) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 18(6); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)

F15

Words in s. 68(3A) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 67(4)(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(m) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)

F16

Words in s. 68(3A)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 67(4)(b); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(m) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)

F17

Words in s. 68(3B) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 67(5); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(m) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)

F18

Words in s. 68(5) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 18(7); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)

F19

Words in s. 68(5) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 67(6); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(m) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)

F20

S. 68(6)(7) inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 67(7); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(m) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)

F21

S. 68: words in sidenote inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 18(8); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)

F22

Words in s. 68 title substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 67(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(m) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)

Notes on Part III

Modifications

C1

Part III: definition of "consumer" applied (01.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 176(7), 225(2).

C2

Part III: definition of "water fittings" applied (01.12.1991) by Statutory Water Companies Act 1991 (c. 58, SIF 130), ss. 15(1), 17(2).

C3

Pt. 3 modified (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 9, Sch. 2

C4

Pt. 3 functions transferred and modified (14.6.2016) by The River Tees Port Health Authority Order 2016 (S.I. 2016/644), arts. 1(1), 9, Sch. 2

C5

Pt. 3: functions etc. assigned to the Port Health Authority and modified (31.3.2017) by The Weymouth Port Health Authority Order 2017 (S.I. 2017/558), arts. 1(1), 9, Sch. 2 (with art. 9(3))

Notes on General obligations of undertakers and water supply licensees

Textual amendments

F1

Words in s. 68 cross-heading inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 18(8); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)

F2

Words in s. 68 cross-heading substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 66; S.I. 2016/465, art. 2(m), Sch. 1 para. 1(m) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)