OpenLegislation

Section 86 Appointment and functions of inspectorsF22

England and Wales

(1)

The Secretary of State may for the purposes of this section appoint persons to act on his behalf F1. . . in relation to some or all of—

(a)

the powers and duties conferred or imposed on him by or under sections 67 to 70 and 77 to 82 above; F2...

(b)

such other powers and duties in relation to the quality and sufficiency of water supplied F3using a water undertaker’s supply system as are conferred or imposed on him by or under any other enactments F4; and

(c)

arrangements for assessing and securing compliance, and responding to failures to comply, with directions (or any particular direction) under section 208.

F5(1A)

Subject to subsection (1B) below, the Secretary of State shall designate one such person as the Chief Inspector of Drinking Water.

(1B)

If the function of the Secretary of State under subsection (1) above is transferred to any extent to the Assembly—

(a)

subject to paragraph (b) below, the Assembly may designate one such person appointed by it as the Chief Inspector of Drinking Water for Wales; but

(b)

if the person designated by the Assembly is the same as the person designated by the Secretary of State as the Chief Inspector of Drinking Water, he shall be known as such in both capacities.

(2)

F6An inspector appointed under this section shall—

(a)

carry out such investigations as the Secretary of State may require him to carry out for the purpose of—

(i)

ascertaining whether any duty or other requirement imposed on that undertaker F7or a F8water supply licensee by or under any of sections 68, 69 and 79 above or imposed on a relevant person (as defined in subsection (1A) of section 70 above) by or under that section is being, has been or is likely to be contravened; or

(ii)

advising the Secretary of State as to whether, and if so in what manner, any of the powers of the Secretary of State in relation to such a contravention, or any of the powers (including the powers to make regulations) which are conferred on him by or under any of sections 67 to 70 and 77 to 82 above should be exercised;

and

(b)

make such reports to the Secretary of State with respect to any such investigation as the Secretary of State may require.

(3)

Without prejudice to the powers conferred by subsection (4) below, it shall be the duty of a water undertaker F9, F10water supply licensee or other relevant person (as defined in section 70(1A) above)—

(a)

to give F11an inspector appointed under this section all such assistance; and

(b)

to provide an inspector so appointed with all such information,

as that person may reasonably require for the purpose of carrying out any such investigation as is mentioned in subsection (2) above.

(4)

Any F12inspector appointed under this section who is designated in writing for the purpose by the Secretary of State may—

(a)

enter any premises for the purpose of carrying out any such investigation as is mentioned in subsection (2) above;

(b)

carry out such inspections, measurements and tests on premises entered by that inspector or of articles or records found on any such premises, and take away such samples of water or of any land or articles, as that inspector considers appropriate for the purpose of enabling him to carry out any such investigation; or

F13(c)

at any reasonable time require—

(i)

any water undertaker or F14water supply licensee to supply him with copies of, or extracts from, the contents of any records kept for the purpose of complying with any duty or other requirement imposed on that undertaker F15or licensee by or under any of sections 68, 69 and 79 above; or

(ii)

any relevant person (as defined in subsection (1A) of section 70 above) to supply him with copies of, or extracts from, the contents of any records kept for the purpose of complying with any duty or other requirement imposed on that person by or under that section.

(5)

Part II of Schedule 6 to this Act shall apply to the rights and powers conferred by subsection (4) above.

(6)

Any water undertaker F16, F17water supply licensee or other relevant person which fails F18without reasonable excuse to comply with the duty imposed on F19that person by virtue of subsection (3) above shall be guilty of an offence and liable F20—

(a)

on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or to a fine, or both;

(b)

on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or both.

F21(7)

Proceedings by the Secretary of State for an offence under this section or in relation to the quality and sufficiency of water supplied using a water undertaker’s supply system may be instituted and carried on in the name of the Chief Inspector of Drinking Water.

(8)

Any such proceedings by the Assembly may be instituted and carried on in the name of the Chief Inspector of Drinking Water for Wales, if there is one (or, if subsection (1B)(b) above applies, in the name of the Chief Inspector of Drinking Water).

(9)

In this section “inspector” means the Chief Inspector of Drinking Water or any other person appointed under subsection (1) above.

Annotations

Textual amendments

F1

Words in s. 86(1) repealed (1.4.2004) by Water Act 2003 (c. 37), ss. 57(2), 101(2), 105(3), Sch. 9 Pt. 3; S.I. 2004/641, art. 3(z)(i) (with art. 6, Sch. 3)

F2

Word in s. 86(1) omitted (24.2.2025) by virtue of Water (Special Measures) Act 2025 (c. 5), ss. 12(3)(b)(i), 17(2)(h)

F3

Words in s. 86(1)(b) substituted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 26(2); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)

F4

S. 86(1)(c) and word inserted (24.2.2025) by Water (Special Measures) Act 2025 (c. 5), ss. 12(3)(b)(ii), 17(2)(h)

F5

S. 86(1A)(1B) inserted (1.4.2004) by Water Act 2003 (c. 37), ss. 57(3), 105(3); S.I. 2004/641, art. 3(m) (with art. 6, Sch. 3)

F6

Words in s. 86(2) substituted (1.4.2004) by Water Act 2003 (c. 37), ss. 57(4), 105(3); S.I. 2004/641, art. 3(m) (with art. 6, Sch. 3)

F7

Words in s. 86(2)(a)(i) substituted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 26(3); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)

F8

Words in s. 86(2)(a)(i) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 75(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)

F9

Words in s. 86(3) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 26(4); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)

F10

Words in s. 86(3) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 75(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)

F11

Words in s. 86(3)(a)(b) substituted (1.4.2004) by Water Act 2003 (c. 37), ss. 57(5), 105(3); S.I. 2004/641, art. 3(m) (with art. 6, Sch. 3)

F12

Word in s. 86(4) substituted (1.4.2004) by Water Act 2003 (c. 37), ss. 57(6), 105(3); S.I. 2004/641, art. 3(m) (with art. 6, Sch. 3)

F13

S. 86(4)(c) substituted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 26(5); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)

F14

Words in s. 86(4)(c)(i) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 75(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)

F15

Words in s. 86(4)(c)(i) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 75(3); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)

F16

Words in s. 86(6) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 26(6); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)

F17

Words in s. 86(6) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 75(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)

F18

Words in s. 86(6) inserted (24.4.2025) by Water (Special Measures) Act 2025 (c. 5), ss. 6(2)(a), 17(5)(a) (with s. 6(3))

F19

Words in s. 86(6) substituted (1.4.2016) by water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 75(4); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)

F20

S. 86(6)(a)(b) substituted for words in s. 86(6) (24.4.2025) by Water (Special Measures) Act 2025 (c. 5), ss. 6(2)(b), 17(5)(a) (with s. 6(3))

F21

S. 86(7)-(9) added (1.4.2004) by Water Act 2003 (c. 37), ss. 57(8), 105(3); S.I. 2004/641, art. 3(m) (with art. 6, Sch. 3)

F22

S. 86 heading substituted (24.2.2025) by Water (Special Measures) Act 2025 (c. 5), ss. 12(3)(a), 17(2)(h)

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 Drinking Water Inspectorate

Textual amendments

F1

S. 86 cross-heading substituted (24.2.2025) by Water (Special Measures) Act 2025 (c. 5), ss. 12(2), 17(2)(h)