The Water Supply (Miscellaneous Amendments) (England and Wales) Regulations 2010
S.I. 2010/996 · Made 25 March 2010 · Extends to England and Wales
Water, England And Wales
Made 25th March 2010
Laid before Parliament 30th March 2010
Laid before the National Assembly for Wales 30th March 2010
Coming into force 20th April 2010
The Secretary of State and the Welsh Ministers have carried out the consultation required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safetyf1.
The Secretary of State, in relation to England, and the Welsh Ministers, in relation to Wales, make these Regulations under section 2(2) of the European Communities Act 1972f2, having been designated for the purposes of that Act. The Secretary of State is designated in relation to the environmentf3. The Welsh Ministers are designated in relation to the quality of water intended for domestic purposes or for use in a food production undertakingf4.
Annotations to the whole text
Footnotes
- f1
-
OJ No L 31, 1.2.2002, p 1.
- f2
- f3
- f4
-
S.I. 2004/3328, as amended by S.I. 2005/850; the powers conferred on the National Assembly for Wales by those instruments are now exercisable by the Welsh Ministers by virtue of section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32).
Contents
- 1Citation, extent and commencement
- 2Amendment of the Water Industry Act 1991
- 3Amendment of the Drinking Water (Undertakings) (England and Wales) Regulations 2000
- Signature
- Explanatory note
1Citation, extent and commencement
These Regulations may be cited as the Water Supply (Miscellaneous Amendments) (England and Wales) Regulations 2010; they extend to England and Wales and come into force on 20th April 2010.
2Amendment of the Water Industry Act 1991
Section 19 of the Water Industry Act 1991f1 is amended as follows.
In subsection (3), for paragraph (b) (and the “and” immediately following it) substitute—
“(b)publish in such manner as the Secretary of State or the Authority considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by them—
(i)a copy of the notice, and
(ii)where the Secretary of State or the Authority is satisfied as mentioned in paragraph (b) of subsection (1), a summary of the undertaking describing the steps to be taken under it; and”.
After subsection (3), insert—
“(3A)In a case where notice under subsection (3)(a) falls to be served by the Welsh Ministers, references to the Secretary of State in subsection (3)(b) are to be read as references to the Welsh Ministers.”.
3Amendment of the Drinking Water (Undertakings) (England and Wales) Regulations 2000
In regulation 2 of the Drinking Water (Undertakings) (England and Wales) Regulations 2000f1 for “Directive 80/778/EEC (the Drinking Water Directive)” substitute “Council Directive 98/83/EC (on the quality of water intended for human consumption)”f2.
Signature
Huw Irranca-Davies
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
25th March 2010
Jane Davidson
Minister for Environment, Sustainability and Housing
one of the Welsh Ministers
25th March 2010
Explanatory note
(This note is not part of the Regulations)
These Regulations, which extend to England and Wales, amend section 19(3) of the Water Industry Act 1991. Where the Secretary of State, the Welsh Ministers or the Water Services Regulation Authority accept an undertaking as an alternative to making an enforcement order, they must publish a summary of the undertaking. This is in order to implement fully Article 8(7) of Council Directive 98/83/EC (on the quality of water intended for human consumption, OJ No L 330, 5.12.1998, p 32), which requires consumers to be notified where remedial action is taken.
They also amend the Drinking Water (Undertakings) (England and Wales) Regulations 2000 (S.I. 2000/1297) to refer to Council Directive 98/83/EC which repealed and replaced Council Directive 80/778/EEC (relating to the quality of water intended for human consumption, OJ No L 229, 30.08.1980, p 11).
A full impact assessment has not been prepared for these Regulations as no impact on the private or voluntary sectors is foreseen.