The Water Supply (Water Quality) Regulations 2001

Action by National Assembly for Wales

19.—(1) Where—

(a)a notification given in accordance with paragraph (5) of regulation 17 in the circumstances mentioned in paragraph (1) of that regulation (including that paragraph as read with paragraph (3)(a) of that regulation) discloses—

(i)a failure in respect of a parameter specified in Part II of Table A or in Table B in Schedule 1; and

(ii)that the failure is not attributable to the domestic distribution system or the maintenance of that system; and

(b)it appears to the National Assembly for Wales that the failure is not trivial and is likely to recur,

the National Assembly for Wales may, by notice in writing to the water undertaker, require the water undertaker to seek a departure in accordance with regulation 20.

(2) The exercise by the National Assembly for Wales of the power conferred by paragraph (1) shall not preclude the exercise by it, in relation to the same circumstances, of the power conferred by section 18 of the Act.

(3) Where—

(a)a notification given in accordance with paragraph (5) of regulation 17 in the circumstances mentioned in paragraph (3)(b) of that regulation discloses—

(i)a failure in relation to any parameter specified in Part II of Table A or in Table B in Schedule 1; and

(ii)that the failure is not attributable to the domestic distribution system or the maintenance of that system; and

(b)it appears to the National Assembly for Wales that the failure in respect of that parameter is not trivial and is likely to recur,

the National Assembly for Wales shall consider whether the terms of the authorisation under regulation 20 should be modified.

(4) Where—

(a)a notification given in accordance with regulation 18(2) discloses an inability to meet the specification applicable to an indicator parameter; and

(b)the National Assembly for Wales considers that the inability poses a risk to human health;

the National Assembly for Wales may, by notice in writing to the water undertaker, require the water undertaker to take such steps as may be determined by the National Assembly for Wales and specified in the notice.

(5) It shall be the duty of a water undertaker to which a notice under paragraph (4) has been given to take the steps specified in the notice.