Title, commencement and application

1.  The title of these Regulations is the Private Water Supplies (Wales) (Amendment) (No. 2) Regulations 2010; they apply in relation to Wales and come into force on 26 May 2010.

Amendments

2.—(1) The Private Water Supplies (Wales) Regulations 2010(5) are amended as follows.

(2) After regulation 4, insert–

“Use of products and substances in private supplies

4A.  Any product or substance used in a private supply after 26 May 2010 must be a product or substance that would be permitted to be used in a water supply under regulation 31 of the Water Supply (Water Quality) Regulations 2010(6).”.

(3) For regulation 5(1) substitute—

• “Where disinfection forms part of the preparation or distribution of water; the relevant person (as defined in section 80 of the Water Industry Act 1991) must—

  (a)

  design, operate and maintain the disinfection process so as to keep the presence of disinfection by-products as low as possible without compromising the effectiveness of the disinfection; and

  (b)

  ensure that the effectiveness of the disinfection process is maintained,

  (c)

  keep records of the maintenance and monitoring which have been undertaken in order to verify the effectiveness of the disinfection process, and

  (d)

  keep copies of those records available for inspection by the local authority, for a period of 5 years.”.

Explanatory Note

(This note is not part of the Regulations)

These Regulations implement Council Directive 98/83/EC on the quality of water intended for human consumption (OJ No L330, 5.12.1998, p.32) in relation to private water supplies.

They amend the Private Water Supplies (Wales) Regulations 2010 by inserting regulation 4A which regulates the use of products and substances in private water supplies. Regulation 31 of the Water Supply (Water Quality) Regulations 2010 determines the products and substances that can be used.

They also amend the Private Water Supplies (Wales) Regulations 2010 by substituting regulation 5(1). Regulation 5 requires, in essence, that where disinfection is carried out, it is done so in a manner which minimises the level of substances that are formed following the addition of disinfectant, (referred to as “disinfection by-products”) whilst not compromising the effectiveness of disinfection.

The substituted regulation 5(1) removes the term “contamination” and makes other minor changes, including the combining of the provisions previously made by regulation 5(1)(a) and (b).

These Regulations were notified in draft to the European Commission in accordance with Directive 98/34/EC , as amended by Directive 98/48/EC .

A full impact assessment has been prepared for the Private Water Supplies (Wales) Regulations 2010. A copy can be obtained from the Climate Change and Water Division of the Welsh Assembly Government, Cathays Park, Cardiff, CF10 3NQ. No separate impact assessment has been prepared.