HC Deb 04 April 1989 vol 150 cc39-44

—(1) Subject to the following provisions of this section, where a local authority are satisfied in relation to any premises in their area which are supplied with water for domestic purposes by means of a private supply—

  1. (a) that any water which is being, has been or is likely to be supplied for those purposes to those premises by means of that private supply is not, was not or, as the case may be, is not likely to be wholesome; or
  2. (b) that that private supply is failing, has failed or is likely to fail to provide to any house on those premises such a supply of wholesome water as (so far as that house is concerned) is sufficient for domestic purposes,
the local authority may serve a notice in relation to that private supply on one or more of the relevant persons.

(2) A notice under this section in relation to a private supply of water to any premises shall—

  1. (a) give particulars of the matters mentioned in subsection (1) above in respect of which the notice is served;
  2. (b) specify the steps which, in the opinion of the local authority serving the notice, are required to be taken for ensuring that there is a supply of water to those premises which is both wholesome and (so far as any house on those premises is concerned) sufficient for domestic purposes;
  3. (c) specify a period ending not less than 28 days after the day on which the notice is served within which any representations or objections with respect to the notice must be received by that local authority; and
  4. (d) state the effect in relation to that notice of section 76G(2) and (3) below.

(3) Subject to section 76G below, where a local authority serve a notice under this section on any relevant person they may do one or more of the following, that is to say—

  1. (a) by that notice designate as steps to be taken by the authority themselves such of the steps specified in the notice as they consider it appropriate to so designate;
  2. (b) by that notice require that person, within such reasonable period as may be specified in the notice, to take one or more of the steps so specified;
  3. (c) by that notice require that person, at such times as may be determined in accordance with provision contained in the notice, to make to another relevant person or to that authority such payments as may be so determined in respect of expenses reasonably incurred by that other person or that authority in taking any step specified in the notice;
  4. (d) by that notice undertake from time to time to make such payments to that person as may be so determined in respect of expenses reasonably incurred by that person in taking any step specified in the notice.

(4) The power of a local authority to serve a notice under this section specifying the steps which are required to be taken in relation to any source from which a private supply is provided both to premises in the area of that authority and to premises in the area of another local authority shall be exercisable only where—

  1. (a) the other authority consent to the service of the notice; or
  2. (b) the authorities act jointly in exercising their respective powers under this section in relation to that source.

(5) The powers conferred by this section and section 76G below shall be so exercised in relation to a private supply of water to any premises where there is no house as to secure that no local authority are required to bear any of the expenses incurred (whether by the authority or by any other person) in taking any steps for ensuring that the supply is wholesome which are specified in any notice under this section.

(6) The steps that a relevant person may be required by a notice under this section to take in relation to any premises shall include—

  1. (a) requiring a supply of water to be provided to those premises by a water authority or by any other person; and
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  2. (b) taking such steps for the purpose of securing that such a requirement is complied with, and of enabling such a supply to be so provided, as may be specified in the notice.

(7) For the purposes of this section and section 76G below the relevant persons, in relation to a private supply of water to any premises in the area of a local authority, are the owners and occupiers of those premises and (whether or not the source of the private supply is in that authority's area) the owners and occupiers of the premises where that source is situated and any other person who exercises powers of management or control in relation to that source.

Effect confirmation and variation of notice under section 76F

76G.—(1) Subject to subsection (2) below, a notice served by a local authority under section 76F above shall not take effect until the end of the period specified in the notice as the period within which representations or objections with respect to the notice must be received by that authority.

(2) Where any written representation or objection with respect to a notice by a local authority under section 76F above is received by the authority, before the end of the period specified in the notice, from a person on whom the notice was served, that notice shall not take effect unless—

  1. (a) the notice is submitted by the authority to the Secretary of State and is confirmed by him either with or without modifications; or
  2. (b) the representation or objection is withdrawn.

(3) If a local authority submit a notice under section 76F above to the Secretary of State for confirmation, the Secretary of State—

  1. (a) shall consider whether the notice should be confirmed and whether, if it is confirmed, it should be confirmed with or without modifications;
  2. (b) may, with respect to the matters specified in the notice or any proposed modification of it, direct the local authority to serve a notice under section 76F above, in such terms as may be specified in the direction, on any relevant person who has not previously been so served;
  3. (c) may, for the purposes of paragraph (a) or (b) above—
    1. (i) cause a local inquiry to be held; or
    2. (ii) afford to the local authority and to every person who has made representations or objections with respect to the notice or a proposed direction under paragraph (b) above an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose;
  4. and
  5. (d) if he is satisfied that the person on whom any notice to be served in pursuance of a direction under paragraph (b) above has had a proper opportunity of having his representations or objections with respect to the proposal for the direction considered, dispense in relation to the notice so served with the provisions of subsections (1) and (2) above and of section 76F(2)(c) and (d) above.

(4) Where the Secretary of State confirms a notice under section 761' above (whether with or without modifications)—

  1. (a) he, or if he so directs, the local authority concerned shall serve notice of that confirmation on every person originally served with the notice under that section; and
  2. (b) that notice shall take effect, with any modifications made by the Secretary of State, at such times as may be specified in the notice served under this subsection.

(5) Where any relevant person who is required by virtue of a notice under section 76F above to take any step in relation to any premises fails to take that step within the period specified in the notice, the authority which served the notice may, in accordance with any applicable provision having effect by virtue of section 76H below, take that step themselves.

(6) Where any step is taken by a local authority in relation to any premises by virtue of subsection (5) above—

  1. (a) the authority may recover from the person who failed to take that step within the specified period any expenses reasonably incurred by the authority in taking that step; and
  2. (b) for the purposes of any requirement under which payments are required to be made to that person by any person other than the authority, sums paid by virtue of paragraph (a) above in respect of the taking of any step shall be deemed to be expenses incurred in the taking of that step by the person who failed to take it.

(7) Nothing in this Act shall confer any right of action on any person in respect of any loss or damage sustained by t hat person in consequence of the failure by any other person to take any step specified in a notice under section 76F above; but any sum required to be paid to any person by virtue of any requirement or undertaking contained in such a notice shall be recoverable by that person from the person who is required to pay it.

(8) Any requirement which is imposed by virtue of a notice under section 76F above on the owner or occupier of any premises and is expressed to bind those premises in relation to the owners or occupiers from time to time shall bind successive owners or, as the case may be, occupiers of those premises; and section 65 above (power of local authority to make a charging order in respect of costs) shall apply to a requirement under section 64 above.

(9) Subject to subsection (10) below, a local authority may be notice served on any person modify or revoke the effect in relation to that person of any notice under section 76F above or this subsection (including a notice which has been confirmed, with or without modifications, by the Secretary of State).

(10) Section 76F(2)(c) and (d) and subsections (1) to (4) above shall apply, as they apply in relation to a notice under section 76F above, in relation to any notice served by a local authority on any person under subsection (9) above except where the notice—

  1. (a) extends the period within which any step is required to be taken by that person; or
  2. (b) discharges, postpones or abates any obligation of that person to make a payment to the local authority.

Incidental powers of local authorities

76H.—( 1) Subject to subsection (5) below, a local authority may serve on any person a notice requiring him to furnish that authority, within a period or at times specified:in the notice and in a form and manner so specified, with such information as is reasonably required by that authority for the purpose of exercising or performing any power or duly conferred or imposed on that authority by or under any of sections 76E to 76G above.

(2) Any person designated in writing for the purpose by any local authority may—

  1. (a) enter any premises for the purpose, in relation to any private supply, of—
    1. (i) determining whether, and if so in what manner, any power or duty conferred or imposed on that authority by or under any of sections 76E to 76G above should be exercised or performed; or
    2. (ii) exercising any such power or performing any such duty;
  2. (b) enter any premises to which a supply of water is provided by a water authority for the purpose, in relation to a supply so provided, of determining whether, and if so in what manner, such a power should be exercised or such a duty performed or of exercising such a power or performing such a duty or
  3. (c) carry out such inspections, measurements and tests on premises entered by that person or of articles found on any such premises, and take away such samples of water or of any land or articles, as the local authority—
    1. (i) consider appropriate for the purposes of any such power or duty; and
    2. (ii) have authorised that person to carry out or take away, 43 and the provisions of subsections (3) to (7) of section 38 shall apply to the right of entry given by this subsection to any person designated by a local authority as they apply to the right of entry of an authorised officer of a water authority.

(3) Entry into any premises shall not be demanded as of right by virtue of this section except—

  1. (a) in an emergency, or
  2. (b) at a reasonable time and after 24 hours' notice of the intended entry has been given to the occupier of the premises.

(4) The Secretary of State may by regulations make provision for restricting the information which may be required under subsection (1) above and for determining the form in which the information is to be so required.

(5) A person who fails without reasonable excuse to comply with the requirements of a notice served on him under subsection (1) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Standards of wholesomeness

76I.—(1) The Secretary of State may by regulations make provision that water that is supplied to any premises is or is not to be regarded as wholesome for the purposes of this Part if it satisfies or, as the case may be, fails to satisfy such requirements as may be prescribed.

(2) Without prejudice to the generality of subsection (1) above, regulations under this section may, for the purpose of determining the wholesomeness of any water—

  1. (a) prescribe general requirements as to the purposes for which the water is to be suitable;
  2. (b) prescribe specific requirements as to the substances that are to be present in or absent from the water and as to the concentrations of substances which are or are required to be present in the water;
  3. (c) prescribe specific requirements as to other characteristics of the water;
  4. (d) provide that the question whether prescribed requirements are satisfied may be determined by reference to such samples as may be prescribed;
  5. (e) enable the Secretary of State to authorise such relaxations of and departures from the prescribed requirements (or from any of them) as may be prescribed, to make any such authorisation subject to such conditions as may be prescribed and to modify or revoke any such authorisation or condition; and
  6. (f) enable the Secretary of State to authorise a local authority (either instead of the Secretary of State or concurrently with him) to exercise in relation to a private supply any power conferred on the Secretary of State by regulations made by virtue of paragraph (e) above.

Power to give effect to international obligations

76J. The Secretary of State may by regulations provide that the provisions of this Part shall have effect with such modifications as may be prescribed for the purpose of enabling Her Majesty's Government in the United Kingdom to give effect to—

  1. (a) any Community obligations; or
  2. (b) any international agreement to which the United Kingdom is for the time being a party.

Interpretation etc. of Part VIA.

76K.—(1) In this Part—

(2) For the purposes of any reference in this Part to a private supply, or to supplying water by means of a private supply, water shall be treated as supplied to any premises not only where it is supplied from outside those premises, but also where it is abstracted, for the purpose of being used or consumed on those premises, from a source which is situated on the premises themselves; and for the purposes of this subsection water shall be treated as used on any premises where it is bottled on those premises for use or consumption elsewhere.

(3) The rights conferred by virtue of this Part as against the owner or occupier of any premises shall be without prejudice to any rights and obligations, as between themselves, of the owner and occupier of the premises in question.".'.—[Mr. Moynihan.]

Amendment made: No. 88—new schedule—