The Water Supply (Water Quality) Regulations 2000

Transitional provision: programmes of work

41.—(1) Every water undertaker which intends to supply water, on and after 25th December 2003, for regulation 4(1) purposes shall, not later than 31st March 2001, submit to the Secretary of State for his approval a programme of work designed to secure, so far as reasonably practicable—

(a) that on the coming into force of Part III of these Regulations, the supply of water for those purposes fully satisfies the requirements of that Part; and

(b) that on and after 25th December 2013, the supply of water for those purposes will fully satisfy the revised requirements of that Part in relation to the lead parameter (item 15 in Table B),

and that, accordingly, section 68 (duties of water undertakers with respect to water quality) of the Act is complied with.

(2) Programmes of work shall be drawn up in accordance with the provisions of Schedule 6.

(3) The Secretary of State may approve a programme of work with or without modification.

(4) If a water undertaker—

(a) fails to draw up a programme of work; or

(b) draws up such a programme otherwise than in accordance with Schedule 6; or

(c) draws up such a programme that is unsatisfactory in any other respect,

the Secretary of State may draw up a programme of work and any such programme shall be treated for the purposes of paragraphs (5) and (6) as a programme of work drawn up by the water undertaker and approved by the Secretary of State.

(5) Whenever it comes to the attention of a water undertaker that the steps to be taken in accordance with a programme of work submitted to, or approved by, the Secretary of State, or treated as so approved, are insufficient to secure that the requirements of paragraph (1)(a) and (b) are met, it shall notify the Secretary of State of the additional steps to be taken to secure that those requirements are met.

(6) The Secretary of State may at any time, and whether or not on the application of a water undertaker, modify any programme of work where he is of the opinion that such modification is required to secure that the requirements of paragraph (1)(a) and (b) are met.

(7) It shall be the duty of each water undertaker—

(a) to take the steps for the time being specified in the programme of work approved or treated as approved in relation to its area of supply;

(b) to take those steps in accordance with the timetable so specified; and

(c) to submit reports to the Secretary of State at the times or within the periods specified.

(8) The duties imposed by paragraph (7) shall be enforceable under section 18 of the Act by the Secretary of State.