Regulation 18 England (Reg 20 Wales) requires formal action to be taken to ensure that private water supplies meet the standards, where the water is unwholesome, but not a danger to human health, and other requirements of the Directive by requiring local authorities to serve Notices under Section 80 of the 1991 if appropriate remedial action to mitigate a risk is not completed within 28 days Act of the local authority establishing the cause.
- Section 80 (Word 27KB) template
- Example of a completed Section 80 Notice (Word 25KB) for insufficiency
Where a private water supply is considered to be a potential danger to human health, the local authority is under a duty to serve a Notice under Regulation 18 of the Private Water Supplies Regulations (Regulation 20 Wales) to temporarily require the supply to be prohibited or its use restricted and for the supply to be improved in the medium to long term to mitigate those risks (instead of a Notice under Section 80).
- Template for Regulation 18 Notice (England (Word 40KB)) and Regulation 20 Notice (Wales (Word 38KB))
- Example Regulation 18 Notice for arsenic (England (Word 41KB)) and Example Regulation 20 Notice (Wales (Word 41KB))
If the relevant person has not provided the local authority with this information on request, the local authority can use its powers under Section 85(1) of the Water Industry Act to serve a Notice on any person requiring that person to provide the information including the pro forma wording of the advice in the Notice.
A local authority is not allowed to charge for serving a Notice under Section 80 of the 1991 Act or a Notice under Regulation 18. However, if the local authority decides to take remedial action itself to improve a private supply (because for example the relevant person(s) had not taken action), the local authority can recover the costs of taking that action from the relevant person(s)
Any person (the relevant person(s) or any other person affected by the contents of a Notice) can appeal, under Regulation 19 (PDF 218KB),(Reg 21 Wales) to the Magistrates court within 28 days of a Notice being served. However it is an offence under Regulation 20 (PDF 234KB) ( Reg 22 Wales) to breach a Notice served under Regulation 18 (Reg 20 Wales) or to fail to comply with the requirements of the Notice.
Page reviewed: 15 October 2018
Page modified: 15 October 2018