Information note on Regulation 3 (Wales)
Regulation 3 of the Private Water Supplies (Wales) Regulations 2017 (hereafter referred to as the Regulations) specifies the criteria which determine how the Regulations apply to private water supplies.
A “private supply” is defined as a supply of water provided otherwise than by a water undertaker or by a water supply licensee.1
The Regulations specify four private supply categories, 8, 9, 10 and 11. We have produced an individual note for each which you can find on our website.
However in summary:
- Regulation 8 supplies are where one or more consumers indirectly receive a supply of water from a water company’s water supply system via a third party.
- Regulation 9 supplies are large supplies (>10 m3/day) and supplies to premises that are used as part of a commercial or public activity, irrespective of the volume consumed.
- Regulation 10 supplies are those to single dwellings only, using less than 10 m3/day.
- Regulation 11 supplies comprise all other private water supplies including small (<10 m3/day) shared supplies and supplies where the water is used as part of a domestic tenancy (including single dwellings where the water is used in this capacity).
The Regulations apply to private water supplies ONLY where the water is intended for human consumption. Regulation 3 describes human consumption as:
Water either in its original state or after treatment, intended for drinking, cooking, food preparation or other domestic purposes*, regardless of its origin and whether it is supplied from any distribution network, from a tanker, or in bottles or containers.
*The term ‘domestic purposes’ is defined in section 218 of the Water Industry Act 1991, as drinking, washing, cooking, central heating and sanitary purposes**.
**The term ‘sanitary purposes’ includes washing/bathing/showering, laundry and toilet flushing2. Please note that a private water supply that is used exclusively for the purposes of the business of a laundry does not fall within scope of the Regulations. This is because laundry does not constitute a domestic purpose under these circumstances, in accordance with section 218(3) of The Water Industry Act 1991.
A supply must not represent a danger to human health throughout a premise where the water is used in multiple rooms or buildings for any domestic purposes, including sanitary purposes, as defined above. Consequently, it is not appropriate for a single tap, where the water is being treated in isolation (for instance, via a point of use treatment) to be designated as “drinking water,” whilst permitting water to be consumed for other domestic purposes elsewhere on the supply (whether those taps are labelled as “non-drinking water” or not) that is a potential or actual danger to health.
It follows therefore that where a source risk has been identified, any treatment necessary to mitigate that risk must ensure that the water is safe to consume at all points of consumption throughout the supply, at any tap or point where it is used for any domestic/sanitary purpose. Where the water is unwholesome, but is not a danger to human health, the local authority must act in accordance with section 80 of The Water Industry Act 1991. Section 80 gives discretionary powers to local authorities to enforce in cases where supplies are unwholesome.
All water used in food-production, manufacture, processing, preservation or marketing of products or substances intended for human consumption must not affect the wholesomeness of the foodstuff in its finished form. Where a supply presents a potential danger to human health the local authority must act in accordance with regulation 20.
Please note, the Food Standards Agency (FSA) is the competent authority in such cases.
If water is used for human consumption for anything other than primary food production, then it must satisfy the Regulations. Examples of where the Regulations apply are given below (this list is illustrative and is not exhaustive):
- The washing and bagging of crops/foodstuffs (particularly the washing of ready to eat items such as salad crops).
- Fruit and vegetables that may be eaten raw.
- Washing of fruit and vegetables intended for peeling and slicing.
- Incorporation into food as an ingredient (including drinks or water used in a brewery – see below.
- Cleaning of food production equipment, utensils, walls, floor, ceilings and work surfaces.
- Production of ice.
- Hand washing of food handlers.
- Cleaning purposes (food contact surfaces, equipment, storage containers, utensils, hands).
- Egg washing3 if the water is deemed by the Food Standards Agency to affect the final product.
Local authorities should consult with the Food Standards Agency if further advice is needed on the quality of water used for any food production.
Mixed supplies
Mixed supplies arise when a public and private supply are mixed before use.
The local authority and water company should work together to determine the root cause and facilitate the appropriate corrective actions, under the respective sets of regulations. The local authority can use its powers to compel relevant person(s) to take remedial action, and the water company may also be responsible for delivering some corrective actions, if the control point is located before the public supply is mixed with the private supply. Water Fitting Regulations contraventions will fall to the relevant person(s) for resolution but would be enforced by the water company.
Mixed supplies must meet the requirements of both the public and private supply regulations.
Milking parlours
The Food Standards Agency has powers and responsibilities for milking parlours and dairy farms under existing food law. Private supplies that that are used solely for washing down purposes are not within the scope of the Regulations. Milking parlour premises are, however, subject to the regulations where a supply is also used for domestic purposes at the site. In these cases, regulation 8, 9, 10 or 11 must be applied, as appropriate (see above).
Distilleries
Where water from private water supplies is used in the manufacturing of products that employ a distillation process (for example, whisky, gin and other spirits), the Regulations apply only where the water is added after the distillation part of the process
Malting and brewing
The process of making ‘malt’ requires that water is absorbed by barley making it a constituent part of the final product for example, beer and vinegar. Therefore, water derived from private water supplies to make malt by these processes, falls within the scope of regulation 3 (1) (b).
Rainwater harvesting and grey water systems
All supplies that are derived from rainwater and recycled (grey) water fall within the scope of the Regulations, where the water is supplied for domestic purposes, food production and where it is intended for human consumption.
Water fountains and other publicly accessible supplies
Where private supply is offered for human consumption to the general public/tourists, including those that are part of a heritage attraction (for example ancient springs and grottos), regulation 9 applies.
Where it is not intended for human consumption, unless the water is used for other purposes, full mitigation is encouraged by physically preventing consumption by disconnecting the supply. Where this is not possible, partial mitigation could be in the form of robust, warning signs, clearly displayed by the responsible person, body or organisation to deter consumption. Signage should be regularly checked to ensure that it remains intact and visible.
Further guidance on publicly accessible supplies.
Spas and Pools
If the water at these types of facilities is also provided for domestic purposes or used in human food products, the regulations will apply. Sampling locations for monitoring purposes should be at a suitable point where the water is drawn for human consumption.
Private water supplies used exclusively for leisure activities, for example, swimming pools, spas, and water parks are not within scope of the Regulations. Similarly, those used for religious/healing purposes are not subject to the Regulations as these do not constitute domestic purposes, as defined in the Water Industry Act 1991.
Alternative supplies
In an emergency, it may be necessary to temporarily supply water from tankers or in bottles or cartons for example, when there is a quality failure that poses a potential danger to human health.
The water in the tankers must also meet the requirements of the Regulations. If water in bottles or containers is supplied instead of a private supply (due to insufficiency) the regulations apply.
Temporary events
Where temporary events (for example: festivals, local fairs) are supplied by sources such as boreholes and/or springs for domestic purposes, the Regulations apply. Water that is consumed for domestic purposes at a temporary event that is derived from a public water supply – either directly through pipes or via tankers will likely be classed as a regulation 8 supply.
Supplies to tenanted premises
Private water supplies to all premises, which are rented as part of a domestic tenancy agreement, where the water supplied is intended for human consumption or just for sanitary purposes (for example toilet flushing), are within scope of the Regulations. These supplies must be monitored in accordance with regulations 7 and 11. Further information regarding the risk assessment of these supplies can be found in the Information note for regulation 6. Regulation 11 supplies include bed and breakfasts.
Exemptions (Regulation 3)
The following waters are exempt from the Regulations:
- Water controlled by the Natural Mineral Water, Spring Water and Bottled Drinking Water (Wales) Regulations 2007; or
- Water that is a medicinal product4; or
- Water used solely for washing a crop after it has been harvested where it does not affect the fitness for human consumption of the crop, or of any food or drink derived from the crop.
1 In Section 93 of the Water Industry Act 1991 (including a supply provided for the purposes of the bottling of water).
2 The Inspectorate has made available on its website a risk assessment tool for supplies that are used exclusively for the purposes of toilet flushing.
3 Class A (highest grade) eggs are not permitted to be washed and therefore this regulation is not applicable. However, the Regulations may apply where the water is used to wash class B and C eggs and would depend on where the eggs are washed. If carried out at the farm/place of production, then egg washing is not within scope of the regulations, as washing would not substantially alter the nature of the egg. However, washing carried out at the processing plant (for B and C eggs) would not be a primary production process, and the water would have to be wholesome and therefore would be within scope of the Regulations.
4 Water that is a medicinal product is water that is regulated by the Medicines Act 1968 SI 1968,c. 67.