Joint Committee on Statutory Instruments Fifth Report


APPENDIX 4

Memorandum by the Department of the Environment, Transport and the Regions

WATER SUPPLY (WATER QUALITY) REGULATIONS 2000 (S.I. 2000/3184)

1. The Joint Committee have requested a Memorandum on the following points—

    "(1)  With respect to regulation 1:

      (a)  given that regulations 27 to 29 come into force on 1 January 2001, explain why regulation 25 (which defines expressions used in those regulations) is not brought into force until 1 January 2004;

      (b)  given that regulations 28 and 29, and so much of regulation 33 as relates to any contravention of regulation 29, come into force on 1 January 2001, explain why regulation 33, insofar as it applies to a contravention of regulation 28(9), is not brought into force until 1 January 2004;

      (c)  given that regulation 43(1) comes into force on 1 January 2001, explain why regulation 43(4) (which limits the extent of the revocations made by regulation 43(1)) is not brought into force until 1 January 2004.

    (2)  Is it possible that an event such as is mentioned in regulation 35(8) which occurs in the area of one local authority or health authority could give rise to a significant risk to the health of persons residing in the area of another such authority? If so, explain why that regulation does not require the water undertaker to notify that other authority. (See the definition in regulation 2(1) of "appropriate local authority" and ("appropriate health authority")."

2. The Department accepts that regulation 25 and regulation 43(4) should have been brought into force on 1 January 2001, though, in the case of regulation 43(4), it considers there are no adverse consequences in view of the application provision in regulation 1(6). It accepts too that commencement of regulation 33, insofar as it applies to a contravention of regulation 28(9), should not have been deferred until 1 January 2004, but is of the view that it should be commenced from the date mentioned in regulation 28(9) (1 October 2001). The Department regrets these errors, which were missed consequentials attributable to a late decision to bring regulations 27 to 29 into force on 1 January 2001 rather than 2004. Amending Regulations will be made as soon as possible.

22 January 2001


 
previous page contents next page

House of Lords home page Parliament home page House of Commons home page search page enquiries index

© Parliamentary copyright 2001
Prepared 23 April 2001