Water Services Act 2007

General duties of an owner.

54.— (1) The owner of a premises shall ensure that the internal distribution system of the premises is sufficient for, and maintained in such condition, as to ensure that water intended for human consumption meets prescribed quality requirements at the tap or taps used for such purposes.

(2) The owner of a premises shall ensure that the distribution system of the premises, and all taps connected to it are maintained in such condition as to ensure that water does not leak from the distribution system or any taps connected to it, and shall be responsible for its repair and renewal, save in the circumstances provided for in subsection (4).

(3) A water services authority may, and shall on request from an authorised provider of water services or a person providing water services jointly with or on behalf of a water services authority or an authorised provider of water services in relation to a matter affecting a waterworks under his or her control, by notice direct the owner of a premises to undertake such remedial action as may be specified in the notice, for the purpose of his or her compliance with subsection (1) or (2).

(4) A water services authority may—

(a) in lieu of issuing a notice under subsection (3), or

(b) in the event of failure by a person to whom a notice has been served under subsection (3), to comply with that notice,

execute such works as it considers necessary in the first instance, for the purpose of facilitating compliance with subsection (1) or (2), and may recover the costs of such works, or the costs of any investigations or enforcement undertaken by it for the purposes of this section, from the owner of a relevant premises.

(5) The Minister may make regulations for the purposes of this section, and without prejudice to the generality of the foregoing, such regulations may include provisions in relation to—

(a) the action to be carried out under a notice under subsection (3),

(b) the time limit by which action directed to be carried out under a notice must be completed,

(c) the quality of materials and workmanship to be employed in any remedial action under a notice issued under subsection (3),

(d) powers of entry and investigation by authorised persons,

(e) such incidental provisions as are necessary to ensure the effective supervision by a water services authority of compliance with subsection (1) or (2) or enforcement of a notice issued under subsection (3),

(f) work standards and specifications for materials and fittings to be used in connection with work to which this section applies, or

(g) any incidental and ancillary matters.

(6) A person who—

(a) contravenes subsection (1) or (2),

(b) fails to comply with a notice under subsection (3), or

(c) contravenes a regulation made under this section,

commits an offence.