C17

Prospective affecting provision: subss. (2)-(7) inserted by Water Services Act 2007 (30/2007), s. 107(a), not commenced as of date of revision.

F70[(2) Without prejudice to subsection (1), and with a view to achieving the satisfactory compliance with relevant prescribed water quality standards and other parametric values of water intended for human consumption supplied by the water services authority concerned, the Agency may, having exercised its powers under subsection (1) or (2) of section 58 and considered any information furnished to, or otherwise coming into its possession in consequence of that exercise, do all or any of the following:

(a) issue such advice, directions or recommendations to the water services authority, as it considers necessary;

(b) provide, on such terms and conditions as may be agreed, such assistance, support or guidance as the Agency considers, after consultation with the water services authority, would be helpful.

(3) (a) Notwithstanding any other provision of this section, where the Agency is of the opinion in respect of water for human consumption supplied by or on behalf of a water services authority that —

(i) there has been a breach of prescribed water quality standards or other parametric values,

(ii) the water contains a substance or micro-organism for which no water quality standard exists, or

(iii) a standard of efficiency of related disinfection equipment exists,

that constitutes, or may constitute, a risk to public health, then the Agency may issue such direction to the relevant water services authority as it considers necessary to ensure that appropriate measures are taken for the purposes of preventing, limiting, eliminating or abating such risk.

(b) A water services authority shall comply with any direction to it under paragraph (a).

(4) (a) Where the Agency, having reviewed the information—

(i) submitted to it in accordance with section 58(1), or

(ii) obtained during the course of inspection, auditing or monitoring carried out under section 58(2), is of the opinion that a water services authority has failed adequately to carry out monitoring of its water supplies or related distribution networks, then the Agency shall direct the water services authority to arrange for such monitoring to be carried out adequately.

(b) A water services authority shall comply with any direction to it under paragraph (a).

(5) Where a water services authority fails to comply with a direction issued under subsection (2), (3) or (4), the Agency may arrange, carry out or cause to be carried out such action as it considers necessary to ensure compliance with the direction. The costs of such action may be recovered by the Agency from the water services authority concerned as a simple contract debt in any court of competent jurisdiction.

(6) A water services authority commits an offence if—

(a) it fails to comply with a request under section 58(1), or

(b) it fails to comply with a direction under subsection (2), (3) or (4).

(7) The Agency may apply to the High Court in a summary manner for an order against a water services authority to direct compliance with a request under section 58(1), or a direction under subsection (3), and the Court may grant such order as it considers appropriate.]