Press Notice - 25 October 1999
The outcome of the Yorkshire Water challenge over supplying water unfit for human consumption
Yorkshire Water's challenge against seven cases for allegedly supplying "water unfit for human consumption", failed today at Leeds Magistrates Court when Stipendiary Magistrate Mrs Penelope Hewitt found in favour of the Drinking Water Inspectorate.
The legal argument related to seven separate cases before the Leeds Magistrates' Court involving the supply of discoloured water. Michael Rouse, Chief Inspector at the Drinking Water Inspectorate said following today's ruling, all seven cases will now proceed to trial, subject to any further legal challenges.
Under section 70 of the Water Industry Act 1991, it is an offence for a water undertaker to supply water that is unfit for human consumption.
Notes for Editors
1. Under Section 70 of the Water Industry Act 1991 it is an offence for a water undertaker to supply water that is unfit for human consumption. The Act does not define water unfit for human consumption.
2. Prosecution is one of the duties placed on the Secretary of State first by the Water Act of 1989 and then in the consolidated Water Industry Act of 1991. The Inspectorate's prosecution policy was outlined in the Chief Inspector's Annual Report of 1994 and includes rejection of the water for drinking, cooking and food production on aesthetic grounds (ie discoloured water).
3. The Inspectorate's position, based on consistent legal advice over the years, is that water unfit for human consumption is not defined in the Act and it is a matter for the court to decide on a case by case basis. To date there have been 15 cases brought for discoloured water for which water companies have pleaded guilty, the most recent being in August. There have also been two cautions.
4. The Drinking Water Inspectorate has laid charges against Yorkshire Water Services Limited for allegedly supplying water unfit for human consumption during seven incidents involving the supply of discoloured water in 1997 and 1998. The seven incidents are:- West Leeds, March 1997;Redmires (West Sheffield) December 1997; Sheepscar, Leeds, May 1998; Drighlington, near Bradford, July 1998; Idle Hill, Bradford, July 1998; Addingham, near Ilkley, August 1998 and Marton-cum-Grafton, near Boroughbridge, November 1998.
5. Yorkshire Water Services Limited is challenging whether water that is so discoloured that consumers reject it for drinking, but not unhealthy, can be defined as unfit.
6. The Drinking Water Inspectorate was set up in January 1990. Its main task is to check that water companies in England and Wales supply wholesome drinking water and in doing so comply with the requirements of the Water Supply (Water Quality) Regulations 1989.
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Updated 11 July 2001
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