Press Notice 0060
28 January 2000Drinking Water Inspectorate:
Yorkshire Water Services face trial over water unfit for human consumption alligationsYorkshire Water are to be tried for seven cases of allegedly supplying water unfit for human consumption following a Plea and Directions hearing at Leeds Crown Court yesterday (January 27).
The trial is scheduled to start on 4 December at Leeds Crown Court and is expected to last around three weeks. A hearing to discuss legal arguments will start on 2 May.
The seven cases relate to discoloured water incidents in 1997 and 1998 at a number of locations across Yorkshire and the Humber.
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 trial follows an unsuccessful attempt last year by Yorkshire Water to challenge the criteria adopted by the Drinking Water Inspectorate for defining water unfit for human consumption. This was not upheld by the Leeds Metropolitan Stipendiary Magistrate who ruled that there had been no abuse of process.
Yorkshire Water made two unsuccessful applications for leave to apply for judicial review of the Magistrate's decision in the High Court in London on 15 December. The Company was ordered to pay a total of £3,000 costs.
At an earlier hearing today in Leeds Magistrates Court, the magistrate, who had earlier made an Order for costs of £49,202, set aside the Order on the basis that she had no power to make it. The issue of costs will be considered at the conclusion of the Crown Court hearings.
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 what water unfit for human consumption is.
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 is that water unfit for human consumption, which is not defined in the Act, is a matter for the court to decide on a case by case basis. To date there have been 19/20 cases brought for discoloured water for which water companies have pleaded, or been found, guilty. 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 has challenged whether water that is so discoloured that consumers reject it for drinking, but not unsafe, can be defined as unfit. On 25 October 1999 Mrs Hewitt, the Stipendiary Magistrate at Leeds Magistrates' Court, rejected their application for a stay of proceedings.
6. The Company then made two applications for a stay of proceedings at the High Court in London on 9 December 1999. Both applications were unsuccessful and total costs of £3,000 were awarded to the Inspectorate.
7. 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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Drinking Water Inspectorate,
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Updated 11 July 2001
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