News Release 477:
14 July 2000Forthcoming court announcement
Date Court Defendant Case 18 July 2000. Leeds
Crown
Court
Yorkshire
Water Services
Limited
Hearing of legal arguments for allegedly supplying water unfit for human consumption contrary to s.70(1) of the Water Industry Act 1991 Notes to editors
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. Yorkshire Water Services Limited challenged whether water that is unpalatable but not unhealthy can be defined as unfit. Following a hearing at Wetherby Magistrates' Court in September 1999, the Stipendiary Magistrate refused to stay the proceedings as an abuse of process. The Company then appealed unsuccessfully to the High Court and was committed for trial at Leeds Magistrates' Court on 16 December. Details of the seven cases remain sub judice.
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. The Inspectorate's position, based on consistent legal advice over the years, is that it is a matter for the court to decide on a case by case basis.
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).
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,
Floor 2/A1, Ashdown House,
123 Victoria Street,
London, SW1E 6DE
Telephone : 020 7944 5956
Facsimile : 020 7944 5969
E-mail: dwi_enquiries@detr.gov.uk
Updated 11 July 2001
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