Joint Committee on Statutory Instruments Twenty-Second Report


Memorandum by the Department of the Environment, Transport and the Regions


  (S.I. 2000/1297)

  1. The Committee has asked for a memorandum on the following point—

    Identify the provision in the Regulations (or elsewhere if it appears elsewhere) which gives effect to the judgment of the European Court of Justice, in paragraph 29 of the judgment in Case C-340/96, so far as that paragraph calls for the relevant undertakings (in compliance with Council Directive 80/778/EEC) to include "where appropriate, the information to be given to the population groups concerned."

  2. Regulation 4 specifies the information which must be included in an undertaking. It ensures that much more information is now included than was previously the case.

  3. Section 19(3)(b) of the Water Industry Act 1991 requires appropriate publicity to be given to inform population groups concerned when an undertaking is accepted.

  4. Section 195 of the Water Industry Act 1991 ensures that full details of the terms of any undertaking may be obtained free of charge by inspecting the public register of the Director General of Water Services during normal office hours. Copies may be taken on payment of the requisite fee. (See S.I. 1989/1154 and paragraph 1(1) of Part I of Schedule 2 to the Water Consolidation (Consequential Provisions) Act 1991 c.60.)

  5. Not that regulation 5(b) ensures that an undertaking can only be accepted if there is no potential danger to public health. Consequently, there are no health risks to warn the population about and the only information which it is appropriate to provide is the information obtainable by virtue of the provisions mentioned in paragraphs 2 to 4 above. Those are the provisions which taken together give effect to the relevant portion of the judgment of the European Court of Justice.

30th May 2000

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