69H All practicable steps

(1)

In this Part, all practicable steps, in relation to the achievement of any particular result by a person, means all steps to achieve that result that it is reasonably practicable to take in the circumstances, taking into account and weighing up all relevant matters, including—

(a)

the nature and severity of the harm that may be suffered if the result is not achieved; and

(b)

the current state of knowledge about the likelihood that harm of that nature and severity will be suffered if the result is not achieved; and

(c)

the current state of knowledge about harm of that nature; and

(d)

the current state of knowledge about the means available to achieve the result, and about the likely efficacy of each; and

(e)

their availability; and

(f)

their affordability, in light of the person’s financial position.

(2)

To avoid doubt, a person required by this Part to take all practicable steps is required to take those steps only in respect of circumstances that the person knows or ought reasonably to know about.

(3)

A person who wishes to rely on subsection (1)(f) as a reason for not taking any step or steps to achieve a result—

(a)

must keep a full and complete record of that person’s financial position and those of any associated person (as defined in section YA 1 of the Income Tax Act 2007); and

(b)

must, as soon as practicable and in any event not more than 28 days after being so requested by a drinking-water assessor or designated officer,—

(i)

produce evidence that the step or steps are not affordable, including a copy of the records referred to in paragraph (a); and

(ii)

justify to the assessor or officer why it was not practicable to take the step or steps.

Section 69H: replaced, on 1 August 2019, by section 5 of the Health (Drinking Water) Amendment Act 2019 (2019 No 41).