Water (Jersey) Law 1972 was inserted by the Water (Amendment No. 2) (Jersey) Law 2003

​Request 838273473

Article 11 of the Water (Jersey) Law 1972 was inserted by the Water (Amendment No. 2) (Jersey) Law 2003. Article 10 requires yearly monitoring from 2005 onward. Article 11(3) requires Jersey Water to immediately notify the Minister in writing if it becomes aware of any factor making it more likely that a risk assessment will establish a potential danger to human health from any microorganism, parasite, or substance in water supplied or to be supplied for domestic purposes. 

Using the time permitted under the FOI Law, please provide the following information held sequentially by year, starting with 2005, then 2006, then 2007, and continuing year by year up to the present, progressing as time permits. For each year in turn, please state: 

1. How many written notifications Jersey Water made to the Minister under Article 11(3) of the Water (Jersey) Law 1972. 

If further time permits, for each year in turn, please provide: 

2. A copy of each Article 11(3) notification, report, or written record for that year. 

If further time permits, for each year in turn, please provide: 

3. Any written response from the Minister to each notification. 

If no Article 11(3) notifications are held for a particular year, please state: 

[Year] — no Article 11(3) notifications held.

Response

1, 2 and 3

Under the Freedom of Information (Jersey) Law 2011 (“the Law”), a Scheduled Public Authority (SPA) may refuse to supply information if it estimates that the cost of doing so would exceed the amount prescribed by the relevant Regulations.

In this case it is considered that the time taken to:

(a) determine whether the scheduled public authority holds the information;

(b) locate the information, or a document which may contain the information;

(c) retrieve the information, or a document which may contain the information; and

(d) extract the information requested,

would exceed the amount / time limit provided for such matters under the Regulations. Accordingly, Freedom of Information (Jersey) Law 2011, Article 16 has been applied.

Article applied

16 A scheduled public authority may refuse to supply information if cost excessive

(1) A scheduled public authority that has been requested to supply information may refuse to supply the information if it estimates that the cost of doing so would exceed an amount determined in the manner prescribed by Regulations.[2]

(2) Despite paragraph (1), a scheduled public authority may still supply the information requested on payment to it of a fee determined by the authority in the manner prescribed by Regulations for the purposes of this Article.

(3) Regulations may provide that, in such circumstances as the Regulations prescribe, if two or more requests for information are made to a scheduled public authority –

(a) by one person; or

(b) by different persons who appear to the scheduled public authority to be acting in concert or in pursuance of a campaign,

the estimated cost of complying with any of the requests is to be taken to be the estimated total cost of complying with all of them.