The Water Quality (Scotland) Regulations 2010

Made: 11th March 2010

Laid before the Scottish Parliament: 12th March 2010

Coming into force: 20th April 2010

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and sections 76B, 76F(5) to (8), 76J, 101(1) and (1A) and 109(1) of the Water (Scotland) Act 1980 and all other powers enabling them to do so.

Citation, commencement and interpretation

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• (1) These Regulations may be cited as the Water Quality (Scotland) Regulations 2010 and come into force on 20th April 2010.

• (2) In these Regulations—

• “the 1980 Act” means the Water (Scotland) Act 1980 ;

• “the 2001 Regulations” means the Water Supply (Water Quality) (Scotland) Regulations 2001 ; and

• “the 2006 Regulations” means the Private Water Supplies (Scotland) Regulations 2006 .

Amendment of the Water (Scotland) Act 1980

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After section 76F of the 1980 Act (general functions of local authorities in relation to water quality), insert—

(1) A local authority must immediately investigate to determine the cause of a “relevant water quality issue”, being an issue relating to water quality which— (a) affects premises where water is supplied to the public (such as schools, hospitals and restaurants) within the area of the local authority; (b) is attributable to the domestic distribution system (within the meaning of Article 2.2 of Council Directive 98/83/EC on the quality of water intended for human consumption) of those premises, or to the maintenance of that system; and (c) requires, or would require, notification to the Scottish Ministers under— (i) regulation 17(5) of the Water Supply (Water Quality) (Scotland) Regulations 2001 (SSI 2001/207); (ii) regulation 18(2) of those Regulations; (iii) regulation 17(3) of the Private Water Supplies (Scotland) Regulations 2006 (SSI 2006/209); or (iv) regulation 18(2) of those Regulations. (2) On completion of the investigation mentioned in subsection (1) above the local authority must, as soon as possible, report the findings of the investigation to the Scottish Ministers. (3) A report under subsection (2) above must set out— (a) what, in the opinion of the local authority, is the cause of the relevant water quality issue; (b) whether, in the opinion of the local authority, the relevant water quality issue constitutes a potential risk to human health; and (c) any steps which the local authority intend to require by notice under section 76FB. (4) On receipt of a report under subsection (2) above the Scottish Ministers may, in relation to the relevant water quality issue, give the local authority a direction as to the exercise of their functions under sections 76FA to 76FC. (5) In particular, a direction under subsection (4) above may— (a) specify any advice which the local authority must require to be given to consumers in relation to the relevant water quality issue by notice under section 76FB(3)(d) below; (b) specify any steps which the local authority must require to be taken under section 76FB(3)(b) and (e) below; and (c) specify the period which the local authority must require under section 76FB(3)(c) below. (6) A local authority must comply with a direction given under subsection (4) above. (7) Where a local authority conduct an investigation under subsection (1) above (and the investigation confirms the existence of a relevant water quality issue) the authority may recover the expenses reasonably incurred by the authority in conducting that investigation from the responsible person. (1) This section applies where a local authority have completed an investigation under section 76FA(1) above. (2) A local authority must serve a notice on the person who owns or is otherwise responsible for the domestic distribution system of the premises affected by the relevant water quality issue (the “responsible person”) for the purposes of ensuring a wholesome supply and protecting human health. (3) A notice served under this section must— (a) give particulars of the relevant water quality issue in respect of which the notice is served; (b) specify any steps which the local authority require to be taken for the purposes of ensuring a wholesome supply and protecting human health; (c) specify a period for the performance of each step; (d) specify the advice (if any) which the local authority require the responsible person to communicate to consumers of the supply; (e) specify any steps which the local authority require to be taken for the purpose of communicating such advice; (f) specify a period ending not less than 28 days after the day on which the notice is served within which any representations or objections with respect to the notice must be received by the local authority; and (g) state the effect in relation to that notice of section 76FC below. (4) Where the local authority consider that a relevant water quality issue (including a relevant water quality issue relating to an indicator parameter) constitutes a potential risk to human health, the local authority must— (a) require the taking of such steps under subsection (3)(b) above as the authority consider necessary to protect human health; and (b) require advice to be given to consumers under subsection (3)(d). (5) In requiring the taking of such steps as may be necessary to comply with subsection (4)(a) above, the local authority and the Scottish Ministers must take into account the risks to human health which would be caused by an interruption of the supply or a restriction in the use of water intended for human consumption (within the meaning of Article 2.1 of Council Directive 98/83/EC on the quality of water intended for human consumption). (6) The provisions of section 76G(3) below shall have effect in relation to notices served under this section and the reference to a “relevant person” in that subsection shall be construed as a reference to a “responsible person” for the purposes of this section. (7) Once the period specified for performance of a step required by a notice under this section has expired, a local authority must notify the Scottish Ministers as soon as possible of any actions taken by the responsible person and the local authority pursuant to, or in consequence of, the requirement to take the step. (8) Unless a local authority consider a relevant water quality issue to be of a trivial nature, the authority must take such steps as the authority consider necessary to ensure that consumers are notified of any remedial action taken under, or pursuant to, a notice served under this section. (9) In this section “indicator parameter” means a parameter listed in— (a) Part II of Table B in Schedule 1 to the Water Supply (Water Quality) (Scotland) Regulations 2001 (SSI 2001/207); (b) Schedule 2 to those Regulations; (c) Part II of Table B in Schedule 1 to the Private Water Supplies (Scotland) Regulations 2006 (SSI 2006/209); or (d) Table C in Schedule 1 to those Regulations. (1) The provisions of section 76H(1) to (10) below shall have effect in relation to notices served under section 76FB above subject to the modifications set out in subsection (2) below. (2) The modifications to section 76H are— (a) subsections (3)(c), (5)(b) and (5A) do not apply; (b) for “76G” in each place where it occurs substitute “ 76FB ”; (c) for “relevant person” in both places where it occurs substitute “ responsible person ”; (d) for “76G(2)(c) and (d)” in both places where it occurs substitute “ 76FB(3)(f) and (g) ”; and (e) in subsection (5)(a), omit the words “, except where the case is one to which paragraph (b) below applies,”. (3) Any responsible person on whom a notice is served under section 76FB above, who fails without reasonable excuse to take any step as specified in the notice within the period so specified shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

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In section 76L of the 1980 Act (interpretation etc. of Part VIA)—

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• (b) after the definition of “private supply” insert—

• “relevant water quality issue” has the meaning given by section 76FA(1) above;
• “responsible person” has the meaning given by section 76FB(2) above;

Amendment of the Water Industry (Scotland) Act 2002

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In section 11 of the Water Industry (Scotland) Act 2002 (enforcement notices: further provisions), after subsection (7) insert—

(7A) Where a public water supplier has rectified the contravention specified in an enforcement notice, the Regulator must publish (or arrange for the publication of) information to this effect, in such a manner as the Regulator thinks appropriate for bringing it to the attention of persons affected, or who may have been affected, by the contravention.

Amendment of the Water Supply (Water Quality) (Scotland) Regulations 2001

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Amendment of the Private Water Supplies (Scotland) Regulations 2006

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After regulation 5 of the 2006 Regulations, insert—

(5A) Where a relevant person disinfects a private water supply for human consumption purposes, the relevant person must— (a) where necessary, subject the water to sufficient preliminary treatment to prepare the water for disinfection; and (b) design, operate and maintain the disinfection process so as to keep disinfection by-products as low as possible without compromising the performance of the disinfection process.

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In regulation 34 of the 2006 Regulations (register of private water supplies) after paragraph (1)(i) insert—

(ia) any enforcement notices served by the authority in relation to the supply under section 76FB of the 1980 Act (whether or not confirmed by the Scottish Ministers under section 76FC of that Act), including— (i) the particulars of the person on whom the notice was served (ii) the date of service of the notice; (iii) the matters specified in subsection (3) of section 76FB;

Signed

R CUNNINGHAM — Authorised to sign by the Scottish Ministers — 2010-03-11

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46) Schedule 8, paragraph 15(3); the Legislative Regulatory Reform Act 2006 (c.51) section 27(1); and the European Union Amendment Act 2008 (c.7) section 3 and Part 1 of the Schedule. The functions conferred on the Minister of the Crown under section 2(2) of the European Communities Act 1972 were, insofar as within devolved competence, transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).

[^f00002]: 1980 c.45. Sections 76B, 76F and 76J were inserted by the Water Act 1989 (c.15), Schedule 22. Sections 76B and 76F were relevantly amended by the Food Safety Act 1990 (c.16) section 56 and by the Water Industry (Scotland) Act 2002 (asp3) schedule 6, paragraphs 50 and 54 respectively. Section 101(1A) was inserted by the Natural Heritage (Scotland) Act 1991 (c.28), Schedule 10, paragraph 9(5). Section 109(1) contains a definition of “prescribed” relevant to the exercise of the statutory powers under which these Regulations are made. The relevant functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).

[^f00003]: 1980 c.45.

[^f00004]: S.S.I. 2001/207.

[^f00005]: S.S.I. 2006/209.

[^f00006]: 2002 asp3.

[^f00007]: O.J. L 330, 5.12.98, p.32.

[^f00008]: S.S.I. 2001/207.

[^f00009]: S.S.I. 2006/209.

[^f00010]: S.S.I. 2006/210.

[^f00011]: S.S.I. 2006/297.

[^f00012]: 1980 c.45.

[^f00013]: 2002 asp.3.

Amendment of the Water Industry (Scotland) Act 2002

Amendment of the Water Supply (Water Quality) (Scotland) Regulations 2001

Amendment of the Private Water Supplies (Scotland) Regulations 2006

Editorial notes

[^c20192661]: 1972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46) Schedule 8, paragraph 15(3); the Legislative Regulatory Reform Act 2006 (c.51) section 27(1); and the European Union Amendment Act 2008 (c.7) section 3 and Part 1 of the Schedule. The functions conferred on the Minister of the Crown under section 2(2) of the European Communities Act 1972 were, insofar as within devolved competence, transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).

[^c20192671]: 1980 c.45. Sections 76B, 76F and 76J were inserted by the Water Act 1989 (c.15), Schedule 22. Sections 76B and 76F were relevantly amended by the Food Safety Act 1990 (c.16) section 56 and by the Water Industry (Scotland) Act 2002 (asp 3) schedule 6, paragraphs 50 and 54 respectively. Section 101(1A) was inserted by the Natural Heritage (Scotland) Act 1991 (c.28), Schedule 10, paragraph 9(5). Section 109(1) contains a definition of “prescribed” relevant to the exercise of the statutory powers under which these Regulations are made. The relevant functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).

[^c20192681]: 1980 c.45.

[^c20192691]: S.S.I. 2001/207.

[^c20192701]: S.S.I. 2006/209.

[^c20192711]: 2002 asp 3.

[^c20192721]: O.J. L 330, 5.12.98, p.32.

[^c20192731]: S.S.I. 2001/207.

[^c20192741]: S.S.I. 2006/209.

[^c20192751]: S.S.I. 2006/210.

[^c20192761]: S.S.I. 2006/297.

[^c20192771]: 1980 c.45.

[^c20192781]: 2002 asp.3.