The Private and Public Water Supplies (Miscellaneous Amendments) (Scotland) Regulations 2015

Made: 29th September 2015

Laid before the Scottish Parliament: 1st October 2015

Coming into force: 28th November 2015

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

There has been a consultation as required by Article 9 of Regulation (EC) No 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety .

PART 1 — General

Citation, commencement and extent

1

• (1) These Regulations may be cited as the Private and Public Water Supplies (Miscellaneous Amendments) (Scotland) Regulations 2015 and come into force on 28th November 2015.

• (2) These Regulations extend to Scotland only.

Interpretation

2

In these Regulations—

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

• “the 2014 Regulations” means the Public Water Supplies (Scotland) Regulations 2014 .

PART 2 — Amendment of Private Water Supplies (Scotland) Regulations 2006

Amendment of regulation 2

3

In regulation 2(1) (interpretation) of the 2006 Regulations, after the definition of “state” insert—

“total indicative dose” means the committed effective dose for one year of ingestion resulting from all radionuclides whose presence has been detected in a supply of water intended for human consumption purposes, of natural and artificial origin, but excluding tritium, potassium-40, radon and short-lived radon decay products;

Insertion of regulation 5B

4

After regulation 5A (duty of relevant person in relation to disinfection) of the 2006 Regulations insert—

(5B) Where a relevant person, in the preparation or distribution of a private water supply for human consumption purposes, applies any substance or product to, or introduces any substance or product into, the water which is to be supplied for those purposes, the person must take all measures necessary to ensure that, in doing so, the water supplied does not, at its point of use, contain the substance or product, or any impurity associated with the substance or product, at a concentration or value which would make the water unwholesome.

Amendment of regulation 21

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of regulation 22

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of regulation 24

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of Schedule 1

8

In Schedule 1 (prescribed concentrations and values) to the 2006 Regulations—

• (a) in Part II (national requirements) of Table B (chemical parameters), omit the entries for—

• (i) item 3 (hydrogen ion);

• (ii) item 6 (odour); and

• (iii) item 9 (taste);

• (b) in Table C (indicator parameters)—

• (i) in the heading for column (3), after “maximum” insert “ unless otherwise stated ”;

• (ii) after the entry for item 5 (colony count) insert—

5A.	Colour	Acceptable to consumers and no abnormal change

• (iii) after the entry for item 6 (conductivity) insert—

6A.	Hydrogen ion	9.56.5 (minimum)	pH value
6B.	Odour	Acceptable to consumers and no abnormal change
6C.	Radon (for radioactivity)(ii)	100	Bq/l

• (iv) after the entry for item 7 (sulphate) insert—

7A.	Taste	Acceptable to consumers and no abnormal change

• (v) after the entry for item 10 (tritium) insert—

10A.	Turbidity	Acceptable to consumers and no abnormal change

• (vi) in the entry for item 8 (total indicative dose), omit “(ii)” and “/year”; and

• (vii) in the entry for item 10 (tritium), after “(for radioactivity)” insert “ (iii) ”; and

• (c) in the notes to Table C, for note (ii) substitute—

(ii) Remedial action is to be deemed justified on radiological protection grounds, without further consideration, where radon concentrations exceed 1,000 Bq/l. (iii) If the concentration of tritium exceeds this value, an analysis of the presence of other artificial radionuclides must be also carried out by Scottish Water.

Amendment of Schedule 2

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Insertion of Schedule 2A

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of Schedule 3

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Insertion of Schedule 5A

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 3 — Amendment of Public Water Supplies (Scotland) Regulations 2014

Amendment of regulation 2

13

In regulation 2(1) (interpretation) of the 2014 Regulations, after the definition of “human consumption purposes” insert—

“indicative dose” means the committed effective dose for one year of ingestion resulting from all radionuclides whose presence has been detected in a supply of water intended for human consumption purposes, of natural and artificial origin, but excluding tritium, potassium-40, radon and short-lived radon decay products;

Amendment of regulation 6

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of regulation 9

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of Schedule 1

16

In Schedule 1 (prescribed concentrations and values) to the 2014 Regulations—

• (a) in Part 2 of Table C (indicator parameters)—

• (i) in the entry for item 14 (indicative dose), omit “/year”;

• (ii) after that entry, insert—

14A.	Radon(e)	100	Bq/l	Supply point(b)

; and

• (iii) in the entry for item 15 (tritium), after “Tritium” insert “ (f) ”;

• (b) in the notes to Table C, after the note for “(d)” insert—

(e) Remedial action is to be deemed justified on radiological protection grounds, without further consideration, where radon concentrations exceed 1,000 Bq/l. (f) If the concentration of tritium exceeds this value, an analysis of the presence of other artificial radionuclides must be also carried out by Scottish Water.

; and

• (c) after Table C (and the notes to that table), omit the definition of “Indicative dose”.

Amendment of Schedule 2

17

In Schedule 2 (monitoring) to the 2014 Regulations—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) after Table 4, in the final paragraph, omit “ “Indicative dose”,”.

Insertion of Schedule 2A

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Insertion of Schedule 3A

19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signed

AILEEN McLEOD — Authorised to sign by the Scottish Ministers — 2015-09-29

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1980 c.45. Sections 76B, 76F(5) and (6) and 76J were inserted by section 168 of, and Schedule 22 to, the Water Act 1989 (c.15) and section 76F(7) and (8) was inserted by section 114 of the Local Government etc. (Scotland) Act 1994 (c.39) (“the 1994 Act”). Section 76B was amended by section 56(2) of the Food Safety Act 1990 (c.16) and paragraph 50 of schedule 6 to the Water Industry (Scotland) Act 2002 (asp 3). Section 76F(5) was amended by paragraph 119(42) of Schedule 13 to the 1994 Act. Section 76J was amended by paragraph 119(45) of Schedule 13 to the 1994 Act. Section 101(1A) was inserted by section 27(1) of, and paragraph 9(5) of Schedule 10 to, the Natural Heritage (Scotland) Act 1991 (c.28). Section 109(1) contains a definition of “prescribed” relevant to the exercise of the statutory powers under which these Regulations are made. The definition of “prescribed” in section 109(1) was amended by paragraph 38(f) of Schedule 11 to the Local Government Finance Act 1992 (c.14).

[^f00002]: 1972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46) (“the 1998 Act”), Schedule 8, paragraph 15(3) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”)). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and by the European Union (Amendment) Act 2008 (c.7), Schedule, Part 1. The functions conferred upon the Minister of the Crown under section 2(2), insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act. Section 2(2) is cited to enable provision in relation to the matters listed in the penultimate paragraph of the explanatory note to these Regulations.

[^f00003]: OJ L 31, 1.2.2002, p.1, to which there are no relevant amendments to Article 9.

[^f00004]: S.S.I. 2006/209, amended by S.S.I. 2010/95 and S.S.I. 2014/364.

[^f00005]: S.S.I. 2014/364, amended by S.S.I. 2015/100.

[^f00006]: Regulation 5A was inserted by S.S.I. 2010/95.

[^f00007]: OJ L 159, 29.6.1996, p. 1, as amended by Corrigendum (OJ L 314, 4.12.1996, p. 20).

[^f00008]: Table (A) lays down ingestion dose coefficients for members of the public.

[^f00009]: OJ L 159, 29.6.1996, p. 1., as amended by Corrigendum (OJ L 314, 4.12.1996, p. 20).

[^f00010]: Table (A) lays down ingestion dose coefficients for members of the public.

[^f00011]: OJ L 296, 7.11.2013, p.12.

[^f00012]: OJ L 330, 5.12.1998, p.32, amended by Corrigendum (OJ L 111, 20.4.2001, p.31), Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p.1) and Regulation (EC) No 596/2009 (OJ L 188, 18.7.2009, p.14).

Editorial notes

[^c22593801]: 1980 c.45. Sections 76B, 76F(5) and (6) and 76J were inserted by section 168 of, and Schedule 22 to, the Water Act 1989 (c.15) and section 76F(7) and (8) was inserted by section 114 of the Local Government etc. (Scotland) Act 1994 (c.39) (“the 1994 Act”). Section 76B was amended by section 56(2) of the Food Safety Act 1990 (c.16) and paragraph 50 of schedule 6 to the Water Industry (Scotland) Act 2002 (asp 3). Section 76F(5) was amended by paragraph 119(42) of Schedule 13 to the 1994 Act. Section 76J was amended by paragraph 119(45) of Schedule 13 to the 1994 Act. Section 101(1A) was inserted by section 27(1) of, and paragraph 9(5) of Schedule 10 to, the Natural Heritage (Scotland) Act 1991 (c.28). Section 109(1) contains a definition of “prescribed” relevant to the exercise of the statutory powers under which these Regulations are made. The definition of “prescribed” in section 109(1) was amended by paragraph 38(f) of Schedule 11 to the Local Government Finance Act 1992 (c.14).

[^c22593811]: 1972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46) (“the 1998 Act”), Schedule 8, paragraph 15(3) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”)). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and by the European Union (Amendment) Act 2008 (c.7), Schedule, Part 1. The functions conferred upon the Minister of the Crown under section 2(2), insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act. Section 2(2) is cited to enable provision in relation to the matters listed in the penultimate paragraph of the explanatory note to these Regulations.

[^c22593821]: OJ L 31, 1.2.2002, p.1, to which there are no relevant amendments to Article 9.

[^c22593831]: S.S.I. 2006/209, amended by S.S.I. 2010/95 and S.S.I. 2014/364.

[^c22593841]: S.S.I. 2014/364, amended by S.S.I. 2015/100.

[^c22593851]: Regulation 5A was inserted by S.S.I. 2010/95.

[^c22593901]: OJ L 296, 7.11.2013, p.12.

[^c22593911]: OJ L 330, 5.12.1998, p.32, amended by Corrigendum (OJ L 111, 20.4.2001, p.31), Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p.1) and Regulation (EC) No 596/2009 (OJ L 188, 18.7.2009, p.14).

[^key-eeb3054db8583b8186a110eb6e67995a]: Regs. 5-7 revoked (27.10.2017) by The Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017 (S.S.I. 2017/282), reg. 1(1), sch. 10 para. 4(c) (with reg. 2)

[^key-2595a38bcee5615b9b3afa5117ef1baa]: Regs. 9-12 revoked (27.10.2017) by The Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017 (S.S.I. 2017/282), reg. 1(1), sch. 10 para. 4(c) (with reg. 2)

[^key-7c2219d5fafff53aa582d2ba87a8bba4]: Reg. 14 revoked (27.10.2017) by The Public Water Supplies (Scotland) Amendment Regulations 2017 (S.S.I. 2017/281), regs. 1(1), 12

[^key-35e3f9be691ac25495caed0c1a147050]: Reg. 17(a)(b) revoked (27.10.2017) by The Public Water Supplies (Scotland) Amendment Regulations 2017 (S.S.I. 2017/281), regs. 1(1), 12