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The Public Water Supplies (Scotland) Regulations 2014

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2014, ISBN 9780111024782

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before the Scottish Parliament under paragraphs 2 and 2A(1), (2)(a) and (3)(a) of Schedule 2 to the European Communities Act 1972, for approval by resolution of the Scottish Parliament.

Water Supply

Made 2014

Coming into force 1st January 2015

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 76A(3)(b), 76B, 76F(5) and (6), 76J, 101(1) and (1A) and 109(1) of the Water (Scotland) Act 1980f1, section 56(1) and (2) of the Finance  Act  1973f2 and section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972f3 and of all other powers enabling them to do sof4.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972, and it appears to the Scottish Ministers that it is expedient for the reference in regulation 33(2) to Directive 98/34/EC of the European Parliament and of the Council laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society servicesf5 to be construed as a reference to that instrument as amended from time to time.

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 safetyf6.

In accordance with paragraphs 2, 2A(1), (2)(a) and (3)(a) in Schedule 2 to, the European Communities Act 1972f7, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Annotations to the whole text

Footnotes

f1

1980 c.45. Sections 76A(3)(b), 76B, 76F(5) and (6) and 76J were inserted by section 168 of, and Schedule 22 to, the Water Act 1989 (c.15). Section 76A(3)(b) was amended by paragraph 49 of schedule 6 to the Water Industry (Scotland) Act 2002 (asp 3). 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. Section 76F(5) and (6) was amended by paragraph 119(42) of Schedule 13 to the Local Government etc. (Scotland) Act 1994 (c.39). Section 76J was amended by paragraph 119(45) of Schedule 13 to the Local Government etc. (Scotland) Act 1994 (c.39). 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). 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).

f2

1973 c.51. Section 56(1) of the Finance  Act  1973 was amended by S.I. 2011/1043. The powers in section 56(1) and (2) of that Act are exercised in relation to regulation 33(12) to enable the Scottish Ministers to determine the amount of any charge to be paid. The reference to a Government department in section 56(1) of that Act is to be read as a reference to the Scottish Administration by virtue of article 2(2) of S.I. 1999/1820 and the functions of the Minister were, so far as within devolved competence, transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46). The requirement to obtain the consent of the Treasury was removed by section 55 of the Scotland Act 1998.

f3

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) (“the 2008 Act”), Schedule, Part 1. Paragraph 1A of Schedule 2 was inserted by the 2006 Act, section 28 and amended by the 2008 Act, 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.

f4

The powers to make these Regulations are exercised together by virtue of section 33(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10). These Regulations are subject to the affirmative procedure by virtue of section 33(3) of that Act.

f5

OJ L 204, 21.7.1998, p.37, amended by Directive 98/48/EC (OJ L 217, 5.8.1998, p.18), Council Directive 2006/96/EC (OJ L 363, 20.12.2006, p 81) and Regulation (EU) No 1025/2012 (OJ L 316, 14.11.2012, p.12).

f6

OJ L 31, 1.2.2002, p.1, to which there are no relevant amendments to Article 9.

f7

Paragraphs 2(2) and 2A(1), (2)(a) and (3)(a) have been modified by paragraph 5 of schedule 3 to the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10).

Contents

  1. Part 1: GENERAL
  2. 1Citation, commencement, extent and application
  3. 2Interpretation
  4. Part 2: WATER SUPPLY ZONES
  5. 3Water supply zones
  6. Part 3: WHOLESOMENESS OF PUBLIC WATER SUPPLIES
  7. 4Wholesomeness: public water supplies
  8. Part 4: MONITORING OF PUBLIC WATER SUPPLIES
  9. 5Application and interpretation
  10. 6Monitoring: general provisions
  11. 7Random samples from consumers’ taps
  12. 8Authorisation of samples from alternative points
  13. 9Numbers of samples
  14. 10Additional sampling
  15. 11Sampling at treatment works
  16. 12Sampling at service reservoirs
  17. 13Sampling: water supplied by tanker
  18. 14Sampling: new sources
  19. 15Collection and analysis of samples
  20. Part 5: DRINKING WATER PROTECTED AREAS
  21. 16Drinking water abstraction points: monitoring sites
  22. Part 6: INVESTIGATION AND REMEDIAL ACTION
  23. 17Scottish Water to investigate immediately any failure or likely failure
  24. 18Scottish Water to notify immediately any potential danger to human health
  25. 19Scottish Water to report on its investigation etc.
  26. 20Scottish Water to restore water quality
  27. 21Scottish Water to protect human health
  28. 22Powers to require further action by Scottish Water
  29. 23Power to direct local authorities in relation to domestic distribution systems
  30. Part 7: AUTHORISATION OF TEMPORARY DEPARTURES
  31. 24Authorisation of temporary supply of water that is not wholesome
  32. 25Authorisations: terms and conditions
  33. 26Authorisations: other limitations
  34. 27Authorisations: publicity
  35. 28Authorisations: revocation and modification
  36. Part 8: TREATMENT, RISK ASSESSMENT AND CONTAMINATION FROM PIPES
  37. 29Treatment of raw water
  38. 30Risk assessment of each treatment works and its connected supply system
  39. 31Procedure following risk assessment and prohibition of supply
  40. 32Copper and lead contamination from pipes
  41. Part 9: CONTROLS ON SUBSTANCES, PRODUCTS AND PROCESSES
  42. 33Application and introduction of substances and products
  43. 34Use of processes
  44. Part 10: OFFENCES: PARTS 8 AND 9
  45. 35Offences
  46. 36Offences by bodies corporate
  47. Part 11: RECORDS AND INFORMATION
  48. 37Maintenance of records
  49. 38Notification of health risk events
  50. 39Publication of information
  51. Part 12: SCOTTISH WATER: INCIDENTAL POWERS
  52. 40Power to enter
  53. 41Entry warrants
  54. 42Approved persons
  55. 43Taking steps
  56. 44Obstruction offence
  57. 45Compensation
  58. Part 13: SCOTTISH MINISTERS: ENFORCEMENT POWERS
  59. 46Powers of the Scottish Ministers on default of Scottish Water
  60. Part 14: LOCAL AUTHORITY FUNCTIONS: PUBLIC WATER SUPPLIES
  61. 47Local authority functions in relation to public water supplies
  62. Part 15: CONSEQUENTIAL AMENDMENTS AND REVOCATIONS
  63. 48Amendment of the Water (Scotland) Act 1980
  64. 49Amendment of the Building (Scotland) Act 2003
  65. 50Revocations
  66. Part 16: TRANSITIONAL PROVISIONS
  67. 51Water supply zones
  68. 52Authorised departures
  69. Signature
  70. Schedule 1PRESCRIBED CONCENTRATIONS AND VALUES
  71. Schedule 2MONITORING
  72. Schedule 3ANALYSIS: METHODS AND CAPABILITIES
  73. Explanatory note