Regulation 31 Procedure following risk assessment and prohibition of supply

Scotland

(1)

As soon as reasonably practicable after Scottish Water has carried out a risk assessment, or a review of a risk assessment, under regulation 30, it must submit to the F1Drinking Water Quality Regulator for Scotland a copy of the risk assessment F2and, as the case may be, the review.

(2)

Where the assessment or review establishes that there is a significant risk of supplying unwholesome water, Scottish Water must, as soon as reasonably practicable, prepare and submit to the F3Drinking Water Quality Regulator for Scotland a report that—

(a)

contains a full explanation including details of every property, organism or substance that has been identified as contributing to the risk; and

(b)

specifies the measures to mitigate the risk that Scottish Water—

(i)

has made operational as at the date of the report; and

(ii)

intends to make operational.

(3)

Where the F4Drinking Water Quality Regulator for Scotland has received a report which states that there is or has been a significant risk of supplying unwholesome water, F5the Regulator may, by notice given to Scottish Water, require it—

(a)

to maintain such specified measures for such period of time as F6the Regulator considers appropriate to mitigate the risk;

(b)

to review, revise or make operational such specified measures by such date as F7the Regulator considers appropriate to mitigate the risk;

(c)

to audit whether the measures have been effective by such means as may be specified;

(d)

not to supply water for human consumption purposes from specified treatment works or supply systems, or not to so supply water unless specified conditions are satisfied; and

(e)

to give the F8Drinking Water Quality Regulator for Scotland such information as F9the Regulator may require to monitor progress towards mitigation of that risk.

(4)

In paragraph (3), “specified” means specified in the notice given under that paragraph.

(5)

The F10Drinking Water Quality Regulator for Scotland may, by notice given to Scottish Water, revoke or amend a notice given under paragraph (3).

Annotations

Textual amendments

F1: Words in reg. 31(1) substituted (1.1.2023) by The Public Water Supplies (Scotland) Amendment Regulations 2022 (S.S.I. 2022/387), regs. 1(1), 14(a)
F2: Word in reg. 31(1) substituted (27.10.2017) by The Public Water Supplies (Scotland) Amendment Regulations 2017 (S.S.I. 2017/281), regs. 1(1), 5(3)
F3: Words in reg. 31(2) substituted (1.1.2023) by The Public Water Supplies (Scotland) Amendment Regulations 2022 (S.S.I. 2022/387), regs. 1(1), 14(a)
F4: Words in reg. 31(3) substituted (1.1.2023) by The Public Water Supplies (Scotland) Amendment Regulations 2022 (S.S.I. 2022/387), regs. 1(1), 14(b)(i)(aa)
F5: Words in reg. 31(3) substituted (1.1.2023) by The Public Water Supplies (Scotland) Amendment Regulations 2022 (S.S.I. 2022/387), regs. 1(1), 14(b)(i)(bb)
F6: Words in reg. 31(3)(a) substituted (1.1.2023) by The Public Water Supplies (Scotland) Amendment Regulations 2022 (S.S.I. 2022/387), regs. 1(1), 14(b)(ii)
F7: Words in reg. 31(3)(b) substituted (1.1.2023) by The Public Water Supplies (Scotland) Amendment Regulations 2022 (S.S.I. 2022/387), regs. 1(1), 14(b)(ii)
F8: Words in reg. 31(3)(e) substituted (1.1.2023) by The Public Water Supplies (Scotland) Amendment Regulations 2022 (S.S.I. 2022/387), regs. 1(1), 14(b)(iii)(aa)
F9: Words in reg. 31(3)(e) substituted (1.1.2023) by The Public Water Supplies (Scotland) Amendment Regulations 2022 (S.S.I. 2022/387), regs. 1(1), 14(b)(iii)(bb)
F10: Words in reg. 31(5) substituted (1.1.2023) by The Public Water Supplies (Scotland) Amendment Regulations 2022 (S.S.I. 2022/387), regs. 1(1), 14(a)