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The Public Water Supplies (Scotland) Regulations 2014

S.S.I. 2014/364 · Made 17 December 2014 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 1 January 2023.

Water Supply

Made 17th December 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 1980 M1, section 56(1) and (2) of the Finance  Act  1973 M2 and section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972 M3 and of all other powers enabling them to do so M4.

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 services M5 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 safety M6.

In accordance with paragraphs 2, 2A(1), (2)(a) and (3)(a) in Schedule 2 to, the European Communities Act 1972 M7, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Annotations to the whole text

Marginal citations

M1

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).

M2

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.

M3

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.

M4

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.

M5

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).

M6

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

M7

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. 5Monitoring
  10. 6Monitoring programmes
  11. 7Random samples from consumers' taps Repealed
  12. 8Authorisation of samples from alternative points Repealed
  13. 9Numbers of samples Repealed
  14. 10Additional sampling Repealed
  15. 11Sampling at treatment works
  16. 12Sampling at service reservoirs
  17. 13Sampling: water supplied by tanker
  18. 13ASampling: water supplied by mobile tanker
  19. 14Sampling: new sources
  20. 14AMethods of analysis
  21. 15Collection and analysis of samples
  22. 15ADirections and guidance
  23. Part 5: DRINKING WATER PROTECTED AREAS
  24. 16Drinking water abstraction points: monitoring sites
  25. Part 6: INVESTIGATION AND REMEDIAL ACTION
  26. 17Scottish Water to investigate immediately any failure or likely failure
  27. 18Scottish Water to notify immediately any potential danger to human health
  28. 19Scottish Water to report on its investigation etc.
  29. 20Scottish Water to restore water quality
  30. 21Scottish Water to protect human health
  31. 22Powers to require further action by Scottish Water
  32. 23Power to direct local authorities in relation to domestic distribution systems
  33. Part 7: AUTHORISATION OF TEMPORARY DEPARTURES
  34. 24Authorisation of temporary supply of water that is not wholesome
  35. 25Authorisations: terms and conditions
  36. 26Authorisations: other limitations
  37. 27Authorisations: publicity
  38. 28Authorisations: revocation and modification
  39. Part 8: TREATMENT, RISK ASSESSMENT AND CONTAMINATION FROM PIPES
  40. 29Treatment of raw water
  41. 30Risk assessment of each treatment works and its connected supply system
  42. 31Procedure following risk assessment and prohibition of supply
  43. 32Copper and lead contamination from pipes
  44. Part 9: CONTROLS ON SUBSTANCES, PRODUCTS AND PROCESSES
  45. 33Application and introduction of substances and products
  46. 34Use of processes
  47. Part 10: OFFENCES: PARTS 8 AND 9
  48. 35Offences
  49. 36Offences by bodies corporate
  50. Part 11: RECORDS AND INFORMATION
  51. 37Maintenance of records
  52. 38Notification of health risk events
  53. 39Publication of information
  54. Part 12: SCOTTISH WATER: INCIDENTAL POWERS
  55. 40Power to enter
  56. 41Entry warrants
  57. 42Approved persons
  58. 43Taking steps
  59. 44Obstruction offence
  60. 45Compensation
  61. Part 13: SCOTTISH MINISTERS: ENFORCEMENT POWERS
  62. 46Powers of the Scottish Ministers on default of Scottish Water
  63. Part 14: LOCAL AUTHORITY FUNCTIONS: PUBLIC WATER SUPPLIES
  64. 47Local authority functions in relation to public water supplies
  65. Part 15: CONSEQUENTIAL AMENDMENTS AND REVOCATIONS
  66. 48Amendment of the Water (Scotland) Act 1980
  67. 49Amendment of the Building (Scotland) Act 2003
  68. 50Revocations
  69. Part 16: TRANSITIONAL PROVISIONS
  70. 51Water supply zones
  71. 52Authorised departures
  72. Signature
  73. Schedule 1PRESCRIBED CONCENTRATIONS AND VALUES
  74. Paragraph
  75. Schedule 1A: MONITORING: MINIMUM REQUIREMENTS
  76. Part A: Monitoring programmes
  77. 1Paragraph 1
  78. 2Paragraph 2
  79. 2AParagraph 2A
  80. 3Paragraph 3
  81. Part B: Standard parameters and frequencies
  82. 1Paragraph 1
  83. 2Paragraph 2
  84. 3Paragraph 3
  85. Part C: Deviation from standard parameters and frequencies
  86. 1Paragraph 1
  87. 2Paragraph 2
  88. 3Paragraph 3
  89. 3AParagraph 3A
  90. 3BParagraph 3B
  91. 4Paragraph 4
  92. Part D: Sampling methods and sampling points
  93. 1Paragraph 1
  94. 2Paragraph 2
  95. 3Paragraph 3
  96. 4Paragraph 4
  97. Part E: Radioactive substances
  98. 1General principles and monitoring frequencies
  99. 2Radon
  100. 3Tritium
  101. 4Indicative dose
  102. 5Water treatment
  103. 6Minimum sampling and analysis frequencies
  104. 7Averaging
  105. Part F: Indicative dose
  106. 1Monitoring for compliance with the indicative dose
  107. 2Screening for certain radionuclides or for an individual radionuclide
  108. 3Screening for gross alpha activity and gross beta activity
  109. 4Calculation of the indicative dose
  110. Schedule 2Monitoring: treatment works
  111. Paragraph
  112. Schedule 2A: MONITORING OF RADIOACTIVE SUBSTANCES Repealed
  113. 1General principles and monitoring frequencies Repealed
  114. 2Radon Repealed
  115. 3Tritium Repealed
  116. 4Indicative dose Repealed
  117. 5Water treatment Repealed
  118. 6Averaging Repealed
  119. Schedule 3: METHODS OF ANALYSIS
  120. 1Paragraph 1
  121. 2Paragraph 2
  122. Part A: Microbiological parameters
  123. 1Paragraph 1
  124. 2Paragraph 2
  125. Part B: Chemical and indicator parameters
  126. 1Paragraph 1
  127. 2Paragraph 2
  128. 3Paragraph 3
  129. CIndicative dose
  130. Schedule 3A: MONITORING FOR INDICATIVE DOSE AND ANALYTICAL PERFORMANCE CHARACTERISTICS Repealed
  131. 1Monitoring for compliance with the indicative dose Repealed
  132. 2Screening for certain radionuclides or for an individual radionuclide Repealed
  133. 3Screening for gross alpha activity and gross beta activity Repealed
  134. 4Calculation of the indicative dose Repealed
  135. 5Performance characteristics and methods of analysis Repealed
  136. Explanatory note