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The Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017

S.S.I. 2017/282 · Made 5 September 2017 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 27 October 2017.

Water Supply

Made 5th September 2017

Laid before the Scottish Parliament 7th September 2017

Coming into force 27th October 2017

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 76F(5) to (8), 76J, 101(1) and (1A) and 109(1) of the Water (Scotland) Act 1980f1, section 47(2) to (4) of the Local Government in Scotland Act 2003f2, section 2(2) of the European Communities Act 1972f3, and all other powers enabling them to do so.

Annotations to the whole text

Footnotes

f1

1980 c.45. Sections 76F(5) and (6) and 76J were inserted by section 168 and schedule 22 of the Water Act 1989 (c.15). Section 76F(7) and (8) was inserted by section 114 of the Local Government etc. (Scotland) Act 1994 (c.39). Section 76F(5) and (6) was amended by paragraph 119(42) of schedule 13 of the Local Government etc. (Scotland) Act 1994 (c.39). Section 76J was amended by paragraph 119(45) of schedule 13 of the Local Government etc. (Scotland) Act 1994 (c.39). Section 101(1A) was inserted by section 27(1) and paragraph 9(5) of schedule 10 of 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). The functions conferred on the Secretary of State under sections 76F(5) to (8), 76J, 101(1) and (1A) and 109(1) of the Water (Scotland) Act 1980 are, so far as they are exercisable within devolved competence, exercisable by the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

f2

2003 asp 1.

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), schedule, Part 1. The functions conferred on a Minister of the Crown under section 2(2) of the European Communities Act 1972 are, so far as they are exercisable within devolved competence, exercisable by the Scottish Ministers by virtue of section 53 of the 1998 Act. Section 2(2) is cited so far as is necessary (to supplement the other powers cited) for the purposes of implementing, or enabling the implementation of, obligations arising under or by virtue of Directive 98/83/EC and Directive 2013/51/EURATOM. In particular, section 2(2) is cited so far as is necessary to enable the making of the provisions in schedules 5 to 10.

Contents

  1. Part 1: GENERAL
  2. 1Citation, commencement and extent
  3. 2Application
  4. 3Interpretation
  5. 4Supply zones
  6. Part 2: REGISTER OF SUPPLY SYSTEMS, ETC.
  7. 5Register of supply systems, etc.
  8. 6Contents of the register
  9. 7Review of contents
  10. 8Duty to provide information
  11. 9Access to information
  12. Part 3: RISK ASSESSMENT OF WATER SUPPLIES
  13. 10Risk assessment of water supplies
  14. 11Review of risk assessments
  15. 12Duties in relation to use of unused system
  16. 13Duties in relation to use of disused system
  17. Part 4: WATER QUALITY STANDARDS AND DUTIES
  18. 14Water quality standards
  19. 15Derogations from the water quality standards
  20. 16Duty of care: supplies of water
  21. 17Duty of care: substances and materials
  22. Part 5: MONITORING AND ANALYSIS
  23. 18Monitoring
  24. 19Monitoring programmes
  25. 20Methods of analysis
  26. Part 6: INVESTIGATION AND REMEDIAL ACTION
  27. 21Investigation and remedial action
  28. 22Remedial action to restore water quality: particular cases
  29. 23Remedial action to restore water quality: notification of risk, etc.
  30. Part 7: INFORMATION AND REPORTING
  31. 24Duty to provide information to consumers
  32. 25Information for certain public authorities
  33. 26Reports about water quality
  34. Part 8: ENFORCEMENT
  35. 27Exercise of enforcement powers
  36. 28Power to obtain information
  37. 29Powers of entry, inspection etc.
  38. 30Remediation notices
  39. 31Enforcement notices
  40. 32Emergency action and notices
  41. 33Variation and withdrawal of notices
  42. 34Powers of entry, etc.: further provision
  43. 35Recovery of expenses
  44. 36Directions and guidance
  45. Part 9: OFFENCES: GENERAL DUTIES, ETC.
  46. 37Offences: general duties
  47. 38Offence: failure to comply with an information notice
  48. 39Offence: obstruction, etc.
  49. 40Offences: emergency notices, etc.
  50. 41Offence: false statements
  51. 42Offences by bodies corporate etc.
  52. Part 10: OTHER ENACTMENTS: FURTHER PROVISION
  53. 43Water (Scotland) Act 1980: meaning of “wholesome”
  54. 44Water (Scotland) Act 1980: local authority powers
  55. 45Changes to other enactments
  56. Signature
  57. Schedule 1: INFORMATION TO BE REGISTERED
  58. 1Dates by which the register must contain information
  59. 2Information relating to private water supply systems
  60. 3Information relating to water supplied
  61. 4Information from previous register
  62. Schedule 2: PARAMETERS AND PARAMETRIC VALUES
  63. AMicrobiological parameters
  64. BChemical parameters
  65. CIndicator parameters
  66. Schedule 3: MONITORING
  67. Part A: Monitoring programmes
  68. 1Paragraph 1
  69. 2Paragraph 2
  70. 3Paragraph 3
  71. Part B: Standard parameters and frequencies
  72. 1Paragraph 1
  73. 2Paragraph 2
  74. 3Paragraph 3
  75. 4Paragraph 4
  76. Part C: Deviation from standard parameters and frequencies
  77. 1Paragraph 1
  78. 2Paragraph 2
  79. 3Paragraph 3
  80. 4Paragraph 4
  81. Part D: Sampling methods and sampling points
  82. 1Paragraph 1
  83. 2Paragraph 2
  84. 3Paragraph 3
  85. 4Paragraph 4
  86. Part E: Radioactive substances
  87. 1General principles and monitoring frequencies
  88. 2Radon
  89. 3Tritium
  90. 4Indicative dose
  91. 5Water treatment
  92. 6Minimum sampling and analysis frequencies
  93. 7Averaging
  94. Part F: Indicative dose
  95. 1Monitoring for compliance with the indicative dose
  96. 2Screening for certain radionuclides or for an individual radionuclide
  97. 3Screening for gross alpha activity and gross beta activity
  98. 4Calculation of the indicative dose
  99. Schedule 4: METHODS OF ANALYSIS
  100. 1Paragraph 1
  101. 2Paragraph 2
  102. Part A: Microbiological parameters
  103. 1Paragraph 1
  104. 2Paragraph 2
  105. Part B: Chemical and indicator parameters
  106. 1Paragraph 1
  107. 2Paragraph 2
  108. 3Paragraph 3
  109. CIndicative dose
  110. Schedule 5: DEROGATIONS
  111. 1Application
  112. 2Notification of decision
  113. 3Conditions
  114. 4Second derogation
  115. 5Supplementary
  116. 6Notification
  117. Schedule 6: REMEDIATION NOTICES
  118. 1Power to serve remediation notice
  119. 2Right of appeal against remediation notice
  120. 3Failure to comply with remediation notice
  121. 4Offences in relation to remediation notice
  122. Schedule 7: ENFORCEMENT NOTICES
  123. 1Power to serve enforcement notice
  124. 2Right of appeal against enforcement notice
  125. 3Failure to comply with enforcement notice
  126. 4Offences in relation to enforcement notice
  127. Schedule 8: POWERS OF ENTRY ETC.: FURTHER PROVISION
  128. 1Notice of entry
  129. 2Warrant to exercise right or power
  130. 3Evidence of authority
  131. 4Supplementary powers
  132. 5Duty to secure premises
  133. 6Compensation
  134. 7Commercially confidential information
  135. 8Interpretation
  136. Schedule 9: RECOVERY OF CERTAIN EXPENSES
  137. 1Maximum charges
  138. 2Recovery of sums charged
  139. Schedule 10: CHANGES TO OTHER ENACTMENTS
  140. 1Amendment of the Water (Scotland) Act 1980
  141. 2Amendment of the Private Water Supplies (Scotland) Regulations 2006
  142. 3Amendment of the Private Water Supplies (Grants) (Scotland) Regulations 2006
  143. 4Revocations
  144. Explanatory note