Paragraph 3 ConditionsI1

Scotland

(1)

A derogation may only be granted—

(a)

if it does not pose a potential danger to human health;

(b)

the supply of water in question cannot be maintained by any other reasonable means; and

(c)

it is limited to as short a period as possible (up to a maximum period of 3 years).

(2)

If the enforcing authority refuses to grant a derogation, it must give reasons in the notice.

(3)

If the enforcing authority grants a derogation, it must specify in the notice—

(a)

the grounds for the derogation;

(b)

the parameter concerned, previous relevant monitoring results, and the maximum permissible value under the derogation;

(c)

the geographical area, the quantity of water supplied each day, the population concerned and whether or not any relevant food-production undertaking would be affected;

(d)

an appropriate monitoring scheme, with an increased monitoring frequency where necessary;

(e)

a summary of the plan for the necessary remedial action, including a timetable for the work and an estimate of the cost and provisions for reviewing; and

(f)

the duration of the derogation.

(4)

Before the end of the duration of a derogation (granted under this regulation), the enforcing authority must carry out a review to determine whether sufficient progress has been made (in relation to the plan and timetable for the necessary remedial action).

Annotations

Commencement

I1: Sch. 5 para. 3 in force at 27.10.2017, see reg. 1(1)