# The Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017, Paragraph 3: Conditions

Extent: S

(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).

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Source: https://www.legislation.gov.uk/ssi/2017/282/schedule/5/paragraph/3 (the official version)
Page: https://openlegislation.uk/water-intended-for-human-consumption-private-supplies-scotland-regulations-2017/schedule-5/paragraph-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.