Section 76FB Remedial powers of local authorities where domestic distribution failure affects supply to publicF1

This section applies where a local authority

A local authority must serve a notice on the person who owns or is otherwise responsible for the domestic distribution system of the premises affected by F5... F6the failure or apprehended failure which is the subject of the investigation, (the “responsible person”) for the purposes of ensuring a wholesome supply and protecting human health.

A notice served under this section must—

Where the local authority consider that F9... F10a relevant failure (including ... a relevant failure relating to an indicator parameter) constitutes a potential risk to human health, the local authority must—

In requiring the taking of such steps as may be necessary to comply with subsection (4)(a) above, the local authority and the Scottish Ministers must take into account the risks to human health which would be caused by an interruption of the supply or a restriction in the use of water intended for human consumption (within the meaning of Article 2.1 of Council Directive 98/83/EC on the quality of water intended for human consumption).

The provisions of section 76G(3) below shall have effect in relation to notices served under this section and the reference to a “relevant person” in that subsection shall be construed as a reference to a “responsible person” for the purposes of this section.

Once the period specified for performance of a step required by a notice under this section has expired, a local authority must notify the Scottish Ministers as soon as possible of any actions taken by the responsible person and the local authority pursuant to, or in consequence of, the requirement to take the step.

Unless a local authority consider F11... F12a relevant failure to be of a trivial nature, the authority must take such steps as the authority consider necessary to ensure that consumers are notified of any remedial action taken under, or pursuant to, a notice served under this section.

In this section “indicator parameter” means a parameter listed in—

In subsections (4) and (8) “a relevant failure” means a failure or apprehended failure which is the subject of an investigation to which subsection (1)(b) applies.