The Public Water Supplies (Scotland) Regulations 2014

Authorisations: revocation and modification

28.—(1) Subject to paragraphs (2) and (3), the Scottish Ministers may at any time modify or revoke an authorisation given (or having effect as if so given) under regulation 24(1) or 25(5), and regulations 25 and 26 apply as respects a modification as they apply as respects that authorisation.

(2) Except where paragraph (4) applies, the Scottish Ministers must not revoke or modify an authorisation under regulation 24(1) or 25(5) without giving at least 6 months’ notice in writing (or in electronic form) of their intention to do so to—

(a) the Drinking Water Quality Regulator for Scotland;

(b) every appropriate health board;

(c) every appropriate local authority;

(d) the Scottish Association of Citizens Advice Bureaux;

(e) Scottish Water; and

(f) the Water Industry Commissioner for Scotland,

but they may revoke or modify any such authorisation without the need for this prior notice if it appears to the Scottish Ministers that immediate revocation or modification is required in the interests of public health and provided notice is given thereafter of the revocation or modification.

(3) Scottish Water, on whose application a departure has been authorised under this Part, must notify the Scottish Ministers as soon as the circumstances which gave rise to the application cease to exist.

(4) The Scottish Ministers must on being notified under paragraph (3)—

(a) by notice given to Scottish Water revoke the authorisation; and

(b) send a copy of the notice to the Drinking Water Quality Regulator for Scotland.

(5) In paragraph (2)—

“appropriate health board” means a health board whose area contains any part of the water supply zone to which the authorisation relates; and

“appropriate local authority” means a local authority whose area contains any part of the water supply zone to which the authorisation relates.