Water (Scotland) Act 1980

76A Duties of water authorities with respect to water quality. S

(1) It shall be the duty of [F1 Scottish Water]—

(a) when supplying water to any premises for [F2 domestic or food production purposes] to supply only water which is wholesome at the time of supply; and

(b) so far as reasonably practicable, to ensure, in relation to each source or combination of sources from which [F3 Scottish Water] supplies water to premises for [F2 domestic or food production purposes], that there is, in general, no deterioration in the quality of the water which is supplied from time to time from that source or combination of sources.

(2) For the purposes of this section and section 76B below and subject to subsection (3) below, water supplied by [F4 Scottish Water] to any premises shall not be regarded as unwholesome at the time of supply where it has ceased to be wholesome only after leaving [F5 Scottish Water’s] pipes.

(3) For the purposes of this section where water supplied by [F6 Scottish Water] to any premises would not otherwise be regarded as unwholesome at the time of supply, that water shall be regarded as unwholesome at that time if—

(a) it has ceased to be wholesome after leaving [F7 Scottish Water’s] pipes but while in a pipe which is subject to water pressure from a main or which would be so subject but for the closing of some valve; and

(b) it has so ceased in consequence of the failure of [F8 Scottish Water] , before supplying the water, to take such steps as may be prescribed for the purpose of securing the elimination or reduction to a minimum of any prescribed risk that the water would cease to be wholesome after leaving [F7 Scottish Water’s] pipes.

(4) The provisions of this section shall apply in relation to water which is supplied by [F9 Scottish Water] whether or not the water is water which [F10 Scottish Water] is required to supply by virtue of any provision of this Act.

Subordinate Legislation Made

P1 S. 76A: s. 76B (with ss. 76A, 76J, 101(1) and 109(1)) power exercised by S.I.1991/1333

S. 76A power previously exercised by S.I. 1990/119

Textual Amendments

F1 Words in s. 76A(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 49(2)(a) (with s. 67); S.S.I. 2002/118, art. 2(3)

F2 Words substituted by Food Safety Act 1990 (c. 16, SIF 53:1, 2), s. 56(2)

F3 Words in s. 76A(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 49(2)(b) (with s. 67); S.S.I. 2002/118, art. 2(3)

F4 Words in s. 76A(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 49(3)(a) (with s. 67); S.S.I. 2002/118, art. 2(3)

F5 Words in s. 76A(2) substituted (1.4.2002 subject to art. 3 of the commencing S.S.I.) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 49(3)(b) (with s. 67); S.S.I. 2002/118, art. 2(3)

F6 Words in s. 76A(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 49(4)(a) (with s. 67); S.S.I. 2002/118, art. 2(3)

F7 Words in s. 76A(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 49(4)(b) (with s. 67); S.S.I. 2002/118, art. 2(3)

F8 Words in s. 76A(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 49(4)(c) (with s. 67); S.S.I. 2002/118, art. 2(3)

F9 Words in s. 76A(4) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 49(5)(a) (with s. 67); S.S.I. 2002/118, art. 2(3)

F10 Words in s. 76A(4) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 49(5)(b) (with s. 67); S.S.I. 2002/118, art. 2(3)