The Public Water Supplies (Scotland) Regulations 2014

Scottish Water to investigate immediately any failure or likely failure

17.—(1) Where Scottish Water has reason to believe that water supplied by it for human consumption purposes has failed, is failing, or is likely to fail to—

(a) satisfy a requirement of regulation 4(2); or

(b) meet the prescribed concentration or value for a parameter in Table C,

it must immediately investigate (and take action) to establish the matters in paragraph (2).

(2) The matters to be established are—

(a) whether the water has failed, is failing or is likely to fail to—

(i) satisfy a requirement of regulation 4(2); or

(ii) meet the prescribed concentration or value for a parameter in Table C; and

(b) for any such failure or apprehended failure (“the failure”)—

(i) the parameter or other element, organism or substance to which the failure relates;

(ii) the cause and extent of the failure;

(iii) whether the failure is due to a domestic distribution system in premises where water is supplied to the public, or to the maintenance of that system;

(iv) whether the failure is due to a private domestic distribution system, or to the maintenance of that system; and

(v) whether the failure constitutes a potential danger to human health.

(3) Where Scottish Water has—

(a) investigated a failure or apprehended failure for the purposes of paragraph (1); and

(b) that investigation establishes that the failure is due to a domestic distribution system in premises where water is supplied to the public, or to the maintenance of that system,

it may recover the expenses reasonably incurred by it (in carrying out that investigation) from the person who owns or is otherwise responsible for that domestic distribution system.