The Public Water Supplies (Scotland) Regulations 2014

Copper and lead contamination from pipes

32.—(1) Where there is a risk (“the prescribed risk”) that water supplied by Scottish Water would, for the reason mentioned in paragraph (2), after leaving its pipes—

(a) contain a concentration of copper in excess of 2 mg/litre; or

(b) contain a concentration of lead in excess of 10 μg/litre,

Scottish Water must, subject to paragraph (3), treat the water in such a way as it considers will eliminate the prescribed risk or reduce it to a minimum.

(2) The reason referred to in paragraph (1) is the presence in the water of a concentration of copper or lead which is attributable to the fact that copper or lead is the major component of such a pipe as is mentioned in section 76A(3)(a) of the 1980 Act, or its associated fittings.

(3) Paragraph (1) does not require Scottish Water to treat water—

(a) if the treatment is unlikely to achieve a significant reduction in the concentration of copper or lead;

(b) supplied by it to any part of a water supply zone which the Drinking Water Quality Regulator for Scotland for the time being confirms, by notice given to Scottish Water, is in the Regulator’s opinion an insignificant part of that zone; or

(c) if treatment is not reasonably practicable.

(4) Where Scottish Water—

(a) has reason to believe that water supplied by it for human consumption purposes from a pipe to which paragraph (5) applies contains, at the consumer’s tap, a concentration of lead which exceeds 10 µg/l; and

(b) has received from the owner of premises to which water is so supplied notice in writing (or in electronic form)—

(i) of the owner’s intention to replace so much of the pipe as belongs to him; and

(ii) of his desire that Scottish Water replaces the remainder of the pipe,

Scottish Water must modify or replace its part of the pipe.

(5) This paragraph applies to a pipe—

(a) of which the major component is lead;

(b) which is subject to water pressure from a water main or would be so subject but for the closing of some valve; and

(c) which belongs in part to Scottish Water and, as to the remainder, to the owner of the premises to which the pipe supplies water for human consumption purposes.