Amendment of the Water (Scotland) Act 1980S
This section has no associated Policy Notes
48. In the 1980 Act —
(a)in section 76E—
(i)after subsection (2) insert—
“(2A) The reference in subsection (2) of section 11 to “such a failure on the part of Scottish Water” is to be construed as a reference to a failure by Scottish Water in any of the duties referred to in subsection (1) above.”;
(ii)after subsection (3) insert—
“(3A) Before making an order under subsection (2) of section 11, the Scottish Ministers must consult the Drinking Water Quality Regulator for Scotland.”; and
(iii)repeal subsection (4);
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)for section 76FB(1)—
(i)the words from “have” to the end become paragraph (a); and
(ii)after that paragraph, insert—
“; or
(b)receive a report on the findings of an investigation in accordance with regulation 19(1)(c) of the Public Water Supplies (Scotland) Regulations 2014 (SSI 2014/364).”;
(e)in section 76FB(2), after “issue” insert “ or, as the case may be, the failure or apprehended failure which is the subject of the investigation, ”;
(f)in section 76FB(3)(a), after “issue” insert “ or, as the case may be, the failure or apprehended failure ”;
(g)in section 76FB(4) and (8), after “issue”, in each place it occurs, insert “ or a relevant failure ”;
(h)in section 76FB(9), for paragraphs (a) and (b) substitute—
“(a)Part 2 of Table B in Schedule 1 to the Public Water Supplies (Scotland) Regulations 2014 (SSI 2014/364);
(b)Table C in Schedule 1 to those Regulations;”;
(i)after section 76FB(9) insert—
“(10) 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.”; and
(j)in section 76L(1A) repeal “otherwise than on the premises”.
Textual Amendments
Marginal Citations