Water (Scotland) Act 1980

76B Regulations for preserving water quality. S

(1) The Secretary of State may by regulations require [F1 Scottish Water] to take all such steps as may be prescribed for the purpose of securing compliance with section 76A above; and, without prejudice to the generality of that power, regulations under this subsection may impose an obligation on [F1 Scottish Water]—

(a) to take all such steps as may be prescribed for monitoring and recording whether the water which [F2 Scottish Water] supplies to premises for [F3 domestic or food production purposes] is wholesome at the time of supply;

(b) to take all such steps as may be prescribed for monitoring and recording the quality of the water from any source, or combination of sources, which [F2 Scottish Water] uses or is proposing to use for supplying water to any premises for [F3 domestic or food production purposes];

(c) to ensure that a source which [F2 Scottish Water] is using or proposing to use for supplying water for [F3 domestic or food production purposes] is not so used until prescribed requirements for establishing the quality of water which may be supplied from that source have been complied with;

(d) to keep records of the localities within which all the premises supplied with water for [F3 domestic or food production purposes] by [F2 Scottish Water] are normally supplied from the same source or combination of sources;

(e) to comply with prescribed requirements with respect to the analysis of water samples or with respect to internal reporting or organisational arrangements.

(2) Without prejudice to subsection (1) above, the Secretary of State may by regulations make provision with respect to the use by [F4 Scottish Water] , for the purposes of or in connection with the carrying out of [F5 its] functions, of such processes and substances, and of products that contain or are made with such substances or materials, as he considers might affect the quality of any water; and, without prejudice to the generality of that power, regulations under this subsection may—

(a) forbid the use by [F4 Scottish Water] of processes, substances and products which have not been approved under the regulations or which contravene the regulations;

(b) for the purposes of provision made by virtue of paragraph (a) above, require processes, substances and products used by [F4 Scottish Water] to conform to such standards as may be prescribed by or approved under the regulations;

(c) impose such other requirements as may be prescribed with respect to the use by [F4 Scottish Water] of prescribed processes, substances and products;

(d) provide for the giving, refusal and revocation, by prescribed persons, of approvals required for the purposes of the regulations, for such approvals to be capable of being made subject to such conditions as may be prescribed and for the modification and revocation of any such condition;

(e) impose obligations to furnish prescribed persons with information reasonably required by those persons for the purpose of carrying out functions under the regulations;

(f) provide for a contravention of the regulations to constitute—

(i) an offence punishable on summary conviction by a fine not exceeding level 5 on the standard scale or such smaller sum as may be prescribed; or

(ii) an offence triable either summarily or on indictment and punishable, on summary conviction, by a fine not exceeding the statutory maximum and, on conviction on indictment, by a fine; and

(g) require prescribed charges to be paid to persons carrying out functions under the regulations.

(3) The Secretary of State may by regulations require [F6 Scottish Water]—

(a) to publish information about the quality of water supplied for [F3 domestic or food production purposes] to any premises by [F7 Scottish Water] ; and

(b) to provide information to prescribed persons about the quality of water so supplied.

(4) Regulations under subsection (3) above—

(a) shall prescribe both the information which is to be published or provided in pursuance of the regulations and the manner and circumstances in which it is to be published or provided;

(b) may require the provision of information by [F8 Scottish Water] to any person to be free of charge or may authorise it to be subject to the payment by that person to [F9 Scottish Water] of a prescribed charge; and

(c) may impose such other conditions on the provision of information by [F8 Scottish Water] to any person as may be prescribed.

Subordinate Legislation Made

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

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

Textual Amendments

F1 Words in s. 76B(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 50(2)(a) (with s. 67); S.S.I. 2002/118, art. 2(3)

F2 Words in s. 76B(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 50(2)(b) (with s. 67); S.S.I. 2002/118, art. 2(3)

F3 Words substituted by Food Safety Act 1990 (c. 16, SIF 53:1, 2), s. 56(2)

F4 Words in s. 76B(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 50(3)(a) (with s. 67); S.S.I. 2002/118, art. 2(3)

F5 Word in s. 76B(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 50(3)(b) (with s. 67); S.S.I. 2002/118, art. 2(3)

F6 Words in s. 76B(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 50(4)(a) (with s. 67); S.S.I. 2002/118, art. 2(3)

F7 Words in s. 76B(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 50(4)(b) (with s. 67); S.S.I. 2002/118, art. 2(3)

F8 Words in s. 76B(4) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 50(5)(a) (with s. 67); S.S.I. 2002/118, art. 2(3)

F9 Words in s. 76B(4) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 50(5)(b) (with s. 67); S.S.I. 2002/118, art. 2(3)