The Water Supply (Water Quality) (Scotland) Regulations 2001

Scottish Statutory Instruments

2001 No. 207

WATER SUPPLY

The Water Supply (Water Quality) (Scotland) Regulations 2001

Made

4th June 2001

Laid before the Scottish Parliament

5th June 2001

Coming into force in accordance with regulation 1(2) to (4)

The Scottish Ministers, in exercise of the powers conferred by sections 76B, 76F(5) and (6), 76J, 101(1) and (1A), and 109(1) of the Water (Scotland) Act 1980(1) and section 2(2) of the European Communities Act 1972(2), and of all other powers enabling them in that behalf, hereby make the following Regulations:

PART I S GENERAL

Citation, commencement and extent S

1.—(1) These Regulations may be cited as the Water Supply (Water Quality) (Scotland) Regulations 2001.

(2) This regulation and regulations 2, 36 and 37 shall come into force on 26th June 2001.

(3) Regulations 3 and 38 shall come into force on 1st June 2003.

(4) All other provisions of these Regulations shall come into force on 25th December 2003.

(5) These Regulations extend to Scotland only.

Commencement Information

I1 Reg. 1 in force at 26.6.2001, see reg. 1(2)

Interpretation S

2.—(1) In these Regulations–

“the the Act” means the Water (Scotland) Act 1980;

“the 1990 Regulations” means the Water Supply (Water Quality) (Scotland) Regulations 1990(3);

“appropriate local authority” and “appropriate health board” in relation to a departure authorised under regulation 20 or 21 or an application for any such authorisation, means the local authority and the health board, respectively, whose area contains any part of the water supply zone to which the authorisation relates or, in the case of an application, would apply if a departure were authorised in the terms sought;

“blending point” means a point at which waters originating from two or more sources and treated for the purposes of their supply for regulation 4(1) purposes are combined under conditions that are designed to secure that, after such combination, the requirements of paragraph (2) of regulation 4 are met;

“consumer” means a person to whom water is supplied for regulation 4(1) purposes by a water authority in the discharge of its duties under Part II of the Act;

“disinfection” means a process which removes or renders inactive pathogenic micro-organisms so as to satisfy the requirements of Part III of these Regulations in respect of micro-organisms (other than parameters), parasites and the parameters listed in Table A in Schedule 1 to these Regulations; and “disinfected” shall be construed accordingly;

“ground waters” has the same meaning as in section 30A(1)(d) of the Control of Pollution Act 1974(4), but does not include waters contained in underground strata in a sewer, pipe or service reservoir within the meaning of regulation 2(4);

“health board” means a board constituted by order made under section 2(1) of the National Health Service (Scotland) Act 1978(5);

“indicator parameter” means a parameter listed in Schedule 2;

“local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994(6);

“parameter” means a property, element, organism or substance listed in the second column of Table A or Table B in Schedule 1 to these Regulations, or in Schedule 2, as read, where appropriate, with the notes to Schedule 2 and those Tables;

“pesticides and related products” means–

(a)

any organic insecticide;

(b)

any organic herbicide;

(c)

any organic fungicide;

(d)

any organic nematocide;

(e)

any organic acaricide;

(f)

any organic algicide;

(g)

any organic rodenticide;

(h)

any organic slimicide; and

(i)

any product related to any of (a) to (h) (including any growth regulator),

and includes their relevant metabolites, degradation and reaction products;

“prescribed concentration or value”, in relation to any parameter, means the maximum or minimum concentration or value specified in relation to that parameter in Table A or Table B in Schedule 1 as measured by reference to the unit of measurement so specified, and as read, where appropriate, with the notes to those Tables;

“regulation 4(1) purposes”, in relation to the supply of water, means a supply–

(a)

for such domestic purposes as consist in or include, cooking, drinking, food preparation or washing; or

(b)

for any of these domestic purposes to premises in which food is produced;

“sampling point”–

(a)

in relation to water supplied from a distribution network, means a point, being a consumer’s tap, that is selected for the purposes of Part IV of these Regulations; and

(b)

in relation to water supplied from a tanker, means the point at which the water emerges from the tanker;

“specification”, in relation to an indicator parameter, means the concentration, value or state, shown as applicable to that parameter in Schedule 2 as measured by reference to the unit of measurement so shown;

“state”, in relation to an indicator parameter, means the state specified in relation to that parameter in Schedule 2 as measured by reference to the unit of measurement so specified;

“supply point” means a blending point, service reservoir, treatment works or other point, not being a sampling point, which the Scottish Ministers may, in accordance with regulation 8, authorise for the purposes of regulation 6;

“water authority” means a new water and sewerage authority constituted under section 62 of the Local Government etc. (Scotland) Act 1994;

“water supply zone”, in relation to a water authority and a year, means an area designated for that year by the water authority in accordance with regulation 3; and

“year” means a calendar year.

(2) Other expressions used both in these Regulations and in Council Directive 98/83/EC (on the quality of water intended for human consumption)(7) have the same meaning in these Regulations as they have in that Directive.

(3) Any reference in these Regulations to a numbered regulation shall be treated as the regulation bearing that number in these Regulations; any reference to a numbered paragraph shall be treated as the paragraph bearing that number in the regulation in which it appears; and any reference to a Schedule shall be treated as a reference to a Schedule to these Regulations;

(4) Subject to paragraph (5), references in these Regulations to a service reservoir are references to any structure, other than a structure at a treatment works, in which water that has been treated with a view to complying with the requirements of regulation 4 is contained and stored for the purpose of meeting a variable demand for the supply of water.

(5) Where references in these Regulations to a service reservoir would, but for this paragraph, include references to a structure comprising more than one compartment–

(a) each compartment which has its own water inlet and water outlet and is not connected hydraulically to any other compartment shall be treated as a single service reservoir;

(b) the compartments which are connected hydraulically shall be treated as a single service reservoir; and

(c) unless all of the compartments are connected hydraulically, the structure as a whole shall not be treated as a service reservoir.

Commencement Information

I2 Reg. 2 in force at 26.6.2001, see reg. 1(2)

Prospective

F1 PART II S WATER SUPPLY ZONES

Textual Amendments

F1 Regulations revoked (1.1.2015) by The Public Water Supplies (Scotland) Regulations 2014 (S.S.I. 2014/364), regs. 1(1), 50(1)(b) (with reg. 1(3)(4))

[Editorial note: No historical revised versions have been created for amendments to this S.S.I. made prior to its final revocation. A revised version of how the S.S.I. stood at its first commencement is available and, to see the document content as it originally stood when it was made, select the ‘Original (As Made)’ version. For further details of the amendments see the List of All Changes available in ‘More Resources’]

Water supply zones S

F1 3.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prospective

F1 PART III S WHOLESOMENESS

Wholesomeness S

F1 4.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prospective

F1 PART IV S MONITORING OF WATER SUPPLIES

Interpretation and application S

F1 5.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Monitoring: general provisions S

F1 6.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Determination of sampling points S

F1 7.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Authorisation of supply points S

F1 8.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Numbers of samples S

F1 9.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sampling: further provisions S

F1 10.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prospective

F1 PART V S MONITORING – ADDITIONAL PROVISIONS

Interpretation S

F1 11.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sampling for particular substances and parameters S

F1 12.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sampling at treatment works S

F1 13.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sampling at service reservoirs S

F1 14.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sampling: new sources S

F1 15.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Collection and analysis of samples S

F1 16.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prospective

F1 PART VI S INVESTIGATIONS, AUTHORISATION OF DEPARTURES AND REMEDIAL ACTION

Investigations: Schedule 1 parameters S

F1 17.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Investigations: Schedule 2 indicator parameters S

F1 18.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Action by the Scottish Ministers S

F1 19.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Authorisation of temporary supply of water that is not wholesome S

F1 20.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Authorisations: terms and conditions S

F1 21.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Authorisations: other limitations S

F1 22.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Publicity for authorisations S

F1 23.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Revocation and modification of authorisations S

F1 24.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prospective

F1 PART VII S WATER TREATMENT

Treatment of raw water S

F1 25.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Contamination from pipes S

F1 26.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application and introduction of substances and products S

F1 27.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Use of processes S

F1 28.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Offences S

F1 29.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prospective

F1 PART VIII S RECORDS AND INFORMATION

Maintenance of records S

F1 30.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Provision of information S

F1 31.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Publication of information S

F1 32.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prospective

F1 PART IX S FUNCTIONS OF LOCAL AUTHORITIES IN RELATION TO WATER QUALITY

Application and interpretation S

F1 33.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duties of local authorities: supplementary provision S

F1 34.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prospective

F1 PART X S ENFORCEMENT

Contraventions by water authorities S

F1 35.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART XI S AMENDMENT AND REVOCATION OF REGULATIONS AND SAVING AND TRANSITIONAL PROVISION

Amendment of the Water Supply (Water Quality) (Scotland) Regulations 1990 S

36.  The 1990 Regulations shall be amended, with effect from 31st January 2001, in accordance with Schedule 5.

Commencement Information

I3 Reg. 36 in force at 26.6.2001, see reg. 1(2)

Transitional provision: programmes of work S

37.—(1) Every water authority which intends to supply water, on and after 25th December 2003, for regulation 4(1) purposes shall, not later than 25th September 2001 submit to the Scottish Ministers for their approval a programme of work designed to secure, so far as reasonably practicable–

(a) that on the coming into force of Part III of these Regulations, the supply of water for those purposes fully satisfies the requirements of that Part; and

(b) that on and after 25th December 2013, the supply of water for those purposes will fully satisfy the revised requirements of that Part in relation to the lead parameter (item 15 in Table B in Schedule 1),

and that, accordingly, section 76A (duties of water authorities with respect to water quality) of the Act is complied with.

(2) Programmes of work shall be drawn up in accordance with the provisions of Schedule 6.

(3) The Scottish Ministers may approve a programme of work with or without modification.

(4) If a water authority–

(a) fails to draw up a programme of work;

(b) draws up such a programme otherwise than in accordance with Schedule 6; or

(c) draws up such a programme that is unsatisfactory in any other respect,

the Scottish Ministers may draw up a programme of work and any such programme shall be treated for the purposes of paragraphs (5) and (6) as a programme of work drawn up by the water authority and approved by the Scottish Ministers.

(5) Whenever it comes to the attention of a water authority that the steps to be taken in accordance with a programme of work submitted to, or approved by, the Scottish Ministers, or treated as so approved, are insufficient to secure that the requirements of paragraph (1)(a) and (b) are met, it shall notify the Scottish Ministers of the additional steps to be taken to secure that those requirements are met.

(6) The Scottish Ministers may at any time, and whether or not on the application of a water authority, modify any programme of work where they are of the opinion that such modification is required to secure that the requirements of paragraph (1)(a) and (b) are met.

(7) It shall be the duty of each water authority–

(a) to take the steps for the time being specified in the programme of work approved or treated as approved in relation to its area of supply;

(b) to take those steps in accordance with the timetable so specified; and

(c) to submit reports to the Scottish Ministers at the times or within the periods specified.

(8) The duties imposed by paragraph (7) shall be enforceable under section 76E of the Act by the Scottish Ministers.

Commencement Information

I4 Reg. 37 in force at 26.6.2001, see reg. 1(2)

Prospective

Transitional provision: authorisations S

F1 38.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Regulations revoked (1.1.2015) by The Public Water Supplies (Scotland) Regulations 2014 (S.S.I. 2014/364), regs. 1(1), 50(1)(b) (with reg. 1(3)(4))

[Editorial note: No historical revised versions have been created for amendments to this S.S.I. made prior to its final revocation. A revised version of how the S.S.I. stood at its first commencement is available and, to see the document content as it originally stood when it was made, select the ‘Original (As Made)’ version. For further details of the amendments see the List of All Changes available in ‘More Resources’]

Prospective

Revocation of Regulations and savings S

F1 39.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Regulations revoked (1.1.2015) by The Public Water Supplies (Scotland) Regulations 2014 (S.S.I. 2014/364), regs. 1(1), 50(1)(b) (with reg. 1(3)(4))

[Editorial note: No historical revised versions have been created for amendments to this S.S.I. made prior to its final revocation. A revised version of how the S.S.I. stood at its first commencement is available and, to see the document content as it originally stood when it was made, select the ‘Original (As Made)’ version. For further details of the amendments see the List of All Changes available in ‘More Resources’]

RHONA BRANKIN

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

4th June 2001

Regulations 2 and 4

SCHEDULE 1 S PRESCRIBED CONCENTRATIONS AND VALUES

TABLE A S Microbiological parameters

Commencement Information

I5 Sch. 1 Pt. 1 in force at 26.6.2001, see reg. 1(2)

Part I: Directive requirements

Item	Parameters	Concentration or Value (maximum)	Units of Measurement	Point of compliance
1.	Enterococci	0	number/100ml	consumers' taps
2.	Escherichia coli (E. coli)	0	number/100ml	consumers' taps

Part II: National requirements

Item	Parameters	Concentration or Value (maximum)	Units of Measurement	Point of compliance
Note:
* compliance required as to 95% of samples from each service reservoir (regulation 4(6))
1.	Coliform bacteria	0	number/100ml	service reservoirs* and water treatment works
2.	Escherichia coli (E coli)	0	number/100ml	service reservoirs and water treatment works

TABLE B S Chemical parameters

Commencement Information

I6 Sch. 1 Pt. 2 in force at 26.6.2001, see reg. 1(2)

Part I: Directive requirements

Item	Parameters	Concentration or Value (maximum)	Units of Measurement	Point of compliance
Notes:
(i) The parametric value refers to the residual monomer concentration in the water as calculated according to specifications of the maximum release from the corresponding polymer in contact with the water. This is controlled by product specification.
(ii) See also regulation 6(6).
(iii) See also regulation 4(2)(d).
(iv) See the definition of “pesticides and related products” in regulation 2.
(v) The parametric value applies to each individual pesticide.
(vi) “Pesticides: Total” means the sum of the concentrations of the individual pesticides detected and quantified in the monitoring procedure.
(vii) “PAH” means Polycyclic Aromatic Hydrocarbons, the specified compounds are: benzo(b)fluoranthene benzo(k)fluoranthene benzo(ghi)perylene indeno(1,2,3-cd)pyrene. The parametric value applies to the sum of the concentrations of the individual compounds detected and quantified in the monitoring process.
(viii) The parametric value applies to the sum of the concentrations of the individual compounds detected and quantified in the monitoring process.
(ix) “THM: Total” means total Trihalomethanes, the specified compounds are: chloroform bromoform dibromochloromethane bromodichloromethane. The parametric value applies to the sum of the concentrations of the individual compounds detected and quantified in the monitoring process.
1.	Acrylamide	0.10	μg/l	(i)
2.	Antimony	5.0	μgSb/l	consumers' taps
3.	Arsenic	10	μgAs/l	consumers' taps
4.	Benzene	1.0	μg/l	consumers' taps
5.	Benzo(a)pyrene	0.010	μg/l	consumers' taps
6.	Boron	1.0	mgB/l	consumers' taps
7.	Bromate	10	μgBrO3/l	consumers' taps
8.	Cadmium	5.0	μgCd/l	consumers' taps
9.	Chromium	50	μgCr/l	consumers' taps
10.	Copper(ii)	2.0	mg Cu/l	consumers' taps
11.	Cyanide	50	μgCN/l	consumers' taps
12.	1,2 dichloroethane	3.0	μg/l	consumers' taps
13.	Epichlorohydrin	0.10	μg/l	(i)
14.	Fluoride	1.5	mg F/l	consumers' taps
15.	Lead(ii)	(a) 25, from 25/12/03 until 24/12/13	μgPb/l	consumers' taps
		(b) 10, from 25/12/13	μgPb/l	consumers' taps
16.	Mercury	1.0	μgHg/l	consumers' taps
17.	Nickel(ii)	20	μgNi/l	consumers' taps
18.	Nitrate(iii)	50	mgNO3/l	consumers' taps
19.	Nitrite(iii)	0.50	mgNO2/l	consumers' taps
		0.10	mgNO2/l	treatment works
20.	Pesticides(iv)(v)–
	Aldrin	0.030	μg/l	consumers' taps
	Dieldrin	0.030	μg/l	consumers' taps
	Heptachlor	0.030	μg/l	consumers' taps
	Heptachlor epoxide	0.030	μg/l	consumers' taps
	other pesticides	0.10	μg/l	consumers' taps
21.	Pesticides: Total(vi)	0.50	μg/l	consumers' taps
22.	PAH(vii)	0.10	μg/l	consumers' taps
23.	Selenium	10	μgSe/l	consumers' taps
24.	Tetrachloroethene & Trichloroethene(viii)	10	μg/l	consumers' taps
25.	THM: Total(ix)	100	μg/l	consumers' taps
26.	Vinyl chloride	0.50	μg/l	(i)

Part II: National requirements

Item	Parameters	Concentration or Value (maximum unless otherwise stated)	Units of Measurement	Point of compliance
1.	Aluminium	200	μg Al/l	consumers' taps
2.	Colour	20	mg/l Pt/Co	consumers' taps
3.	Hydrogen ion	9.5	pH value	consumers' taps
		6.5 (minimum)
4.	Iron	200	μgFe/l	consumers' taps
5.	Manganese	50	μgMn/l	consumers' taps
6.	Odour	3 at 25°C	Dilution number	consumers' taps
7.	Sodium	200	mgNa/l	consumers' taps
8.	Taste	3 at 25°C	Dilution number	consumers' taps
9.	Tetrachloromethane	3	μg/l	consumers' taps
10.	Turbidity	4	NTU	consumers' taps

Regulations 2 and 4

SCHEDULE 2 S INDICATOR PARAMETERS

Commencement Information

I7 Sch. 2 in force at 26.6.2001, see reg. 1(2)

Item	Parameters	Concentration or Value (maximum) or State	Units of Measurement	Point of monitoring
Notes:
(i) The water should not be aggressive.
(ii) Excluding tritium, potassium – 40, radon and radon decay products.
* May be monitored from samples of water leaving treatment works or other supply point, as no significant change during distribution.
1.	Ammonium	0.50	mgNH4/l	consumers' taps
2.	Chloride(i)	250	mgCl/l	supply point*
3.	Clostridium perfringens (including spores)	0	Number/100 ml	supply point*
4.	Coliform bacteria	0	Number/100ml	consumers' taps
5.	Colony count	No abnormal change	Number/1 ml at 22°C	consumers' taps
			Number/1 ml at 37°C	service reservoirs and treatment works
6.	Conductivity(i)	2500	μS/cm at 20°C	supply point*
7.	Sulphate(i)	250	mgSO4/l	supply point*
8.	Total indicative dose (for radioactivity)(ii)	0.10	mSv/year	supply point*
9.	Total organic carbon (TOC)	No abnormal change	mgC/l	supply point*
10.	Tritium (for radioactivity)	100	Bq/l	supply point*
11.	Turbidity	1	NTU	treatment works

Prospective

Part IV

F1 SCHEDULE 3 S MONITORING

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prospective

Regulation 16

F1 SCHEDULE 4 S ANALYTICAL METHODOLOGY

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulation 36

SCHEDULE 5 S AMENDMENT OF THE WATER SUPPLY (WATER QUALITY) (SCOTLAND) REGULATIONS 1990

Commencement Information

I8 Sch. 5 in force at 26.6.2001, see reg. 1(2)

The amendments to the 1990 Regulations referred to in regulation 36 are–

(a) after regulation 13, the insertion of the following regulation:–

Frequency of sampling for particular organisms and substances

13A.— (1) In each of the years 2001, 2002 and 2003 a water authority shall take, or cause to be taken, from its sampling points or, as the case may be, its supply points, for analysis for testing against the concentrations and values specified in column (2) of Table 4A for the organisms and substances listed in column (1) of that Table, not less than the number of samples specified in paragraphs (2) and (3).

(2) In respect of supply points and the supply of a volume of water within a range shown in column (3) of that Table, the number is that shown in column (4) of that Table as applicable to a volume within that range.

(3) In respect of sampling points and the supply of water to an estimated population within a range shown in column (5) of that Table, the number is that shown in column (6) of that Table as applicable to a population within that range.

(4) In each of those years samples shall be taken at regular intervals throughout the year.”;

(b) after regulation 20, the insertion of the following regulation:

Additional testing for particular parameters

20A.   The samples taken in accordance with regulation 13 shall additionally be tested against the concentrations specified in column (2) of Table 4B.”;

(c) in regulation 21 (collection and analysis of samples)–

(i) in paragraph (2), the insertion, after “means”, of “subject to paragraph (3)”; and

(ii) the addition, at the end, of the following:–

“(3) In relation to each of the parameters and other substances listed in column (1) of Table 4B, paragraph (2)(d) shall have effect as if for sub-paragraph (iii) there were substituted the requirements of regulation 21A.”

(d) after regulation 21, the insertion of the following regulation:–

Method of analysis of samples for particular parameters and substances

21A.— (1) The method of analysis used for testing for a parameter or other substance listed in column (1) of Table 4B against the concentrations in column (2) of that Table must be capable, at the time of use–

(a) of measuring concentrations with the trueness and precision specified in relation to that parameter or substance in columns (3) and (4) of Table 4B; and

(b) of detecting the parameter or substance at the limit of detection specified in relation to it in column (5) of that Table.

(2) For the purposes of paragraph (1)–

• “limit of detection” is to be calculated as–

  (a)

  three times the relative within batch standard deviation of a natural sample containing a low concentration of the parameter or substance; or

  (b)

  five times the relative within batch standard deviation of a blank sample;

• “precision” (the random error); is to be calculated as twice the standard deviation (within a batch and between batches) of the spread of result about the mean; and

• “trueness” (the systematic error) is to be calculated as the difference between the mean value of a large number of repeated measurements and the true value.”; and

(e) the insertion, after Table 4 in Schedule 2, of the following Tables:

“TABLE 4A

SAMPLING FOR PARTICULAR ORGANISMS AND SUBSTANCES

(1)	(2)	(3)	(4)	(5)	(6)
Organism or substance	Concentration or value and unit of measurement	Volume of water supplied m3/d	Annual sampling frequency	Estimated population of water supply zone	Annual sampling frequency
* where the water originates from, or is influenced by, surface waters
Benzene	1.0 μg/l
Bromate	10 μgBrO3/l
Clostridium perfringens*(including spores)	0 Number/100ml	• 999	2	• 4,999	2
		1,000 – 49,999	4	5,000–	4
		≥ 50,000	8	50,000
1,2 dichloroethane	3.0 μg/l
Enterococci	0 Number/100ml
Nitrite	0.1 mgNO2/l

TABLE 4B

PARAMETERS AND SUBSTANCES IN RELATION TO WHICH, SUBJECT TO REGULATION 21A, METHODS OF ANALYSIS MUST SATISFY THE PRESCRIBED CHARACTERISTICS

(1)	(2)	(3)	(4)	(5)
Parameter or other substance	Concentration and unit of measurement	Trueness % of concentration	Precision % of concentration	Limit of detection % of concentration
+ Polycyclic Aromatic Hydrocarbons (PAH), sum of the concentrations of benzo(b)fluoranthene, benzo(k)fluoranthene, benzo(ghi)pyrene, and indeno(1,2,3-cd)pyrene. The performance characteristics apply to the individual substances specified at 25% of the concentration in column (2).
* The performance characteristics apply to the individual substances specified at 50% of the concentration in column (2).”.
Antimony	5.0 μgSb/l	25	25	25
Arsenic	10 μgAs/l	10	10	10
Benzene	1.0 μg/l	25	25	25
Boron	1.0 mgB/l	10	10	10
Bromate	10 μgBrO3/l	25	25	25
Copper	2.0 mgCu/l	10	10	10
1, 2 dichloroethane	3.0 μg/l	25	25	10
Lead	25 μgPb/l	10	10	10
Nickel	20 μgNi/l	10	10	10
Nitrite (ex-works)	0.1 mgNO2/l	10	10	10
PAH+	0.1μg/l	25	25	25
Tetrachloroethene*	10 μg/l	25	25	10
Trichloroethene*	10 μg/l	25	25	10

Regulation 37

SCHEDULE 6 S PROGRAMMES OF WORK

Commencement Information

I9 Sch. 6 in force at 26.6.2001, see reg. 1(2)

A water authority’s programme of work shall–

(a) identify, by reference to the parameters set out in the Table below, those parameters in respect of which the requirements of regulation 38(1)(a) and (b) are unlikely to be satisfied unless steps are taken to secure that those requirements will be met;

(b) identify whether the requirement that the formula [nitrate]/50 + [nitrite]/3 • 1, where the square brackets signify the concentrations in mg/l for nitrate (NO3) and nitrite (NO2) is unlikely to be satisfied;

(c) specify the steps that the water authority intends to take for the purpose of securing that the requirements of regulation 38(1)(a) and (b) are met;

(d) specify the date by which each of the steps specified in accordance with paragraph (c) is proposed to be completed; and

(e) specify the times at which, or the periods within which, reports will be made to the Scottish Ministers in relation to the taking and completion of the steps specified in accordance with paragraph (c).

TABLE

E. coli

Enterococci

Acrylamide

Antimony

Arsenic

Benzene

Benzo(a)pyrene

Boron

Bromate

Cadmium

Chromium

Copper

Cyanide

1,2-dichloroethane

Epichlorohydrin

Lead

Mercury

Nickel

Nitrate

Nitrite

Pesticides

Polycyclic aromatic hydrocarbons

Selenium

Tetrachloroethene/Trichloroethene (sum of concentrations)

Trihalomethanes – Total (sum of concentrations of chloroform, bromoform, dibromochloromethane and bromodichloromethane)

Vinyl chloride

Explanatory Note

(This note is not part of the Regulations)

These Regulations supplement Part VIA of the Water (Scotland) Act 1980 (“the 1980 Act”); amend, for a limited period, the Water Supply (Water Quality) (Scotland) Regulations 1990 (“the 1990 Regulations”) and, on 25th December 2003, revoke and replace those Regulations. They are primarily concerned with the quality of water supplied in Scotland for drinking, washing, cooking and food preparation, and for food production, and with arrangements for the publication of information about water quality.

The Regulations are directed at the achievement of the objective set out in Article 2 of Council Directive 98/83/EC (O.J. No. L 330, 5.12.98, p.32) (“the 1998 Directive”), namely, to protect human health from the adverse effects of any contamination of water intended for human consumption by ensuring that it is wholesome and clean. In particular, effect is given in Part III of the Regulations to Articles 4 and 5 of the 1998 Directive which relate to the quality of water intended for human consumption and, in Part V, to Article 7 (monitoring) of that Directive.

Subject to the exceptions mentioned below, the Regulations come into force on 25th December 2003. Regulations 1 and 2 (which deal with commencement, extent and interpretation), regulation 36 (which introduces the amendments to the 1990 Regulations set out in Schedule 5) and regulation 37 (a transitional provision requiring the submission of programmes of work) come into force on 21st June 2001.

Regulation 3 (which deals with water supply zones) and regulation 38 (a transitional provision enabling applications to be made for authorisations) come into force on 1st June 2003.

Regulation 4 ( which prescribes new standards of wholesomeness), regulations 17 to 24 (which deal with sampling) paragraphs (4) and (5) of regulation 26 (which deals with lead pipes) and paragraph (1) of regulation 39 (which revokes provisions of the 1990 Regulations superseded by regulations 4 and 17 to 24) come into force on 25th December 2003, when the 1998 Directive takes effect.

Part I of the Regulations (regulations 1 and 2) defines terms that are used in the Regulations.

Part II (regulation 3) requires water authorities to identify annually the areas (“water supply zones”) that are to be relevant for a particular year for the purposes of the application of the provisions of the Regulations. A water supply zone may not comprise an area in which the estimated population exceeds 100,000. Water authorities may not alter the boundaries of water supply zones during the year.

Part III (regulation 4) prescribes standards of wholesomeness in respect of water that is supplied by water authorities for cooking, drinking, food preparation and washing and other domestic purposes and to premises for food production purposes. These various purposes are referred to in the Regulations as “regulation 4(1) purposes”. In particular, regulation 4 provides that water is to be regarded as wholesome if it contains concentrations or values in respect of various properties, elements, organisms and substances that do not contravene prescribed maximum and, in some cases, minimum concentrations or values. Some of the prescribed maximum and minimum concentrations and values are specified in regulation 4, but most are included in Tables A and B which appear in Schedule 1. They include the values specified in Part A and B of Annex 1 to the 1998 Directive. There are also specifications for indicator parameters in Schedule 2.

Part IV (regulations 5 to 10) provides for the monitoring of water supplies by reference to the analysis of samples. Regulation 5 defines two monitoring regimes; “audit” monitoring and “check” monitoring. Regulation 6 requires water authorities to take a minimum number of samples each year in respect of a variety of properties, elements, organisms and substances. It also makes special provision for monitoring supplies from tankers. Regulation 7 requires water authorities to select at random the consumers' taps from which samples are to be taken. Regulation 8 authorises the taking of samples from points other than consumers' taps (“supply points”) and allows the Scottish Ministers to authorise other supply points. Regulation 9 deals with the number of samples to be taken. These are specified in Tables 1 and 2 in Schedule 3 to the Regulations, and are not less than those specified in Annex II to the 1998 Directive. Regulation 10 requires samples to be taken where water authorities have reason to believe that the quality of the water within their water supply zone has been adversely affected by the presence of certain elements, organisms or substances.

Part V (regulations 11 to 16) contains additional provisions relating to sampling. Regulations 13 and 14 require samples to be taken in respect of particular organisms and substances, at treatment works and at reservoirs which store treated water. Regulation 15 requires samples to be taken before water is supplied from new sources and from sources which have not recently been used. Regulation 16 prescribes requirements relating to the taking, handling, storage, transport and analysis of samples.

Part VI (regulations 17 to 24) provides for the investigation of every failure to satisfy a concentration, value or state prescribed by regulation 4 and for a report to be made to the Scottish Ministers. Where a failure relates to a Table B parameter, and certain other conditions are met, the Scottish Ministers may require the water authority to apply to them for an authorisation allowing a departure from the requirements of Part III, as regards that parameter. The circumstances in which such authorisations may be issued, and the conditions to which they are subject are contained in regulations 21 and 22, respectively. (Article 9 of the 1998 Directive permits derogations from the parametric values). Provision is made in regulation 23 for publicising authorisations. Regulation 24 provides for the modification and withdrawal of authorisations.

Part VII (regulations 25 to 29) deals with the treatment of water and regulates the substances, processes and products that may be used by water authorities in connection with the supply of water. Regulation 25 imposes requirements relating to the disinfection of water and imposes additional requirements for the treatment of surface water. It prohibits the abstraction for the supply of drinking water of waters below category A3, as required by Council Directive 75/440/EEC (quality required of surface water intended for the abstraction of drinking water). Regulation 26 makes provision for securing the elimination or reduction to a minimum of the risk that water will be contaminated after supply by excessive concentrations of copper or lead. Regulation 27 specified the circumstances in which water authorities may apply or introduce substances or products into water supplied for drinking, washing or cooking. Regulation 28 enables the Scottish Ministers to require that their approval be obtained to the use of processes. Contravention of some of the requirements of regulations 27 and 28 is made a criminal offence by regulation 29, as is the making of false statements.

Part VIII deals with the provision of information by water authorities. Regulation 30 requires water authorities to prepare and maintain records containing information about the quality of water supplied in their water supply zones. Regulation 31 requires each water authority to make available for public inspection, and to supply local authorities with, information about the quality of water within its water supply zones, the extent to which Part IV of the Regulations has been complied with, details of any departures authorised under Part VI of the Regulations and of the action which has been taken to comply with default orders under section 76E of the 1980 Act. It also requires each water authority to provide local authorites, health authorities and the Water Industry Commissioner for Scotland with information relating to matters that could give rise to significant risk to public health. Regulation 32 requires water authorities to publish an annual report containing information about the quality of water in the area for which it is responsible.

Part IX (regulations 33 and 34) imposes requirements on local authorities in the performance of their duties in relation to the quality of water supplied by water authorities. Regulation 34 provides for the making of arrangements between the local authorities and the water authorities about the provision of information. It also enables local authorities to take such samples of water as they may reasonably require.

Part X (regulation 35) provides that contraventions by water authorities of duties or requirements imposed by Parts V to VIII of the Regulations are to be enforceable under section 76E of the 1980 Act by the Scottish Ministers. This provision is additional to the criminal sanctions provided by regulation 29 in relation to contraventions of regulations 27 and 28.

Part XI (regulations 36 to 39) amends the 1990 Regulations, makes transitional provision and revokes the 1990 Regulations and other related provisions subject to savings. The amendments to the 1990 Regulations, which take effect on 26th June 2001, are set out in Schedule 5 (Regulation 36). Regulation 37 requires water authorities to submit for the Scottish Ministers' approval programmes of work designed to secure that the standards of wholesomeness prescribed in Part III of the Regulations will, so far as reasonably practicable, be achieved when that Part comes into force on 25th December 2003. Programmes of work are to be prepared in accordance with Schedule 6 and are to be submitted to the Scottish Ministers before 25th September 2001. They may be approved by the Scottish Ministers with or without modification, and may be modified where the Scottish Ministers consider it necessary to do so for the purpose of securing that wholesomeness standards will be met on and after 25th December 2003. If a water authority fails to submit a programme of works, or if the submitted programme fails to meet the requirements of Schedule 6, or is otherwise unacceptable, the Scottish Ministers may prepare one. Programmes of work will be enforceable under section 76E of the 1980 Act by the Scottish Ministers.

Regulation 38 makes further transitional provision to enable water authorities to apply in advance for the Scottish Ministers' authorisation in relation to matters which, on and after 25th December 2003, will need to be authorised under Part VI of the Regulations.

Regulation 39 revokes the 1990 Regulations, and amending regulations. Regulation 23(b) of the Private Water Supplies (Scotland) Regulations 1992 and regulation 16(1) of the Surface Waters (Abstraction for Drinking Water) (Classification) (Scotland) Regulations 1996 are also revoked to the same extent, in consequence of the revocation of the 1990 Regulations. The revocation of the 1990 Regulations does not affect the obligations of water authorities to keep records, provide information, or make reports for the year ending on 31st December 2003.

A regulatory impact assessment in respect of the Regulations may be obtained from the Scottish Executive, Rural Affairs Department, Environment Group, Water Services Unit, Victoria Quay, Edinburgh EH6 6QQ. A copy has been placed in the Scottish Parliament Information Centre.

Copies of the ISO standards referred to in Table A1 in Schedule 4 may be obtained from BSI, 389 Chiswick High Road, London W4 4AL.

(1)

1980 c. 45. Sections 76B, 76F and 76J were inserted by the Water Act 1989 (c. 15), Schedule 22. Section 101(1A) was inserted by the Natural Heritage (Scotland) Act 1991 (c. 28), Schedule 10, paragraph 9(5). The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

(2)

1972 c. 68. Section 2(2) was amended by the Scotland Act 1998 (c. 46), Schedule 8, paragraph 15(3). The functions conferred on the Minister of the Crown under section 2(2) of the European Communities Act 1972, insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.

(3)

S.I. 1990/119, amended by S.I. 1991/1333.

(4)

1974 c. 40.

(5)

1978 c. 29.

(6)

1994 c. 39.

(7)

O.J. No. L 330, 5.12.98, p.32.