PART IGENERAL

Citation, commencement and extent1.

(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.

Annotations:
Commencement Information

I1Reg. 1 in force at 26.6.2001, see reg. 1(2)

Interpretation2.

(1)

In these Regulations–

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

“the 1990 Regulations” means the Water Supply (Water Quality) (Scotland) Regulations 19903;

“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 19744, 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 19785;

“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 19946;

“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.

Annotations:
Commencement Information

I2Reg. 2 in force at 26.6.2001, see reg. 1(2)

F1PART IIWATER SUPPLY ZONES

Annotations:
Amendments (Textual)

F1Regulations 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 zonesF13.

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F1PART IIIWHOLESOMENESS

Annotations:
Amendments (Textual)

F1Regulations 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’]

WholesomenessF14.

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F1PART IVMONITORING OF WATER SUPPLIES

Annotations:
Amendments (Textual)

F1Regulations 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’]

Interpretation and applicationF15.

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Monitoring: general provisionsF16.

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Determination of sampling pointsF17.

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Authorisation of supply pointsF18.

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Numbers of samplesF19.

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Sampling: further provisionsF110.

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F1PART VMONITORING – ADDITIONAL PROVISIONS

Annotations:
Amendments (Textual)

F1Regulations 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’]

InterpretationF111.

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Sampling for particular substances and parametersF112.

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Sampling at treatment worksF113.

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Sampling at service reservoirsF114.

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Sampling: new sourcesF115.

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Collection and analysis of samplesF116.

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F1PART VIINVESTIGATIONS, AUTHORISATION OF DEPARTURES AND REMEDIAL ACTION

Annotations:
Amendments (Textual)

F1Regulations 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’]

Investigations: Schedule 1 parametersF117.

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Investigations: Schedule 2 indicator parametersF118.

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Action by the Scottish MinistersF119.

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Authorisation of temporary supply of water that is not wholesomeF120.

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Authorisations: terms and conditionsF121.

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Authorisations: other limitationsF122.

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Publicity for authorisationsF123.

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Revocation and modification of authorisationsF124.

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F1PART VIIWATER TREATMENT

Annotations:
Amendments (Textual)

F1Regulations 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’]

Treatment of raw waterF125.

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Contamination from pipesF126.

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Application and introduction of substances and productsF127.

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Use of processesF128.

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OffencesF129.

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F1PART VIIIRECORDS AND INFORMATION

Annotations:
Amendments (Textual)

F1Regulations 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’]

Maintenance of recordsF130.

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Provision of informationF131.

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Publication of informationF132.

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F1PART IXFUNCTIONS OF LOCAL AUTHORITIES IN RELATION TO WATER QUALITY

Annotations:
Amendments (Textual)

F1Regulations 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’]

Application and interpretationF133.

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Duties of local authorities: supplementary provisionF134.

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F1PART XENFORCEMENT

Annotations:
Amendments (Textual)

F1Regulations 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’]

Contraventions by water authoritiesF135.

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PART XIAMENDMENT AND REVOCATION OF REGULATIONS AND SAVING AND TRANSITIONAL PROVISION

Amendment of the Water Supply (Water Quality) (Scotland) Regulations 199036.

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

Annotations:
Commencement Information

I3Reg. 36 in force at 26.6.2001, see reg. 1(2)

Transitional provision: programmes of work37.

(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.

Annotations:
Commencement Information

I4Reg. 37 in force at 26.6.2001, see reg. 1(2)

Transitional provision: authorisationsF138.

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Annotations:
Amendments (Textual)

F1Regulations 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’]

Revocation of Regulations and savingsF139.

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

Annotations:
Amendments (Textual)

F1Regulations 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